i.introduction - web viewthis request for proposals (rfp) is issued by the new hampshire judicial...

State of New HampshireJudicial Branch

REQUEST FOR PROPOSALS RFP 2018-DC-01

FOR

DRUG COURT CASE MANAGEMENT SYSTEM

February 27, 2018

NEW HAMPSHIRE JUDICIAL BRANCHDRUG COURT CASE MANAGEMENT SYSTEMRFP 2018-DC-01

Table of Contents

I. INTRODUCTION.............................................................................................4

II. SCHEDULE....................................................................................................4

III. BACKGROUND............................................................................................4A. The New Hampshire Judicial Branch......................................................................................4B. The New Hampshire Statewide Drug Court Program...........................................................5C. Evaluation and Data Collection of Drug Courts in New Hampshire....................................6

IV. PROPOSED SCOPE OF WORK.................................................................7A. Covered Drug Courts.................................................................................................................7B. Scope of Services........................................................................................................................7C. Business Requirements..............................................................................................................8D. System Design...........................................................................................................................16E. Payment Schedule....................................................................................................................17F. Budget.......................................................................................................................................18

V. PROPOSAL PROCESS..............................................................................18A. Proposal Submission, Deadline, and Location Instructions.................................................18B. Proposal Inquiries....................................................................................................................19C. Restriction of Contact with New Hampshire Judicial Branch Employees.........................19D. Validity of Proposal.................................................................................................................19

VI. CONTENT AND REQUIREMENTS FOR A PROPOSAL....................20A. Terms and Requirements........................................................................................................20B. Content and Format.................................................................................................................21

VII. EVALUATION OF PROPOSALS..........................................................25A. Criteria for Evaluation and Scoring.......................................................................................25

2


B. Planned Evaluations................................................................................................................26C. Initial Screening.......................................................................................................................27D. Oral Interviews and Product Demonstrations......................................................................27E. Final Scoring of Proposals.......................................................................................................27F. No Best and Final Offer...........................................................................................................27G. Final Selection..........................................................................................................................27H. Rights of the NHJB in Accepting and Evaluating Proposals...............................................28

VIII. TERMS AND CONDITIONS RELATED TO THE RFP PROCESS....28A. RFP Addendum........................................................................................................................28B. Non-Collusion...........................................................................................................................28C. Property of the NHJB..............................................................................................................28D. Confidentiality of a Proposal..................................................................................................28E. Public Disclosure......................................................................................................................29F. Non-Commitment.....................................................................................................................29G. Proposal Preparation Cost......................................................................................................29H. Challenges on Form or Process of the RFP...........................................................................29I. Compliance...............................................................................................................................30

IX. CONTRACT TERMS AND AWARD.......................................................30A. Non-Exclusive Contract...........................................................................................................30B. Standard Contract Terms.......................................................................................................30

APPENDIX A.........................................................................................................31

3


I. INTRODUCTION

This request for proposals (RFP) is issued by the New Hampshire Judicial Branch (NHJB) through the Administrative Office of the Courts (AOC) to solicit proposals to provide the NHJB with a statewide Database / Case Management Software as a Service (SaaS) solution. Proposals from vendors will provide the NHJB and the State Drug Court Advisory Group with a single application software program, herein referred to as the Drug Court Case Management System (DCCMS) to support drug court case processing and to provide a performance evaluation tool for drug courts in the State of New Hampshire.

It is anticipated that the contract resulting from this RFP will be for a period of one year (12 months) with the ability of the NHJB to extend for up to two (2) additional years, contingent upon satisfactory vendor performance and continued funding.

II. SCHEDULE

The following table provides a Schedule of Events for this RFP through contract finalization and Notice to Proceed. NHJB reserves the right to amend this Schedule at its sole discretion and at any time through a published Addendum.

EVENT DATE LOCALTIMERFP Released to Vendors (Advertisement) 2/27/18 9:00 AMVendor Inquiry Period Ends 3/15/18 5:00 PMFinal NHJB Responses to Vendor Inquiries 3/19/18 5:00 PMVendors Submit Proposals 3/26/18 4:00 PMEstimate Timeframe for Vendors Oral Presentations

and Interviews4/9/18 TBD

Estimated Notification of Selection and Begin Contract Negotiations

4/23/18

III. BACKGROUND

A. The New Hampshire Judicial Branch

NHJB is a constitutionally separate but co-equal branch of government within the State of New Hampshire. NHJB consists of the Supreme Court, Superior Court and Circuit Court. The AOC provides financial, technical, and administrative support services to the judges, clerks, and staff who work throughout the NHJB.

4


NHJB’s mission is:

[t]o preserve the rule of law and protect the rights and liberties guaranteed by the United States and New Hampshire Constitutions, the courts will provide accessible, prompt, and efficient forums for the fair and independent administration of justice, with respect for the dignity of all we serve.

Additional information regarding NHJB is located at: www.courts.state.nh.us.

B. The New Hampshire Statewide Drug Court Program

In 2017, the New Hampshire General Court passed SB 464 to establish a statewide drug offender program. This legislation provided funding to the NHJB to continue or establish a drug court or alternative drug offender program at each of 11 superior court locations. Additional information related to the NHJB’s statewide drug court program is located at:www.courts.state.nh.us/drugcourts.

A drug court in New Hampshire is defined as a highly structured intervention process for Substance Use Disorder treatment of eligible defendants that brings together treatment professionals, local social programs and intensive judicial monitoring and that follows the key components of drug courts published by the Drug Court Program Office of the United States Department of Justice and Adult Drug Court Best Practice Standards.

The drug courts currently operational in the state are:

Jurisdiction Approx. # of participants as of 12/2017

Type Start Date

Belknap County Superior 15 Adult Felony January 2013

Carroll County Superior 0 Adult Felony February 2018

Cheshire County Superior 22 Adult Felony June 2013

Coos County Superior 0 Adult Felony February 2018

Grafton County Superior 17 Adult Felony May 2007

Hillsborough North Superior 60 Adult Felony November

2016

5


Hillsborough South Superior

53 Adult Felony August 2014

Merrimack Superior 30 Adult Felony October 2017

Rockingham Superior 31 Adult Felony March 2011

Strafford Superior 74 Adult Felony November 2004

Each drug court is authorized to determine an individual’s eligibility for admission subject to certain restrictions. The drug court may request a potential client to submit to a legal/pre- admission screening, a clinical pre-screening assessment and risk assessment, to waive certain procedural rights, and to enter a guilty plea or admission of responsibility prior to entering the program. Under certain circumstances, criminal offenders may be eligible for discharge and dismissal of proceedings upon successful completion. A drug court is required to provide the participant with:

Consistent, continual, and close monitoring and interaction between the court, treatment providers, probation, and the participant.

Random testing for the presence of any controlled substance. Periodic evaluation assessments of the participant’s circumstances and progress

in the program. A strategy of appropriate and graduated, but immediate, rewards for

compliance, sanctions for non-compliance, and treatment adjustment for therapeutic progress or setbacks.

Substance abuse treatment services, relapse prevention services education, and vocational opportunities as appropriate and practical.

C. Evaluation and Data Collection of Drug Courts in New Hampshire

Historically, few drug courts in New Hampshire have acquired drug court case management systems to meet local needs. Instead they have kept records though other electronic, usually manual, means. In February 2017, the Drug Court Coordinators and State Drug Court Advisory Group began formulating plans for a statewide strategic plan for evaluating programs. During that meeting it became apparent that an effective statewide and local evaluation process would require consistent and accurate data to be collected from all the state’s drug court programs. The group concluded that the development of a single application to support New Hampshire drug court case management needs was the best option. The anticipated benefits of this strategy are:

Improve the ability to effectively track drug court client progress through the program.

Increase the quality and quantity of data for evaluation purposes to meet statutory requirements for performance evaluation.

Reduce system acquisition and maintenance costs through central system hosting and maintenance.

6


Track statewide and local trends in our Drug Court programs for evaluation.

Most importantly, however, there is currently no effective way at the state level to measure whether drug courts are successful, e.g., have they met measurable public policy goals? These objectives include such items as:

Reducing recidivism Reducing substance abuse Restoring family involvement Increasing the number of family reunifications Reducing prison and jail commitments

Generally, the new information system must be able to satisfy several functional objectives that are identified in more detail later in this RFP. This includes tracking an individual through the initial court adjudication, petition for and acceptance into the drug court program, monitoring an individual throughout drug court until graduation, and post-graduation tracking. System design should allow for data and information sharing with other court case management systems at a later phase of this overall project. Future design should also allow for data and information exchange with onsite automated lab systems.

IV. PROPOSED SCOPE OF WORK

A. Covered Drug Courts

All existing drug courts within the New Hampshire Superior Court as well as any new drug courts implemented.

B. Scope of Services

The NHJB is seeking a vendor to provide the following products and services in a fixed price contract to implement a fully functional Drug Court Case management system which meets or exceeds the requirements and design concepts and features described in this RFP.

The NHJB requires a web based SaaS solution fully supported and managed by the selected vendor. Each vendor must describe its connectivity requirements, topology and technical requirements for the proposed solution to operate successfully. Each vendor shall provide managed support for its application pre and post production. The phases/responsibilities include:

Review and clarification of the Requirements and General Design in this RFPLed by vendor with NHJB staff involvement and signoff

Develop Detailed Design/ConfigurationLed by vendor with NHJB staff involvement and signoff

Construct/Configure and Unit Test the system

7


Performed by vendor Develop a Test Plan

Led by vendor with NHJB staff involvement and signoff Perform System Testing and Regression Testing of Corrected Bugs and

Identified Missing RequirementsLed by vendor with NHJB business staff involvement and signoff

Perform User Acceptance Testing and Regression Testing of Corrected Bugs and Identified Missing RequirementsPerformed by vendor

Perform Implementation by the fixed contract end date Provide a 120 calendar day warranty period beginning on fixed contract end

date

C. Business Requirements

1. The system must provide the capability to Collect/Document Initiating Court Event, from the Court Dispositional Documents. The ability to transfer data from other case management systems at case initiation is not required in the initial release, but should be anticipated in the future.

2. The system must auto generate a unique case ID for the submission (Each case referral assigned an internal case ID number or system number for program evaluation when de-identifying )

3. The system must allow for quick and easy configuration for all case types. This must include items such as navigation, look and feel, fees, questions, forms, alerts, business rules/court policy, etc.

4. The system must allow for quick and easy configuration of drop down pick lists.5. The system must have a common, consistent end user Web interface.6. The system must provide a consistent and user-friendly interface that allows for rapid

data entry for the user to enter, review and process cases.7. The system must provide a user interface that operates in the same manner for similar

functions with the same look and feel, and support consistent data entry and maintenance.

8. The system must provide a user interface which minimizes screen scrolling as much as possible.

9. The system must provide the capability to mark or highlight all required data items on a data entry page.

10. The system must provide the capability to prevent read-only data items from being modified.

11. The system must provide the capability to highlight input errors (e.g. missing data, incorrect format, DOB is in the future) and prompt user for correction.

12. The system must provide the capability to display clear error messages that can help a user understand and resolve the encountered error.

13. The system must provide proper validation to prevent invalid data from being entered or saved in the system.

8


14. The system must provide the capability to prompt the user to save or cancel if user attempts to log out of system with unsaved changes.

15. The system must provide the capability to dynamically display functions and capabilities consistent with the user's privileges (e.g. Add, View, Edit, Delete).

16. The system must provide the capability to display dynamic dropdown pick lists, where the value chosen from one list determines the list of values on another list.

17. The system must provide the capability to alert the user of certain special conditions (e.g. this is a sealed document).

18. The system must provide the capability to provide data entry formatting in applicable input fields (e.g. phone number, DOB). The system must allow for both calendar widget pick as well as direct data entry in the fields.

19. The system must provide the capability to prompt the user for confirmation upon a user requested "save" or "cancel" action.

20. The system must provide the capability to alert a user if an attempt is made to exit the screen without saving data.

21. The system must provide administrative functions allowing authorized users to delete a user but retain all history associated with the user's activity.

22. The system must provide for the capability to designate users as administrators and to change those who have that designation by a super administrator.

23. The system must provide administrative functions allowing authorized users to lock a user out of the system or unlock a user to allow user to re-gain access.

24. The system must provide for role based access control - only authorized users will be able to see or view certain information (e.g. sealed documents).

25. The system must provide administrative functions allowing authorized users to manage users' access rights. The administrative functions will include, but not be limited to, grant/revoke security roles to/from a user, view granted roles (group) and associated access rights, search user by pre-defined search criteria.

26. The system must provide the capability to ensure screens, functions, or menu items are only visible to authorized users.

27. The system must provide the capability to ensure that sensitive or confidential information on any displayed page is only viewable by users with the required authorization.

28. The system must allow for configuration and management of code values for the Drug Court system.

29. The system must provide the capability to allow authorized administrators to maintain code values used to configure the proper functioning of the application.

30. The system must provide the capability to allow authorized administrators to expire codes for future selection without impacting cases already using these codes.

31. The system must provide the capability to set future effective dates for codes.32. The system must provide the capability for courts to share the same code values if so

desired.33. The system must provide the capability to search code tables.34. The system must provide the capability to modify description of codes without

impacting cases using these codes.

9


35. The system must provide the capability to allow each organization unit (e.g. different drug court) to set up and maintain their own code values based on their specific needs.

36. The system must allow for staff to be able to enter by code description or by code (e.g. 1st Degree Murder or 630:1-a) and have the system auto-populate the required code values or description depending on what is entered.

37. The system must provide the capability to support searching by metadata (e.g. case type, case ID, transaction ID, case name, filing date).

38. The system must allow the user to configure how many search results they can view per page.

39. The system must provide the capability to support simple and advanced searches (or quick and complex searches).

40. The system must provide the capability to sort search results based on relevancy.41. The system must allow users to perform searches using a combination of search criteria.42. The system must provide the capability to filter search results.43. The system must support wild card search and exact match search.44. The system must allow for search results to be saved in other file formats like PDF or

Excel.45. The system must allow for applying same update to multiple cases/apply mass update.46. The system must provide the capability to copy case data to create a new case.47. The system must create data entry defaults including, but not limited to, dates. 48. The system must have a mechanism for sorting out any subgroups or subset of offenders

using any combination of the variables in the data system.49. The system must have the ability to sort out any subgroups for evaluation following

standard Boolean logic.50. The system must have the ability to have at least two separate subgroups actively

available for analysis at the same time.51. The system must have the ability to describe the frequency and percent of offenders

having each coding value for any categorical variables in any selected subgroup.52. The system must have the ability to graphically display the coding values for any

categorical variables in any selected subgroup as a horizontal bar chart ranked from highest to lowest frequency/percent without requiring the subgroup to be resorted.

53. The system must have the ability to describe the mean, standard deviation, and range for each continuous variable in any selected subgroup.

54. The system must have the ability to graphically display the distribution of values in any subgroup for any continuous variable as a histogram without requiring that the subgroup be resorted.

55. The system must have the ability to calculate the difference between any selected subgroups for any categorical variable.

56. The system must have the ability to calculate the difference between any selected subgroups for any continuous variable using a t-test without requiring that the subgroups be resorted.

57. The system must have the ability to calculate the difference between subjects at time one and subjects at time two for any continuous variable using a paired t-test without requiring that the subgroups be resorted.

10


58. The system must have the ability to calculate the difference between the time offenders in any selected subgroups remains drug free or out of jail using an actuarial censored life table methodology.

59. The system must have the ability to graphically display the survival curves for any subgroups without requiring that the subgroups be resorted.

60. The system must have the ability to function on mobile applications, for both participants that link their case, drug tests, schedule appointment.

61. The system must have the ability for staff to have a mobile app for alerts about participants missing appointments, home visits, and data entry.

Referral and Admission Process

62. The system must provide the capability to capture data related to referral and admission process for each offender. Data such as, but not limited to, referral origin or source and date, referral party data (related parties), screening dates (legal & clinical), acceptance or denial date, exit status (graduated, terminated, transferred etc.).

63. The system must provide the capability to capture demographic (gender, race, ethnicity DOB, etc.) and other characteristics of offenders admitted to drug court, such as, but not limited to, age, gender, severity of substance use, education, employment history, military, family information (including extended family),health information (physical and mental), welfare, housing, child support obligations, income level, address/phone number, name and aliases, initial and plead charge, sentencing information, digital picture, insurance information etc.

64. The system must provide the capability to capture Intake/Placement data such as, but not limited to, assessment instruments (ASAM Level care, DSM diagnosis, GAINS, etc.), screening tools used to determine drug court eligibility, criminal history, risk assessment (date, level, type – ARAS, LSIR, etc.), history of use/abuse of a controlled substance or alcohol, special circumstances, etc.

65. The system must provide the capability to capture data for program operations/treatment received such as, but not limited to, date of entering the program, date of removal from the program, data of completion, number of drug tests, results of drug tests, details of outpatient visits while in program, residential treatment details etc.

66. The system must provide the capability to run standard and custom ad-hoc reports related to program operations/treatment received.

67. The system must provide the capability to capture dates related to outcomes associated with participation in drug treatment court program such as, but not limited to, program outcome (graduated, terminated), participant education and employment details upon entry and completion etc.

68. The system must provide the capability to capture data related to participants’ security and alerts at party level such as, but not limited to, Warrant details, Protection Order, Sex Offender List, New Crimes, Phase details.

Case Management and Document Generation

11


69. The system must provide the capability to generate on-demand certificates (graduation certificate, phase advancement etc.).

70. The system must provide the capability to configure program phases.71. The system must provide the capability to track program phases.72. The system must provide the capability to generate Notices (drug test, court hearing etc.)73. The system must provide the capability to generate Status Summary screens.74. The system must provide the capability to generate Payment Reminder letters.75. The system must provide the capability to generate Non-compliance reports.76. The system must provide the capability to generate Participant consent forms.77. The system must provide the capability to capture data sanctions/incentives/therapeutic

adjustments imposed during the program such as, but not limited to, sanction details, alternative sanctions applied, reward received during the program, incarceration in jail during the program etc.

78. The system must provide the capability to capture date for terminated / sentences imposed such as, but not limited to, termination type, sentence received, etc.

79. The system must provide the capability to capture date for subsequent charges and recidivism rates of participants such as but not limited to charge details (docket number, degree, offense, offense date, offense time, disposition date, court etc.)

80. The system must provide the capability to capture Incentive data such as, but not limited to, incentive type, program phase when the incentive was received etc.

81. The system must provide the capability to capture data for compliance/supervision/treatment tracking - Including ability of treatment providers to update record such as, but not limited to, supervisors, treatment providers, treatment history, test results, program attendance, sanctions, incentive and therapeutic adjustments etc.

82. The system must provide the capability to secure case notes. 83. The system must provide the capability to docket case events such as, but not limited to,

show cause orders, pleadings etc.84. The system must provide the capability to capture data related to scheduling/calendaring

such as, but not limited to, scheduled court hearings details like date, outcome, parties present, etc.

85. The system must provide the capability to capture data related to accounting/bookkeeping such as, but not limited to, amount ordered, fee, restitution, receivables, payments, balances, social/personal information etc.

86. The system must provide the capability to calculate weekly fee based on total fee & duration.

Management Reports

87. The system must support standard (pre-defined) and ad hoc (user determined run-time parameters (e.g. execution dates)).

88. The ad hoc reporting system should be user-friendly with GUI-based screen(s) for creating customized reports without the need for in-depth knowledge of SQL or the database schema.

12


89. The system must provide the capability to schedule reports to run at specific time.90. The system must provide the capability to download report data to PDF, Word or Excel.91. The system must provide the capability to provide operational information and

aggregate statistics that meet federal requirements.92. Reports must include, but not limited to, the following:

User determined run-time parameters (e.g., execution dates, etc.) Status conference reports Supervision reports Judge Comments report (with demographic, weekly notes, incentives,

sanctions, therapeutic adjustments, probation parole notes, drug tests, etc.) Number referred – report Number referred aggregated by gender– report Number/percent of referrals screened– report Number/percent of referrals admitted– report Total/percent of referrals not admitted, aggregated by reasons for non-

admission– report Total/percent of referrals not admitted aggregated by gender– report Average days between arrest and referral or appointment of counsel– report Average days between arrest and screening for drug-court– report Average days between entering program and first treatment visit– report Average and actual days from entering program to removal - report Average and actual days from entering program to completion - report Average and actual days from entering program to removal or completion

(combined) - report Average and actual number of drug tests - report Average and actual number of drug tests that are positive, negative,

adulterated, etc. - report Average number of outpatient visits while in program (if applicable) -

report Average days in residential treatment while in Drug Treatment Court (if

applicable) - report Average number of Drug Treatment Court hearings per participant - report Number/percent of participants employed while in the program - report Average days from entering program to removal - report Average days from entering program to completion - report Average days from entering program to removal or completion (combined)

- report Average number of outpatient visits while in program (if applicable) -

report Average days in residential treatment while in Drug Treatment Court (if

applicable) - report Average number of Drug Treatment Court hearings per participant - report Number/percent of participants employed while in the program - report MAT referred, prescribed, denial, declined, completion, discharged - report

13


Number/percent of those admitted who graduate from the program - report Number/percent of those admitted who are terminated from the program -

report Total number terminated, aggregated by reasons for termination - report Number/percent of participants who had no high school diploma upon

entry, and the - report number/percent of those who started or earned their GED or equivalent while in the program - report

Number/percent of participants unemployed upon entry to the program, and the number/percent of those who were employed upon completing the program - report

Number/percent of participants employed part-time upon entry, and the number/percent of those who were employed full-time upon completion - report

Number of people who were in custody - report Average age of those admitted to program – report Number/percent of those admitted aggregated by gender – report Number/percent who have a mental health diagnosis at entry – report Number/percent who ever received mental health treatment before entering

drug court – report Number/percent who ever received alcohol and drug treatment before

entering drug court – report Number/percent aggregated by primary drug of choice – report Number/percent of primary diagnosis – report Number/percent of insurance and type upon entry – report Total admitted aggregated by type of offense (by offense category) – report Must be able to produce an open case report Percent of participants who serve time in jail as a sanction while in the

program, aggregated by the reasons for sanctions For those who serve time, the average days served per participant For those who serve time, the average number of incarcerations in jail

during the program Alternative sanctions applied and rewards received during program Total number terminated, aggregated by type and sentence received Number/percent of participants who had new charges (docket #, degree,

offense, offense date, disposition date, court) while in drug court Individual records detailing the nature and timing of charges during drug

court Number/percent of participants who had charges after completing or being

terminated from drug court Individual records detailing the nature and timing of charges filed after

drug court ID and change supervisors/treatment providers Treatment history by condition Test results

14


Program attendance Sanctions, incentives, and therapeutic adjustments

Administrative

93. The system must provide the capability to run Usage statistics report.94. The system must provide the capability to run Performance metrics.95. The system must provide the capability to run Error reports.96. The system must provide the capability to reopen cases.97. The system must provide the capability to transfer cases.

Data Archiving/Retrieval

98. The system must provide the capability to archive cases.99. The system must provide the capability to retrieve archived cases.100. The system must provide the capability to seal and expunge cases.101. The system must provide the capability to unseal/un-expunge.102. The system should provide the capability to capture data related to bail bond processing

such as, but not limited to, bond amount, type, posted by, bond status etc.103. The system should be able to populate automatic time standards.

Querying/Inquiry (ad hoc)

104. The system should be able for users to perform ad hoc database inquiries; create and generate reports.

105. The system should be able for state coordinator to perform ad hoc inquiries for all or some programs.

Data Analysis Component

106. The system should include a minimum set of data analysis tools that will provide managers, administrators, and evaluators with the ability to interactively analyze drug court data and provide appropriate reports. The data system must be thoughtfully designed to ensure that these required functions are available and work efficiently (i.e., in real time). For high level analyses (e.g., multiple regression, Cox regressions) the system must be designed to easily export data into a format for analysis in advanced statistical software.

107. The system could include the ability to analyze each individual program compared to NADCP Best Practice Standards Vol I and II, with the ability for statewide evaluation.

Other System Requirements

108. The system must provide the capability to provide onscreen support/help.109. The system must provide the capability to provide compliance with HIPAA, CJIS and

15


all federal and state privacy and security standards (CFR 42 Part 2).110. The system must provide onscreen support/help.111. The system must allow supervisory data entry/modification overrides.112. The system must provide the capability to allow users to assign function keys.113. The system must provide the capability to allow users to navigate anywhere in the

system by a single command from anywhere in the system.114. The system must provide the capability to allow users to have at least two sessions open

at the same time.115. The system must provide the capability to allow system/user defined popup windows.116. The system must provide the capability to allow local customization of screening and

assessment tools.

D. System Design

The Drug Court Case management system shall have the following technical requirements and design concepts:

1. Public facing website; Zero footprint without any client dependencies, not requiring any Plug-ins / Active X controls.

2. Must be ADA compliant.3. The application must support a wide variety of browsers including, but not limited to,

Microsoft Internet Explorer, Firefox, Google Chrome, and Safari.4. Must be HTML5 compliant.5. Rights and privileges shall be assigned to users, groups and roles by an administrator.6. The user interface shall dynamically reflect functions and capabilities that are consistent

with the user's rights and privileges.7. Basic activity logging, recording, and storage functionality to be configured. The

solution should maintain logs of all user activity and provide an administrator access to the logs. Archival logging can be configured.

8. The application should provide a configurable user interface layer that will allow foresight branding.

9. The response time for any data query shall be no more than 3 seconds. 10. The response time for any image query data shall be no more than 3 seconds.11. The response time for data inserts or updates shall be no more than 3 seconds.12. The system shall provide processing visual displays indicating that the system is in the

process of responding to the user's request, including a status percentage bar to indicate when a function will be completed. Individual percentages should be displayed for multiple uploads.

13. The system shall prevent inadvertent multiple processes such as, but not limited to, a user clicking a submit button twice, a user clicking the back button, etc.

14. The system will support limiting quotas for file sizes, etc.15. Any software upgrades will be backward compatible with existing interfaces.16. The software shall support and provide the ability for user notification of events. 17. The system must monitor data base deletes/changes/modifications.

16


18. Login credentials shall be encrypted.19. The application shall support strong password techniques.20. The application shall support virus and malware scanning with latest definitions of all

uploaded documents.21. The application shall provide a secure mechanism for password resets.22. The application shall support both a manual and automatic registration process.23. The application shall support role based security.24. The application is safe guarded against SQL or ANSI-compliant database

vulnerabilities.25. The vendor will follow best practices & standards for SAAS 95 physical security.26. The vendor will provide an intrusion protection system (IPS) and intrusion detection

system (IDS).27. The vendor will follow best data loss prevention practices.28. The application must support Secure (HTTPS).29. All API exposed for integration with other application shall be Web Services

conforming to Industry Standards.30. The application can support Universal Description, Discovery and Integration (UDDI).31. The application provides Web Services Description Language (WSDL) for all of its

interfaces.32. The application supports at least NIEM 2.0 for its message schemas.33. The application complies with United States Section 508 accessibility requirements.34. The application complies with Web Content Accessibility Guidelines (WCAG) 2.0.35. Any financial transactions must adhere to Payment Card Industry (PCI) Compliance

Standards.36. The application can support an Active-Active High Availability configuration.37. The application can run on 32 bit and 64 bit operating systems.38. Scanning capability for paper forms returned from the public who do not have Internet

access.39. The solution shall natively support the storage and display of all the common file

formats including but not limited to HTML JPEG, TIFF, RTF, PDF, PDFA, Text, MS Word, MS Excel, etc..

40. The solution should support a configurable data retention policy that is comprehensive to both data and images.

E. Payment Schedule

a. NHJB will pay 20% of implementation cost upon completion of User Acceptance testing milestone referenced in section B - - Scope of Services

b. NHJB will pay 60% of implementation cost upon completion of all tasks in section B except for work covered under the warranty period.

c. NHJB will pay 20% of implementation cost upon successful completion of the warranty period referenced in section B.

17


Funding and time periods presented here are subject to change. Continuance of contract payments is contingent upon the availability and continued appropriation of funds.

F. Budget

The Budgets submitted must represent the total program cost; the NHJB will not provide reimbursement for any operational or other costs outside of the budget. Supporting information shall be provided in sufficient detail so that the NHJB can clearly understand the reasonableness of the cost proposal.

V. PROPOSAL PROCESS

A. Proposal Submission, Deadline, and Location Instructions

Proposals submitted in response to this RFP must be received by the NHJB, no later than the time and date specified in the Schedule of Events section, herein. Proposals may be submitted by U.S. Mail, Delivery Service, and E-mail. Proposals must be addressed to:

New Hampshire Judicial BranchAdministrative Office of the CourtsAttn: Lisa MerrillOne Granite Place, N400Concord, NH 03301

An electronic copy of proposals with all related documents is also required and shall be delivered to Lisa Merrill at [email protected]

Proposals must be clearly marked as follows:

NEW HAMPSHIRE JUDICIAL BRANCHRESPONSE TO RFP 2018-DC-01DRUG COURT CASE MANAGEMENT SYSTEM

Unless waived as a non-material deviation in accordance with Section IV, late submissions will not be accepted and will be returned to the proposers unopened. Delivery of the Proposals shall be at the Proposer’s expense. The time of receipt shall be considered when a Proposal has been officially documented by the NHJB, in accordance with its established policies, as having been received at the location designated above. NHJB accepts no responsibility for mislabeled mail or mail that is not delivered or undeliverable for whatever reason. Any damage that may occur due to shipping shall be the Proposer’s responsibility.

All Proposals submitted in response to this RFP must consist of at least: One (1) original and five (5) clearly identified copies of the Proposal, including all required attachments.

18

mailto:[email protected]


B. Proposal Inquiries

All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, and any changes to the RFP, shall be submitted via email to the following RFP designated Point of Contact: Alex Casale at [email protected].

Inquiries must be received by the NHJB’s RFP Points of Contact no later than the conclusion of the Proposer Inquiry Period (see Schedule of Events section, herein). Inquiries received later than the conclusion of the Proposer Inquiry Period shall not be considered properly submitted and may not be considered.

All inquiries about the RFP, including but not limited to requests for clarification, additional information or any changes to the RFP, must be made in writing, citing the RFP page number and part or subpart.

The NHJB intends to issue official responses to properly submitted inquiries on or before the date specified in the Schedule of Events section, herein; however, this date is subject to change at the NHJB’s discretion. The NHJB will post written answers at the Drug Court website at: www. courts.state.nh.us/drugcourts .

The NHJB may consolidate and/or paraphrase questions for sufficiency and clarity. The NHJB may, at its discretion, amend this RFP on its own initiative or in response to issues raised by inquiries, as it deems appropriate. Oral statements, representations, clarifications, or modifications concerning the RFP shall not be binding upon the NHJB. Official responses by the NHJB will be made only in writing by the process described above.

C. Restriction of Contact with New Hampshire Judicial Branch Employees

From the date of release of this RFP until an award is made and announced regarding the selection of a vendor, all communication with personnel employed by or under contract with the NHJB regarding this RFP is forbidden unless first approved by the RFP Point of Contact listed in the Proposal Inquiries section, herein. NHJB employees have been directed not to hold conferences and/or discussions concerning this RFP with any potential contractor during the selection process, unless otherwise authorized by the RFP Point of Contact.

D. Validity of Proposal

Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of Proposals in Schedule of Events, or until the Effective Date of any resulting Contract, whichever is later.

VI. CONTENT AND REQUIREMENTS FOR A PROPOSAL

A. Terms and Requirements

19

https://www.courts.state.nh.us/drugcourts

mailto:[email protected]


Consistent with NHJB policy, the purpose of this RFP is to encourage free and open competition among vendors. Specifications, proposals, and conditions are designed to accomplish this objective, consistent with the NHJB needs and guidelines.

The vendor's signature on a proposal submitted in response to this RFP constitutes vendor's representations that:

1. All prices have been established without collusion with other eligible vendors and without effort to preclude the NHJB from obtaining the best possible competitive proposal.

2. Vendor is not aware of any potential conflicts of interest which might arise out of work performed or being performed for any other clients or contracts or due to a past or present relationship of any sort between employees or representatives of the vendor, and judges or non-judicial employees of the State of New Hampshire, except those conflicts of interest which have been fully disclosed in the response to the RFP.

3. Vendor will not offer any gratuity, service, or special benefit to any judge or non-judicial employee of the NHJB.

4. The NHJB shall not be held liable for any costs incurred by the vendor in the preparation of a proposal, or for work performed prior to the contract effective date. All costs of preparing a proposal in response to this RFP are to be borne by the vendor and may not be included in the proposal price.

5. The successful vendor is solely responsible for meeting all terms and conditions specified in this RFP, its proposal, and any resulting contract. The successful vendor may not subcontract any portion of the resulting contract to any other firm or person without the written approval of the NHJB.

6. All material received in response to this RFP will become the property of the NHJB and will not be returned to the vendor. The vendor selection committee may use any information elicited by this RFP to determine the solution that best meets the needs of the NHJB.

7. This RFP does not commit the NHJB to award a contract.

8. Documents, which constitute the contract between the parties, will include, as a minimum, this RFP, the vendor's response, the summary of negotiation, any and all additional materials submitted by the vendor, and the NHJB standard contract terms and conditions (Appendix A).

9. Any contract awarded as the result of the RFP will be originated by the NHJB. It shall be governed by the laws of the State of New Hampshire.

20


10. Vendor will provide the AOC with completed waivers that will enable the AOC to conduct criminal records checks of all personnel who will work on this project.

B. Content and Format

Proposals shall follow the following format and provide the required information set forth below:

1. Cover Page: The first page of a vendor's proposal must be a cover page displaying the following:

Response to RFP Drug Court Case Management System(RFP 2018-DC-01)Vendor's Name:Contact Person:Telephone Number:Address:Fax Number:Email Address:

2. All subsequent pages : All subsequent pages of a proposal must indicate the vendor’s name and page number.

3. Transmittal Letter:The transmittal letter must be brief and must be signed by a person authorized to commit the organization to perform the work specified in the RFP. It shall identify all materials and enclosures that comprise the proposal. The letter must also identify the individual who will serve as the vendor's representative in all matters relating to this RFP.

4. Table of Contents:The vendor must provide a table of contents with corresponding page numbers relating to each section of its proposal. The vendor must also provide a schedule of appendices if applicable.

5. Vendor Profile/Overview:

The vendor must provide the following information concerning the vendor and the personnel who will be assigned to this project.

a. This section must include a brief history of the vendor and a description of the vendor's present organizational structure including the number of years the company has been in business, the number of years the product proposed has been

21


on the market, the number of employees in the company, and the number of technical employees supporting this product.

b. A summary of any litigation, previous or outstanding, relating to vendor's performance of software services contracts, or an account of why this information is not provided.

6. Vendor Qualifications:

A vendor must provide the following information concerning a vendor's qualifications.

a. The names and curriculum vitae of each employee of the vendor who will work on this project, including but not limited to, experience, education, and professional qualifications.

b. The identity of the manager of this project, including his or her qualifications, highlighting similar projects successfully managed.

c. A complete and unedited list of customers that are currently operating the solution proposed in the vendor’s bid. Vendor shall provide contact information for all listed customers.

d. A complete and unedited list of customers that have operated the solution proposed in the vendor’s bid, in the past. Vendor shall provide contact information for all listed customers.

e. Vendors should provide corporate financial information i.e. Balance Sheet, Income Statement/Profit and Loss Statement including, but not limited to, audited company financial statements for the most recent three fiscal years. In addition, the NHJB requests a cover letter from the individual evaluating the financials to indicate if the financial data was audited, compiled, or reviewed. This information will be kept confidential if requested in the response to this RFP.

7. Certificate of Authority

Out-of-state vendors must have a valid Certificate of Authority, as required by New Hampshire law, RSA 293-A:15.03 Application for Certificate of Authority. The form for applying for a Certificate of Authority can be acquired through the New Hampshire Secretary of State's website at http://www.sos.nh.gov/corporate/corpforms2.html.

This requirement may be satisfied by applying for a Certificate of Authority immediately upon signing a contract to provide the services called for in this RFP.

8. Vendor’s Detailed Explanation of Proposed Solution

22


The Vendor’s Detailed Explanation of Proposed Solution(s) should include, but not be limited to, the following:

a. Detailed Response to section IV, Statement of Work

Vendors should respond to the complete list of functionality contained in Section IV. Vendors must respond to each individual item, specifying whether their product meets each requirement, fully, partially, or not at all. For requirements marked as partially met or not met at all, state whether functionality will be added to the solution as part of their response to this RFP.

b. Detailed Technical Information

The Detailed Technical information should include, but not be limited to,the following: detail of all the functional capabilities of the proposed solution, detailed description of any technical services proposed, detailed explanation of all performance capabilities and specifications, and software provided with the solution including:

i. Functional capabilitiesii. Warranties

iii. Support levelsiv. Explanation of the ownership rights to all proposed intellectual propertyv. Applicable license agreements and documents authorizing the vendor to

use the software product’s Source Codevi. Software Application Manuals

vii. A detailed explanation of any hardware environmental requirements for the proposed solution

c. Core Installation and Support

The Installation and Support information should include, but not be limited to, the following:

i. The number of NHJB employees estimated to maintain the function of the solution

ii. The training and skill levels anticipated for NHJB employeesiii. Detailed software maintenance planiv. Explanation of the service request response time(s)v. Service Level Agreements (SLA) to include hours of support for NHJB

constituents and hours of technical support for IT staff, performance commitments, and escalation policies, practices and contacts, and support services including performance guarantees

vi. Quality of workmanship and performance warranties

23


d. Disaster Recovery Plans

Vendor should include a recommended disaster recovery plan.

e. System Redundancy and Back-Up

Vendor should include a System Redundancy and Back-Up system and procedure plan.

f. Vendor’s Proposed Schedule

The response should include a projected written schedule based on the methodology steps outlined in section IV.

g. Documentation

Vendor should include an electronic copy of sample end-user manual or help documentation and an electronic copy of the system documentation.

h. Vendor’s Cost Proposal

The vendor shall provide in their bid, the following:

i. A written response to payment schedule contained in this RFP;ii. Their best total price for the specified services, software, and hardware or

other items with freight, delivery, installation, training (itemized); andiii. Proposal year 1 initial implementation and warranty costs; end of years 1

through 3 costs for annual maintenance and ongoing license costs, etc.; special ongoing enhancement and other pertinent rates. Vendors shall be clear in depicting which year each cost below added by the vendor is due:

1. Software Purchase Cost2. Annual Base License Cost (1 seat)3. Software Purchase Cost4. Annual Base License Cost (1 seat)5. Additional Cost Per Seat6. Integration Services Cost7. Conversion Cost of Tables/Data8. Annual Maintenance Cost – Years 1-3 delineated per year9. Hourly Consulting Services Enhancements Rate - Years 1-3

delineated per year10. % Discount Off Hourly Rate for Pre-Paid Annual Enhancements11. Total Cost to Implement plus Warranty12. Total Cost After Year 1 delineated by year13. Other Costs Not Listed Above delineated by year

24


The vendor selection committee reserves the right to review all aspects of the cost proposal for reasonableness, to request clarification of any part or parts of the cost proposal, and to negotiate cost terms. The NHJB encourages vendors to be as creative as possible regarding costs, as cost efficiency will be a consideration in selecting a vendor.

9. Risk Assessment

The vendor should address Risk Analysis. What internal and external factors could significantly negatively impact the probability of completing the project on budget?

The vendor should address Risk Mitigation. After understanding the scope of this RFP and the NHJB's desired outcome, what actions can be taken to mitigate the identified risk?

The vendor should address Risk Sharing. Are there opportunities for mutually beneficial risk sharing?

10. Supplemental Information

A vendor may furnish such supplemental information as the vendor believes will be valuable to the vendor selection committee in evaluating its qualifications, the qualifications of its personnel, and the merits of its proposal.

In this section a vendor may feature those elements of its firm, its personnel, or its proposal which distinguish it from other vendors likely to submit proposals. The vendor selection committee reserves the right to request additional information from any and all vendors during the vendor selection process. The vendor selection committee may require vendors or their representatives to make presentations to committee members concerning their proposals.

VII. EVALUATION OF PROPOSALS

A. Criteria for Evaluation and Scoring

Proposals will be evaluated and a vendor selected based upon the demonstrated ability of the vendor to satisfy the specifications of this RFP. The NHJB will not entertain bids from any vendor whose proposed DCCMS solution is not successfully operating in production in other courts. The vendor selection committee will consider the vendor's response to this RFP, vendor reference reports, vendor interviews, and any other material or information gathered by the vendor selection committee. The NHJB seeks the best quality software services, at the best rate and will not necessarily select the lowest priced vendor.

25


The NHJB reserves the right to reject any and all proposals and to negotiate the terms or price with any vendor and to include the results of these negotiations in a contract. The NHJB further reserves the right to seek clarification of any proposal or negotiate with any vendor.

The vendor selection criteria include, but are not restricted to: Vendor's responsiveness to this RFP Vendor's experience in providing similar software services Functionalities and ease of use in the solutions included in vendor’s

product line Vendor’s written response to payment schedule contained in this RFP Vendor’s Profile/Overview and Qualifications and Vendor's cost proposal.

If the NHJB determines to make an award, it will issue an “intent to negotiate” notice to a vendor based on these evaluations. Should the NHJB be unable to reach agreement with the selected vendor during Contract discussions, the NHJB may then undertake Contract discussions with the second preferred vendor and so on, or the NHJB may reject all proposals, cancel this RFP, or solicit new Proposals under a new acquisition process.

The NHJB will use a scoring scale of 100 points which will be distributed as set forth in the table below.

CATEGORIES POINTSVENDOR EXPERIENCE AND QUALIFICATION POTENTIAL

MAXIMUM POINTS25

PRICE PROPOSAL POTENTIAL MAXIMUM POINTS 25OVERALL PROPOSAL (INCLUDING REQUIREMENTS AND USER

SATISFACTION)40

INNOVATION 10

TOTAL POTENTIAL MAXIMUM POINTS AWARDED 100

The NHJB will select a vendor based upon the criteria and standards contained in this RFP and from applying the weighting in this section. Oral interviews and reference checks, to the extent they are utilized by the NHJB, will be used to refine and finalize scores.

B. Planned Evaluations

The NHJB plans to use the following process: Initial screening to ensure that the Proposals are in compliance with

submission requirements; Preliminary evaluation of the Proposals; Oral interviews and Product Demonstrations; Final Evaluation of Technical Proposals and scoring;

26


Select the highest scoring vendor and begin contract negotiation.

C. Initial Screening

The NHJB will conduct an initial screening step to verify vendor compliance with the technical submission requirements set forth in the RFP and the minimum content set forth in Section 6 of this RFP. The NHJB may waive or offer a limited opportunity to cure immaterial deviations from the RFP requirements if it is determined to be in the best interest of the NHJB.

D. Oral Interviews and Product Demonstrations

If the NHJB determines that it is appropriate, proposers may be invited to oral interviews and/or product demonstrations. The NHJB retains the sole discretion to determine whether to conduct oral interviews and how many interviews to conduct. Vendors are advised that the NHJB may decide to conduct interviews with less than all responsive vendors.

The purpose of oral interviews and product demonstrations is to clarify and expound upon information provided in the written Proposals. Vendors are prohibited from altering the basic substance of their Proposals during the oral interviews and product demonstrations. The NHJB may ask the vendor to provide written clarifications of elements in their Technical Proposal regardless of whether it intends to conduct Oral Interviews.

Information gained from oral interviews and product demonstrations will be used to refine technical review scores assigned from the initial review of the Proposals.

E. Final Scoring of Proposals

Following Oral Interviews, Product Demonstrations, Reference Checks (if appropriate) and/or review of written clarifications of proposals requested by the NHJB, the evaluation team will determine a final score for each Proposal.

F. No Best and Final Offer

The Proposal should be submitted initially on the most favorable terms which the vendor can offer. There will be no best and final offer procedure. The vendor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or the entire Proposal.

G. Final Selection

The NHJB will conduct a final selection based on the final evaluation of the proposals and begin contract negotiations with the selected vendor.

H. Rights of the NHJB in Accepting and Evaluating Proposals

The NHJB reserves the right to:27


Make independent investigations in evaluating Proposals; Request additional information to clarify elements of a Proposal; Waive minor or immaterial deviations from the RFP requirements, if

determined to be in the best interest of the NHJB; Omit any planned evaluation step if, in the NHJBs view, the step is not

needed; At its sole discretion, reject any and all Proposals at any time; and Open contract discussions with the second highest scoring vendor and so

on, if the NHJB is unable to reach an agreement on Contract terms with the higher scoring vendor(s).

VIII. TERMS AND CONDITIONS RELATED TO THE RFP PROCESS

A. RFP Addendum

The NHJB reserves the right to amend this RFP at its discretion, prior to the Proposal submission deadline. In the event of an addendum to this RFP, the NHJB, at its sole discretion, may extend the Proposal submission deadline, as it deems appropriate.

B. Non-Collusion

The vendor’s signature on a Proposal submitted in response to this RFP guarantees that the prices, terms and conditions, and Work quoted have been established without collusion with other vendors and without effort to preclude the NHJB from obtaining the best possible competitive Proposal.

C. Property of the NHJB

All material received in response to this RFP shall become the property of the NHJB and will not be returned to the vendor. Upon Contract award, the NHJB reserves the right to use any information presented in any Proposal.

D. Confidentiality of a Proposal

Unless necessary for the approval of a contract the substance of a proposal must remain confidential until the Effective Date of any contract resulting from this RFP. A vendor’s disclosure or distribution of Proposals other than to the NHJB will be grounds for disqualification.

E. Public Disclosure

The content of each vendor’s Proposal shall become public information upon the award of any resulting Contract. Any information submitted as part of a response to this request for proposal (RFP) may be subject to public disclosure under Right to Know law.

28


Accordingly, business financial information and proprietary information such as trade secrets, business and financials models and forecasts, and proprietary formulas may be exempt from public disclosure under Right to Know law. If you believe any information being submitted in response to this request for proposal, bid or information should be kept confidential as financial or proprietary information; you must specifically identify that information in a letter to the NHJB and must mark/stamp each page of the materials that you claim must be exempt from disclosure as “CONFIDENTIAL”. A designation by the vendor of information it believes exempt does not have the effect of making such information exempt. The NHJB will determine the information it believes is properly exempted from disclosure. Marking of the entire Proposal or entire sections of the Proposal (e.g. pricing) as confidential will neither be accepted nor honored. Notwithstanding any provision of this RFP to the contrary, vendor pricing will be subject to disclosure upon approval of the contract. The NHJB will endeavor to maintain the confidentiality of portions of the Proposal that are clearly and properly marked confidential. If a request is made to the NHJB to view portions of a Proposal that the vendor has properly and clearly marked confidential, the NHJB will notify the vendor of the request and of the date the NHJB plans to release the records. By submitting a Proposal, vendors agree that unless the vendor obtains a court order, at its sole expense, enjoining the release of the requested information, the NHJB may release the requested information on the date specified in the NHJB’s notice without any liability to the vendors.

F. Non-Commitment

Notwithstanding any other provision of this RFP, this RFP does not commit the NHJB to award a Contract. The NHJB reserves the right, at its sole discretion, to reject any and all Proposals, or any portions thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition process.

G. Proposal Preparation Cost

By submitting a Proposal, a vendor agrees that in no event shall the NHJB be either responsible for or held liable for any costs incurred by a vendor in the preparation of or in connection with the Proposal, or for Work performed prior to the Effective Date of a resulting Contract.

H. Challenges on Form or Process of the RFP

Any challenges regarding the validity or legality of the form and procedures of this RFP, including but not limited to the evaluation and scoring of Proposals, shall be brought to the attention of the NHJB at least five (5) business days prior to the Proposal Submission Deadline. By submitting a proposal, the vendor is deemed to have waived any challenges to the form or procedures set forth in this RFP.

I. Compliance

29


Vendors must be in compliance with applicable federal and state laws, rules and regulations, and applicable policies and procedures adopted by the NHJB currently in effect, and as they may be adopted or amended during the contract period.

IX. CONTRACT TERMS AND AWARD

A. Non-Exclusive Contract

Any resulting Contract from this RFP will be a non-exclusive Contract. The NHJB reserves the right, at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal.

B. Standard Contract Terms

The NHJB will require the successful bidder to execute a Contract using the Standard Terms and Conditions of the NHJB which is attached as Appendix A.

The Term of the Contract will be for (1) year from the date of approval. The contract term may be extended by an additional term of 2 years at the sole option of the NHJB, subject to the parties’ prior written agreement on terms and applicable fees for each extended term.

The NHJB may consider modifications of this form during negotiations. To the extent that a vendor believes that exceptions to the standard form contract will be necessary for the vendor to enter into the Agreement, the vendor should note those issues during the vendor inquiry period. The NHJB will review requested exceptions and accept, reject or note that it is open to negotiation of the proposed exception at its sole discretion. If the NHJB accepts a vendor’s exception the NHJB will, at the conclusion of the inquiry period, provide notice to all potential proposers of the exceptions which have been accepted and indicate that exception is available to all potential proposers. Any exceptions to the standard form contract that are not raised during the proposer inquiry period are waived. In no event is a vendor to submit its own standard contract terms and conditions as a replacement for the NHJB’s terms in response to this solicitation.

30


APPENDIX A

DRAFT NHJB CONTRACT TERMS

1. Release of Documents. This Agreement and all of its attachments shall become governmental records upon execution that may be subject to public disclosure in accordance with New Hampshire law. Any information that is private, confidential or proprietary must be clearly identified to the NHJB and agreed to in writing prior to signing the agreement.

2. Time of Performance. The term of the agreement shall be effective from the date of this agreement (“Effective Date”) through (DATE). If the Contractor performs services prior to the Effective Date, such work shall be at the sole risk of the Contractor, and in the event that this Agreement does not become effective, the NHJB shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed. The Contractor must complete all services by the completion date of (DATE).

3. Agreement Extension. Upon mutual agreement of the NHJB and the Contractor, this Agreement may be extended. In the event the NHJB extends the time of performance, the NHJB agrees to provide the Contractor notice of such intention to extend at least thirty (30) days in advance of the expiration of the time of performance or any subsequent extensions thereof.

4. Termination. Either party may terminate this Agreement by giving thirty (30) days written notice to the other party prior to the date on which such termination is to take effect. Upon termination, the Contractor shall submit an invoice and the NHJB agrees to pay for time and services rendered as of the termination date.

5. Services. (Outline services here)

6. Compensation and Method of Payment. Payment under this Agreement is contingent upon the availability of funds appropriated to the New Hampshire Judicial Branch. The NHJB shall not be liable for payments under this Agreement except from such funds. In the event any portion of those funds become unavailable for these purposes, the NHJB may, at its option, cancel this agreement effective immediately and without penalty, and without recourse by the Contractor.

OUTLINE PAYMENT TERMS HERE:

The Contractor shall submit invoices to: Administrative Office of the Courts, 1 Granite Place, N400, Concord, NH 03301. Payment to the Contractor shall be made within thirty (30) calendar days of receipt of an invoice, which shall include the following:

a. Dates and hours worked;b. Summary of work completed, as reflected in monthly invoice; and

31


c. Mileage reimbursement, including a list of dates traveled and destinations.

During the term of the Agreement, the Contractor agrees to maintain books, records,documents and other data evidencing and reflecting all costs and other expenses incurred by the Contractor in the performance of the Agreement.

7. Status. (NAME) agrees to serve as an independent contractor to the NHJB. Neither this Agreement nor any other work (she/he) performs for the NHJB shall entitle (NAME) to receive fringe benefits such as annual leave, sick leave, administrative leave, health insurance, dental insurance, or retirement contributions. Nothing in this Agreement shall be construed to grant (NAME) any rights as a regular, probationary or temporary employee in the classified service of the New Hampshire Judicial Branch.

8. Professional Conduct. At all times while working pursuant to this Agreement, the Contractor shall conduct (HIMSELF OR HERSELF) in a manner that upholds the dignity and integrity of the New Hampshire Judicial Branch. The Contractor shall observe standards of fidelity and diligence appropriate to work for the New Hampshire Judicial Branch. During the term of this agreement, the Contractor may be engaged by one or more organization(s). The Contractor represents that she is not and shall not become a party to any agreement that conflicts with the duties hereunder.

9. Confidentiality. The Contractor recognizes that (HE or SHE) may have access to NHJB data during the course of performance under this Agreement and hereby agrees to keep confidential any and all such information. The word “data” shall mean all information and things developed or obtained during the performance of, or acquired or developed by reason of this Agreement. Disclosure of any NHJB data requires prior written approval by the NHJB. This paragraph shall survive the termination of this Agreement.

10. Assignability/Subcontracts. The Contractor shall neither assign nor transfer any interest in this contract without the prior written notification of the NHJB. None of the Services shall be subcontracted by the Contractor without the prior written notice and consent of the NHJB.

11. Modification. This contract constitutes the final Agreement between (NAME) and the NHJB, and it shall not be modified in any respect without prior written approval of both parties.

12. Severability. In the event any of the provisions of this Agreement are held by a court of competent jurisdiction to be contrary to any state or federal law, the remaining provisions of this Agreement will remain in full force and effect.

13. Indemnification. The Contractor shall defend, indemnify, and hold harmless the NHJB, its officers and employees, from and against any and all losses suffered by the NHJB and/or the State of New Hampshire, its officers and employees, and any and all claims, liabilities

32


or penalties asserted against the NHJB and/or the State of New Hampshire, its officers and employees, by or on behalf of any person, on account of, based or resulting from, arising out of (or which may be claimed to arise out of), in whole or in part, the acts or omissions of the Agreement. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the NHJB. This indemnification provision shall survive the termination of the Agreement.

14. Governing Law. The laws of the State of New Hampshire shall govern the validity, construction, interpretation, and effect of this contract.

15. Insurance. 15.1 - The Contractor shall, at its sole expense, obtain and maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force a comprehensive general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. The policy shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire.

15.2 - The Contractor shall, at its sole expense, obtain and maintain in force workers compensation insurance covering the Contractor’s employees from any loss, injury or damage as required by NH workers’ compensation law.

16. Compliance by Contractor with Laws and Regulations/Equal Employment Opportunity. 16.1 - In connection with the performance of the services, the Contractor shall comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor, including, but not limited to, civil rights and equal opportunity laws. This may include the requirement to utilize auxiliary aids and services to ensure that persons with communication disabilities, including vision, hearing, and speech, can communicate with, receive information from, and convey information to the Contractor. In addition, the Contractor shall comply with all appropriate copyright law.

16.2 - During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination.

17. Compliance by Contractor with Laws and Regulations / Equal Employment Opportunity. If this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all the provisions of Executive Order No. 11246 (“Equal Employment Opportunity”). As supplemented by the regulations of the United States Department of Labor (41 C.F.R. Part 60), and with any rules, regulations and guidelines as the State of New Hampshire or the United States issue to implement these regulations. The Contractor

33


further agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purposes of ascertaining compliance with all rules, regulations and orders and the covenants, terms and conditions of this Agreement.

18. Change in Ownership. In the event that Contractor should change ownership for any reason whatsoever, the NHJB shall have the option of: a. continuing under the Agreement with Contractor, its successors or assigns for the full

remaining term of the Agreement;b. continuing under the Agreement with Contractor, its successors or assigns for suchperiod of time as determined necessary by the NHJB; or c. immediately terminate the Agreement without liability to or further compensation owed to Contractor, its successors or assigns.

19. Venue and Jurisdiction. Any action on this Agreement may only be brought in the State of New Hampshire. The parties agree to venue in Merrimack County Superior Court.

20. No Benefit to Third-Parties. The parties do not intend that this Agreement confer any benefit to any third parties and the Agreement shall not be construed to confer such a benefit.

21. Waiver of Breach. No failure by the NHJB to enforce any of the provisions in this Agreement shall be deemed a waiver of its rights under this Agreement.

22. Certification . The undersigned certifies, to the best of (HIS OR HER) knowledge and belief, that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions.

34