2020/09/16 Council Agenda Packet

6.3 Electronic data. In the event that electronic data or files are requested by the City, the City shall be responsible for acquiring any software licenses that are necessary to use the transferred information. 6.4 Custody of records. The County shall retain permanent custody of all original records. No original records shall be transferred from the County to the City. As the designated custodian of original records, the County shall be responsible for compliance with all legal requirements relating to their retention and destruction as set forth in Subsection 6.5 of this Agreement. 6.5 Records retention and destruction. The County agrees to retain and destroy all public records pursuant to this Agreement consistent with the applicable provisions of Chapter 40.14 RCW and the applicable rules and regulations of the Secretary of State, Division of Archives and Records Management. 6.6 Public records requests. Any requests for copying and inspection of public records shall be the responsibility of the party receiving the request. Requests by the public shall be processed in accordance with Chapter 42.56 RCW and other applicable law. If the County considers any portion of a record provided to the City to be confidential, the County shall clearly identify the portion of the record it claims to confidential. If the City receives a request for any portion of a record the County has identified as confidential, the City agrees to withhold from disclosure documents which the County has requested remain confidential and not be disclosed where disclosure is not, in the City's sole determination, mandated by law. In the event the City determines the release of the record is required, the City shall notify the County (i) of the request and (ii) of the date the record will be released unless the County obtains a court order to enjoin the disclosure pursuant to RCW 42.56.540. If the County fails to timely obtain a court order, the City will release the record on the date specified. 7. SURFACE WATER MANAGEMENT 7.1 Legal control and maintenance responsibilities. There are no known surface water management improvements or facilities within the Annexation Area. If the Annexation Area includes any unknown surface water management improvements or facilities (i) in which the County has an ownership interest, (ii) over or to which the County has one or more easements for access, inspection and/or maintenance purposes, and/or (iii) relating to which the County has maintenance, monitoring, or other responsibilities, all such ownership interests, rights and responsibilities shall be transferred to the City, effective by the date of the Annexation. All flood control/diking facilities owned by a flood control/diking district, or any privately owned flood control/diking facilities within the Annexation Area shall remain the responsibility of the owner to maintain after the Annexation. The City shall have no responsibility for maintenance of such facilities. INTERLOCAL AGREEMENT Page 9 of 21 BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19, 2020 CONCERNING THE SMITH ISLAND WEST ANNEXATION PURSUANT TO RCW 35,13,470