2005/01/26 Council Agenda Packet

J (d) Any undisputed billing amount not paid by the CITY within forty-five (45) days of receipt of the billing, and any amounts found to be owing to the COUNTY as a result of the billing dispute resolution procedure that are not paid within thirty (30) days of resolution, shall be conclusively established as a lawful debt owed to the COUNTY by the CITY, shall be binding on the parties and shall not be subject to legal question either directly or collaterally. This provision shall not limit a CITY's ability to challenge or dispute any billings that have been paid by the CITY. (e) If the CITY fails to pay a billing within forty-five (45) days of receipt, the COUNTY will notify the CITY of its failure to pay and the CITY shall have ten (10) days to cure non-payment. In the event the CITY fails to cure its nonpayment, the CITY shall be deemed to have waived its right to house CITY Inmates in the Jail and, at the COUNTY's request, will remove CITY Inmates already housed in the Jail within thirty (30) days. Thereafter, the COUNTY, at its sole discretion, may accept no further CITY Inmates until all outstanding bills are paid. (f) The COUNTY may charge an interest rate equal to the interest rate on the monthly COUNTY investment earnings on any undisputed billing amount not paid by the CITY within forty-five (45) days of receipt of the billing, and any amounts found to be owing to the COUNTY as a result of the billing dispute resolution procedure. (g) Each party many examine the other's books and records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. (h) If the CITY has elected Service Level I in Section 3 (a) of this Agreement, and deliberately houses one or more persons who would otherwise have been CITY inmates under this Agreement in a jail or other secure detention facility not permitted under Section 3 (a) 1 or 2, then the following penalties may be imposed at the COUNTY's discretion: 1) The CITY shall pay the COUNTY an amount equal to the booking and daily maintenance fees that would have been generated for such persons had they been booked and housed in the Jail. 2) The CITY shall be considered to have provided notice to terminate this Agreement under the terms of Section 5 (a). 3) The CITY shall remain obligated to book and house all its inmates in the Jail until the effective date of termination of this Agreement. However, for the purpose of determining the order of inmate removal in Section 6, the CITY shall be considered a Service Level III City and shall be considered to have the most recent Agreement signature date. Interlocal Agreement for Jail Services Page 9 of 20 2005-2009 66