Agreement Between Kittitas County and Heritage Law Office

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14. Investigators. The Kittitas County Department of Public Defense will set aside sufficient funds out of its budget to fund defense investigators. Public Defenders may file ex parte motions for such investigator funds. 15. Experts. The Kittitas County Department of Public Defense will set aside sufficient funds for expert defense witnesses. Public Defenders may file ex parte motions for such expert witness funds. 16. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary amount of time and preparation, the following additional payment may be applied for: $75 per hour for each hour over ten (10) hours. 17. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the contracting attomey. If the Contracting Attorney or any employed or associated attorney is precluded from representing a client because of a conflict which cannot be resolved by transfer of the case between the Contracting Attorney and employed or associated counsel, the afforney shall promptly notifu the Kittitas County Department of Public Defense by notice of withdrawal and substitution of another attorney qualified under the terms of Paragraph 3. Conflict counsel shall be paid at the same per case compensation rate as the Contracting Attorney. 18. Termination. a. For Cause: Either party may terminate this Agreement immediately in the event the other party fails to perform its obligations as described in this Agreement and such failure has not been corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Compensation for cases assigned prior to the effective day of termination shall be as provided under this Agreement. The parties shall take reasonable steps to mitigate their damages to the extent required by Washington State law and either party may seek any remedy for breach they may be entitled to. b.the Parties'Either party may terminate this Agreement immediately without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's control, including but not limited to acts of nature, war, riot, personal disability or superior governmental regulation or control. c. Without Cause: Either party may terminate this Agreement without cause upon 90 days written notice, which date of termination shall correspond to the last day of a calendar month. The contracting attomey shall be responsible for completion of cases assigned prior to the effective date of termination. 19. Amendments. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by the authorized representative of the parties hereto. Page 5 of7