4-MD26-17 Attachment B - UDC-Standard-Terms-and-Conditions.docx
DOCX document 27 KB Posted
- Solicitation number
- MD26-17
- Issued by
- Utah
About this file
This is a Standard Terms and Conditions attachment for a Movie Viewing Public Performance License contract between the State of Utah Department of Corrections (UDC) and a contractor. The contract is a five-year agreement to provide motion picture licenses for viewing in prisons, community correctional centers, and other correctional facilities operated by UDC. The anticipated contract will result in a single award to the responsive and responsible vendor with the highest combined score from technical criteria and cost evaluation stages. The vendor must guarantee its pricing for a minimum of two years throughout the contract period.
The Standard Terms and Conditions establish critical requirements and restrictions for contractor performance. Contractors must submit personnel information and submit to criminal background checks; no employees under age 18 are permitted on UDC property, and individuals convicted of felonies or two or more misdemeanors are prohibited from entering UDC facilities without written exception approval from the Division Director. All contractor personnel providing direct services must complete UDC-mandated orientation or training prior to contract implementation. The terms explicitly prohibit custodial sexual misconduct as defined by Utah Statute 76-5-412, requiring written notice to all employees with offender contact. Any research or experiments involving offenders require approval from the Departmental Review Board and the Division Director with informed offender consent. Additionally, contractors must certify compliance with Utah Statute 63G-27-101 and confirm they are not engaged in a boycott of the State of Israel and will not engage in such boycotts during the contract term.
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Other files
| File | Type | Posted |
|---|---|---|
| 8-MD26-17 Evaluation Scoresheet (Reference Only).xlsx | XLSX spreadsheet | |
| 6-MD26-17 Attachment D - Technical Criteria ada.docx | DOCX document | |
| 1-Claim of Business Confidentiality Updated.pdf.pdf | ||
| 3-MD26-17 Attachment A - Agency-Terms-and-Conditions.docx | DOCX document | |
| 7-MD26-17 Attachment E - Cost Sheet.xlsx | XLSX spreadsheet | |
| 2-Vendor Prerequisites - RFP Agency.pdf | ||
| 5-MD26-17 Attachment C - Scope of Work (solicitation).docx | DOCX document |
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Text version
ATTACHMENT B
UTAH DEPARTMENT OF CORRECTIONS STANDARD TERMS AND CONDITIONS
1. CONTRACT FORMATION: No legally enforceable rights or duties shall arise between the parties under this contract until: (a) the respective representatives of CONTRACTOR and UDC sign the contract; and (b) the contract is approved and signed by the respective representatives of the UDC Office of Administrative Services and the State of Utah's Division of Purchasing.
2. CONTRACTOR ACCESS TO UDC FACILITIES: UDC shall have the right to deny 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. Contractor will 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.
3. CRIMINAL CONVICTION INFORMATION: Upon written request by UDC, CONTRACTOR shall provide (at 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.
4. FORMER FELONS / MISDEMEANANTS: 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 (2) or more misdemeanors to enter upon any premises controlled, held, leased, or occupied by UDC. A given crime shall be deemed a felony if defined as such by the jurisdiction where the conviction occurred. Any requests for exceptions shall be submitted--in writing through the appropriate chain of command--to the Division Director, who shall make the final decision.
5. OCCUPATIONAL SAFETY AND HEALTH: (This clause will be considered a part of this contract only if required by law, rule, or regulation). 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 services to UDC pursuant to this contract.
6. CONTRACTOR TRAINING: All 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.
7. CUSTODIAL SEXUAL MISCONDUCT: Utah Statute 76-5-412 prohibits sexual contact to 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. CONTRACTOR must provide written notice of Utah Code Annotated § 76-5-412 to any employees having contact with offenders pursuant to this contract.
In addition, the Utah Division of Occupational and Professional Licensing (DOPL) is legislatively responsible to investigate complaints regarding the conduct of individuals practicing in regulated occupations and professions. DOPL may be notified of violations of conduct for those UDC CONTRACTORS who are licensed under DOPL. Refer to Title 58 of the Utah Code and Title R156 of the Utah Administrative Code for details.
8. RESEARCH / EXPERIMENTS: Any research or experiments including offenders must be approved by the Departmental Review Board. Sociological/psychological research or experiments including offenders under the jurisdiction of UDC requires prior written approval of the Division Director/designee and written, informed, and voluntary consent from each offender included.
9. ANTI-BOYCOTT ISRAEL: In accordance with Utah Statute 63G-27-101, Contractor certifies that it is not currently engaged in a boycott of the State of Israel and agrees not to engage in a boycott of the State of Israel for the duration of the contract.
(Revision Date: 15 April 2021)
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