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11 • <br /> B. Payments from the CITY shall clearly indicate that the payment is for Jail <br /> _ services and the period covered by the payment. <br /> C. If the CITY disputes amounts billed, it has thirty (30) days following receipt of <br /> billing to notify the COUNTY of any alleged discrepancies calculating the amount the <br /> CITY owes the COUNTY. The CITY will provide the COUNTY with documentation <br /> for all alleged discrepancies. The COUNTY will respond to any alleged discrepancies <br /> within fifteen (15) working days of receipt of documentation. Credits for resolved <br /> discrepancies will be reflected on next billing cycle. The COUNTY will notify the CITY <br /> of all unresolved discrepancies. <br /> D. Withholding of any amount billed or alleging that any party is in violation of any <br /> provision of this Agreement shall constitute a dispute,which shall be resolved as follows: <br /> 1. The Bureau Chief and CITY Police Chief or their designees shall attempt <br /> to resolve the dispute by negotiation. If such negotiation is unsuccessful, the <br /> dispute shall be appealed to the City Manager/Mayor of the CITY and the <br /> COUNTY Executive for settlement. If not resolved within thirty (30) days of <br /> referral, the City Manager/Mayor of the CITY and the COUNTY Executive shall <br /> apply to the Presiding Judge of the Snohomish County Superior Court for <br /> appointment of an arbitrator whose decision shall be final and binding on both <br /> parties. <br /> 2. Any amount withheld from a billing,which is determined to be owed to <br /> the COUNTY pursuant to the dispute resolution procedure described herein, shall <br /> be paid by the CITY within thirty(30) days of the date of the negotiated <br /> resolution or arbitration determination. <br /> 3. Any undisputed billing amount not paid by the CITY within forty-five <br /> (45) days of receipt of the billing, and any amounts found to be owing to the <br /> COUNTY as a result of the billing dispute resolution procedure that are not paid <br /> within thirty(30) days of resolution, shall be conclusively established as a lawful <br /> debt owed to the COUNTY by the CITY, shall be binding on the parties and shall <br /> not be subject to legal question either directly or collaterally. This provision shall <br /> not limit a CITY's ability to challenge or dispute any billings that have been paid <br /> by the CITY. <br /> 4. If the CITY fails to pay a billing within forty-five (45) days of receipt, the <br /> COUNTY will notify the CITY of its failure to pay and the CITY shall have ten <br /> (10) days to cure non-payment. In the event the CITY fails to cure its non- <br /> payment, the CITY shall be deemed to have waived its right to house CITY <br /> Inmates in the Jail and, at the COUNTY's request, will remove all CITY Inmates <br /> already housed in the Jail within thirty(30) days. Thereafter, the COUNTY, at its <br /> City of Everett Interlocal Agreement for Jail Services Page 7 of 17 <br /> 2012-2017 <br /> 102 <br />