attachment-1-rfp-2027-dbh-18-colle-app-a.pdf

New Hampshire Department of Health and Human Services Collegiate Recovery Programs

Appendix A – Scope of Services

RFP-2027-DBH-18-COLLE Contractor Initials __________

v. 1.0 Page 1 of 16 Date __________

The final Scope of Services is subject to modification based on the proposal submitted by the selected Vendor

Scope of Services

1. Statement of Work

1.1. The Contractor must develop, implement, enhance, and/or expand broad-based Collegiate Recovery Programming (“CRP” or “Programming”) that increases awareness of and access to recovery supports and services for students with alcohol and drug use problems and/or who are sober-curious and creates a supportive campus environment that fosters wellness, connection, and long-term success. The Contractor must:

1.1.1. Develop, implement, and/or enhance a broad-based Collegiate Recovery Programming (CRP) on the Contractor’s college campus;

and

1.1.2. Lead collaboration with other community, state, or private colleges or universities to establish CRPs and expand programming reach on campuses throughout New Hampshire.

1.2. The Contractor must ensure Programming:

1.2.1. Is a community-based model;

1.2.2. Supports students who have alcohol and drug use problems and/or who are mindful about substance use habits and considering the benefits of reducing or eliminating consumption;

1.2.3. Is student-centered, by designing and delivering recovery support services that prioritize the needs, voices, and experiences of students in recovery;

1.2.4. Is peer-led or co-led by students with lived experience of recovery from substance use disorders (SUD) to provide peer-leadership to support, guide, and advocate for others;

1.2.5. Includes near-peer support by students or young adults who are close in age, experience, or status who can act as a support, offering guidance and insight because they can relate to the experiences of those they are helping;

1.2.6. Increases awareness of and access to recovery services on campus and within the surrounding communities;

1.2.7. Focuses on empowering students to take an active role in shaping their recovery journey and their campus experience;

1.2.8. Creates a supportive environment at every level, from personal relationships to campus policies;

v. 1.0 Page 2 of 16 Date __________

1.2.9. Recognizes students are influenced by multiple layers of their environment, including:

1.2.9.1. Students’ own coping skills and mental health;

1.2.9.2. Friends, family, and peers;

1.2.9.3. College/university policies and campus services;

1.2.9.4. Social norms and support networks within the campus

community and in the surrounding community; and

1.2.9.5. Societal influences including laws, stigma, and access to treatment and recovery support services;

1.2.10. Facilitates development of internal and external resources that student’s possess to initiate and sustain their recovery from substance use;

1.2.11. Meet students’ needs as they transition into college, throughout their academic journey, and as they prepare for life after graduation;

1.2.12. Promotes a balanced approach to recovery and reinforces healthy lifestyle changes;

1.2.13. Encourages peer support, mentorship, and community-building among students in recovery;

1.2.14. Reinforces the decision to engage in a lifestyle of recovery from alcohol and drug use problems;

1.2.15. Builds community and reduces stigma around recovery and substance use on campus;

1.2.16. Is integrated with campus wellness services; and

1.2.17. Ensures institutional policies actively support individuals recovering or in recovery from substance use disorders and are trauma-informed;

and

1.2.18. Includes a minimum of three (3) or more of the following Programming components:

1.2.18.1. Mutual support meetings, where students can meet in group settings to share experiences, encouragement, and strategies for wellness, recovery, mental heatlh, and personal growth.

1.2.18.2. Recovery-friendly social activities in enviornments that actively support individuals recovery or in recovery from substance use disorders.

1.2.18.3. Social spaces for recovery and sober-curious students

v. 1.0 Page 3 of 16 Date __________ who are considering the benefits of reducing or eliminating consumption.

1.2.18.4. Recovery-supportive campus programming.

1.2.18.5. Recovery-inclusive social experiences.

1.2.18.6. Sober-curious and recovery student meetups.

1.2.18.7. Student programming that builds a supportive recovery community.

1.2.18.8. Social experiences that celebrate recovery.

1.2.18.9. Recovery-aligned prevention and engagement initiatives.

1.2.18.10. Programming designed to strengthen recovery-oriented student networks.

1.2.18.11. Substance-free recreational alternatives supporting long-term recovery.

1.2.18.12. Other recovery oriented programming that is utilized by the Higher Education Center for Alcohol and other Drug Misuse Prevention and Recovery (HECAOD), Assosciation of Recovery in Higher Education (AHRE), SAFE Project, Substance Abuse and Mental Health Services Administration (SAMHSA) Office of Recovery.

1.2.18.13. The provision of tertiary prevention resources that include tools and materials, including Opioid Overdose Reversal Medications, that assist students with the management and mitigation of the impact of chronic diseases and injuries from alcohol and other drug use, with the goal of reducing injuries, complications, and improving quality of life.

1.2.19. Is provided in accordance with:

1.2.19.1. State and federal laws and rules, including, but not limited to the Health Insurance Portability and Accountability Act (HIPAA), 45 CFR 160, 162, and 164, and 42 CFR Part 2, as applicable; and

1.2.19.2. The terms and conditions approved by the Substance

Abuse and Mental Health Services Administration (SAMHSA) for the Substance Use Prevention, Treatment, and Recovery Services Block Grant (SUBG) and State Opioid Response (SOR) Grant; and

1.2.19.3. SOR Grant Standards, identified in Section 1.19 as

applicable.

v. 1.0 Page 4 of 16 Date __________

1.3. The Contractor must ensure CRP is implemented and/or enhanced in accordance with the Department-approved Work Plan. The Contractor must ensure modifications to the Work Plan are not implemented prior to Department approval. The Work Plan must outline goals, activities, timelines, benchmarks, and responsibilities and resources necessary to support students and sustain the program.

1.4. The Contractor must fully implement the CRP on the Contractor’s campus no later than 60 calendar days following the contract effective date in accordance with the Department-approved Collaboration and Expansion Plan.

1.5. The Contractor must establish collaborative activities with other community, state, or private colleges or universities to expand CRP services and broaden programming reach in New Hampshire. The Contractor must develop and implement a Collaboration and Expansion Plan, subject to Department approval, that includes:

1.5.1. Strategies for initiating and sustaining partnerships with multiple campuses; describes how collaboration will enhance CRP offerings;

increase student engagement; and create a network of recovery support;

1.5.2. Names of and letters of intent from campuses that will be engaged beginning on the effective date of the resulting Agreement, confirming their commitment to participate in CRP activities;

1.5.3. Roles each campus will play in program implementation and how you will ensure consistent quality and accessibility across sites;

1.5.4. Strategies to address challenges including varying campus cultures, resource limitations, and student privacy concerns; and

1.5.5. Measurable goals for collaboration.

1.6. The Contractor must ensure new, expanded and/or enhanced programming is fully implemented with other community, state, or private colleges or universities, as identified in the Collaboration and Expansion Plan, no later than 180 calendar days following the contract effective date.

1.7. The Contractor must collaborate with on-campus partners and community-based organizations to support programming, expand resources, and strengthen community connections:

1.7.1. On-campus partners may include student physical and behavioral health services; student affairs; residence services; academic support services; campus wellness and prevention programs; peer mentoring groups; service clubs; and leadership development programs.

1.7.2. Community-based partners may include Recovery Community Organizations; behavioral health treatment providers and

v. 1.0 Page 5 of 16 Date __________ organizations; Doorways; Regional Public Health Network; and non-profit organizations.

1.8. The Contractor must develop and implement, subject to Department approval, a CRP Marketing and Engagement Plan to increase awareness and visibility of Programming at the Contractor’s campus and participating campuses statewide. The Contractor must ensure the Marketing and Engagement Plan:

1.8.1. Uses language that promotes the many pathways of recovery and educates about addiction, reducing stigma;

1.8.2. Fosters a campus culture that is inclusive, compassionate, and supportive;

1.8.3. Builds community, helping students feel less isolated and more connected;

1.8.4. Encourages engagement and motivates students to participate in programming, take on leadership roles, and contribute to the growth of the CRP community; and

1.8.5. Includes promotional strategies and materials for the CRP.

1.9. The Contractor must ensure all marketing and engagement materials developed under this Agreement are reviewed and approved by the Department prior to distribution.

1.10. The Contractor must measure program effectiveness, participant satisfaction, and demonstrate CRP impact on academic success and well-being to support continuous CRP improvement utilizing Department-approved tools and methods. The Contractor must ensure modifications to tracking and measurement tools and methods are approved by the Department prior to implementation.

1.11. The Contractor must ensure continued operation and growth of the CRP over time, both on the Contractor’s campus and at expansion campuses.

1.12. The Contractor must utilize the Department's closed loop referral system whenever applicable to the services they provide for referrals between health and/or human service providers within New Hampshire for referral management and client care coordination. Utilization includes inputting information and data as necessary into the Department’s referral solution as part of the NH Care Connections Network to facilitate referrals to participating providers, signing required Network Participation Agreement(s), and obtaining a participant specific consent for services.

1.13. The Contractor must utilize the Department's admission, discharge, transfer, and shared care insights solution whenever applicable to the services they provide for client care coordination and management between health providers within New Hampshire. Utilization includes inputting information and data as

v. 1.0 Page 6 of 16 Date __________ necessary into the Department’s admission, discharge, transfer, and shared care insights platform as part of the NH Care Connections Network to facilitate referrals to participating providers and signing required Participation Agreement(s) for the admission, discharge, transfer, and shared care insights solution.

1.13.1. The Department’s contracts with the closed loop referral and admission, discharge, and transfer vendors incorporate the costs of developing and maintaining the standards-based interface from which the Contractor may choose to configure their systems to communicate securely with the Department’s NH Care Connections Network solutions. The Contractor may choose to interface with the Department’s closed loop referral and/or the admission discharge transfer solution utilizing a Smart on FHIR or HL-7 standard interface process to connect individuals to health and social service providers. The costs for the Contractor’s system or team to develop or utilize the standard Smart on FHIR or HL-7 based interface are the sole responsibility of the Contractor.

1.14. The Contractor must comply with all applicable Department, State of NH, SAMHSA, and other Federal terms, conditions, and requirements.

1.15. The Contractor must participate in meetings with the Department on a monthly basis, or as otherwise requested by the Department.

1.16. The Contractor may be required to participate in on-site reviews conducted by the Department on a quarterly basis, or as otherwise requested by the Department.

1.17. The Contractor may be required to facilitate reviews of files conducted by the Department on an annual basis, or as otherwise requested by the Department.

1.18. Data Collection and Reporting

1.18.1. The Contractor must ensure the following data, at a minimum, is collected and submitted to the Department on a monthly basis:

1.18.1.1. Collegiate Recovery Programming activity, broken out by type; date and location; number of participants; and aggregate satisfaction data as applicable;

1.18.1.2. Marketing and engagment activities, broken out by type;

date and location; target audience; and number of participants; and

1.18.1.3. Collaboration activities, identified in Section 1.5, broken out by type, date and location, and target audience.

1.18.2. The Contractor must provide the Department with aggregate, non-identifiable data that supports contract deliverables. The Contractor

v. 1.0 Page 7 of 16 Date __________ must ensure client-level, non-identifiable data excludes information allowing the individual to be identified or constructively identified.

Constructively identified means that by using the information provided and what is reasonably and predictably available to a predictable recipient of the information the individual could be identified. The Contractor must provide non-identified data from which there is no reasonable basis to believe that the data used alone or in combination with other reasonably available information, could be used to identify an individual who is a subject of the information. The Contractor must ensure that any reporting method complies with the conditions of Exhibit E, DHHS Information Security Requirements and Exhibit F, Business Associate Agreement.

1.18.3. The Contractor must ensure compliance with HIPAA, 45 CFR 160, 162, and 164, and 42 CFR Part 2, and confidentiality, consent, notice, and other legal requirements, as applicable to any data collected or reported.

1.18.4. The Contractor may be required to provide other key data and metrics to the Department in a format specified by the Department, including but not limited to data required by the Substance Abuse and Mental Health Services Administration.

1.19. Staffing

1.19.1. The Contractor must recruit and maintain sufficient staffing necessary to perform and carry out all of the functions, requirements, roles, and duties as required in this Agreement. The Contractor’s personnel must:

1.19.1.1. Have lived experience with the SUD recovery process;

1.19.1.2. Include, but not be limited to:

1.19.1.2.1. One (1) full-time equivalent (FTE) Peer

Recovery Support Staff to:

1.19.1.2.1.1. Provide 1:1 recovery support

meetings;

1.19.1.2.1.2. Facilitate in person and online

peer recovery support groups;

and

1.19.1.2.1.3. Conduct educational training.

1.19.1.2.2. One (1) part-time equivalent CRP Coordinator

to:

1.19.1.2.2.1. Manage grant requirements, data

collection and reporting;

v. 1.0 Page 8 of 16 Date __________

1.19.1.2.2.2. Provide program administrative

support and supervision; and

1.19.1.2.2.3. Facilitate community

development, on campus and within local communities.

1.19.1.2.3. One (1) .25 FTE marketing/peer engagement

staff to:

1.19.1.2.3.1. Develop marketing strategies

and materials; and

1.19.1.2.3.2. Conduct student engagement

activities.

1.20. State Opioid Response (SOR) Grant Standards

1.20.1. If applicable, the Contractor must ensure they, and any provider which referrals are made to:

1.20.1.1. Only provide and/or prescribe medications for Opioid Use Disorder (OUD), as clinically appropriate, that are approved by the Food and Drug Administration;

1.20.1.2. Only provide medical withdrawal management services to individuals supported by SOR grant funds if the withdrawal management services are accompanied by the use of injectable extended-release naltrexone, as clinically appropriate;

1.20.1.3. Ensure staff trained in Presumptive Eligibility for Medicaid are available to assist individuals with public or private health insurance enrollment; and

1.20.1.4. Comply with 42 CFR Part 2 as applicable and related to any referrals and provider services.

1.20.2. The Contractor must ensure individuals receiving services, rendered from SOR funds, have a documented history or current diagnoses of Opioid Use Disorder or Stimulant Use Disorders (OUD/StimUD) or are at risk for such.

1.20.3. The Contractor must ensure that SOR grant funds are not used to purchase, prescribe, or provide cannabis or for providing treatment using cannabis. The Contractor must ensure:

1.20.3.1. Treatment in this context includes the treatment of OUD/StimUD;

1.20.3.2. Grant funds are not provided to any individual or

organization that provides or permits cannabis use for the

v. 1.0 Page 9 of 16 Date __________ purposes of treating substance use or mental health disorders; and

1.20.3.3. This cannabis restriction applies to all subcontracts and Memorandums of Understanding that receive SOR funding.

1.20.4. The Contractor must utilize SOR funding, as needed, to ensure Naloxone kits are available to individuals receiving services through this Agreement.

1.20.5. If the Contractor intends to distribute test strips, the Contractor must provide a test strip utilization plan to the Department for approval prior to implementation. The Contractor must ensure the utilization plan includes, but is not limited to:

1.20.5.1. Internal policies for the distribution of test strips;

1.20.5.2. Distribution methods and frequency; and

1.20.5.3. Other key data as requested by the Department.

1.20.6. The Contractor must provide services to eligible individuals who:

1.20.6.1. Receive MSUD services from other providers, including the individual’s primary care provider;

1.20.6.2. Have co-occurring substance use and mental health

disorders; or

1.20.6.3. Are on medications and are taking those medications as prescribed regardless of the class of medication.

1.20.7. The Contractor must ensure individuals who refuse to consent to information sharing with the Doorways do not receive services utilizing SOR funding.

1.20.8. The Contractor must ensure individuals who rescind consent to information sharing with the Doorways do not receive any additional services utilizing SOR funding.

1.20.9. The Contractor must collaborate with the Department and other SOR funded vendors, as requested and directed by the Department, to improve SUPRT data collection.

1.21. Background Checks

1.21.1. Prior to permitting any individual to provide services under this Agreement, the Contractor must ensure that said individual has undergone:

1.21.1.1. A criminal background check, at the Contractor’s expense, and has no convictions for crimes that represent evidence

v. 1.0 Page 10 of 16 Date __________ of behavior that could endanger individuals served under this Agreement; and

1.21.1.2. A name search of the Department’s Bureau of Adult and Aging Services (BAAS) State Registry, pursuant to RSA 161-F:49, with results indicating no evidence of behavior that could endanger individuals served under this Agreement; and

1.21.1.3. A name search of the Department’s Division for Children, Youth and Families (DCYF) Central Registry pursuant to RSA 169-C:35, with results indicating no evidence of behavior that could endanger individuals served under this Agreement.

1.22. Confidential Data

1.22.1. The Contractor must meet all information security and privacy requirements as set by the Department and in accordance with the Department’s Information Security Requirements Exhibit as referenced below.

1.22.2. The Contractor must ensure any individuals involved in delivering services through this Agreement contract sign an attestation agreeing to access, view, store, and discuss Confidential Data in accordance with federal and state laws and regulations and the Department’s Information Security Requirements Exhibit. The Contractor must ensure said individuals have a justifiable business need to access confidential data. The Contractor must provide attestations upon Department request.

1.23. Privacy Impact Assessment

1.23.1. Upon request, the Contractor must allow and assist the Department in conducting a Privacy Impact Assessment (PIA) of its system(s)/application(s)/web portal(s)/website(s) or Department system(s)/application(s)/web portal(s)/website(s) hosted by the Contractor, if Personally Identifiable Information (PII) is collected, used, accessed, shared, or stored. To conduct the PIA the Contractor must provide the Department access to applicable systems and documentation sufficient to allow the Department to assess, at minimum, the following:

1.23.1.1. How PII is gathered and stored;

1.23.1.2. Who will have access to PII;

1.23.1.3. How PII will be used in the system;

1.23.1.4. How individual consent will be achieved and revoked; and

v. 1.0 Page 11 of 16 Date __________

1.23.1.5. Privacy practices.

1.23.2. The Department may conduct follow-up PIAs in the event there are either significant process changes or new technologies impacting the collection, processing or storage of PII.

1.24. Contract End-of-Life Transition Services

1.24.1. General Requirements

1.24.1.1. If applicable, upon early termination or expiration of the Agreement the parties agree to cooperate in good faith to effectuate a secure transition of the services (“Transition Services”) from the Contractor to the Department and, if applicable, the new Contractor (“Recipient”) engaged by the Department to assume the services. Ninety (90) days prior to the end-of the contract or unless otherwise specified by the Department, the Contractor must begin working with the Department and if applicable, the Recipient to develop a Data Transition Plan (DTP). The Department shall provide the DTP template to the Contractor.

1.24.1.2. The Contractor must assist the Recipient, in connection with the transition from the performance of Services by the Contractor and its End Users to the performance of such Services. This may include assistance with the secure transfer of records (electronic and hard copy),transition of historical data (electronic and hard copy), the transition of any such Service from the hardware, software, network and telecommunications equipment and internet-related information technology infrastructure (“Internal IT Systems”) of Contractor to the Internal IT Systems of the Recipient and cooperation with and assistance to any third-party consultants engaged by Recipient in connection with the Transition Services.

1.24.1.3. If a system, database, hardware, software, and/or

software licenses (Tools) was purchased or created to manage, track, and/or store Department Data in relationship to this contract said Tools will be inventoried and returned to the Department, along with the inventory document, once transition of Department data is complete.

1.24.1.4. The internal planning of the Transition Services by the Contractor and its End Users shall be provided to the Department and if applicable the Recipient in a timely manner. Any such Transition Services shall be deemed to

v. 1.0 Page 12 of 16 Date __________ be Services for purposes of this Agreement.

1.24.1.5. In the event the data Transition extend beyond the end of the Agreement, the Contractor agrees that the Information Security Requirements, and if applicable, the Department’s Business Associate Agreement terms and conditions remain in effect until the Data Transition is accepted as complete by the Department.

1.24.1.6. In the event the Contractor has comingled Department Data and the destruction or Transition of said data is not feasible, the Department and Contractor will jointly evaluate regulatory and professional standards for retention requirements prior to destruction, refer to the terms and conditions of the Department’s DHHS Information Security Requirements Exhibit.

1.24.2. Completion of Transition Services

1.24.2.1. Each service or transition phase shall be deemed

completed (and the transition process finalized) at the end of fifteen (15) business days after the product, resulting from the Service, is delivered to the Department and/or the Recipient in accordance with the mutually agreed upon Transition plan, unless within said fifteen (15) business day term the Contractor notifies the Department of an issue requiring additional time to complete said product.

1.24.2.2. Once all parties agree the data has been migrated the Contractor will have thirty (30) days to destroy the data per the terms and conditions of the Department’s Information Security Requirements Exhibit.

1.24.3. Disagreement over Transition Services Results

1.24.3.1. In the event the Department is not satisfied with the results of the Transition Service, the Department shall notify the Contractor, in writing, stating the reason for the lack of satisfaction within fifteen (15) business days of the final product or at any time during the data Transition process.

The Parties shall discuss the actions to be taken to resolve the disagreement or issue. If an agreement is not reached, at any time the Department shall be entitled to initiate actions in accordance with the Agreement.

1.25. Website and Social Media

1.25.1. The Contractor must work with the Department’s Communications Bureau to ensure that any social media or website designed, created,

v. 1.0 Page 13 of 16 Date __________ or managed on behalf of the Department meets all Department and NH Department of Information Technology (DoIT) website and social media requirements and policies.

1.25.2. The Contractor agrees Protected Health Information (PHI), Personally Identifiable Information (PII), or other Confidential Information solicited either by social media or the website that is maintained, stored or captured must not be further disclosed unless expressly provided in the Contract. The solicitation or disclosure of PHI, PII, or other Confidential Information is subject to the terms of the Department’s Information Security Requirements Exhibit, the Business Associate Agreement signed by the parties, and all applicable Department and federal law, rules, and agreements. Unless specifically required by the Agreement and unless clear notice is provided to users of the website or social media, the Contractor agrees that site visitation must not be tracked, disclosed or used for website or social media analytics or marketing.

1.25.3. State of New Hampshire’s Website Copyright

1.25.3.1. All right, title and interest in the State WWW site, including copyright to all data and information, shall remain with the State of New Hampshire. The State of New Hampshire shall also retain all right, title and interest in any user interfaces and computer instructions embedded within the WWW pages. All WWW pages and any other data or information shall, where applicable, display the State of New Hampshire’s copyright.

2. Exhibits Incorporated

2.1. The Contractor must comply with all Exhibit D Federal Requirements, which are attached hereto and incorporated by reference herein.

2.2. The Contractor must manage all confidential data related to this Agreement in accordance with the terms of Exhibit E, DHHS Information Security Requirements.

2.3. The Contractor must use and disclose Protected Health Information in compliance with the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) (45 CFR Parts 160 and 164) under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and in accordance with the attached Exhibit F, Business Associate Agreement, which has been executed by the parties.

3. Additional Terms

3.1. Impacts Resulting from Court Orders or Legislative Changes

3.1.1. The Contractor agrees that, to the extent future state or federal

v. 1.0 Page 14 of 16 Date __________ legislation or court orders may have an impact on the Services described herein, the State has the right to modify Service priorities and expenditure requirements under this Agreement so as to achieve compliance therewith.

3.2. Federal Civil Rights Laws Compliance: Culturally and Linguistically Appropriate Programs and Services

3.2.1. The Contractor must submit:

3.2.1.1. A detailed description of the language assistance services, within ten (10) days of the Effective Date of the Agreement, to be provided to ensure meaningful access to programs and/or services to individuals with limited English proficiency; individuals who are deaf or have hearing loss;

individuals who are blind or have low vision; and individuals who have speech challenges.

3.2.1.2. A written attestation, within forty-five (45) days of the Effective Date of the Agreement and annually thereafter, that all personnel involved the provision of services to individuals under this Agreement have completed, within the last twelve (12) months, the Contractor Required Training Video on Civil Rights-related Provisions in DHHS Procurement Processes, which is accessible on the Department’s website (https://www.dhhs.nh.gov/doing-business-dhhs/civil-right-compliance-dhhs-vendors); and

3.2.1.3. The Department’s Federal Civil Rights Compliance

Checklist within ten (10) days of the Effective Date of the Agreement. The Federal Civil Rights Compliance Checklist must have been completed within the last twelve

(12) months and is accessible on the Department’s website (https://www.dhhs.nh.gov/doing-business-dhhs/civil-right-compliance-dhhs-vendors).

3.3. Credits and Copyright Ownership

3.3.1. All documents, notices, press releases, research reports and other materials prepared during or resulting from the performance of the services of the Agreement must include the following statement, “The preparation of this (report, document etc.) was financed under an Contract with the State of New Hampshire, Department of Health and Human Services, with funds provided in part by the State of New Hampshire and/or such other funding sources as were available or required, e.g., the United States Department of Health and Human Services.”

v. 1.0 Page 15 of 16 Date __________

3.3.2. All materials produced or purchased under the Agreement must have prior approval from the Department before printing, production, distribution or use.

3.3.3. The Department must retain copyright ownership for any and all original materials produced, including, but not limited to reports, protocols, guidelines, brochures, posters, and resource directories.

3.3.4. The Contractor must not reproduce any materials produced under the Agreement without prior written approval from the Department.

3.4. Operation of Facilities: Compliance with Laws and Regulations

3.4.1. In the operation of any facilities for providing services, the Contractor must comply with all laws, orders and regulations of federal, state, county and municipal authorities and with any direction of any Public Officer or officers pursuant to laws which must impose an order or duty upon the contractor with respect to the operation of the facility or the provision of the services at such facility. If any governmental license or permit must be required for the operation of the said facility or the performance of the said services, the Contractor will procure said license or permit, and will at all times comply with the terms and conditions of each such license or permit. In connection with the foregoing requirements, the Contractor hereby covenants and agrees that, during the term of this Agreement the facilities must comply with all rules, orders, regulations, and requirements of the State Office of the Fire Marshal and the local fire protection agency, and must be in conformance with local building and zoning codes, by-laws and regulations.

4. Records

4.1. The Contractor must keep records that include, but are not limited to:

4.1.1. Books, records, documents and other electronic or physical data evidencing and reflecting all costs and other expenses incurred by the Contractor in the performance of the Contract, and all income received or collected by the Contractor.

4.1.2. All records must be maintained in accordance with accounting procedures and practices, which sufficiently and properly reflect all such costs and expenses, and which are acceptable to the Department, and to include, without limitation, all ledgers, books, records, and original evidence of costs such as purchase requisitions and orders, vouchers, requisitions for materials, inventories, valuations of in-kind contributions, labor time cards, payrolls, and other records requested or required by the Department.

4.1.3. All records regarding the provision of services and all invoices

v. 1.0 Page 16 of 16 Date __________ submitted to the Department to obtain payment for such services.

4.2. During the term of this Agreement and the period for retention hereunder, the Department, the United States Department of Health and Human Services, and any of their designated representatives must have access to all reports and records maintained pursuant to the Agreement for purposes of audit, examination, excerpts and transcripts.

4.3. If, upon further review, the Department must disallow any expenses claimed by the Contractor as costs hereunder, the Department retains the right, at its discretion, to deduct the amount of such expenses as are disallowed or to recover such sums from the Contractor.