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The COUNTY shall make monthly partial payments to the ENGINEER for all authorized work pertaining directly to this project performed during the previous calendar month . The ENGINEER shall prepare a monthly invoice form forthe COUNTY' s approval . Use the approved form to submit all Project invoices . The ENGINEER shall submit invoices monthly for services performed and expenses incurred pursuant to this 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 afterthe 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, 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 underthe "Scope of Services Provided by the ENGINEER , " herein . SECTION VIII = VENUE 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 . This WORK ORDER , regardless of where executed , shall be governed by and construed according to the laws of the State of Florida . FAPublic Works\KeithM\Stormwater ProjectsTast IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No . 5 - Final Design of Vortex System\Work Order #5 - Rev. May 3 , 2004.doc 12