rfp-2027-dcyf-03-justi-app-a.pdf

New Hampshire Department of Health and Human Services Justice Involved Teen Foster Program

Appendix A – Scope of Services

RFP-2027-DCYF-03-JUSTI Contractor Initials: __________

v. 1.0 Page 1 of 17 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 recruit and train foster caregivers to build a sustainable and statewide pool of qualified caregivers prepared to support teens involved in the juvenile justice system who have mental health and behavioral health needs, in order to keep these youth in community-based settings and out of secure detention.

1.2. The Contractor must target achievement of:

1.2.1. Ten (10) to fifteen (15) new foster caregiver inquiries resulting from recruitment efforts within the first year following the contract effective date, with a goal for these inquiries to lead to five (5) to seven (7) licensed homes for justice involved teens; and

1.2.2. Twenty (20) to thirty (30) new foster caregiver inquiries resulting from recruitment efforts for each year subsequent to the first year following the contract effective date, with a goal for these inquiries to lead to ten (10) to fifteen (15) licensed homes for justice involved teens.

1.3. The Contractor must ensure services are available statewide.

1.4. For the purposes of this Agreement, all references to business hours mean Monday through Friday from 8:30 AM to 5:00 PM.

1.5. The Contractor must provide evening and weekend training and outreach as needed, within the staffing model and budget proposed in the Contractor’s approved workplan.

1.6. The Contractor must ensure that reasonable accommodations are made for all potential and qualified foster caregivers with speech, language, or visual needs, consistent with the Americans with Disabilities Act (ADA) and applicable state requirements.

1.7. The Contractor must initiate the new justice involved teen foster program within the state’s existing systems of foster caregiver recruitment and retention.

1.8. The Contractor must increase the availability of a diverse array of foster caregivers to be matched with teens from a variety of demographics.

1.9. The Contractor must collaborate monthly, at a minimum, with an established Advisory Group for planning guidance regarding messaging and implementation during initial development of the foster caregiver recruitment and training process; the Advisory Group includes, but is not limited to:

1.9.1. Juvenile Justice stakeholders, including, but not limited to:

v. 1.0 Page 2 of 17 Date: __________

1.9.1.1. Juvenile Probation Parole Officers.

1.9.1.2. Foster caregivers.

1.9.1.3. Child Welfare Education Partnership (CWEP) trainers.

1.9.1.4. Recruitment and Retention team members.

1.9.1.5. Member(s) from the Juvenile Justice Reform Commission

(JJRC).

1.9.1.6. Other representatives determined by the Department.

1.9.2. The Department’s:

1.9.2.1. Public Information Office (PIO);

1.9.2.2. Justice Involved Teen Foster Program Contract Manager;

and

1.9.2.3. DCYF Recruitment and Retention Specialist.

1.9.3. A foster caregiver and/or a justice involved youth, if possible.

1.10. The Contractor must facilitate Advisory Group meetings throughout the contract term, as determined by the Department.

RECRUITMENT

1.11. The Contractor must ensure that the recruitment process includes, at a minimum, the following:

1.11.1. Identification of the target audience and messaging framework;

1.11.2. Creation of a consistent visual identity with visual themes;

1.11.3. Collection and use of testimonials from foster caregivers for teens;

1.11.4. Creation of a follow-up system of personal outreach to individuals interested in becoming foster caregivers;

1.11.5. Use of Department-approved messaging that aligns with state and federal foster care guidelines; and

1.11.6. Development and implementation of methods to monitor the effectiveness of recruitment efforts.

1.12. The Contractor must develop digital recruitment materials, in coordination with the Advisory Group, which may include, but are not limited to:

1.12.1. Graphics and images: social media posts, banner ads, and infographics.

1.12.2. Videos: promotional videos, tutorials, and ads for platforms such as YouTube.

v. 1.0 Page 3 of 17 Date: __________

1.12.3. Written content: blog posts, email newsletters, product descriptions, and ad copy.

1.12.4. Interactive content: quizzes, polls, and landing pages.

1.12.5. Downloadable assets: e-books, whitepapers, and brochures in digital format.

1.12.6. Paid ads: display ads, search engine ads (Google ads), and sponsored posts.

1.13. The Contractor must develop traditional recruitment materials, in coordination with the Advisory Group, which may include, but are not limited to:

1.13.1. Print materials: flyers, brochures, posters, and business cards.

1.13.2. Direct mail: catalogs, postcards, and letters sent via postal mail.

1.13.3. Outdoor advertising: billboards, banners, and signage.

1.13.4. Broadcast media: TV commercials and radio ads.

1.13.5. Event collateral: printed programs, branded merchandise, and trade show displays.

1.14. The Contractor must collect and develop lead information regarding potential foster caregivers and store it in compliance with the Department’s security guidelines; lead information includes, but is not limited to:

1.14.1. Name, address, and telephone and/or email address.

1.14.2. Preferred contact method.

1.14.3. Demographic information.

1.14.4. Foster preferences, if applicable, such as age or gender.

1.15. The Contractor must follow up with individuals who expressed interest in becoming a foster caregiver.

1.16. The Contractor must provide clear direction regarding next steps for individuals who express interest in fostering, including, but not limited to:

1.16.1. Overall information regarding the expectations, challenges, and rewards of life with a justice involved foster teen.

1.16.2. The application process.

1.16.3. The training process.

1.16.4. The onboarding process, including background checks.

1.16.5. Placement and associated supports for success.

TRAINING

1.17. The Contractor must coordinate with the University of New Hampshire’s CWEP

v. 1.0 Page 4 of 17 Date: __________ to:

1.17.1. Manage the influx of training needs;

1.17.2. Learn the foster caregiver training curriculum;

1.17.3. Develop a Peer Support Model intended to supplement the Department’s foster caregiver licensing and onboarding process; the model must be approved by the Department and include:

1.17.3.1. A recommended structure for connecting prospective

caregivers with trained, experienced foster caregivers for justice involved teens (“peer mentors”);

1.17.3.2. Defined roles, expectations, and boundaries for peer mentors;

1.17.3.3. Training materials and guidance for mentors, including communication skills, confidentiality, and ethical considerations;

1.17.3.4. A process for matching mentors to prospective caregivers;

1.17.3.5. Recommended communication frequency, methods, and

documentation guidelines; and

1.17.3.6. Strategies for addressing common concerns, hesitations, or barriers faced by prospective caregivers; and

1.17.4. Assess the existing training curriculum and determine the following topics are addressed:

1.17.4.1. Adolescent brain development;

1.17.4.2. Social media use and risk of victimization;

1.17.4.3. Health effects of vaping;

1.17.4.4. Crisis management and verbal de-escalation skills (priority topic);

1.17.4.5. Navigation of the juvenile justice system (priority topic);

1.17.4.6. Best practices regarding:

1.17.4.6.1. Teen runaway and reintegration (priority topic);

1.17.4.6.2. Management of problematic sexualized

behaviors; and

1.17.4.6.3. Restorative justice approaches to juvenile

justice; and

1.17.4.7. Other topics as determined by the Department or as

recommended by the Advisory Group.

v. 1.0 Page 5 of 17 Date: __________

1.18. The Contractor must create needed training materials and training courses in collaboration with CWEP to create additional training courses to launch, and/or provide recommendations to CWEP regarding content additions and/or improvements, for any topics listed in Section 1.17.4. that are not adequately covered; additional training courses and other new materials must be submitted for Department approval.

1.19. The Contractor must design, administer, analyze, and report on pre‑ and post‑training surveys for all participants in the foster caregiver training program, with guidance from the Advisory Group, in order to evaluate changes in participant knowledge, attitudes, and readiness as a result of the curriculum;

the surveys must assess topics that include, but are not limited to, the following:

1.19.1. Participant understanding related to the curriculum content, including caregiving responsibilities, child development, trauma‑informed care, behavioral support, and agency policies.

1.19.2. Participant comfort, openness, and capacity to support children with diverse backgrounds, needs, and experiences.

1.19.3. Participant core beliefs, caregiving motivations, and alignment with values that are essential for foster care.

1.19.4. Other survey domains and/or questions, as requested by the Advisory Group, such as emerging needs, program-specific priorities, or demographic information relevant to program evaluation.

1.20. The Contractor must:

1.20.1. Collaborate with CWEP to establish a schedule for the training curriculum, as specialized for new foster caregivers of justice involved teens;

1.20.2. Support the Department and assist with facilitating the training curriculum, as directed by the Department; and

1.20.3. Provide train-the-trainer training to CWEP of specialized training curriculum created through this contract scope.

1.21. The Contractor must analyze pre- and post-training survey responses and report the data to the Department on a quarterly basis in accordance with Section 1.34., Reporting. Data collected must include:

1.21.1. Training date and type;

1.21.2. Attendance numbers;

1.21.3. Pre- and post-training survey responses, expressed as a percentage increase or decrease; and

1.21.4. Curriculum components that trainers and/or trainees identify as confusing or problematic, if applicable.

v. 1.0 Page 6 of 17 Date: __________

1.22. The Contractor must connect potential foster caregivers to the Department for completion of criminal background checks.

1.23. The Contractor must support potential foster caregivers to understand implications of a criminal background.

1.24. The Contractor must support foster caregivers to understand and comply with foster license requirements, as outlined in NH Revised Statutes Annotated

(RSA) 170-E:51-53.

POST-TRAINING: ONBOARDING, SUPPORT, AND RETENTION

1.25. The Contractor must directly connect all prospective foster caregivers to the identified DCYF program specialist who will manage all placements as part of the Department’s Placement Exploration Team.

1.26. The Contractor must use the State’s management system to ensure consistency and seamless transition; currently, Smartsheet is in use, with an anticipated change to a Department case management application.

1.27. The Contractor must monitor and track progress of foster caregivers being onboarded and work with the Department regarding any delays and/or difficulties; progress milestones and characteristics to monitor and/or track include, but are not limited to:

1.27.1. Completion of the federal Criminal Justice Information Services (CJIS) background check.

1.27.2. Completion of state background check.

1.27.3. Completion of training curriculum.

1.27.4. Potential caregiver preferences for teen characteristics, such as gender, age, diagnoses, and known behaviors; changes in caregiver preferences must also be tracked, with a goal of increased caregiver flexibility for a range of teen characteristics.

1.27.5. Completion of training curriculum; following completion of the training curriculum, the Department will proceed with the necessary placement management.

1.28. The Contractor must work with foster caregivers to identify and problem-solve any pre-placement and/or placement-related barriers and challenges and provide support and encouragement during this process, as needed.

1.29. The Contractor must provide stipends to increase motivation and retention of foster caregivers throughout the length of the contract within a structure supported by the Department; cause for payment of stipends includes:

1.29.1. Completion of the training curriculum, following CWEP confirmation of training completion;

v. 1.0 Page 7 of 17 Date: __________

1.29.2. Placement of a justice involved teenager, following Department confirmation of placement; and

1.29.3. Other accomplishments, as determined applicable by the Contractor.

1.30. The Contractor must plan for the transition of recruiting, training, and supporting foster caregivers for justice involved teens to the Department for long-term sustainability following the end of the contract, collaborating with the Department and other stakeholders.

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

1.32. The Contractor may be required to participate in on-site reviews conducted by the Department on an annual basis, or as otherwise requested by the Department.

1.33. 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.

1.34. Reporting

1.34.1. The Contractor must submit annual reports with data that supports contract deliverables by October 31, 2027, and annually thereafter; the final annual report must be submitted no later than two (2) weeks prior to the Contract End Date. Annual reports must include, but are not limited to, the following aggregate, non-identifiable data:

1.34.1.1. Number of individuals who indicate interest in learning more about foster caregiving with justice involved teens.

1.34.1.2. Number of interested caregivers who enter onboarding.

1.34.1.3. Number of interested caregivers who complete training and licensing.

1.34.1.4. Number of foster caregiver homes available for placement.

1.34.1.5. Number of trainings created.

1.34.1.6. Summary of efforts toward:

1.34.1.6.1. Recruitment;

1.34.1.6.2. Incentives utilized; and

1.34.1.6.3. Average number of training hours completed by

interested foster caregivers.

1.34.1.7. Results of pre- and post-training surveys.

1.34.2. The Contractor must provide key data in a format and at a frequency specified by the Department for the following:

1.34.2.1. Depth and breadth of recruitment campaign;

v. 1.0 Page 8 of 17 Date: __________

1.34.2.2. Number of individuals who provide their name and contact information, indicating interest in serving as a foster caregiver for justice involved teens; and

1.34.2.3. Number of individuals who complete the foster caregiver training.

1.34.3. The Contractor may be required to provide other key data and metrics to the Department in a format specified by the Department.

1.35. Background Checks

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

1.35.1.1. A criminal background check, conducted at the

Contractor’s expense, and has no convictions for crimes that represent evidence of behavior that could endanger individuals served under this Agreement, including any of the following crimes:

1.35.1.1.1. Felony conviction; or

1.35.1.1.2. Any misdemeanor conviction involving:

1.35.1.1.2.1. Physical or sexual assault;

1.35.1.1.2.2. Violence;

1.35.1.1.2.3. Exploitation;

1.35.1.1.2.4. Child pornography;

1.35.1.1.2.5. Threatening or reckless conduct;

1.35.1.1.2.6. Theft;

1.35.1.1.2.7. Driving under the influence of

drugs or alcohol; or

1.35.1.1.2.8. Any other conduct that represents

evidence of behavior that could endanger the wellbeing of individuals served; and

1.35.1.2. 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

v. 1.0 Page 9 of 17 Date: __________

1.35.1.3. 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.

1.35.2. Unless the Contractor requests and obtains a waiver in writing from the Department, the Contractor must not hire any individual or approve any individual to act as a volunteer or subcontractor if:

1.35.2.1. The individual’s name is on the BAAS State Registry and/or DCYF Central Registry.

1.35.2.2. The individual has a record of any of the crimes in Section 1.35.1.1.

1.36. Confidential Data

1.36.1. 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.

1.36.2. 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.

1.37. Privacy Impact Assessment

1.37.1. 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:

1.37.1.1. How PII is gathered and stored;

1.37.1.2. Who will have access to PII;

1.37.1.3. How PII will be used in the system;

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

v. 1.0 Page 10 of 17 Date: __________

1.37.1.5. Privacy practices.

1.37.2. 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.

1.38. Department Owned Devices, Systems and Network Usage

1.38.1. If Contractor End Users, defined in the Department’s Information Security Requirements Exhibit that is incorporated into this Agreement, are authorized by the Department’s Information Security Office to use a Department issued device (e.g. computer, tablet, mobile telephone) or access the Department network in the fulfilment of this Agreement, each End User must:

1.38.1.1. Sign and abide by applicable Department and New

Hampshire Department of Information Technology (NH DoIT) use agreements, policies, standards, procedures and guidelines, and complete applicable trainings as required;

1.38.1.2. Use the information that they have permission to access solely for conducting official Department business and agree that all other use or access is strictly forbidden including, but not limited, to personal or other private and non-Department use, and that at no time shall they access or attempt to access information without having the express authority of the Department to do so;

1.38.1.3. Not access or attempt to access information in a manner inconsistent with the approved policies, procedures, and/or agreement relating to system entry/access;

1.38.1.4. Not copy, share, distribute, sub-license, modify, reverse engineer, rent, or sell software licensed, developed, or being evaluated by the Department, and at all times must use utmost care to protect and keep such software strictly confidential in accordance with the license or any other agreement executed by the Department;

1.38.1.5. Only use equipment, software, or subscription(s)

authorized by the Department’s Information Security Office or designee;

1.38.1.6. Not install non-standard software on any Department equipment unless authorized by the Department’s Information Security Office or designee;

1.38.1.7. Agree that email and other electronic communication messages created, sent, and received on a Department-issued email system are the property of the Department of

v. 1.0 Page 11 of 17 Date: __________

New Hampshire and to be used for business purposes only.

Email is defined as “internal email systems” or “Department-funded email systems.”

1.38.1.8. Agree that use of email must follow Department and NH DoIT policies, standards, and/or guidelines; and

1.38.1.9. Agree when utilizing the Department’s email system:

1.38.1.9.1. To only use a Department email address

assigned to them with a “@ affiliate.DHHS.NH.Gov”;

1.38.1.9.2. Include in the signature lines information

identifying the End User as a non-Department workforce member; and

1.38.1.9.3. Ensure the following confidentiality notice is

embedded underneath the signature line:

CONFIDENTIALITY NOTICE: “This message may contain information that is privileged and confidential and is intended only for the use of the individual(s) to whom it is addressed. If you receive this message in error, please notify the sender immediately and delete this electronic message and any attachments from your system. Thank you for your cooperation.”

1.38.1.10. Contractor End Users with a Department issued email, access or potential access to Confidential Data, and/or a workspace in a Department building/facility, must:

1.38.1.10.1. Complete the Department’s Annual

Information Security & Compliance Awareness Training prior to accessing, viewing, handling, hearing, or transmitting Department Data or Confidential Data.

1.38.1.10.2. Sign the Department’s Business Use and

Confidentiality Agreement and Asset Use Agreement, and the NH DoIT Department wide Computer Use Agreement upon execution of the Agreement and annually thereafter.

1.38.1.10.3. Only access the Department’s intranet to

view the Department’s Policies and Procedures and Information Security webpages.

v. 1.0 Page 12 of 17 Date: __________

1.38.1.11. Contractor agrees, if any End User is found to be in violation of any of the above terms and conditions, said End User may face removal from the Agreement, and/or criminal and/or civil prosecution, if the act constitutes a violation of law.

1.38.1.12. Contractor agrees to notify the Department a minimum of three business days prior to any upcoming transfers or terminations of End Users who possess Department credentials and/or badges or who have system privileges.

If End Users who possess Department credentials and/or badges or who have system privileges resign or are dismissed without advance notice, the Contractor agrees to notify the Department’s Information Security Office or designee immediately.

1.38.2. Workspace Requirement

1.38.2.1. If applicable, the Department will work with Contractor to determine requirements for providing necessary workspace and State equipment for its End Users.

1.39. Contract End-of-Life Transition Services

1.39.1. General Requirements

1.39.1.1. 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.

1.39.1.2. 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

v. 1.0 Page 13 of 17 Date: __________

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.

1.39.1.3. 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.

1.39.1.4. 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 be Services for purposes of this Agreement.

1.39.1.5. 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.

1.39.1.6. 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.

1.39.2. Completion of Transition Services

1.39.2.1. 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.

1.39.2.2. 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.

v. 1.0 Page 14 of 17 Date: __________

1.39.3. Disagreement over Transition Services Results

1.39.3.1. 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.

1.40. Website and Social Media

1.40.1. The Contractor must work with the Department’s Communications Bureau to ensure that any social media or website designed, created, or managed on behalf of the Department meets all Department and NH Department of Information Technology (DoIT) website and social media requirements and policies.

1.40.2. 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.

1.40.3. State of New Hampshire’s Website Copyright

1.40.3.1. 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

v. 1.0 Page 15 of 17 Date: __________ 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 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) https://www.dhhs.nh.gov/doing-business-dhhs/civil-right-compliance-dhhs-vendors

v. 1.0 Page 16 of 17 Date: __________ 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.”

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:

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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. Statistical, enrollment, attendance or visit records for each recipient of services, which records must include all records of application and eligibility (including all forms required to determine eligibility for each such recipient), records regarding the provision of services and all invoices 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.