Res-2019-174 Interlocal - Laserfiche WebLink

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D. Withholding of any amount billed shall constitute a dispute to be resolved as follows: i) The Sheriffs and Prosecuting Attorneys of Kittitas and Whatcom Counties or their designees shall attempt to resolve the dispute by negotiation. Negotiation meetings may be conducted once per quarter, meeting in the months of January, April, July, and October if requested. If negotiations are unsuccessful, the dispute shall be referred to the Chairs of the Kittitas and Whatcom County legislative bodies for settlement. If not resolved by them within thirty (30) days of referral, the Whatcom County Executive and Chair of the Board of County Commissioners may, by mutual written consent, apply to the Kittitas County Superior Court for appointment of an arbitrator whose decision shall be final and binding on both parties. Each party shall pay their own costs, expenses and fees for arbitration or litigation. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decide the disputed contract provision. ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec IX (B) determined owed to Kittitas County pursuant to the billing dispute resolution procedure described above shall be paid by Whatcom County within thirty (30) days of the negotiated resolution, arbitrator's decision or court finding. E. Each party may examine the other's books and records to verify charges. If an examination reveals an improper charge, the amount shall be applied to the next quarter and subsequent quarter's payments until the credit has been exhausted. Any unused credit, which exists at the termination of this agreement, shall be refunded within thirty (30) days of the date of termination. F. Billing Statements. The County shall provide a billing statement each quarter in accordance with section IX (A). G. Unpaid balances over 60 days in arrears may result in cancellation of access to the Corrections Center for booking of Whatcom prisoners. H. Upon cancellation or expiration of this agreement, all Whatcom Prisoners shall be taken into Whatcom County's custody on or before the effective date. X. Termination A. Termination for Material Breach. In the event either party believes the other party has materially breached any obligations under this agreement, such party shall so notify the breaching party in writing, stating the basis upon which breach is claimed and the specific provisions of this agreement claimed to have been violated. The breaching party shall have thirty (30) days from the receipt of such notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If Interlocal Agreement for the Housing oflnmates Whatcom County and Kittitas County Page 7 of13