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22. Public Records Act. This Agreement and all public records associated with this <br />Agreement shall be available from the County for inspection and copying by the public where <br />required by the Public Records Act, Chapter 42.56 RCW (the "Act") To the extent that public <br />records then in the custody of the City are needed for the County to respond to a request under <br />the Act, as determined by the County, the City agrees to make them promptly available to the <br />County If the City considers any portion of any record provided to the County under this <br />Agreement whether in electronic or hard copy form, to be protected from disclosure under law, <br />the City shall clearly identify any specific information that it claims to be confidential or <br />proprietary. If the County receives a request under the Act to mspect or copy the information so <br />identified by the City and the County determines that release of the information is required by <br />the Act or otherwise appropriate, the County's sole obligations shall be to notify the City (a) of <br />the request and (b) of the date that such information will be released to the requester unless the <br />City obtains a court order to enjoin that disclosure pursuant to RCW 42 56.540 If the City fails <br />to timely obtain a court order enjoining disclosure, the County will release the requested <br />information on the date specified. <br />The County has, and by this section assumes, no obligation on behalf of the City to claim <br />any exemption from disclosure under the Act. The County shall not be liable to the City for <br />releasing records not clearly identified by the City as confidential or proprietary. The County <br />shall not be liable to the City for any records that the County releases in compliance with this <br />section or in compliance with an order of a court of competent jurisdiction. <br />23. Interpretation. This Agreement and each of the tenns and provisions of it are <br />deemed to have been explicitly negotiated by the parties. The language in all parts of this <br />Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or <br />against either of the parties hereto. The captions and headings of this Agreement are used only <br />for convenience and are not intended to affect the interpretation of the provisions of this <br />Agreement. This Agreement shall be construed so that wherever applicable the use of the <br />singular number shall include the plural number, and vice versa, and the use of any gender shall <br />be applicable to all genders. <br />24. Complete Agreement. This Agreement constitutes the entire understanding of the <br />parties. Any written or verbal agreements that are not set forth herein or incorporated herein by <br />reference are expressly excluded. <br />25. Conflicts between Attachments and Text. Should any conflicts exist between any <br />attached exhibit or schedule and the text or main body of this Agreement, the text or main body <br />of this Agreement shall prevail. <br />26. No Third Party Beneficiaries. The provisions of this Agreement are for the <br />exclusive benefit of the County and the City. This Agreement shall not be deemed to have <br />conferred any rights, express or implied, upon any third parties. <br />27. Governing Law; Venue. This Agreement shall be governed by the laws of the State <br />of Washington. The venue of any action arising out of this Agreement shall be in the Superior <br />Court of the State of Washington, in and for Snohomish County. <br />CARES ACT FUNDING AGREEMENT <br />WITH CITY OF EVERETT <br />(July 2013 edition) <br />Page 8 of 14 <br />