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values established, or in the case of unit price work based on the number of <br /> units completed. After fifty percent (50%) completion, and pursuant to <br /> Florida Statutes section 218 . 735(8)(d), the Contractor may submit a pay <br /> request to the County as Owner for up to one half ( 1 /2) of the retainage held <br /> by the County, and the County shall promptly make payment to the Contractor <br /> unless such amounts are the subject of a good faith dispute; the subject of a <br /> claim pursuant to Florida Statutes section 255 . 05(2005); or otherwise the <br /> subject of a claim or demand by the County or the Contractor. The Contractor <br /> acknowledges that where such retainage is attributable to the labor, services, <br /> or materials supplied by one or more subcontractors or suppliers, the <br /> Contractor shall timely remit payment of such retainage to those <br /> subcontractors and suppliers. Pursuant to Florida Statutes section <br /> 218 . 735(8)(c)(2005), Contractor further acknowledges and agrees that: 1 ) the <br /> County shall receive immediate written notice of all decisions made by <br /> Contractor to withhold retainage on any subcontractor at greater than five <br /> percent (5%) after fifty percent (50%) completion; and 2) Contractor will not <br /> seek release from the County of the withheld retainage until the final pay <br /> request. <br /> 4.4. Paragraphs 4.2 and 4.3 do not apply to construction services work <br /> purchased by the County as Owner which are paid for, in whole or in part, <br /> with federal funds and are subject to federal grantor laws and regulations or <br /> requirements that are contrary to any provision of the Local Government <br /> Prompt Payment Act. In such event, payment and retainage provisions shall <br /> be governed by the applicable grant requirements and guidelines. <br /> 4. 5 . CONTRACTOR shall allow adequate processing time for County <br /> Commission final acceptance and approval for final payment in accordance <br /> with the provisions of the Local Government Prompt Payment Act, Florida <br /> Statutes section 218. 70 et. seq. <br /> 4.6. The CONTRACTOR shall make the following certification (Affidavit) <br /> on each Request for Payment: "I hereby certify that the labor and materials <br /> listed on this Request for Payment have been used in the construction of this <br /> Work and payment received from the last request for payment has been used <br /> to make payments to all subcontractors, laborers, material, men and suppliers <br /> except as listed below: <br /> 4. 7. Notice of Non-Payment. If one or more "Notice of Non-Payment" or <br /> "Notice to OWNER" is received by the OWNER, no further payments will be <br /> approved until non-payment(s) have been satisfied and a "Lien Waiver" for <br /> each "Notice" has been submitted to the OWNER. Upon request, <br />