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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
<br /> telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
<br /> description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
<br /> CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
<br /> or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
<br /> For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any
<br /> kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either
<br /> directly or after translation into a reasonably useable form. ESI may include information and/or documentation
<br /> stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe
<br /> Acrobat, SQL databases,or any other software or electronic communication programs or databases that the
<br /> CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
<br /> tapes, smart phones,thumb drives, CDs, DVDs, floppy disks,work computers, cell phones, laptops or any other
<br /> electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
<br /> personal devices used by the CONSULTANT or any sub-consultant at home.
<br /> "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
<br /> created,viewed, and/or modified.
<br /> The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in
<br /> relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
<br /> writing by the AGENCY prior to the execution of such subcontract.
<br /> In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the
<br /> "Execution Date"box on page one (1) of this AGREEMENT.
<br /> 411
<br /> , ! Z/ !O/tg
<br /> Signatur- Date
<br /> 4111011? ---,
<br /> 3/ a opo
<br /> Signature Date
<br /> Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
<br /> of the Attorney General.
<br /> A i „ ST:
<br /> A/.,A,Ii- -=`
<br /> Office of the City Attorney City lerk
<br /> APPROVED AS TO FORM
<br /> David C. Hall, City Attorney
<br /> Agreement Number:
<br /> Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
<br /> Revised 08/15/2019
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