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3. Duration. This Agreement shall be valid for one year. This Agreement will be <br />automatically renewed unless either party gives 90 days advanced notice of its indication not to <br />renew. <br />4. Tetmination , Either party may terminate this Agreement by giving ninety (90) days' notice <br />in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt <br />requested, to the Kittitas County Prosecuting Attorney (for the County) or the Ellensburg City <br />Attorney (for the City). <br />5. Tem1ination for D efa ult. If either party fails to perform any of the obligations of this <br />Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or <br />insolvency or makes an assignment for the benefit of creditors, the other party may, by depositing <br />written notice to the defaulting party in the U.S. mail, postage prepaid, tenninate this Agreement. <br />6. Agreement Management. The Agreement administrator for each of the parties shall be <br />responsible for and shall be the contact person for all communication and billings regarding the <br />performance of this Agreement. <br />The Agreement administrator for the County is: <br />Prosecutor Greg Zempel <br />205 West 5th A venue <br />Ellensburg, WA 98926 <br />The Agreement administrator for the City is: <br />Terry Weiner, City Attorney <br />City of Ellensburg <br />501 N. Anderson Street <br />Ellensburg, WA 98926 <br />7. Payment. The County shall collect a fee directly from the offender to be supervised within <br />the program. The portion of the fee described in (2)(b ), above will be sent by the County to the <br />City. No payment will be made to the County by the City. <br />8. Billing Procedure. Per Section 2(b) above, the County shall remit the City's portion of the <br />program fee to the City on a quarterly basis. Payment shall be submitted to the City of Ellensburg, <br />Attention: Finance Department, 501 N. Anderson Street, Ellensburg WA 98926. <br />9. Force Majeure. Neither party will be liable to the other for any failure or delay in <br />performance under this Agreement due to circumstances beyond its reasonable control, including <br />acts of nature, acts of war, accident, labor disruption, acts, omissions or defaults of third parties, <br />and official, governmental, or judicial action not the fault of the party failing or delaying in <br />performance. <br />Interlocal Agreement for Misdemeanor Diversion Services -Page 2 of 5