AGREEMENT FOR CIVIL LEGAL SERVICES. THIS AGREEMENT, made and entered into this day of, 2016, by

Transcription

1 AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT, made and entered into this day of, 2016, by and between the COUNTY OF ELKO, a political subdivision of the State of Nevada, hereinafter referred to as the "COUNTY", ROBERT J. WINES, Prof. Corp., hereinafter referred to as the "PROVIDER", with principal offices located at: 687 6th Street, Elko, Nevada, 89801, and THE FOURTH JUDICIAL DISTRICT COURT, hereinafter referred to as the "COURT". WITNESSETH : WHEREAS, the COUNTY has agreed to provide certain civil legal assistance to inmates and pretrial detainees incarcerated at the Elko County Jail Facility; and WHEREAS, such legal assistance consists of the provision of minimum necessary representation in civil matters under the terms and conditions hereinafter set forth; and WHEREAS, PROVIDER has read and is willing to provide legal assistance under the terms and conditions hereinafter set forth ; and WHEREAS, PROVIDER certifies that it is a professional corporation incorporated under the laws of the State of Nevada, and consists of attorneys licensed to practice law in this State; and WHEREAS, the COURT has agreed to provide assistance in carrying out the objective of this agreement, that is to provide minimum necessary legal representation in civil matters under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the COUNTY, the COURT, and the PROVIDER hereby agree as follows: -1- D ORIGINAL

2 I. PURPOSE AND EXTENT OF LEGAL SERVICES TO BE PROVIDED A. The purpose of this Agreement is to provide indigent pretrial detainees and inmates in the Elko County Jail facility with legal advice, research, representation, consultation and assistance during their incarceration with respect to all civil matters requ iring immediate attention including, but not limited to, civil rights actions, dissolution of marriage, child custody and support cases, motions for continuance in pending civil actions, guardianships and tort liability actions which are not otherwise handled by Legal Aid or the Public Defender. All habeas corpus matters and all criminal matters are specifically excluded from the legal services required to be performed pursuant to this Agreement. PROVIDER shall have the option to arrange alternate legal counsel in matters which are normally handled on a contingency fee basis; if alternate arrangements cannot be made, it shall remain the responsibility of the PROVIDER to assure that indigent pretrial detainees and inmates receive legal assistance as contemplated herein or to assist with proper person actions. B. Before providing the legal assistance called for in this Agreement, PROVIDER shall initially determine whether such legal assistance is necessary while the pretrial detainee or inmate is incarcerated in the Elko County Jail facility or whether such legal assistance can be rendered at a later date by other legal counsel after the pretrial detainee's or inmate's release or discharge from the Elko County Jail or transfer to another facility including Lake's Crossing. In that regard, PROVIDER shall determine, among other things, the applicable statute or statutes of limitations relating to claims and defenses, and whether the statute or statutes of limitations are tolled, will continue to run, or will have run during the pretrial detainee's or inmate's incarceration in the Elko County Jail facility, in order to determine whether immediate legal assistance is necessary; the intent of this Agreement being that only such legal assistance as is immediately necessary will be provided at any time. -2-

3 II. METHOD OF PROVIDING LEGAL ASSISTANCE A. PROVIDER shall provide legal assistance to pretrial detainees and inmates in the Elko County Jail facility concerning civil matters, civil rights complaints, and all other legal matters described in this Agreement; to the end that pretrial detainees and inmates shall have a meaningful opportunity to protect any and all of their civil rights which might otherwise be jeopardized during their confinement in the Elko County Jail facility. B. PROVIDER shall prepare and file initial pleadings in those civil rights actions that PROVIDER believes in good faith are meritorious and founded in law and which must be filed during the pretrial detainee's or inmate's incarceration. PROVIDER shall provide representation in those matters which require legal assistance subsequent to the filing of initial pleadings when such subsequent assistance is procedurally necessary during the pretrial detainee's or inmate's incarceration in the Elko County Jail facility. All such representation shall be signed by the inmate pro-per, and there shall be no continuing obligation for representation after the inmate shall be released from jail, whether discharged or transferred to another facility. C. Provide continuing consultation in civil rights lawsuits during the time that the pretrial detainee or inmate remains incarcerated in the Jail. PROVIDER shall assist such inmates by performing limited research on their behalf and making any reasonably necessary photocopies of case law or other materials pertaining to the services described herein. PROVIDER shall also draft such documents as shall be required to maintain the status quo in ongoing litigation during the pretrial detainee's or inmate's incarceration in the Elko County Jail facility. D. PROVIDER shall provide legal assistance to and consult with pretrial detainees and inmates in the Elko County Jail facility under the following conditions: -3-

4 1. An inmate or pretrial detainee shall file a written request for legal assistance with the COURT. The request shall state under oath: (a) That the requestor is indigent; (b) That he has been or will seek appointed counsel at public expense to represent him on the charges which resulted in his confinement; (c) The name of his appointed counsel so that PROVIDER may consult with him if necessary in carrying out his responsibilities under this Agreement; (d) The estimated time during which he will be confined in the Jail; (e) If the inmate or pretrial detainee has been named as a defendant in a civil proceeding, the case number and court in which the proceeding has been filed and, if possible, a copy of legal process which has been served upon him shall be attached to the request; and (f) If the inmate or pretrial detainee desires to proceed as plaintiff in any judicial proceeding, the nature of the action which he seeks to commence and the date or dates on which the acts or omissions of any and all potential defendants occurred giving rise to causes of action against them. (g) If the request relates to medical issues, a consent so the provider may confer with MD. 2. Upon receipt of a written request for assistance, the COURT shall notify PROVIDER of the fact and, not later than three days thereafter, PROVIDER shall review the request -4-

5 to determine what legal assistance, if any, is necessary while the requestor is incarcerated in the Elko County's Jail facility. 3. If the PROVIDER determines that immediate legal assistance is not required, he shall notify the requestor of that fact and the reason or reasons for his conclusion. Such notification shall be provided in writing to the requestor. 4. If the PROVIDER determines that immediate legal assistance is required, he shall provide it and notify the requestor of the steps he has taken on his behalf to protect those civil rights of the requestor which would otherwise be jeopardized if assistance was not immediately provided. E. Complaints to PROVIDER by inmates and pretrial detainees concerning conditions of their confinement in the Elko County Jail facility shall be evaluated in light of applicable law to determine whether any civil cause of action exists thereunder. If PROVIDER believes that a violation of applicable law has occurred, or is occurring, he shall notify the COUNTY through its District Attorney, Sheriff, and the COUNTY shall take appropriate action to investigate or correct the alleged violation. F. In consideration for furnishing the legal services described herein, PROVIDER shall be paid the sum of $ per month, plus costs, as described below. PROVIDER shall submit an itemized accounting of time, including a description of services rendered, and costs incurred, at the end of each month to Elko County Financial Officer at 569 Court Street, Elko, Nevada, for payment by the COUNTY. PROVIDER shall be entitled to payment as provided for herein. Elko County may conduct periodic audits of PROVIDER'S billings to determine compliance with the terms and conditions of this Agreement. G. PROVIDER shall provide as the base contract requirement, not more than 25 hours of service per quarter in consideration of the sum of $2, paid in equal monthly installments as described above. The term "quarter" as used herein, shall mean the 3 month period commencing -5-

6 March 1 through May 31, and each 3 month period thereafter for the term of the Contract. At the end of each quarter, PROVIDER shall render an accounting for excess hours to the Elko County Sheriff and the County Financial Officer for payment by the COUNTY. The term "excess hours" as used herein shall mean those hours of legal service provided in excess of the base contract requirement. Excess hours shall be compensated at the rate of $90.00 per hour or fraction thereof. H. This Agreement may be terminated by any party hereto upon 90 days written notice to the other parties hereto, as well as service of said notice upon Kristin A. McQueary, Chief Civil Deputy District Attorney, Elko County District Attorney's Office, 540 Court Street, 2nd Floor, Elko, Nevada, I. This Agreement shall be effective as of March 1, 2016, and shall continue through February 28, J.lf this Agreement is terminated pursuant to paragraph H or I above, PROVIDER shall have30 days to wind up ongoing files. The hours, or fraction thereof, spent winding up ongoing files shall be compensated at the rate of $90.00 per hour. K. This Agreement may be extended or renewed by a writing executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and in the year indicated above. ELKO COUNTY, a political subdivision of the State of Nevada LEGAL SERVICES PROVIDER: ROBERT J. WINES, Prof. Corp. A Professional Corporation 687 Sixth Street Elko, NV (775) By: Demar Dahl, Chairman Board of Elko County Commissioners -6-

7 ATTEST: By: CAROLFOSMO Elko County Clerk FOURTH JUDICIAL DISTRICT COURT By: --L~~~;)...61~~~{ / ' NANCY P DISTRICT By ~~ A~ o/2~ DISTRICT JUDGE -7-