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October if requested. If negotiations are unsuccessful, the dispute shall be referred to <br />the City Mayor and the Chair of the Board of County Commissioners for settlement. <br />If not resolved by them within thirty (30) days of referral, the City Mayor and Chair <br />of the Board of County Commissioners may by mutual written consent apply to the <br />Superior Court Judge for appointment of an arbitrator whose decision shall be final <br />and binding on both parties. If mutual written consent to apply for the appointment of <br />an arbitrator is not reached, either party may seek court action to decide the disputed <br />contract provision. <br />ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec IX (B) <br />determined owed to the County pursuant to the billing dispute resolution procedure <br />described above shall be paid by the City within thirty (30) days of the negotiated <br />resolution, arbitrator's decision or court finding. <br />D. Each party may examine the other's books and records to verify charges. If an examination <br />reveals an improper charge, the amount shall be applied to the next quarter and subsequent <br />quarter's payments until the credit has been exhausted. Any unused credit, which exists at the <br />termination of this agreement, shall be refunded within thirty (30) days of the date of <br />termination. <br />E. Billing Statements. The County shall provide a billing statement each quarter in accordance <br />with section IX (A). <br />F. Unpaid balances over 60 days in arrears may result in cancellation of access to the Kittitas <br />County Jail for booking of non -felony prisoners. <br />G. Upon cancellation of this Agreement, the City would be responsible for making its own <br />arrangements for the booking of all City misdemeanors, gross misdemeanor, and court <br />committed prisoners. The City would be responsible for all transportation, housing, medical <br />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 the <br />breaching party in writing, stating the basis upon which breach is claimed and the specific <br />provisions of this Agreement claimed to have been violated. The breaching party shall have <br />thirty (30) days from the receipt of such notice to cure the alleged breach and to notify the <br />non -breaching party in writing that cure has been affected. If the breach is not cured within <br />the thirty (30) days, the non -breaching party shall have the right to terminate this Agreement <br />by providing ninety (90) days prior written notice to the other party and to Washington State <br />Office of Financial Management, as provided in RCW 70.48.090. The ninety -day notice shall <br />state the grounds for termination and the specific plan for accommodating the affected jail <br />population. <br />Interlocal Agreement for Housing of Inmates <br />Page 6 of 10 <br />