8-Attachment D - Scope of Work.docx

ATTACHMENT D

SCOPE OF WORK

I. GOALS AND OBJECTIVES

It is the goal of Adult Probation and Parole to maintain accurate, up to date information on the factors influencing each supervised offender’s likelihood to recidivate. This improves the ability of UDC staff to manage offenders and ultimately supports the mission of UDC:

UDC Mission “Our dedicated team of professionals ensures public safety by effectively managing offenders while maintaining close collaboration with partner agencies and the community. Our team is devoted to providing maximum opportunities for offenders to make lasting changes through accountability, treatment, education and positive reinforcement within a safe environment.”

II. PERFORMANCE MEASURES

CONTRACTOR will perform in accordance with the following specifications. Quality of service and performance will be measured by response time, record keeping, and invoicing in accordance with contract requirements, and by measuring and evaluating evidence provided by the CONTRACTOR and monitoring of the CONTRACTOR’S compliance with every term and condition as defined in Attachments A through E.

III. DETAILED SCOPE OF PERFORMANCE

This contract provides UDC with the ability to utilize three assessment tests commonly known as the LSI family of instruments: the Level of Service/Case Management Inventory (LS/CMI); the Level of Service/Risk, Need, Responsivity (LS/RNR); and the Level of Service-Revised: Screening Version (LS-R:SV). These instruments and reports are utilized by Adult Probation and Parole (AP&P) and UDC Correctional Officers for the screening and assessment of offenders out on parole.

1. For purposes of this contract "LS/CMI, LS/RNR and LSI-R:SV" refers to all components of the assessment tests owned and published by CONTRACTOR as the Level of Service Inventory family of instruments, in any form or medium, including without limitation, test items, QuickScore forms, normative data, scoring algorithms, scoring patterns and directions, score conversion tables, rating criteria, printed profile and interpretative reports, training manuals and numerical and graphic data relating to administration, scoring and interpretation, and includes all formats, versions, revisions, translations, standardizations and adaptations of the foregoing. Any software, documentation and manuals created by UDC pursuant to this contract shall be included in the above definition.

2. UDC acknowledges and agrees that all rights, title, and interest in and to the LS/CMI, LS/RNR. and LSI-R:SV shall remain vested in the CONTRACTOR. CONTRACTOR shall be the first owner of the copyright in software and scoring algorithms created by DTS/UDC for the purposes of this contract. Canadian intellectual property rights, international treaty provisions and other applicable national laws protect these rights. During or after the term of this contract, UDC shall not, in any manner, infringe such rights or contest or dispute the validity, enforceability or ownership thereof. The rights granted in this contract shall not constitute a sale of all or part of the LS/CMI, LS/RNR, and/or the LS-R:SV.

A. LICENSES

CONTRACTOR hereby grants UDC a non-transferable, non-exclusive license to:

1. Install the Software Development Kit (hereafter, "SDK") Informix version containing the LS/CMI, LS/RNR and LSI R:SV scoring algorithm;

2. Install the LS/CMI, LS/RNR and LSI-R:SV QuickScore on the UDC Offender Tracking system ("F-Track/O-Track", hereafter, "UDC Database");

3. Administer the LS/CMI, LS/RNR and LSI-R:SV to offenders under the jurisdiction of the State of Utah through the UDC Database; and

4. Enter the resulting assessment scores into the UDC Database.

B. UPDATES

CONTRACTOR shall provide UDC with any updates, releases or revisions to the LS/CMI, LS/RNR and LSI-RSV QuickScore as are generally released by CONTRACTOR. UDC shall have the right to utilize such updates, new releases or revisions pursuant to the licenses granted in this contract.

C. COPYRIGHT NOTICES

Any pages or screen display that contains reproductions of the LS/CMI, LS/RNR and LSI-R:SV QuickScore shall bear the appropriate copyright notice. This copyright notice is to appear as follows:

Level of Service/Risk, Need, Responsivity Copyright ©2008, Multi-Health Systems Inc. in the USA: PO Box 350, North Tonawanda, NY 14120-0950. in Canada, 3770 Victoria Park Avenue, Toronto, Ontario M2H 3M6. All rights reserved. Reproduced by permission.

D. REPRESENTATIONS, WARRANTIES AND INDEMITIES

DTS/UDC represents and warrants that:

1. The UDC Database is solely owned and directly administered and controlled by UDC;

2. All uses of the LS/CMI, LS/RNR and LSI-R:SV pursuant to the licenses granted in this contract shall be by authorized staff and contract employees of UDC only;

3. UDC shall restrict access to and use of the LS/CMI, LS/RNR and LSI-R:SV assessments hosted on the UDC Database to maintain the confidentiality of the LS/CMI, LS/RNR and LSI-R SV assessments, preventing access to the general public;

4. UDC shall not transfer or export by any means whatsoever, either all or part of the LS/CMI, LS/RNR and LSI-R:SV from the UDC Database; and

5. UDC shall not use all or part of the LS/CMI, LS/RNR and LSI-R:SV in any manner except as permitted under this contract, and without limiting the generality of the foregoing, shall not use all or part of the LS/CMI, LS/RNR and LSI-R:SV as a basis for the development of any other psychometric instrument CONTRACTOR represents and warrants that:

1. It has all the rights necessary to grant the permission granted to UDC hereunder;

2. Neither party is liable for lost profits, lost savings, or other economic consequential damages;

3. Each party is liable for third party claims resulting from its own provision, use or misuse of the goods or services to the extent resulting from its own intentional or negligent acts or omissions; and,

4. Except as provided in the Contract, CONTACTOR makes no express or implied representations, warranties or conditions of any kind in respect to the test.

E. CONFIDENTIAL INFORMATION

1. Except as provided in the Contract or to the extent permitted by applicable federal and state laws, UDC agrees not to disclose any confidential information contained in the LS/CMI, LS/RNR and LSI-R:SV to any third party, except to those of its employees or agents who have a need to know such information, and then only to the extent necessary to exercise its rights under this contract. UDC shall maintain confidentiality of the confidential information in its possession by exercising the same security measures it normally exercises with respect to its own confidential information. To this end, UDC agrees to take appropriate action by way of instruction or agreement with its employees, consultants or other agents to require that such employees, consultants or other agents understand and are bound by UDC obligation of confidentiality and non-disclosure with respect to confidential information.

2. CONTRACTOR may request offender demographic information or other reasonably required information concerning UDC use of the IS/CMI, LS/CMI, LS/RNR and LSI/-R:SV only for research purposes (subject to UDC approval; see Attachment B) or to permit CONTRACTOR to deliver services to UDC. All request for said Information shall be written and submitted to the Office of Research and Planning, Utah Department of Corrections for approval. CONTRACTOR will only make the request when the research purpose or delivery of services cannot reasonably be accomplished without use of the information, CONTRACTOR shall not reveal or disclose any individual information contained in any data extracted by UDC. CONTRACTOR shall use no information, computer programs, or documentation provided by UDC for any purpose, other than for the work specified in the written request, without express written permission by UDC. CONTRACTOR agrees to take reasonable security measures, including the requirements in Attachment A, and shall safeguard the confidentiality of any information received from UDC in writing. CONTRACTOR shall instruct its employees who may have access to UDC's confidential information of the confidentiality provisions of this contract. CONTRACTOR will remove or destroy the individual identifiers associated with the records as soon as the purpose of the research project or delivery of services to DTS/UDC has been accomplished.

IV. CONFIDENTIALITY

Many of the records to which CONTRACTOR may have access 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 as UDC. 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 outweighs 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; and, E. The record or record series accessed by the CONTRACTOR will not be used for advertising or solicitation purposes.

Failure to adhere to all restrictions set forth above may subject CONTRACTOR and/or its staff to criminal liability pursuant to Utah Code Annotated § 63G-2-801.

V. COMPENSATION

A. Compensation will be based on accepted all-inclusive bid prices:

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

C. Contract funding is based on average usage. The contract may increase funding based on demand and if usage is higher than anticipated. Any additional funds must be approved by State Purchasing and will be added to the contract by way of an amendment.

VI. COST OF SERVICES

A. Payment under this contract shall be made on a fee for delivered services and/or products, as defined in the contract, not to exceed the contract limit.

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

VII. BILLING PROCEDURES

A. The 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 Finance 14717 S Minuteman Dr.

Draper, Utah 84020-9549 Invoices may also be submitted electronically via email to: UDCaccountspayable@utah.gov.

Send a copy of the invoice to the contract monitor by email.

C. Invoicing should begin only after the CONTRACTOR begins providing service and should continue throughout the contract term as long as actual services are being rendered.

D. Each invoice must include an invoice date, invoice number, date of service, service ticket or invoice detailing what was completed during the monthly maintenance visit, or product/service provided, itemized cost, and total cost.

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

VIII. TIME OF PAYMENT

A. UDC will make payments monthly to CONTRACTOR, for accurate invoices containing required documentation for services provided or products delivered 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.

IX. 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. The CONTRACTOR shall notify UDC of the change of address within seven (7) working days.

X. SECURITY MEASURES

UDC reserves the right to conduct a background check on all persons who enter UDC properties. CONTRACT staff providing services under this contract will be required to obtain Contractor Identification. Upon signing this contract, and annually throughout the contract term, the CONTRACTOR shall submit the names of all employees providing on-site services under this contract. This list will contain names, dates of birth, driver’s license numbers, and social security numbers. If any new staff begins providing services under this contract, the CONTRACTOR shall submit their name, birth date, driver’s license number, and social security number to the UDC for screening. UDC 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 UDC 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.

XI. 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’S business and license will be requested annually and shall remain on file in the Contract Coordinator’s office throughout the entire contract term.

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

XII. 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 E).

XIII. 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.

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