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Agreement are subject to the availability of funds lawfully appropriated for its purpose <br /> by the Board of County Commissioners of Indian River County . <br /> SECTION VI — ADDITIONAL SERVICE WORK <br /> Additional service work occurs when the COUNTY requests changes after it has <br /> formally approved this Agreement . Additional service work shall not commence until a <br /> Work Order for the additional work has been formally issued by the County Public <br /> Works Director or his designee , and formally approved by the Indian River County <br /> Board of County Commissioners , and the additional service work shall be performed in <br /> accordance with the fee schedule set forth in Exhibit " B " . If the project scope is <br /> changed after a Work Order has been executed , such work shall be the subject of a <br /> Supplemental Work Order formally approved by the Indian River County Board of <br /> County Commissioners . <br /> SECTION VII — STANDARD OF CARE <br /> The SURVEYOR has , during the selection and negotiation process which has <br /> preceded this Agreement , represented to COUNTY that the SURVEYOR is possessed <br /> of the requisite level of skill , knowledge , experience , and expertise that is <br /> commensurate with the area of practice required for this Agreement . SURVEYOR <br /> acknowledges that COUNTY has relied on SURVEYOR's representations of skill , <br /> knowledge , experience and expertise . By executing this Agreement , SURVEYOR <br /> agrees that SURVEYOR will exercise that degree of care , knowledge , skill , and ability <br /> as other consultants possessing the degree of skill , knowledge , experience and <br /> expertise which SURVEYOR has claimed . SURVEYOR shall perform such duties as <br /> may be assigned without neglect . SURVEYOR covenants with COUNTY to cooperate <br /> with COUNTY and to utilize SURVEYOR Is best skill , efforts and judgment in the areas <br /> of practice required for this Agreement . SURVEYOR agrees to perform the work under <br /> this Agreement in an efficient and economical manner consistent with the COUNTY's <br /> interest ; the COUNTY's stated objectives ; and recognized professional standards . <br /> SECTION VIII — PAYMENTS <br /> A . The COUNTY shall make monthly partial payments pursuant to Florida <br /> Prompt Payment Act ( F . S . Section 218 . 70 et. seq . ) to the SURVEYOR for services <br /> performed under this Agreement . A ten percent ( 10 % ) retainage shall be withheld by <br /> the COUNTY until all of the SURVEYOR 9s work is completely accepted by the <br /> COUNTY . If work is held up on the project for six months or greater due to no fault of <br /> the SURVEYOR , the SURVEYOR may request release of the accumulated retainage . <br /> B . Unless otherwise stated herein , the SURVEYOR shall submit duly certified <br /> invoices in triplicate to the County Public Works Director, setting forth with particularity. <br /> C . The Agreement shall be divided into units of deliverables , which shall include , <br /> but not be limited to , reports , findings , drawings , and drafts , that must be received and <br /> accepted in writing by the County Public Works Director, prior to payment , all as set <br /> forth in Exhibit "A . " <br /> 3 <br />