3-DHHS26117 Attachment I CHS Addendum.docx

ATTACHMENT I

CORRECTIONAL HEALTH SERVICES TERMS

1. CONTRACTOR ACCESS TO UTAH DEPARTMENT OF CORRECTIONS (UDC) FACILITIES: UDC may deny the Contractor’s agents and employees, or the agents and employees of its Subcontractors (if any), access to any premises controlled, held, leased, or occupied by UDC if, in the sole judgment of UDC, such personnel pose a threat to any of UDC’s legitimate security interests. The Contractor shall submit to all security checks that UDC deems necessary; including, but not limited to, searches of person and equipment. No one under the age of 18 will be allowed on UDC property.

2. CRIMINAL CONVICTION INFORMATION: Upon written request by UDC, the Contractor shall provide (at the Contractor’s expense) UDC with sufficient personal information about its agents or employees, and the agents and employees of its Subcontractors (if any), who will enter upon premises controlled, held, leased, or occupied by UDC during the course of performing this contract so as to facilitate a criminal record check (at UDC expense) on such personnel by UDC.

3. FORMER FELONS/MISDEMEANANTS: The Contractor, in executing any duty or exercising any right under this contract, shall not cause or permit any of its agents or employees, or the agents or employees of its Subcontractors (if any), who have been convicted of a felony or two or more misdemeanors to enter upon any premises controlled, held, leased, or occupied by UDC. A given crime will be deemed a felony if defined as such by the jurisdiction where the conviction occurred. The Contractor shall submit any request for exceptions in writing to the UDC division director, who will make the final decision.

4. EMPLOYEE RESTRICTIONS: The Contractor shall not be employed by, or otherwise utilize the services of, an Employee, regardless of whether the Employee is providing services under the contract, who: (a) is incarcerated in a correctional facility or serving a period of supervised release in the community, including probation or parole; or (b) in the past five years has been convicted of a felony offense, been incarcerated in a correctional facility, or served a period of a supervised release in the community, including probation and parole. For purposes of this term, “Employee” includes any person over whom the Contractor directly or indirectly exercises any labor-related authority, even if not performing services under the contract, including whether compensated or not: partners, associates, staff members, employees (full-time, part-time, seasonal, temporary, leased, or contingent), agents, interns, students, consultants, independent contractors, subcontractors, freelancers, direct workers, contract workers, clerks (including law clerks), apprentices, trainees, attendants, laborers, operators, representatives, volunteers, and any other similar form of labor-related association.

5. SUPERVISOR RESTRICTIONS: The Contractor shall not be employed by a Supervisor, or otherwise be engaged in services on behalf of a Supervisor, regardless of whether the Supervisor provides services under the contract, who: (a) is incarcerated in a correctional facility or serving a period of supervised release in the community, including probation or parole; or (b) in the past five years has been convicted of a felony offense, been incarcerated in a correctional facility, or served a period of a supervised release in the community, including probation or parole. For purposes of this term, “Supervisor” includes any person who directly or indirectly exercises any labor-related authority over the Contractor, even if not performing services under the contract, including whether compensated or not: owners, partners, associates, members, officials, investors, executives, administrators, managers, consultants, boards (including board of directors), directors, officers (including chief executive officers, chief legal officers, chief financial officers, and chief operating officers), shareholders, representatives, and any other similar form of labor-related association.

6. OCCUPATIONAL SAFETY AND HEALTH: The Contractor represents that it is in compliance with Occupational Safety and Health Administration (OSHA) standards on blood borne pathogens set forth in 29 CFR 1910.1030, for any of the Contractor’s employees who provide applicable services to UDC pursuant to this contract.

7. CONTRACTOR TRAINING: All of the Contractor’s officers, employees, Subcontractors, agents, or volunteers providing services pertaining directly to this contract shall successfully complete orientation or a training session offered by UDC prior to contract implementation, if applicable.

8. CUSTODIAL SEXUAL MISCONDUCT: Utah Code § 76-5-412 prohibits sexual contact with a person in custody by an employee, private provider, or contractor for the Utah Department of Corrections. A violation of this statute could result in a felony or a misdemeanor conviction. Consent of the person in custody is not a defense to any violation or attempted violation of this statute. The Contractor shall provide written notice of Utah Code Annotated § 76-5-412 to any employees having contact with offenders.

9. UTAH DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING (“DOPL”) REPORTING: UDC may notify DOPL of violations of conduct.

10. RESEARCH AND EXPERIMENTS: The Contractor shall obtain approval from the UDC Departmental Review Board prior to conducting any research or experiments including offenders. Sociological and psychological research or experiments including offenders under the jurisdiction of UDC requires prior written approval of the UDC division director or designee and written, informed, and voluntary consent from each offender.