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4. Consultant Responsibilities <br />5 <br />0 <br />7. <br />Upon the request of City Manager, or his or her designee, <br />Consultant shall complete the work program described in <br />Exhibit "A". Consultant commits the principal personnel <br />listed below to the project for its duration: <br />Consultant <br />Robert E. Ferguson, P.E. <br />Replacement of Named Personnel <br />It has been determined that the individual(s) named in this <br />Agreement are necessary for the successful performance of <br />this Agreement. No diversion or replacement of these <br />individual(s) shall be made by Consultant without written <br />consent of City, provided that City may ratify, in writing, <br />within ten (10) days of diversion or replacement and such <br />ratification shall constitute the consent of City required by <br />this clause. If City fails to respond to Consultant within <br />ten (10) days of notification by Consultant, said personnel <br />diversion or replacement shall be deemed approved. <br />Release of News Information <br />No news release, including photographs, public announcements <br />or confirmation of same, of any part of the subject matter of <br />this Agreement or any phase of any program hereunder shall be <br />made without prior written approval of City Manager or her <br />designee. <br />Confidentiality of Reports <br />Consultant shall keep confidential all reports, information <br />and data received, prepared or assembled pursuant to <br />performance hereunder and that City designates as <br />confidential. Such information shall not be made available <br />to any person, firm, corporation or entity without the prior <br />written consent of City. <br />8. Compensation <br />During the term of this Agreement, City shall pay Consultant, <br />for each work component the fixed, not to exceed, fee <br />described in Exhibit "A", the program budget. Said <br />