No. 30980 (Amendment): R251-304. Contract Procedures

DAR File No.: 30980
Filed: 02/13/2008, 09:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes minimum standards for contractors who work on correctional projects. The changes clarify those standards.

Summary of the rule or change:

The changes to this rule clarify the employee information given to the Department of Corrections (UDC) by contractors working on correctional projects. It also changes the UDC provided training required for contractors to an as needed basis.

State statutory or constitutional authorization for this rule:

Section 64-13-25

Anticipated cost or savings to:

the state budget:

There will be no cost or savings to the state budget because UDC employees involved in the training, when required, will receive their normal salary, regardless of time spent with contractors. This is not an overtime situation.

local governments:

There will be no cost or savings to a local government budget from this amendment because local governments are not involved in the contract process, the training, or as contractors.

small businesses and persons other than businesses:

There is a potential for savings by small businesses because the rule clarification which exempts small business contractors from required training under certain conditions could save them money based on the time and pay scales used by the small business. Because the exemption is conditional, it would apply only to some of the businesses and workers.

Compliance costs for affected persons:

The amendments do not impose any compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change could potentially reduce costs to attend training if not deemed necessary. Thomas Patterson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER UT 84020-9549

Direct questions regarding this rule to:

Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Thomas E. Patterson, Executive Director

RULE TEXT

R251. Corrections, Administration.

R251-304. Contract Procedures.

R251-304-2. Definitions.

(1) "Contract" means any state agreement for the procurement or disposal of supplies, services, or construction.

(2) "Contractor" means any person or organization contracting with the Department to provide goods or services.

(3) "Department" means the Utah State Department of Corrections (UDC).

(4) "Executive Director" means the executive director of the Department of Corrections/designee.[

(5) "Monitor" means to scrutinize or check systematically on a periodic or ongoing basis.

(6) "Review" means the process, culminating in a written report, of inspecting and examining contract performance at least annually.]

 

R251-304-3. Policy.

It is the policy of the Department that:

(1) contractors shall provide all services due under a contract as an independent contractor;

(2) contractors shall have no actual or implied authority to bind the State of Utah, any of its political subdivisions, or the Department of Corrections to any agreement, settlement, or understanding whatsoever;

(3) no provision of a contract shall be construed to bring contractors or their officers, agents, employees, volunteers, or subcontractors (if any) within the coverage of the Utah Governmental Immunity Act, Title 63, Section 30;

(4) all contractors' officers, employees, subcontractors, agents, or volunteers providing services shall be appropriately licensed and [shall]as may be necessary by the type of services provided, successfully complete a training session offered by UDC prior to contract implementation;

(5) contractors shall allow authorized UDC personnel full access to contract-related records with or without notice during contractors' regular business hours;

(6) contractors shall indemnify, hold harmless, and release the State of Utah and its officers, agents, and employees from and against all losses, damages, injuries, lawsuits and other proceedings arising out of the breach of, or performance under, the contract by contractors and their officers, agents, employees, subcontractors, and volunteers;

(7) all contracts shall be monitored throughout the contract period and reviewed at least annually;

(8) contracts may be terminated by the Department or the contractor with or without cause;

(9) contractors shall comply with all state and local regulatory requirements, including the following:

(a) zoning ordinances,

(b) building codes,

(c) applicable health codes,

(d) life and safety codes,

(e) professional licenses,

(f) business licenses, or

(g) other applicable federal, state, and local laws;

(10) UDC shall have the right to deny contractors, their agents, employees, and volunteers, or the agents, employees, and volunteers of their subcontractors, if any, access to premises controlled, held, leased, or occupied by UDC, if, in the sole judgment of UDC, such personnel pose a threat to UDC's legitimate security interests;

(11) prior to signing the contract, contractors shall disclose to UDC the names and state job titles of any of their agents, officers, partners, volunteers, or employees who are also employees of the State of Utah;

(12) UDC reserves the right to reject contractors' use of any person who, in the opinion of the Department, represents a threat to legitimate departmental interests;

(13) at the time the contract is awarded, contractors shall provide [to ]UDC [for]names and birth dates of employees for a criminal records check[ the names], and other information requested, including[birth dates and] social security numbers of all contractors' officers, employees, agents, and volunteers who will be providing services under contracts; and, during the contract period, contractors shall provide the same information to UDC on their new officers, employees, agents, and volunteers;

(14) contractors and UDC shall allow members of the general public to inspect Department contracts during regular business hours;

(15) public inquiries to contractors regarding specific offenders shall be referred to UDC; and

(16) decisions to terminate contracts may be appealed by contractors to the Executive Director of the Department of Corrections; the Director of Purchasing; or the District Court of the State of Utah.

 

KEY: corrections, contracts

Date of Enactment or Last Substantive Amendment: [February 19, 2003]2008

Notice of Continuation: February 21, 2003

Authorizing, and Implemented or Interpreted Law: 64-13-25