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<br />Page 5 of 27 <br />Diversion Authority reserves the right to require removal of those personnel from the Task <br />Order. The Diversion Authority shall provide Consultant with a written statement, including <br />reasonable detail, outlining its reasons for desiring removal. Replacement personnel for the <br />removed person shall be fully qualified for the position. <br /> <br />10. PERSONNEL IDENTIFIED FOR PROJECT DELIVERY. Consultant agrees and <br />acknowledges that the following individuals shall be assigned the following roles for this <br />Agreement (hereinafter “Key Personnel”): <br /> <br />Individual Position Labor Category Billing <br />Rate/Hour <br />Ezra Ballinger/ <br />Nate McKinney Senior Engineer 128 $187 <br />Ezra Ballinger Project Manager 226 $167 <br />Various Structural Steel Inspector 526 $115 <br />Various Observations Personnel 206, 260, 222 $104 <br />Vicki Peterson/ <br />Jesi Anderson Project Assistant 238 $94 <br />Various Testing Personnel/ Sample Pickup 207, 209, 217, 261, 278 $78 <br /> <br />Consultant shall use its Best Efforts to assure that Key Personnel are available to provide <br />services to the Project and as points of contact for the Co-Executive Directors, Program <br />Management Consultant, and General Counsel of the Diversion Authority. In the event that <br />any of the Key Personnel are not available for the Project, Consultant shall notify the Co- <br />Executive Directors of the Diversion Authority within ten (10) days of the Key Personnel’s <br />non-availability. Consultant shall provide the resumes of the individual(s) it is proposing to <br />replace the non-available Key Personnel and the Diversion Authority will review the resume <br />and may approve the new Key Personnel. The Diversion Authority will act in Good Faith <br />and in a reasonable manner when reviewing and approving new Key Personnel. In the event <br />that the Diversion Authority determines that the new Key Personnel are not acceptable, <br />Consultant will propose new Key Personnel. <br /> <br />11. SUBCONTRACTORS. Consultant may enter into agreements with subcontractors in <br />furtherance of their services under this Agreement, as approved by the Diversion Authority’s <br />Co-Executive Directors, whose approval shall not be unreasonably withheld. <br /> <br />12. TERM. Unless terminated under Section 36, this Agreement shall remain in full force and <br />effect for a period of approximately three (3) years from the date of execution on August 1, <br />2017, through December 31, 2019. This Agreement shall take full force and effect on <br />August 1, 2017, upon approval and execution by the Diversion Authority Board. Pursuant to <br />Section 13 of this Agreement and upon expiration of the initial term of this Agreement, this <br />Agreement may be renewed by mutual agreement of the parties. <br /> <br />13. EXTENSION OF TERM. This Agreement may be extended by written amendment or <br />renewed as set forth in Section 12 of this Agreement. If this Agreement expires before the <br />completion of a Task Order, the Agreement shall be deemed to have been extended until the <br />completion of services under the applicable Task Order. DRAFT