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Agreement during the prior month. The ENGINEER shall submit duly certified invoices in duplicate to the Director of the Public Works Department . For lump sum line items , the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the ENGINEER, to the total due for this phase of the work . For time and material line items , the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period . The amount of the partial payment due the ENGINEER for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent ( 10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments . Per F . S . 218 . 74(2) , the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the ENGINEER ' s invoice . Per F . S . 218 . 74(2) , the ten percent ( 10%) retainage withheld shall be paid in full to the ENGINEER by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director. Fees are payable monthly. Billings shall be payable within twenty- five days . The Agreement is broken into deliverable units . No payment shall be made unless the Public Works Director has received and approved the work products required under the " Scope of Services Provided by the ENGINEER," herein. SECTION VIII - VENUE This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION IX - RELATIONSHIP TO MASTER AGREEMENT AND LAWS OF FLORIDA All conditions set forth in the MASTER AGREEMENT shall control unless otherwise specified in this WORK ORDER. [THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY] F:\Pubbc Works\KeithM\Stcrmwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Wank Order No. 2 - Replacement of Radial Arm Gates\Work Order No. 2 - Latest Revision .doc 7 EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN