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x <br />resolved by such parties within thirty (30) days of refenal, the City Mayor and <br />Chair of the Board of Cor:nty Commissioners may by rnutual written consent <br />apply to the Superior Court Judge for appointnent of an arbitrator whose <br />decision shall be final and binding on both parties. If mutual wrifien consent <br />to apply for the appointnent of an arbitrator is not reached, either party rnay <br />seek court action to decide the disputed contract provision. <br />ir) Any amount wittrheld from a billing that is later determined to be owed to the <br />County pursuant to the billing dispute resolution procedure described above <br />shall be paid by the City within thirty (30) days of the negotiated resolution, <br />arbitrator's decision, or court order. <br />D, Bach party may examine or audit the other party's records related to inmate housing <br />to veriff charges. If an exarnination or audit reveals the County has imposed an <br />improper chargg the amount shall be applied to the next quarter and subsequent <br />quarterts payrnents until the qedit has been exhausted. fuiy unused credit, which <br />exists at the termination of this agreement shall be refunded within thfuty (30) days <br />of the date oftermination, <br />E. Billing Staternents. The County shall provide a billing stafement each quarter in <br />accordance with section D( (A). <br />F. Unpaidbalances over 60 days in arears mayresult in cancellation of access to the Jail <br />fur booking of non-felony prisoners. <br />G. Upon termination of this agroemen! the City is responsible for making its own <br />arrangements forthebooking of all Citymisdemeanors, grossmisdemeanor, and oourt <br />committed prisoners into another jail facility and responsible for all fiansportafion, <br />housing, medical and supervision costs for suchprisoners. <br />Terminstion <br />A. Termination for Material Breach. In the event either party believes the other party has <br />materially breached any obligations undor this agreement, such party shall so notiff <br />the breaching parly 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 receip of such notice to cure the alleged <br />breach and to noti$rthe non-breaching pmty inuniting that cure has been afflected. If <br />the breach is not cured within the thirfy (30) days, the non-brsaohing party shall have <br />the right to terminate this agreement by providing ninety (90) days prior written notice <br />to the other party and to Washington State Office of Finanoial Management, as <br />provided in RCW 70.48.090. The ninety-day notice shall state the grounds for <br />termination and the speoific plan for accommodating the affected jail population, <br />B. Termination by Mutual Agreement. This Agreenent may be tetminated by written <br />notice from either party to the other party and to Washington State Office of Financial <br />Management, asprovided in RCW 70.48.090, stating the grounds for said termination <br />Interlocal Agreement for Housing of Inmates <br />Page 6 of 10