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shall also be responsible for paying for an engineer to provide bidding assistance,
<br />including but not limited to, attending and participating in any and all pre-bid meetings
<br />and for providing responses to any and all technical questions and requests submitted
<br />through Lessor from potential bidders for clarification or information during the bid
<br />process to the Lessor, who will prepare and issue addenda to provide answers to those
<br />questions. Engineer and Lessee will not provide answers to any questions regarding the
<br />bid other than to Lessor.
<br />S. Bid Process. If awarded a FIND grant sufficient to fund the Dock Project, Lessor will
<br />undertake a bid process consistent with the requirements set forth in the Indian River
<br />County Purchasing Manual. Lessor has the sole discretion to determine the lowest,
<br />responsive and responsible bidder. If the lowest, responsive and responsible bid is
<br />greater than the combination of the FIND grant and the Lessee contribution, the parties
<br />will not proceed with the Dock Project unless the parties mutually agree to do so. Lessee,
<br />including but not limited to, its board members, staff and engineer, shall not discuss the
<br />Dock Project with any prospective bidder or their agent.
<br />6. Funding. Within 10 days of the Lessor's acceptance of the FIND grant, Lessee shall pay
<br />Lessor $100,000, which will be used as the match for the Dock Project, plus $10,000,
<br />which will be used for contingencies during the construction of the Dock Project. Once
<br />the Dock Project is completed, Lessor will seek reimbursement from FIND for Lessor's
<br />contribution of the project. If final amount of,the Dock Project is greater than $200,000,
<br />Lessee shall pay difference to Lessor within 30 days of notice of the final amount of the
<br />Dock Project. If final amount of project is less than $200,000, Lessor will reimburse Lessee
<br />any remaining amount of funds left after Lessor has been reimbursed in -full. Lessor
<br />retains the right to cancel the Dock Project due to cost increases that occur during the
<br />construction of the Dock Project, in the event (essee does not pay for such cost increases,
<br />and Lessee shall be responsible for funding any costs incurred by Lessor.
<br />7. Indemnification. Lessee shall defend, hold harmless and indemnify Indian River County,
<br />its commissioners, officers, employees, and agents, for any losses in the event that FIND
<br />denies or fails to reimburse Lessor for all or a portion of the Dock Project. .
<br />8. Construction. Lessor agrees to complete the Dock Project by the end of the grant period
<br />as identified in the FIND grant agreement. Any non-performance within this time period,
<br />caused by or resulting from an event of Force Majeure (as defined below) shall not
<br />constitute a violation or event of default. For, the purposes of this Agreement, the term
<br />"Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances,
<br />acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics,
<br />landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes,
<br />RA
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