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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 /> 5. 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 Lessee 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,
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