|
or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's
<br /> Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of
<br /> either the CONSULTANT or any sub-consultant, and, as a result will be unable to perform fully and
<br /> satisfactorily under the provisions of this Agreement,then the CONSULTANT shall promptly notify the Project
<br /> Manager. In the COUNTY's sole discretion,and upon the submission to the COUNTY of evidence of the causes
<br /> of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the
<br /> COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this
<br /> Agreement.
<br /> 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises
<br /> out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the
<br /> CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen
<br /> circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and
<br /> circumstances do in 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 in connection with the assigned
<br /> Project(s) as set forth in the Work Orders and the Scope of Services attached hereto as Exhibit 2.
<br /> 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before
<br /> execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the
<br /> COUNTY's requirements for the Project.
<br /> 3.3 The CONSULTANT agrees to complete each Project within the time frame specified in the Work
<br /> Order.
<br /> 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel.
<br /> 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules,
<br /> regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement.
<br /> 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1)
<br /> in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from
<br /> participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to
<br /> be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, religion,
<br /> sex, sexual orientation, gender identity, national origin, physical disability, or age; and (2) the CONSULTANT
<br /> shall comply with all existing requirements concerning discrimination imposed by any and all applicable local,
<br /> state, and federal rules, regulations,or guidelines; as such rules, regulations,or guidelines may be from time
<br /> to time amended.
<br /> 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force,
<br /> effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all
<br /> other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render
<br /> its Services as described in this Agreement.The CONSULTANT shall also require all sub-consultants to comply
<br /> by contract with the provisions of this section.
<br /> 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to
<br /> accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT
<br /> 2024018 Agreement
<br />
|