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Development,shall be done on a time and materials basis not to exceed ibe,maximum <br /> charge set by the County Director of Community Development,and shad be based on <br /> CONSULTANTS per diem fee schedule contained in`Exhibit A hereto.,Payment of <br /> compensation for the performance of extra services shall be made by COUNTY-to <br /> CONSULTANT in the manner determined by the County Director,of Community <br /> Development. <br /> D. CONSULTANT warrants that it possesses the:knowledge and skills'necessary for.the <br /> development of said Environmental Impact Reportar that it will subcontract for such <br /> services.CONSULTANT warrants that said.Environmental Impact Report will be <br /> prepared in agreement with the provisions of the California Environmental Quality Act, <br /> as amended. <br /> E. CONSULTANT acknowledges there is no current contract with project applicant,and <br /> CONSULTANT agrees to forego any financial involvement with the applicant relating <br /> directly or indirectly to this project during the completion of work in conjunction with <br /> this Agreement. <br /> F. In the event of judicial determination of the inadequacy of the Environmental Impact <br /> Report,CONSULTANT agrees to perform such work as deemed necessary on a time and <br /> materials basis with additional work to be based on CONSULTANTS per diem fee <br /> schedule contained in Exhibit A hereto. <br /> II. TERM OF CONTRACT <br /> A. Services of CONSULTANT shall commence as soon as practical after the execution of <br /> this Agreement and shall terminate upon notice of completion and acceptance of services <br /> described herein and in Exhibit A. Such notice of completion and acceptance of such <br /> services shall be in writing by the County Director of Community Development to <br /> CONSULTANT. <br /> B. The County Director of Community Development has the right to terminate this <br /> Agreement at any time within ten(10)business day's written notice to CONSULTANT. <br /> In such event,COUNTY shall pay CONSULTANT any amounts owed under this <br /> agreement for any work performed by CONSULTANT before notice is received,except <br /> that the total paid shall not exceed 90%of the total contract price.Prior to such payment; <br /> al I supporting studies,materials and other documents,whether finished or not,shall be <br /> delivered to COUNTY by CONSULTANT. <br /> III. DATA TO BE FURNISHED <br /> A. All information,data,reports,records,and maps as are existing,available and necessary <br /> for the carrying out of the services as set forth in this Agreement, shall be furnished to <br /> CONSULTANT. CONSULTANT agrees that COUNTY'S responsibility to furnish <br /> information is limited to data of record and in format as recorded.No specific studies or <br /> research will be undertaken by COUNTY. <br /> B. CONSULTANT shall furnish the following number of copies to the COUNTY: <br /> Administrative Draft Environmental Impact Report: 10 <br /> Draft Environmental Impact Report: 100 <br /> Final Environmental Impact Report. 100 <br />