S Housing- First Baptist and Manley Estates Inc

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3. FMBE must receive at least three (3) competitive bids for the construction work and provide evidence of the bid solicitation process and- the bid award. II. COUNTY SUPPORT The County agrees to appropriate for the work delineated in Paragraph I, a sum up to Eighty- Five Thousand Dollars ($85,000) to First Baptist and Manley Estates, Incorporated. To the extent legally possible, FBME shall indemnify and hold County, its officers, agents, and employees, harmless from and against any and all claims, actions, liabilities, costs, including attorney fees and other costs of defense, arising out of or in any way related to any act or failure to act by FBME, its employees, agents, .officers, and contractors in connection with this Agreement. In the event any such action or claim is brought against County, FMBE shall, upon County's tender, defend the same at FBME's sole cost and expense, promptly satisfy any judgment adverse to County or to County and FBME jointly, and reimburse County for any loss, cost, damage, or expense, including attorney fees suffered or incurred by County. III. PAYMENT AND DOCUMENTATION It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $85,000. Written requests for the payment of eligible expenses shall contain a project progress report and copies of original receipts/invoices for eligible expenses, and, as to the construction expenses, certified eligible for payment by the project Civil Engineer. All payment requests must be submitted to the Housing and Community Development Department for review and payment. In addition, FBME agrees to allow the County to inspect its financial books and records related to the feasibility study upon reasonable notice during normal working hours. IV. TERMINATION FOR CAUSE In the event that FBME shall cease to exist as an organization or shall enter bankruptcy proceedings, or be declared insolvent, or liquidate all or substantially all of its assets, or shall not fulfill any term of this agreement, or in the event that First Baptist Church shall fail to render a satisfactory accounting as provided herein, then and in that event the County may terminate this Agreement and FBME will return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered. Notwithstanding the foregoing, either party may terminate the Agreement at any time without penalty, provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination. 2