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of the Board of County Commissioners for settlement. If not resolved by <br />them within thirty (30) days of referral, the City Mayor and Chair of the <br />Board of County Commissioners may by mutual written consent apply to <br />the Superior Court Judge for appointment of an arbitrator whose decision <br />shall be fmal and binding on both parties. If mutual written consent to apply <br />for the appointment of an arbitrator is not reached, either party may seek <br />court action to decide the disputed contract provision. <br />ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec <br />IX (B) determined owed to the County pursuant to the billing dispute <br />resolution procedure described above shall be paid by the City within thirty <br />(30) days of the negotiated resolution, arbitrator's decision or court fmding. <br />D. Each party may examine the other's books and records to verify charges. If an <br />examination reveals an improper charge, the amount shall be applied to the next <br />quarter and subsequent quarter's payments until the credit has been exhausted. Any <br />unused credit, which exists at the termination of this agreement, shall be refunded <br />within thirty (30) days of the date of termination. <br />E. Billing Statements. The County shall provide a billing statement each quarter in <br />accordance with section IX (A). <br />F. Unpaid balances over 60 days in arrears may result in cancellation of access to the <br />Corrections Center for booking of non-felony prisoners . <br />G. Upon cancellation of this agreement, the City would be responsible for making its <br />own arrangements for the booking of all City misdemeanors, gross misdemeanor, and <br />court committed prisoners. The City would be responsible for all transportation, <br />housing, medical and supervision costs for such prisoners. <br />X. Termination <br />A. Termination for Material Breach. In the event either party believes the other party has <br />materially breached any obligations under this agreement, such party shall so notify <br />the breaching party in writing, stating the basis upon which breach is claimed and the <br />specific provisions of this agreement claimed to have been violated. The breaching <br />party shall have thirty (30) days from the receipt of such notice to cure the alleged <br />breach and to notify the non-breaching party in writing that cure has been effected. If <br />the breach is not cured within the thirty (30) days, the non-breaching party shall have <br />the right to terminate this agreement by providing ninety (90) days prior written <br />notice to the other party and to Washington State Office of Financial Management, as <br />provided in RCW 70.48.090. The ninety-day notice shall state the grounds for <br />termination and the specific plan for accommodating the affected jail popUlation. <br />B. Termination by Mutual Agreement. This Agreement may be terminated by written <br />Interlocal Agreement for Housing of Inmates <br />Page 6 ofl0 <br />RECErVED <br />KITTITAS COUNT Y SHERIFF <br />ACCOUNTING