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Page 5 of 6 <br /> <br />16. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary <br />amount of time and preparation, the following additional payment may be applied for: $75 per <br />hour for each hour over ten (10) hours. <br /> <br />17. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the <br />contracting attorney. If the Contracting Attorney or any employed or associated attorney is <br />precluded from representing a client because of a conflict which cannot be resolved by transfer <br />of the case between the Contracting Attorney and employed or associated counsel, the attorney <br />shall promptly notify the Kittitas County Department of Public Defense by notice of withdrawal <br />and substitution of another attorney qualified under the terms of Paragraph 3. Conflict counsel <br />shall be paid at the same per case compensation rate as the Contracting Attorney. <br /> <br />18. Termination. <br />a. For Cause: Either party may terminate this Agreement immediately in the event the other party <br />fails to perform its obligations as described in this Agreement and such failure has not been <br />corrected to the reasonable satisfaction of the injured party in a timely manner after notice of <br />breach has been provided to the other party. Compensation for cases assigned prior to the <br />effective day of termination shall be as provided under this Agreement. <br />b. For Reasons Beyond the Parties’ Control: Either party may terminate this Agreement <br />immediately without recourse by the other where performance is rendered impossible or <br />impracticable for reasons beyond such party’s control, including but not limited to acts of nature, <br />war, riot, personal disability or superior governmental regulation or control. <br />c. Without Cause: Either party may terminate this Agreement without cause upon 90 days written <br />notice, which date of termination shall correspond to the last day of a calendar month. The <br />contracting attorney shall be responsible for completion of cases assigned prior to the effective <br />date of termination. <br /> <br />19. Amendments. No modification or amendment of the provisions of this Agreement shall be <br />effective unless in writing and signed by the authorized representative of the parties hereto. <br /> <br />20. Nondiscrimination. Contracting Attorney shall not discriminate or tolerate harassment on the <br />basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the <br />presence of any sensory, mental, or physical disability in the administration or delivery of public <br />defense services. Counsel shall comply with all federal, state, and local non-discrimination <br />requirements. <br />21. Physical Office/Communications and Support Staff. The Contracting Attorney will maintain <br />a physical office or have access to an office that accommodates confidential meeting with <br />clients; maintain a postal address and adequate telephone service to ensure prompt response to <br />client contact, and will provide sufficient support staff to provide for effective assistance of <br />counsel.