2021/05/26 Council Agenda Packet

County does not, by exercising its rights under this Section 20, waive, release or forego any legal remedy for any violation, breach or non-performance of any of the provisions of this Agreement. At its sole option, the County may deduct from the final payment due the TPA Recipient (i) any damages, expenses or costs arising out of any such violations, breaches or non-performance and (ii) any other set -offs or credits including, but not limited to, the costs to the County of selecting and compensating another contactor to complete the work of the Agreement. 21. Notices. All notices and other communications shall be in writing and shall be sufficient if given, and shall be deemed given, on the date on which the same has been mailed by certified mail, return receipt requested, postage prepaid, addressed as follows: If to the County: If to the TPA Recipient: Snohomish County Parks, Recreation and Tourism 6705 Puget Park Drive, M/S 303 Snohomish, WA 98296 Attention: Carol Peterson Interim Tourism Promotion Coordinator City of Everett 2930 Wetmore Ave. Suite 10A Everett, WA 98201 Attention: Tyler Chism Placemaking Coordinator The County or the TPA Recipient may, by notice to the other given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent. 22. Confidentiality. The TPA Recipient shall not disclose, transfer, sell or otherwise release to any third party any confidential information gained by reason of or otherwise in connection with the TPA Recipient's performance under this Agreement. The TPA Recipient may use such information solely for the purposes necessary to perform its obligations under this Agreement. The TPA Recipient shall promptly give written notice to the County of any judicial proceeding seeking disclosure of such information. 23. Public Records Act. This Agreement and all public records associated with this Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of the TPA Recipient are needed for the County to respond to a request under the Act, as determined by the County, the TPA Recipient agrees to make them promptly available to the County. If the TPA Recipient considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the TPA Recipient shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the TPA Recipient and the County determines that release of the information is required by the Act or otherwise appropriate, the County's sole obligations ed. 2021 TOURISM PROMOTION AREA AGREEMENT WITH CITY OF EVERETT Page 8 of 15