County observes or otherwise becomes aware of any development that affects the timing or
<br />delivery of the Consultant's Services. If the Consultant has been delayed in completing its
<br />Services through no fault or negligence of either the Consultant or any sub- consultant, and,
<br />as a result, will be unable to perform fully and satisfactorily under the provisions of this
<br />Agreement, then the Consultant shall promptly notify the Project Manager. In the County's
<br />sole discretion, and upon the submission to the County of evidence of the causes of the delay,
<br />this Agreement shall be modified in writing, subject to the County's rights to change,
<br />terminate, or stop any or all of the Services at any time in accordance with this Agreement.
<br />2.8 The Consultant shall not be considered in default for a failure to perform if such
<br />failure arises out of causes reasonably beyond the Consultant's control and through no fault or
<br />negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts
<br />of God, or other unforeseen circumstances of a similar nature such as epidemic or pandemic,
<br />may necessitate modifications to this Agreement. If such conditions and circumstances do in
<br />fact occur, then the County and Consultant shall mutually agree, in writing, to the
<br />modifications to be made to this Agreement.
<br />3. RESPONSIBILITIES OF THE CONSULTANT.
<br />3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A,
<br />in connection with the assigned Project(s) as set forth in this Agreement.
<br />3.2 The Consultant agrees to complete the Project in a timely manner and within a
<br />mutually agreed upon schedule, as may be modified from time to time.
<br />3.3 The Consultant will maintain an adequate staff of qualified personnel and assign
<br />them to work on the project as necessary to complete the agreed upon scope of services.
<br />3.4 The Consultant will comply with all present and future federal, state, and local
<br />laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed
<br />under this Agreement.
<br />3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and
<br />agree that: (1) in connection with the furnishing of Services to the County hereunder, no
<br />person shall be excluded from participation in, denied the benefits of, or otherwise subjected
<br />to discrimination in regard to the services to be performed by Consultant under this
<br />Agreement on the grounds of such person's race, color, creed, national origin, religion,
<br />physical disability, age or sex; and (2) the Consultant shall comply with all existing
<br />requirements concerning discrimination imposed by any and all applicable local, state, and
<br />federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from
<br />time to time amended.
<br />3.6 The Consultant shall, during the entire term of this Agreement, procure and keep
<br />in full force, effect, and good standing any and all necessary licenses, registrations, certificates,
<br />permits, and any and all other authorizations as are required by local, state, or federal law, in
<br />order for the Consultant to render its Services as described in this Agreement. The Consultant
<br />shall also require all subconsultants to comply by contract with the provisions of this section.
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