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i) The Sheriffs and Prosecuting Attorneys of Kittitas and Whatcom Counties or <br />their designees shall attempt to resolve the dispute by negotiation. Negotiation <br />meetings may be conducted once per quarter, meeting in the months of <br />January, April, July, and October if requested. If negotiations are <br />unsuccessful, the dispute shall be referred to the Chairs of the Kittitas and <br />Whatcom County legislative bodies for settlement. If not resolved by them <br />within thirty (30) days of referral, the Whatcom County Executive and Chair <br />of the Board of County Commissioners may, by mutual written consent, apply <br />to the Kittitas County Superior Court for appointment of an arbitrator whose <br />decision shall be final and binding on both parties. Each party shall pay their <br />own costs, expenses and fees for arbitration or litigation. If mutual written <br />consent to apply for the appointment of an arbitrator is not reached, either <br />party may seek 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 Kittitas County pursuant to the billing dispute <br />resolution procedure described above shall be paid by Whatcom County <br />within thirty (30) days of the negotiated resolution, arbitrator's decision or <br />court finding. <br />E. 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 quarter <br />and subsequent quarter's payments until the credit has been exhausted. Any unused <br />credit, which exists at the termination of this agreement, shall be refunded within thirty <br />(30) days of the date of termination. <br />F. Billing Statements. The County shall provide a billing statement each quarter in <br />accordance with section IX (A). <br />G. Unpaid balances over 60 days in arrears may result in cancellation of access to KCJ for <br />booking of Whatcom prisoners. <br />H. Upon cancellation or expiration of this agreement, all Whatcom Prisoners shall be taken <br />into Whatcom County's custody on or before the effective date. <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 the <br />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 />Interlocal Agreement for the Housing of Inmates Whatcom County and <br />Kittitas County <br />Page 7 of 13 <br />