4-Attachment C - Scope of Work.docx

Attachment C: Scope of Work

Goals and Objectives The CONTRACTOR shall provide bottled water, distilled water, and hot/cold water coolers to designated UDC facilities throughout the state. The CONTRACTOR shall be capable of delivering products and equipment to all UDC locations identified under this contract for the duration of the contract term.

Performance Measures The quality of service and performance will be measured by CONTRACTOR’S ability to supply bottled water, distilled water, and hot/cold water coolers to UDC locations throughout the State of Utah. Quality of service and performance will be measured by CONTRACTOR’S ability to fill orders accurately in the agreed upon time frames, invoicing in accordance with contract requirements, by measuring and evaluating evidence provided by the CONTRACTOR, and monitoring of the CONTRACTOR’S compliance with each and every term and condition as defined in Attachments A through C.

Detailed Scope of Performance CONTRACTOR shall supply 5-gallon water bottles, 6-pack of 1-gallon distilled water bottles, and hot/cold water cooler(s) as required to meet the UDC’s potable water needs. Bottled water shall be either spring or purified water and shall be classified as drinking water intended for human consumption. All water shall be sealed in bottles or other appropriate containers and shall contain no added ingredients.

Deliveries CONTRACTOR shall be capable of delivering products and equipment to all UDC regions identified in Attachment D (Statewide Delivery Map). Deliveries shall be made on a minimum bi-weekly schedule unless an alternative delivery schedule is requested by the individual UDC facility. The CONTRACTOR shall coordinate delivery dates and time with each designated UDC location to ensure uninterrupted availability of bottled water and related products.

Maintenance

· The CONTRACTOR shall inspect all rented water coolers and all related equipment annually at each UDC delivery location and shall provide all service and maintenance to ensure the equipment remains in safe and proper working conditions.

· Any equipment determined to be faulty, damaged, or not operating properly shall be repaired or replaced within twenty-four (24) hours of notification by the UDC, at no additional cost to the UDC.

· The CONTRACTOR shall be responsible for any building damage to UDC property caused by defective or malfunctioning equipment or accessories provided under this Contract. All repairs shall be completed at the CONTRACTOR’s expense by qualified personnel acceptable to the State.

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:

· 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.

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

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

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

· The record or record series accessed by the CONTRACTOR will not be used for advertising or solicitation purposes.

Failure to adhere to any and all restrictions set forth above may subject CONTRACTOR and/or its staff to criminal liability pursuant to Utah Code Annotated § 63G-2-801.

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 60 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 request for adjustment is guaranteed. The State will be given the immediate benefit of any decrease in the market, or allowable discount.

Compensation

· Compensation will be based on accepted all-inclusive bid prices per Attachment E. (Once awarded, this section will be updated to reflect accepted bid pricing.)

· Prices include CONTRACTOR’S costs for shipping, storage, handling, and delivery F.O.B. destination with all transportation and handling charges paid by the CONTRACTOR.

· Compensation limits are as defined. No additional costs or fees are eligible for compensation under this agreement.

· 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.

Cost of Services 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. All procurements are subject to provisions of the State of Utah, including Utah Procurement Code and State Division of Purchasing rules.

Billing Procedures

· CONTRACTOR shall bill UDC by the 10th of each month for services and/or products delivered during the previous month.

· 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 Email: UDCaccountspayable@utah.gov

· Invoicing should begin only after the CONTRACTOR begins providing service and should continue throughout the contract term as long as actual services are being rendered.

· Each invoice must include an invoice date, invoice number, date of service, ship-to location, product/service provided, itemized cost, and total cost.

· Each invoice must reference the contract number and/or purchase order number.

Time of Payment

· 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.

· 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.

· 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.

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

Security Measures Utah State Prison (USP) UDC reserves the right to conduct a background check on all persons who enter UDC property. CONTRACT 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. 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. 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 Institutional Operations is prohibited and any such use requires approval by clearance from Security Administrators.

Community Corrections Centers / AP&P UDC reserves the right to conduct a background check on all persons who enter UDC property. At the time the contract is awarded, and as requested by UDC, staff working under the contract and those with intent of working under the contract shall complete and submit a Release of Information and the requested attachments to the Center Program Coordinator or designated UDC staff member for criminal and driver license checks. 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. CONTRACTOR acknowledges employees must provide identification each time they enter UDC property. CONTRACTOR agrees that employees entering UDC property will cooperate with all security measures, including, but not limited to, searches.

If a criminal record exists on any contract person, the Center Program Coordinator shall review the information with the Assistant Regional Administrator, who shall make the final decision with regard to the applicant in question working under the scope of the contract. Per UDC Standard Terms and Conditions, Attachment B, Paragraph 6, a criminal record may result in non-approval to current contract staff or potential contract personnel to provide services under this contract.

Licensure

· 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.

· CONTRACTOR’S business license will be requested annually and shall remain on file at the Contract Unit office throughout the entire contract term.

· CONTRACTOR further agrees to advise UDC immediately in writing of any limitation, cancellation, or other termination of such license.

Subcontractors

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

· CONTRACTOR is liable for performance of the SUBCONTRACTORS.

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

· 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.

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

· SUBCONTRACTOR will be held to the same performance standards as the CONTRACTOR.

· CONTRACTOR maintains sole responsibility for payment of any SUBCONTRACTORS.

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 compliance with the contract requirements (ATTACHMENT F).

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 sequential steps:

1. Contract Monitor will inform the CONTRACTOR of the problem and seek resolution by a mutually agreed-upon date.

2. 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.

3. If the CONTRACTOR makes insufficient effort to communicate and resolve the issue, the Contract Monitor will communicate failure to resolve to the Contract Unit.

4. 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 specific deadline. The letter will be sent certified U.S. Postal Service mail requiring a signed return receipt.