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ti <br /> Photocopy , , 1111111111111mmomm am I " , ' mean a Daemon mm $0 . 15 <br /> SECTION VII = PARTIAL PAYMENTS <br /> The COUNTY shall make monthly partial payments to the ENGINEER for all <br /> authorized work pertaining directly to this project performed during the previous calendar <br /> month . The ENGINEER shall submit invoices monthly for services performed and <br /> expenses incurred pursuant to this Agreement during the prior month . <br /> The ENGINEER shall submit duly certified invoices in duplicate to the Director of <br /> the Public Works Department . For lump sum line items , the amount submitted shall be the <br /> prorated amount due for all work performed to date under this phase , determined by <br /> applying the percentage of the work completed as certified by the ENGINEER , to the total <br /> due for this phase of the work . For time and material line items , the amount submitted <br /> shall be based on the actual hours worked and expenses incurred for the billing period . <br /> The amount of the partial payment due the ENGINEER for the work performed to <br /> date under these phases shall be an amount calculated in accordance with the previous <br /> paragraph , less ten percent ( 10 % ) of the invoice amount thus determined , which shall be <br /> withheld by the COUNTY as retainage , and less previous payments . Per F . S . 218 . 74 (2 ) , <br /> the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY <br /> receives the ENGINEER ' s invoice . <br /> Per F . S . 218 . 74 (2 ) , the ten percent ( 10 % ) retainage withheld shall be paid in full to <br /> the ENGINEER by the COUNTY , on or before the forty-fifth day after the date of final <br /> acceptance of the Work by the Public Works Director. <br /> The Agreement is broken into deliverable units . No payment shall be made unless <br /> the Public Works Director has received and approved the work products required under <br /> the " Scope of Services Provided by the ENGINEER , " herein . <br /> SECTION VIII = VENUE <br /> Venue for any lawsuit brought by either party against the other party or otherwise arising <br /> out of this Contract shall be in Indian River County, Florida , or, in the event of a federal <br /> jurisdiction , in the United States District Court for the Southern District of Florida . <br /> SECTION IX - RELATIONSHIP TO MASTER AGREEMENT AND LAWS OF FLORIDA <br /> All conditions set forth in the MASTER AGREEMENT shall control unless otherwise <br /> specified in this WORK ORDER , <br /> This Contract, regardless of where executed , shall be governed by the laws of the <br /> State of Florida . <br /> [The remainder of this page was left blank intentionally] <br /> F :\Public Works\KeithM\Stormwater Projects\Roseland\Work Orders\Work Order No. 11 - Carter Associates.doc Page 3 of 4 <br />