2025/01/29 Council Agenda Packet

7.5 Execution. This Agreement may be simultaneously executed in several counterparts which may be transmitted by email, each of which shall be an original and all of which shall constitute but one and the same instrument. 7.6 Public Records Act. This Agreement and all public records associated with this Agreement shall be available from the Parties 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 a Party(ies) are needed by a different Party member to respond to a request under the Act, as determined by the responsive Party, the other Party(ies) agree to make them promptly available to the responsive Party. If the other Party(ies) considers any portion of any record provided to the responsive Party under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the other Party(ies) shall clearly identify any specific information that it claims to be confidential or proprietary. If the responsive Party receives a request under the Act to inspect or copy the information so identified by the other Party(ies) and the responsive Party determines that release of the information is required by the Act or otherwise appropriate, the responsive Party’s sole obligation shall be to notify the other Party(ies) (a) of the request and (b) of the date that such information will be released to the requester unless the other Party(ies) obtain a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the other Party(ies) fails to timely obtain a court order enjoining disclosure, the responsive Party will release the requested information on the date specified. The responsive Party has, and by this section assumes, no obligation on behalf of the other Party(ies) to claim any exemption from disclosure under the Act. The responsive Party shall not be liable to the other Party(ies) for releasing records not clearly identified by the other Party(ies) as confidential or proprietary. The responsive Party shall not be liable to the other Party(ies) for any records that the responsive Party releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. 7.7 Interlocal Cooperation Act. The purpose of this Agreement is to provide for the day-to-day responsibilities of the Parties regarding the Jetty Landing Launch and provide a procedure for identifying and completing larger improvements, all as set forth herein. Each of the Parties to this Agreement shall designate an individual (an “Administrator”), who may be designated by title or position, to oversee and administer that Party’s participation in this Agreement. The Parties’ initial Administrators shall be the individuals specified in Section 7.1 above. Any Party may change its Administrator at any time by delivering written notice of the party’s new Administrator to the other parties. The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by any Party in connection with the performance of this Agreement will remain the sole property of such Party, and the other Party shall have no interest therein. As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it has been either filed with the County Auditor or posted on the County’s Interlocal Agreements website. 7.8 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document signed by the party against whom such modification is sought to be enforced.