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The CONTRACTOR ' s price at the time of delivery of goods and services will be : a ) the price set forth <br /> on the Bid Form ; and b) when not delineated on the Bid Form , the prices established in the version <br /> of the FEMA rate structures applicable when the CONTRACTOR is given Notice to Proceed . The <br /> CONTRACTOR , by June 1 of each year, shall notify the COUNTY in writing of any proposed price <br /> schedule changes with justification for each change . The COUNTY will either accept the proposed <br /> changes or decline to accept the price changes within thirty ( 30 ) days and ask for negotiation . <br /> Article 5 . PAYMENT PROCEDURES <br /> Progress Payments: OWNER shall make progress payments on account of the Contract Price on the <br /> basis of CONTRACTOR 's Applications for Payment at intervals not less than once each month during <br /> performance of the Work as provided below. <br /> 1 . Ninety percent (90 % ) of Work completed (with the balance being retainage ) ; and <br /> 2 . Eighty percent ( 80 % ) of cost of materials and equipment not incorporated in the Work <br /> but stored an the Project site (with the balance being retainage ) . <br /> Fina ! Acceptance and Payment: When the work provided for under this contract has been completed , <br /> in accordance with the terms thereof, a payment request in the amount of such work shall be <br /> prepared by the CONTRACTOR , and filed with the OWNER within fifteen days after the date of <br /> completion . <br /> In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER , the <br /> OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT and acceptance <br /> of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the <br /> CONTRACTOR in connection with this Contract . <br /> Article 6 . THE CONTRACT DOCUMENTS <br /> The General Terms and Conditions , Invitation to Bid Form , Qualification Questionnaire , Special <br /> Provisions - Disaster Debris Removal and Disposal Services ( Exhibit B ) , Insurance Requirements <br /> ( Exhibit A) , Performance and Payment Bonds , together with this Agreement , farm the Contract , and <br /> are fully a part of this Contract as if included herein . <br /> Article 7 . VENUE <br /> This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought <br /> by either party against the other party or otherwise arising out of this agreement shall be in Indian <br /> River County , Florida , or in the event of federal jurisdiction , in the United States District Court for the <br /> Southern District of Florida . <br /> Article 8 . CONTRACT PERIOD <br /> This Contract shall be binding on the parties for a period of eighteen ( 18 ) consecutive months from <br /> the date of this Contract by both parties unless terminated earlier in accordance with its terms . The <br /> County may extend the term of this Contract for up to three ( 3 ) additional terms of twelve <br />( 12) <br /> months each on the same terms and conditions . <br /> Page 24 of 30 <br /> F:1Public Works\Hurricane - Disaster Preparedness\Hurricane 20111Debris Removal Bid & Contract docslHurricane Debris Removal Bid <br /> Doc 03-01 - 11 . doc <br />