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Walla County will notify KCJ as soon as it possible of the situation. <br />D. Withholding of any amount billed shall constitute a dispute to be resolved as follows: <br />i) The Sheriff and Prosecuting Attorney of Kittitas County and the Jail <br />Commander and Prosecuting Attorney for Walla Walla County or their <br />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 />Walla Walla County legislative bodies for settlement. If not resolved by <br />them within thirty (30) days of referral, the Chairs of the respective Boards of <br />County Commissioners may, by mutual written consent, apply to the Kittitas <br />County Superior Court for appointment of an arbitrator whose decision shall <br />be final and binding on both parties. Each party shall pay their own costs, <br />expenses and fees for arbitration or litigation. If mutual written consent to <br />apply for the appointment of an arbitrator is not reached, either party may <br />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 Walla Walla 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 Walla Walla Prisoners. <br />H. Upon cancellation or expiration of this agreement, all Walla Walla Prisoners shall be <br />taken into Walla Walla Comity'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 />Interlocal Agreement for the Housing of Inmates Walla Walla County and <br />Kittitas County <br />Page 7 of 13 <br />