No. 34855 (Repeal): Rule R251-304. Contract Procedures

(Repeal)

DAR File No.: 34855
Filed: 05/19/2011 04:23:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The department is filing this rule change pursuant to the business impact review. The primary impact of the repeal of the department's contract procedures rule will be to reduce regulation on the private sector. As the department reviewed its rules, it found most other state agencies do not have a rule governing their contract processes. The state contract process is primarily governed by the Division of Purchasing. Any requirements needed by the department, in terms of contracting, are achieved within the terms and scope of the contract agreement. The contract terms and scope are agreed to by both parties to the contract. This rule is not necessary to enforce these terms.

Summary of the rule or change:

The state contract process if primarily governed by the Division of Purchasing. Any requirements needed by the department, in terms of contracting, are achieved within the terms and scope of the contract agreement. The contract terms and scope are agreed to by both parties to the contract. Therefore, this rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 64-13-25

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the state budget. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.

local governments:

There are no costs or savings to local government. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.

small businesses:

There are no costs or savings to small businesses. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.

persons other than small businesses, businesses, or local governmental entities:

There are no costs or savings to other persons. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.

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

The impact of the repeal of this rule, if any, will be less regulation of the private sector. Rules and regulation related to state contracts will be relegated to the Division of Purchasing or defined within the terms of the contract.

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:

• Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, 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:

07/15/2011

This rule may become effective on:

08/01/2011

Authorized by:

Thomas Patterson, Executive Director

RULE TEXT

R251. Corrections, Administration.

[R251-304. Contract Procedures.

R251-304-1. Authority and Purpose.

(1) This rule is authorized by Section 64-13-25.

(2) The purpose of this rule is to establish minimum standards for the organization and operation of correctional contracting, to promote accountability, and to ensure a safe and professional operation of correctional programs.

 

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.

 

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 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 UDC names and birth dates of employees for a criminal records check, and other information requested, including 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: May 20, 2008

Notice of Continuation: February 5, 2008

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

 

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