4-AK26-30 Attachment C Scope of Work.docx

ATTACHMENT C SCOPE OF WORK

CONTRACTOR shall provide certain limited legal services to inmates under the jurisdiction of the State of Utah Department of Corrections (UDC) who are incarcerated in the Duchesne and Uintah County Jails.

I. PERFORMANCE MEASURES

Quality of service and performance will be measured by response time, legitimate offender grievances claiming inadequate access to legal services, reporting, record-keeping, invoicing in accordance with contract requirements, and by measuring and evaluating evidence provided by the CONTRACTOR and monitor of the CONTRACTOR’S compliance with every term and condition as defined in Attachments A through E

II. DEFINITIONS

The following definitions apply to this contract:

A. Assistance in drafting shall consist of each of the following:

1. Conducting interviews with inmates to ascertain the inmate’s legal needs.

2. Conducting required legal research.

3. Photocopying court cases and related materials for inmate directly relate to initial pleading drafted by CONTRACTOR.

4. Delivering or mailing of those pleadings to the appropriate court clerk; and

5. Keeping sufficiently detailed records to thoroughly document CONTRACTOR’S performance to include:

a. Initial contact report

b. Interviews with inmates

c. Type and amount of service provided.

B. Pleadings shall include petitions for writs of habeas corpus directed at either a federal or state court and complaints in civil suits to be brought in either a federal or state court challenging the legality of incarceration or conditions of confinement at the facility and shall encompass all writs regarding decisions of the Utah Board of Pardons and Parole. The term pleadings shall also encompass all affidavits, motions, or like documents considered necessary to bring legally effective pleadings before an administrative review [re: involuntary treatment and transfer to a mental health facility] by State Hospital or other qualified professionals whom the Department may select.

C. Conditions of Confinement Lawsuits are those that allege in their pleadings that the Utah Department of Corrections, and/or any of its agents, employees, or officers are holding the inmate under circumstances or conditions that violate rights secured under the U.S. Constitution or the Utah Constitution.

D. Non-frivolous Lawsuits are lawsuits that do not lack an arguable basis in either law or fact.

1. Factual Frivolousness occurs when the facts alleged in a lawsuit rise to the level of the irrational or the wholly incredible.

2. Legal Frivolousness occurs when a lawsuit alleges the infringement of a legal interest that does not exist or if the named defendants are clearly entitled to immunity.

III. DETAILED SCOPE OF SERVICES

A. Legal Assistance

1. CONTRACTOR shall provide UDC inmates in Duchesne and Uintah County Jails with the following legal services:

a. Assist inmates in drafting and filing initial pleadings in both federal and state courts in the form of complaints or petitions in non-frivolous lawsuits designed to test either:

i. The legality of their incarceration; or

ii. Conditions of confinement at the facility Such actions may be brought under several different legal theories, which may include lawsuits under the Civil Right Act of 1871, 42 U.S.C. Section 1983, and writs of habeas corpus.

b. Assist inmates in administrative proceedings pursuant to UDC Policy and Procedure IQ01, Involuntary Treatment, and IR01, Involuntary Transfer to State Mental Hospital for Treatment. In these cases, CONTRACTOR will provide inmates with full legal representation (including, but not limited to, assistance in drafting and filing pleadings, attendance at the administrative hearings, presenting evidence, cross-examining witnesses, making objections and making oral argument) at every step of UDC’s involuntary treatment/involuntary transfer proceedings. Cases are heard by a designee of UDC. (Duties of CONTRACTOR in matters other than those described in this Section III.A.1.b. do not extend past the filing of initial pleadings.)

c. Assist inmates in drafting and filing initial pleadings in both federal and state courts in the form of petitions and non-frivolous lawsuits in which a state inmate housed under jail contracting at Uintah and Duchesne alleges that the Utah Board of Pardons has denied him parole in a manner that violates his lawful rights.

2. In the course of providing any of the legal services outlined in Section III.A.1. above, CONTRACTOR shall:

a. Make initial contact with each inmate requesting legal services; contact with inmate via confidential telephone interview to confirm that the legal services requested by the inmate are the type of service covered by this contract.

b. Visit jails and meet with each inmate requesting contractually covered legal services.

c. Keep sufficiently detailed and accurate records to thoroughly document CONTRACTOR performance under the contract.

d. Screen inmate claim for non-frivolous legal contents.

e. Conduct the amount of legal research necessary to support non-frivolous inmate claims.

f. Assist inmates in drafting pleadings setting forth non-frivolous inmate legal claims.

g. Assist inmates in securing case law and other authority (including statutes, court rules, and up-to-date court-prepared legal forms) needed to perform the limited legal services set forth in Section III.A.1.

h. Assist inmates in filing legal documents within the scope of this contract by addressing, franking, and posting inmate pleadings from the CONTRACTOR’S place of business.

B. Inmate Photocopies

1. CONTRACTOR shall provide inmates with a copy of the initial pleadings prepared pursuant to Section III.A.1 and copies of any cases and other authority (including statues, court rules, and up-to-date court-prepared legal forms) obtained pursuant to Paragraph III.A.2.g. The cost for such copies will be at the CONTRACTOR’s expense. (Hourly rates do not apply to copying times.)

2. In the event that an inmate chooses not to utilize CONTRACTOR’s assistance provided for in Section III.A.1, CONTRACTOR shall provide the inmate with copies of any cases and other authority (including statues, court rules, and up-to-date court-prepared legal forms) obtained pursuant to Paragraph III.A.2.g. The cost of such copies will be at the CONTRACTOR’s expense. (Hourly rates do not apply to copying time.)

3. In accordance with UDC policy, CONTRACTOR shall make copies of legal materials in an inmate’s possession at the inmate’s request and expense. CONTRACTOR shall screen inmate requests for photocopies of legal material to determine if such material is, in fact, legal in nature. CONTRACTOR shall not make copies of material that is not legal in nature and shall return requests for such material to the appropriate facility for disposition. (Hourly rates do not apply to copying time.)

C. Inmate-to-Inmate Legal Mail CONTRACTOR shall screen inmate-to-inmate legal mail to determine if such mail is, in fact, legal in nature. Under UDC Policy and Procedure Chapter FD06, “Legal Access”, inmate writ writers may represent themselves but may not represent other inmates. Thus, writs written by inmates, for other inmates, fall into the category of illegal mail. CONTRACTOR shall return inmate-to-inmate mail not legal in nature to the appropriate facility for disposition. CONTRACTOR shall forward inmate-to-inmate mail that is legal in nature to the receiving inmate in a plain envelope stamped “Inmate-to-Inmate Legal Mail” along with a copy of the signed consent form authorizing possession of another inmate’s legal material.

D. Inspection of Legal Pouches CONTRACTOR shall inspect legal-privileged pouches confiscated from inmates and determined to be properly seized by Contract County Jail staff in accordance with policies/procedures on inmate property. For the first referral of an inmate’s legal pouch to CONTRACTOR for inspection, CONTRACTOR shall write a letter to the inmate detailing their findings with regard to the materials inspected, thoroughly explaining the kinds of materials that may be kept in legal pouches and warning the inmate that future violations may result in disciplinary action against him or her. CONTRACTOR shall return the confiscated and inspected legal materials to the Sheriff/designee properly separated and categorized as “legal-privileged”, “legal-public”, and “non-legal”, with a memorandum summarizing CONTRACTOR’s findings.

E. Conflict Counsel UDC contracts with several different attorneys to provide legal services to UDC inmates at the various facilities and county jails where such inmates are housed. In the event that a conflict of interest arises between a UDC inmate housed at a facility or county jail not covered by this contract and the attorney who has contracted with UDC to provide legal services to UDC inmates at that location, CONTRACTOR shall at UDC’s request provide legal services to that inmate in accordance with the terms of this contract.

IV. STANDARD OF PERFORMANCE

In performing under this contract, CONTRACTOR shall comply fully with the Rules of Professional Conduct of the Utah State Bar (effective November 1, 2005, or as changed during the term of this contract) and the rules of federal and Utah courts, as applicable. CONTRACTOR shall render services under this contract commensurate with the services that would be rendered, under the same or similar circumstances, by the reasonably competent and skillful attorney practicing before local, federal, and state courts.

V. CONDUCT OUTSIDE THE SCOPE OF THIS CONTRACT

CONTRACTOR shall not perform any of the following:

1. Assist inmates in advancing legal claims that are frivolous.

2. Provide legal services to inmates that are outside of the scope of this contract absent an express written request from UDC.

3. Assist inmates in actions where another member of the bar has a preexisting legal obligation to provide the required assistance; or

4. Engage in any act or course of conduct that violates rules or which reasonably could jeopardize the safety, security, and control of operations at the facility.

VI. SCHEDULING AND TIME FRAME OF SERVICES

CONTRACTOR shall submit to any and all reasonable scheduling requirements mandated by UDC be they currently in existence or issued after the date this contract comes into effect. At a minimum, the CONTRACTOR will meet, whether in person or via electronic means, with the inmate within ten (10) business days of the date CONTRACTOR, or his/her staff, are notified of inmate’s request for legal services.

CONTRACTOR will contact Duchesne and Uintah County Jail every other week and visit each county as needed to assist with inmate requests or inmate legal mail requests from the county. If inmates have requested service, CONTRACTOR will meet with the inmate(s) within ten (10) business days. Prior to the jail visit, CONTRACTOR will contact the inmate via telephone interview to confirm that the legal services requested by the inmate are the type of services covered by this contract. Follow up information will be sent to the inmate within five (5) business days of the initial interview and inmates will be kept fully apprised of all relevant statues of limitations. If CONTRACTOR is preparing initial pleadings, drafts shall be provided to inmates within 15 days. UDC is aware that in a few cases where extensive research and/or investigations are required, additional time may be needed.

However, CONTRACTORS ACKNOWLEDGES THAT TIMELY ATTENTION TO INMATES REQUESTING LEGAL ASSISTANCE IS OF THE ESSENCE. EVERY REASONABLE EFFORT SHALL BE MADE BY THE CONTRACTOR TO RENDER REQUESTED SERVICES IN A TIMELY MANNER. CONTRACTORS shall document inability to meet identified time frames including the reason(s) for any delay.

VII. SERVICE FORM

If CONTRACTOR uses a form to initiate contact with inmates seeking legal assistance provided for in Section III.A.1., above, CONTRACTOR shall fully explain the contents of the form in a face-to-face meeting with each inmate. If any inmate exhibits a disability that would prevent him or her from effectively communicating his legal needs in written form, or if the inmate does not have sufficient English language skills, the CONTRACTOR shall seek out a suitable translator to help facilitate the interview and fill out the form in consultation with each such inmate. UDC/IPP or Contract County Jail staff should alert CONTRACTOR about any special needs, by including a notation on the legal request log.

VIII. ASSISTANCE BY NON-LAWYERS

Current members of the Utah State Bar shall conduct the initial face-to-face interview of inmates seeking legal assistance under this contract, shall screen inmate-to-inmate legal mail, shall handle all administrative proceedings under Section III.A.1.b. above, and shall conduct any requested reviews of inmate legal pouches. Non-lawyer assistants may help provide additional legal services under this contract, provided they are carefully supervised by current members of the Utah State Bar, and they do not give legal advice or perform any act that would constitute the practice of law without a license, in violation of Utah Code Annotated Section 78A-9-103 or any successor provision.

IX. INMATE REQUESTS FOR LEGAL ASSISTANCE

UDC shall promulgate rules to govern how CONTRACTOR shall be informed of the inmates who have requested legal assistance, photocopies, or mail transfer under this contract. CONTRACTOR shall provide legal assistance for all inmates in the custody of UDC who are incarcerated in the Duchesne and Uintah County Jail Facilities.

X. INMATE COMMUNICATIONS

CONTRACTOR shall keep inmates fully informed as to the status of the legal services they request. CONTRACTOR shall send inmates copies of all documents prepared on their behalf by CONTRACTOR, including (but not necessarily limited to) affidavits, correspondence, motions, orders, and pleadings. A member of the CONTRACTORS’ staff shall be accessible during normal business hours. In those instances where the inmate has a specific question or information about his or her case and no staff member is available, CONTRACTORS’ receptionist will take a message and the inmate will be provided with the information either during the CONTRACTORS’ scheduled interview time at the facility or by mail.

XI. MONITORING AUTHORITY

UDC will designate staff to oversee CONTRACTORS’ performance under this contract. CONTRACTOR shall promptly provide such monitoring authority with all materials reasonably necessary to ascertain the qualitative nature of the legal services rendered by CONTRACTOR. This clause shall not require the release of materials which would violate any attorney-client privilege existing between CONTRACTOR and any inmate. It may be necessary for CONTRACTOR to redact portions of certain materials to protect attorney client privilege.

XII. REPORTING SYSTEM

CONTRACTOR shall prepare the following types of reports and/or documentation of legal services rendered:

A. Initial Interview.

CONTRACTOR shall maintain a detailed record of the initial interview with each individual inmate. This document shall contain, at a minimum:

1. Inmates full name:

2. UDC identification number.

3. Housing assignment.

4. Description of the legal services requested; and

5. Any pertinent comments by the CONTRACTOR.

This record may be submitted to UDC upon request but only if there is no conflict of interest involved or, in the event of a possible conflict, with the express consent of the inmate involved.

B. File Checklist.

Each inmate's file shall contain a checklist which tracks the legal service provided by CONTRACTOR. This checklist shall be kept current. The checklist shall contain the date and the initials of the CONTRACTOR providing each of the following:

1. Date CONTRACTOR learned of inmate's request for legal services.

2. Date CONTRACTOR conducted the initial interview with inmate.

3. Date all necessary legal research was completed.

4. Date copies of legal materials were provided to inmates, in cases where inmates have chosen not to utilize CONTRACTOR’s assistance provided for in Section III.A.1.

5. Date initial draft of pleading was completed.

6. Date drafts of pleading were provided (mailing date or delivery date) to inmate for inspection.

7. Date CONTRACTOR received returned pleading back for revision.

8. Date CONTRACTOR obtained inmate’s signature on final draft of pleading.

9. Date pleadings were mailed to, or filed with, appropriate court clerk.

10. Date file was closed, along with detailed notation of final disposition.

C. Other Reports to UDC

1. CONTRACTOR shall keep time records of conferences and all hourly services provided to the inmates. When completed, upon request, such reports will be submitted to UDC.

2. Upon request from UDC, CONTRACTOR will provide to UDC or the Monitoring Authority, a quarterly report of the number of complaints and petitions filed and/or prepared and the number of inmates seen by CONTRACTOR.

3. Monitoring Authority Report. CONTRACTOR shall provide timely and concise reports to a designated Monitoring Authority. The nature, scope, and due dates of such reports shall be set forth in writing to CONTRACTOR.

XIII. CONFLICT OF INTEREST

CONTRACTOR shall not be required to provide services under this contract to any inmate with whom a bona fide conflict of interest exists. A bona fide conflict of interest does not exist until:

A. Relevant papers from a court of competent jurisdiction have been served, or a formal complaint has been filed with the Utah State Bar; and

B. The court or bar has made a preliminary determination that the action has merit. CONTRACTOR shall notify UDC immediately of any such determination and shall cooperate fully with any alternative legal representative designated by UDC to provide services within the scope of this contract.

XIV. COMPENSATION

A. Compensation will be based on the following accepted all-inclusive bid prices as follows:

Legal service (not to exceed $5,000 per inmate per contract)

Discounted rate for legal services beyond $5,000 per inmate

Services not explicitly covered by the provisions of this contract and performed only at the written request of UDC

B. Compensation limits are as defined. No additional costs or fees are eligible for compensation under this agreement.

XV. COST OF SERVICES

A. CONTRACTOR will be paid for costs authorized by this contract not to exceed the maximum contract amount. The contract costs will be paid once per month for services performed during the preceding month. CONTRACTOR is not guaranteed the maximum amount over the term of this contract.

B. Payment under this contract shall be made on a fee for delivered services, as defined in the contract, not to exceed the contract limit.

C. All procurements are subject to provisions of the State of Utah, including Utah Procurement Code and State Division of Purchasing rules.

XVI. BILLING PROCEDURES

A. CONTRACTOR shall bill UDC by the 10th of each month for services and/or products delivered during the previous month.

B. To be paid for services completed under this contract an invoice detailing services shall be submitted to:

Utah Department of Corrections Attention Inmate Placement Program 14717 S Minuteman Dr, Draper, Utah 84020-9549 Supporting documentation (ATTACHMENT E) MUST be submitted electronically, as an Excel spreadsheet, via email to IPP provided billing staff.

C. Each invoice must reference the contract number and/or purchase order number.

D. Each invoice must include an invoice date, invoice number, invoice amount, contract number, and itemize direct contact hours, research hours, pleading/memo hours, hearing hours, other hours and total number of hours (in tenth of hour/six-minute increments). ATTACHMENT D contains a sample invoice.

E. A copy of a report/log documenting inmate name, UDC offender number, location, date and time seen, brief description of service, number of visit hours, and number of research hours for legal services rendered during the billing month.

XVII. TIME OF PAYMENT

A. UDC will make payments monthly to CONTRACTOR, for accurate invoices containing required documentation for services provided during the previous month, up to the contract limit.

B. Payment must be made with funding allocated for the fiscal year in which the services and/or products were delivered. Prompt billings for June receipt of products and/or services must be received timely due to fiscal year end. Untimely submittal of June invoices may result in payment delays.

C. All payments made by UDC to CONTRACTOR shall be made in accordance with the Utah Prompt Payment Act, Utah Code Annotated, 15-6-1 et. seq., upon receipt of an invoice, unless otherwise provided herein.

XVIII. PLACE OF PAYMENT

All payments by UDC to CONTRACTOR shall be sent to CONTRACTOR’S address as it appears on Page 1, Paragraph 1, entitled CONTRACTING PARTIES. CONTRACTOR shall notify UDC of change of address within seven

(7) working days.

XIX. CONFIDENTIALITY

Many of the records are properly classified as “private,” “controlled”, and/or “protected” under the Utah Governmental Records Access and Management Act (GRAMA), Utah Code Annotated § 63G-2-1-1, et seq. CONTRACTOR is subject to the same restrictions on disclosure of any such records or record series. CONTRACTOR agrees to adhere to the following restrictions regarding such records:

A. CONTRACTOR’s use of the record or record series produces a public benefit that out weights the individual privacy right that protects the record or record series.

B. CONTRACTOR’s access to the record or record series is necessary for the performance of this contract.

C. The record or record series accessed by CONTRACTOR will only be used for the performance of this contract.

D. The Record or record series accessed by CONTRACTOR will not be disclosed to any other person.

E. The record or record series accessed by the CONTRACTOR will not be used for advertising or solicitation purposes.

Failure to adhere to any and all restrictions set forth above may subject CONTRACTOR and/or its staff to criminal liability pursuant to Utah Code Annotated § 63G-2-1-1, et seq.

XX. SECURITY MEASURES

The UDC Contract County Jail associated with this contract, reserves the right to conduct a background check on all persons who enter their property. CONTRACTOR upon signing the resulting contract shall be required to submit a list of all employees servicing the contract to UDC’s Inmate Placement Program (IPP) Division and the County. If any new employee begins working under this contract, their names, birth dates, driver’s license numbers and social security numbers shall be given to UDC as they begin employment. The Contract County retains the discretion to deny participation of any CONTRACTOR staff based upon criminal background information or convictions. No contracted staff shall be permitted to work within the bounds and environs of this contract until the background checks have been finalized and approved. CONTRACTOR agrees that employees entering Contract County property will cooperate with all security measures, including, but not limited to, searches. CONTRACTOR agrees that the use of wireless devices within the Division of Prison Operations is prohibited, and any such use requires approval by clearance from Security Administrators. CONTRACTOR shall be subject to each individual County’s Policies and Procedures for Attorney visits.

XXI. LICENSURE

A. CONTRACTOR agrees to maintain for the duration of the contract period all licenses necessary to lawfully perform the services covered by this contract, including a Business License from the applicable jurisdiction.

B. CONTRACTOR agrees that attorneys are active members of the Utah State Bar in good standing and will remain in good standing throughout the life of the contract.

C. CONTRACTOR’S business and professional licenses will be requested and shall remain on file at the Contract Unit office throughout the entire contract term.

D. CONTRACTOR further agrees to advise UDC immediately in writing of any limitation, cancellation, or other termination of such license.

XXII. INSURANCE

CONTRACTOR shall maintain an occurrence-based insurance policy for its employees and professional staff as covered on Page 4, ATTACHMENT A, UTAH STANDARD TERMS AND CONDTIONS SECTION 18.

Said coverage will continue throughout the term of the contract. A copy of the Certificate of Insurance shall be maintained, by the Contract Coordinator, throughout the life of the contract. CONTRACTOR shall have the insurance carrier send the Certification prior to initiation of the contract, to include Utah

Department of Corrections, 14717 S. Minuteman Dr, Draper, Utah, as the Certificate holder. CONTRACTOR will provide the Certification annually throughout the term of the contract. The CONTRACTOR through the insurance company must agree to notify UDC immediately in writing of any limitation, modification, cancellation, or other termination of such insurance coverage.

XXIII. LEVEL OF EXPERIENCE

At all times throughout the term of the contract, either CONTRACTOR or at least one of the attorneys employed by CONTRACTOR shall have at least five (5) years of experience in the practice of law as a licensed attorney in Utah.

XXIV. MONITORING CONTRACTOR COMPLIANCE

UDC will designate staff to oversee CONTRACTOR performance under this contract. The Contract Monitoring Plan will assist the UDC staff with monitoring the compliance of the contract requirements. (Attachment G) .

XXV. CORRECTIVE ACTION

CONTRACTOR must acknowledge that failure to adequately perform the services as defined will result in corrective action. Issues of CONTRACTOR non-compliance will be addressed in the following manner:

A. Contract Monitor will inform the CONTRACTOR of the problem and seek resolution by a mutually agreed upon date.

B. If the issue is not resolved, the Contract Monitor will notify the CONTRACTOR in writing documenting the failure to resolve by the agreed upon deadline and send a copy to the Contract Unit.

C. If the CONTRACTOR makes insufficient effort to communicate and resolve the issue, the Contract Monitor will communicate failure to resolve to the Contract Unit.

D. As a final step the Contract Unit will issue a letter notifying the CONTRACTOR of the intent to terminate the contract if the problem is not resolved by a specific deadline. Letter will be sent certified U.S. Postal Service mail requiring a signed return receipt.

END OF ATTACHMENT C