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Police and Prosecuting Attorney for The City of Mill Creek or their designees <br />shall attempt to resolve the dispute by negotiation. Negotiation meetings may <br />be conducted once per quarter, meeting in the months of January, April, July, <br />and October if requested. If negotiations are unsuccessful, the dispute shall <br />be referred to the Chairs of the Kittitas and The City of Mill Creek legislative <br />bodies for settlement. If not resolved by them within thirty (30) days of <br />referral, the Chairs of the respective Boards of County Commissioners may, <br />by mutual written consent, apply to the Kittitas County Superior Court for <br />appointment of an arbitrator whose decision shall be final and binding on both <br />parties. Each party shall pay their own costs, expenses and fees for arbitration <br />or litigation. If mutual written consent to apply for the appointment of an <br />arbitrator is not reached, either party may seek court action to decide the <br />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 The City of Mill Creek <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 The City of Mill Creek Prisoners. <br />H. Upon cancellation or expiration of this agreement, all City of Mill Creek Prisoners shall <br />be taken into The City of Mill Creek 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 affected. 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 the City of Mill Creek <br />and Kittitas County <br />Page 7 of 13 <br />