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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, <br /> either directly or after translation into a reasonably useable form. ESI may include information and/or <br /> documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, <br /> PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or <br /> databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network <br /> servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, <br /> laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES <br /> hereunder,including any 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 <br /> normally 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 /> hi 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 /> --� 2/24/2024 <br /> Signature Date <br /> 3 z-54 <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 /> APPROVED AS TO FORM <br /> OFFICE OF THE CITY ATTORNEY <br /> EVERETT <br /> March 23,2022 <br /> ATT � , e ►�► <br /> Deputy CI Cierk <br /> Local Agency A&E Professional Services Agreement Number 3750-01 <br /> Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 14 of 14 <br />