2-Attachment C - Scope of Work.docx

ATTACHMENT C – Scope of Work

I. GOALS AND OBJECTIVES

It is the goal of the Facilities Bureau to facilitate the timely upkeep and maintenance of UDC facilities, to support the mission of UDC. Service provided by CONTRACTOR should also contribute to supporting 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 grease trap and oil interceptor pumping services. Quality of service and performance will be measured by CONTRACTOR’S ability to perform work as scheduled, invoice 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 D.

III. DETAILED SCOPE OF PERFORMANCE

CONTRACTOR shall:

A. Comply with all applicable UDC policies and procedures, and joint policies or protocols developed between the CONTRACTOR and UDC.

B. Secure all necessary documents and permits.

C. Provide scheduled grease trap and/or oil interceptor pumping services at the below-specified UDC locations, or at other UDC locations as requested by UDC designee:

1. CONTRACTOR shall possess the technical capability and capacity to properly pump grease traps/oil interceptors and shall provide the necessary equipment and supplies.

2. CONTRACTOR shall legally and lawfully transport and dispose of material pumped from UDC facilities and comply with all Federal, State, and local legislation, rules, and regulations relating to the provision of services under the terms of a resulting contract.

3. CONTRACTOR shall utilize a pump truck with a capacity to ensure ability to accomplish each scheduled pumping within a single visit (excluding the Bear Culinary and CUCF locations). Traps/interceptors at the following locations may require pumping according to the schedule indicated:

CONTRACTOR shall provide pumping services for traps/interceptors at other UDC locations at the agreed-upon rate (dollars per gallon) in ATTACHMENT D Cost Sheet.

D. CONTRACTOR shall remain “on-call” and available 24 hours per day, seven (7) days per week, and be prepared to respond to any emergency service call within 4 (four) hours to provide emergency pumping services on an as-needed basis at the request of UDC Designee/contract monitor:

a. Clean 10-inch (or greater) pipes in urns up to 500 feet in one direction, and 1,000 feet from both ends;

b. Clean 2- to 4-inch diameter drain/sewer lines up to 150 feet in length with cable equipment; and,

c. Provide video inspection/line location services.

E. CONTRACTOR’s driver MUST be able to pass a criminal background check to enter any UDC prison facility or Community Correctional Center (see Section XI. Security Measures).

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:

i. 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.

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

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

iv. The record or record series accessed by CONTRACTOR will not be disclosed to any other person; and

v. 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. PRICE GUARANTEE PERIOD

All pricing must be guaranteed for two (2) years. Any request for price adjustment must be for an equal guarantee period, must be made at least 30 days prior to any adjustment, must include sufficient documentation supporting the request and demonstrate a logical mathematical link between current price and the proposed price. Any adjustment or amendment to the contract will not be effective unless approved by the State Director of Purchasing and no requested adjustment is guaranteed. The State will be given the immediate benefit of any decrease in the market, or allowable discount.

VI. COMPENSATION

A. Compensation will be based on accepted all-inclusive bid prices found in ATTACHMENT D: Cost Sheet. Compensation limits are as defined. No additional costs or fees are eligible for compensation under this agreement.

B. 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.

VII. 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.

VIII. BILLING PROCEDURES

A. The CONTRACTOR shall bill UDC by the 10th of each month for services and/or products delivered during the previous month. Send a copy of the invoice to the contract monitor by monthly email (contract monitor contact information can be found on page 2 of the contract).

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 C. Invoices may also be submitted electronically. via email to: UDCaccountspayable@utah.gov D. Invoicing shall begin only after the CONTRACTOR begins providing service and should continue throughout the contract term as long as actual services are being rendered.

E. Each service ticket must include a date, ticket number, and must detail the service provided. Include both itemized cost and total cost. Each invoice must reference the contract number and/or purchase order number.

IX. 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.

X. PLACE OF PAYMENT

All payments by UDC to CONTRACTOR shall be sent to CONTRACTOR’S address as it appears on Page 1, Paragraph 1, “CONTRACTING PARTIES”. The CONTRACTOR shall notify UDC of the change of address within seven (7) working days.

XI. SECURITY MEASURES

A. UDC reserves the right to conduct a background check on all persons who enter UDC facilities. CONTRACTOR’s 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.

B. 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.

C. 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.

XII. 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 professional licenses will be requested annually and shall remain on file at the Contract Unit 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.

XIII. INSURANCE

A. CONTRACTOR shall maintain an occurrence-based insurance policy for its employees and professional staff as covered on Page 5-6 of this contract (Attachment A, §18). Said coverage shall continue throughout the term of the contract.

B. A copy of the Certificate of Insurance shall be maintained, by the Contract Coordinator, for the term of the contract.

1. CONTRACTOR shall provide the Certification to the Contract Coordinator in a “kick-off” meeting prior to initiation of the contract; or,

2. CONTRACTOR shall have the insurance carrier send the Certification prior to initiation of the contract to:

Utah Department of Corrections Attention Finance 14717 S. Minuteman Dr Draper, UT 84020-9549 C. CONTRACTOR shall provide the Certification annually throughout the term of the contract.

D. 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.

XIV. SUBCONTRACTORS

A. CONTRACTOR is solely responsible for SUBCONTRACTORS’ compliance with all the terms and conditions of the contract.

B. CONTRACTOR is liable for performance of the SUBCONTRACTORS.

1. CONTRACTOR shall submit a list of all SUBCONTRACTORS employees servicing the contract.

2. If any new employee begins working under SUBCONTRACTOR, CONTRACTOR will submit their names, birth dates, driver’s license numbers and social security numbers to UDC as they begin employment.

3. CONTRACTOR will ensure SUBCONTRACTOR and SUBCONTRACTOR’S employees entering prison property will cooperate with all security measures, including, but not limited to, searches.

C. SUBCONTRACTORS will be held to the same performance standards as the CONTRACTOR.

D. UDC will not directly pay SUBCONTRACTORS for any services under this contract. CONTRACTOR maintains sole responsibility for payment of any SUBCONTRACTORS.

XV. 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).

XVI. 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 specified deadline. Letter will be sent certified U.S. Postal Service mail requiring a signed return receipt.

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