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<br />CONTRACTUAL SERVICES <br />Page 5 of 13 <br /> <br />Federal regulations in that the more restrictive of the applicable <br />regulations will govern. <br /> <br />G The Consultant should be aware of the following time frames. Upon <br />receipt, the Department has five (5) working days to inspect and approve <br />the report, plans or specifications unless the Supplemental Agreement <br />specifies otherwise. <br /> <br />H. If a payment is not available within 40 days, a separate interest penalty at <br />a rate established pursuant to Section 215.422, Florida Statutes, will be <br />due and payable, in addition to the invoice amount, to the Consultant. <br />Interest penalties of less than one (1) dollar will not be enforced unless <br />the Consultant requests payment. Invoices which have to be returned to a <br />Consultant because of Consultant preparation errors will result in a delay <br />in the payment. The invoice payment requirements do not start until a <br />properly completed invoice is provided to the City. <br /> <br />I. Except for issues arising from contract indemnification provisions, the City <br />shall have the right to retain out of any payment due the Consultant under <br />this Agreement an amount sufficient to satisfy any amount due and owing <br />to the City by the Consultant on any other Agreement between the <br />Consultant and the City. The City may withhold payment on any invoice in <br />the event that the Consultant is in default under any provision of this <br />Agreement or any other Agreement between the Consultant and the City <br />as of the time of processing the invoice or as of the time payment is made <br />available on the invoice. This right to withhold shall continue until such <br />time as the default has been cured, and, upon cure, the City shall have <br />the right to retain an amount equal to the damages suffered as a result of <br />the default. <br /> <br />J. It is mutually agreed and understood that the following provision shall be <br />applicable to this Agreement if the compensation, as indicated in <br />Paragraph 3.A. hereof, to be paid to the Consultant, whether by lump sum <br />or cost-plus-a-fixed-fee, shall exceed $60,000. <br /> <br />The Consultant hereby certifies, covenants and warrants that wage rates <br />and other factual unit costs provided the City to support the compensation <br />provided in Paragraph 3.A. hereof are accurate, complete and current as <br />of the date of this Agreement. It is further agreed that said Agreement <br />price provided in Paragraph 3.A. hereof shall be adjusted to exclude any <br />significant sums where the City shall determine the Agreement price was <br />increased due to inaccurate, incomplete or non-current wage rates and <br />other factual unit costs. All such Agreement adjustments shall be made <br />within one year following the end of the Agreement. For the purpose of <br />this Agreement, the end of the Agreement shall be deemed to be the date <br />