Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 36

Meeting Date

2026-03-04

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

36

Agency Names

Department Of Corrections

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-04

71

STATE OF NEW HAMPSHIRE

DEPARTMENT OF CORRECTIONS

DIVISION OF ADMINISTRATION

P.O. BOX 1806

CONCORD, NH 03302-1806

603-271-5610 FAX: 888-908-6609

TDD ACCESS: 1-800-735-2964

www. corrections. nh. gov

M

3(oAR 0 h 2026

WILLIAM RYAN HART, JR.

COMMISSIONER

JESSICA A. KURON

ASSISTANT COMMISSIONER

January 29,2026

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION,.

Authorize the NH Department of Corrections (NHDOC) to enter into a three (3) year contract with Patrick J.

Zirpoli, LLC (VC # 278313), 149 Spruce Swamp Road, Milanville, PA 18443, in the amount of $27,500.00,

for the provision of Prison Rape Elimination Act (PREA) Auditing Services, effective upon Govemor and

Executive Council approval for the period beginning April P', 2026 through March 3P', 2029, with the

option to renew for one (1) additional period of up to three (3) years. 100% General Funds.

Funds are available in the following account. Professional Standards: 02-46-46-462510-5929-102-500731

as follows with the authority to adjust encumbrances in each Fiscal Year through the Budget Office if

necessary and justified. Funding for FY 2028 is contingent upon the availability and continued appropriation

of funds.

Patrick J. Zirpoli, LLC

Account Description FY 2026 FY2D27 FY2028 Total

02-46-46-462510-5929-102-500731 Contracts for Program Services $ 11,500.00 $ 8,000.00 $ 8,000.00 $27,500.00

EXPLANATION

The purpose of this contract is to seek Prison Rape Elimination Act (PREA) Auditing Services for the

NHDOC. PREA is a federal law enacted in 2003 that was created to eliminate sexual abuse in confinement.

Legislation mandated the development of national standards. The National Prison Rape Elimination

Commission developed recommended national standards for reducing prison rape. The final standards

became effective on June 20,2012, when they were published by the Department of Justice. PREA standards

were developed to help confinement facilities prevent, detect, and respond to sexual abuse and harassment of

inmates. The standards are intended to:

• Assist agencies in establishing a zero-tolerance policy of inmate sexual abuse or harassment.

• Increase accountability for sexual safety of those in contact with inmates; and

• Afford agencies discretion and flexibility, to the extent feasible, in a way that meets the standards.

The final PREA standards include provisions that are specific to Audit and State Compliance:

(1) Prison Rape Elimination Act National Standard 115.93 indicates that the agency shall conduct audits

pursuant to Standard 115.401

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

(2) Standard 115.401 indicates that the frequency and scope of audits are as follows;

• During the three-year time period starting August 20, 2013, and during each three-year period

thereafter, the agency shall ensure that each facility is audited at least once; and

• During each one-year period starting on August 20, 2013, the agency shall ensure at least one third

of each facility type operated by the agency is audited.

This contract is for a three-year term and will audit specific facilities annually prior to August 20"^ of each

calendar year. Pursuant to the standards, the three facilities that will need to be audited for year one (1) are

the Northem New Hampshire Correctional Facility (NNHCF), Berlin NH, the Concord Transitional Work

Center (TWC), Concord, NH and the Calumet House Transitional Housing Unit, Manchester NH. In year

two (2) the New Hampshire State Prison for Men (NHSP-M) to include the Secure Psychiatric Unit (SPU)

and Residential Treatment Unit (RTU) and the North End House Transitional Work Center (NEH), Concord,

NH. In year three (3) the New Hampshire Correctional Facility for Women (NHCF-W) and the Shea Farm

Transitional Housing Unit, Concord NH will be audited.

The Request for Proposal (RFP) was posted to the NHDOC website Bids & Contracts | NH Department of

Corrections as well as the New Hampshire Department of Administrative Services website Statewide Bids

and Proposals | Procurement and Support Services | NH Department of Administrative Services for four (4)

consecutive weeks. A notification was sent to the PREA Resources Center Website as well as the previous

auditor. As a result of publication, four (4) bids were received. Of these, three (3) were deemed qualified.

After the review and evaluation of proposals and in accordance with the RFP terms and conditions, NHDOC

selected Patrick J. Zirpoli, LLC as the highest-ranked bidder.

The RFP was scored utilizing a consensus methodology by a 5-person evaluation committee which consisted

of the following NHDOC employees: JeanCanroll, PREA Advocate, Athena Panas, NHCF-W Major, Stephen

O'Rourke, Strategic Communications Liaison, Jonathan Nightingale, PREA Compliance Officer and Todd

Phelps, Investigator EH.

NHDOC has determined that the vendor is in good standing with the Secretary of State's Office, has secured

the required levels of insurance, and has provided evidence of authority to execute and be boimd by the

Agreement. Dociunents supporting these assertions are available at the agency for review upon request.

Respectfrnly^bnutted,

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yan Hart, Jr.

ssioner

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

2of2

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STATE OF NEW HAMPSHIRE

DEPARTMENT OF CORRECTIONS

DIVISION OF ADMINISTRATION

P.O. BOX 1806

CONCORD, NH 03302-1806

603-271-5610 FAX: 888-908-6609

TDD ACCESS: 1-800-735-2964

www.corrections.nh.gov

WILLIAM RYAN HART, JR.

COMMISSIONER

JESSICA A. KURON

ASSISTANT COMMISSIONER

Bid Evaluation and Summary

Prison Rape Elimination Act (PREA) Audit Services

REP NHDOC 2026-02

Proposal Receipt and Review:

• Proposals will be reviewed to initially determine if minimum submission requirements have been met.

The review will verify that the proposal was received before the date and time specified, with the correct

number of copies, the presence of all required signatures, and that the proposal is sufficiently responsive

to the needs outlined in the RFP to permit a complete evaluation. Failure to meet minimum submission

requirements will result in the proposal being rejected and not included in the evaluation process.

• The Department will seleet personnel to act as an evaluation team. Proposals will not be publicly

opened. Upon receipt, the proposal information will be disclosed to the evaluation committee members

only.

• The Department uses a consensus scoring methodology to evaluate submitted Proposals. The

Department reserves the right to waive any irregularities, minor deficiencies and informalities that it

considers not material to the proposal.

• The RFP does not commit the Department to award a contract. The Department reserves the right to

reject any and all proposals; to cancel the RFP; and to solicit new proposals under a new acquisition

process.

Proposal Evaluation Criteria:

• Proposals will be evaluated based upon the proven ability of the respondent to satisfy the requirements

of the evaluation criteria. Specific criteria are:

a. Technical Proposal

i. Executive Summary - 10 points

ii. Organizational Capability - 20 points

iii. Organizational Approach - 20 points

iv. Cost proposal - 50 points

• Award will be made to the responsive Vendor(s) whose proposals are deemed to be the most

advantageous to the State, taking into consideration all evaluation factors in NHDOC 2026-02.

a. Contract(s) may be awarded to a Bidder submitting a response that demonstrates the required

capabilities and approach as identified in the RFP and does not reduce the current functions

of the Department.

Evaluation Team Members;

a. Jean Carroll, PREA Advocate

b. Athena Panas, NHCFW Major

c. Stephen O'Rourke, Strategic Communications Liaison

d. Jonathan Nightingale, PREA Compliance Officer

e. Todd Phelps, Investigator III

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

7145

STATE OF NEW HAMPSHIRE

DEPARTMENT OF CORRECTIONS

DIVISION OF ADMINISTRATION

P.O. BOX 1806

CONCORD, NH 03302-1806

603-271-5610 FAX: 888-908-6609

TDD ACCESS: 1-800-735-2964

www.corrections.nh.gov

WILLIAM RYAN HART, JR.

COMMISSIONER

JESSICA A. KURON

ASSISTANT COMMISSIONER

Scoring Matrix

Prison Rape Elimination Act (PREA) Audit Services

REP NHDOC 2026-02

Qualified Respondents:

• Confinement Solutions LLC

108 Ivey Farms Rd

Candler, North Carolina 28715

• Patrick J. Zirpoli, LLC

149 Spruce Swamp Road

Milanville, PA 18443

Corrections Consulting Services

105 Water Ridge Ct

Buchanan Dam, TX 78609

Disqualified Rest)ondent:

KDM Consults LLC

Scoring Matrix Criteria:

•. Proposals were evaluated based on the proven ability of the respondent to satisfy the provisions set

forth in the Scope of Services in the most technical and cost-effective manner.

1. Technical proposal - 50 points

2. Cost Proposal - 50 points

Prison Rape Elimination Act (PREA) Audit Services

REP NHDOC 2026-02

Evaluation Criteria RFP Weight

Point Value

Confinement

Solutions LLC

Corrections

Consulting Services

Patrick J.

Zirpoli, LLC

Technical Proposal

Executive Summary 10 3 8 8

Organizational Capability 20 7 19 17

Organizational Approach 20 12 19 17

Cost Proposal 50 50 18.7 30.9

Total 100 72 64.7 72.9

Highest scored bidder:

Patrick J. Zirpoli, LLC

149 Spruce Swamp Road

Milanville, PA 18443

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

Si 2^

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STATE OF NEW HAMPSHIRE

DEPARTMENT OF CORRECTIONS

DIVISION OF ADMINISTRATION

P.O. BOX 1806

CONCORD, NH 03302-1806

603-271-5610 FAX; 888-908-6609

TDD ACCESS: 1-800-735-2964

www.corrections.nh.gov

i WILLIAM RYAN HART, JR.: COMMISSIONER

JESSICA A. KURON

ASSISTANT COMMISSIONER

Bidders list

Prison Rape Elimination Act (PREA) Auditing Services

REP NHDOC 2026-02

NHDOC notified the PREA Resource Center to make the RFP available to all certified auditors.

A sample of the list of auditors that were notified can be seen below:

State of Maine

1. Daniel Bean

West Newfield, ME

2. Conner MacFarland

Winthrop, ME

3. Michael Vitiello

Ocean Park, ME

The Commonwealth of Pennsylvania

1. Angel Baez-Sprague

Muncy, PA

2. Matthew Bums

Kulpmont, PA

3. Steven Chanenson

Villanova, PA

State of Massachusetts

1. Andrew EeC lair

Quincy, MA

State of Connecticut

1. Jack Fitzgerald

Wallingford, CT

2. Walter Krauss

Southbury, CT

4. Grace Franks

Franklintown, PA

5. Patricia Reiser

Collegeville, PA

6. Edward Sweeney

Whitehall, PA

7. Patrick Zirpoli

Milanville, PA

State of Vermont, Rhode Island and New

Hampshire

None available

In addition to:

195 DOJ-certified auditors notified through the

PREA Resource Center.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

SI

I

STATE OF NEW HAMPSHIRE

DEPARTMENT OF CORRECTIONS

DIVISION OF ADMINISTRATION

P.O. BOX 1806

CONCORD, NH 03302-1806

603-271-5610 FAX; 888-908-6609

TDD ACCESS: 1-800-735-2964

www.corrections.nh.gov

WILLIAM RYAN HART, JR.

COMMISSIONER

JESSICA A. KURON

ASSISTANT COMMISSIONER

Biographies

Prison Rape Elimination Act (PREA) Audit Services

RFP NHDOC 2026-02

Jean Carroll, PREA Advocate

For over sixteen years, Jean Carroll has served as the PREA Victim Advocate for the New Hampshire

Department of Corrections. Leading statewide efforts to prevent, deter, and respond to sexual victimization,

harassment, coercion, and staff misconduct. In this role, Ms. Carroll works closely with both uniformed and

civilian staff, incarcerated individuals, and parolees to foster a culture of safety, accountability, and trauma-

informed care within correctional settings. With a career spanning over a decade of service to vulnerable

populations across New Hampshire, Ms. Carrol brings deep expertise, compassion, and unwavering

commitment ofjustice and institutional reform.

Athena Panas, Major, PREA Manager

Athena Panas has been the Major of the New Hampshire Correctional Facility for Women (NHCFW) since

2023. Her career in Corrections began in 2011 at the New Hampshire Correctional State Prison for Men

(NHSP-M). After transferring to NHCFW in 2013, Major Panas has remained a dedicated leader, shaping

the facility's culture and operations through innovation, collaboration, and commitment to excellence. Over

the years. Major Panas has earned multiple distinctions, including team commendations, lifesaving awards

and the prestigious Leadership of the Year honor. Major Panas professional development includes specialized

training in Critical Incident Stress Management, Women in Command, Excited Delirium, and the NH

Supervisory Academy, each contributing to a well-rounded and responsive leadership style. As co-founder

of Progressive Pathways, Major Panas has spearheaded program development focused on rehabilitation and

reentry. The initiative empowers inmates to reflect on the circumstances that led to incarceration and build

the skills necessary for successful reintegration into society. Major Panas leads a cross-functional

collaboration across all areas of the facility to enhance operational effectiveness and ensure aligtunent with

institutional goals. Her leadership reflects a deep commitment to safety, accountability, and transformative

correctional practice.

Stephen O'Rourke. Strategic Communications Liaison

Stephen O'Rourke has dedicated over 30 years to promoting the safety and security of the public, staff, and

incarcerated individuals within the New Hampshire Department of Corrections (NHDOC). After retiring in

May 2014 as Operations Sergeant, Mr. O'Rourke transitioned into a civilian role as a Hearings Officer. In

this capacity, he continued to work inside all NHDOC facilities to uphold fairness, accountability, and

institutional integrity. As a Hearings Officer, Mr. O'Rourke performed a wide range of duties, including

adjudicating disciplinaiy cases and supporting facility operations. In his role as the Strategic Communications

Liaison, Mr. O'Rourke collaborates closely with department leadership, including the Commissioner,

Assistant Commissioner, Wardens, Directors, and Chiefs of Security to address complex issues related to

security, policy, and communications. Mr. O'Rourke has remained a steadfast advocate for transparency,

operational excellence, and the well-being of all individuals within the correctional system.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

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Jonathan Nightingale, PREA Compliance Officer

Jonathan Nightingale began a career in law enforcement in April 2000, serving primarily with the

Hillsborough County Sheriff s Office in roles including Dispatcher and Deputy Sheriff. Over the course of

25 years, Mr. Nightingale has also worked as a Part-Time Police Officer and is currently employed with the

Auburn Police Department. In May 2024, Mr. Nightingale joined the New Hampshire Department of

Corrections (NHDOC) as a Compliance Auditor within the Division of Professional Standards. Shortly

thereafter, he transitioned into the role of PREA Compliance Officer, where he currently serves. In addition,

Mr. Nightingale has assumed the responsibilities of the vacant PREA Coordinator position, demonstrating

initiative and leadership in advancing the Department's commitment to the Prison Rape Elimination Act

(PREA). In this role, Mr. Nightingale ensures institutional compliance with PREA standards, conducts audits,

and supports policy development aimed at preventing and responding to sexual victimization within

correctional settings. His extensive background in law enforcement and Corrections brings a valuable

perspective to the Department's efforts to uphold safety, accountability, and professional integrity.

Todd Phelps, Investigator III

Todd Phelps began a career in Corrections in July 2003. Mr. Phelps initially served on 3rd shift in the

Reception & Diagnostics (R&D) unit until April 2004, followed by a transition to 2nd shift in the Medium

Custody South (MCS) through November 2005. Erom there, Mr. Phelps moved to 1st shift in the Close

Custody Unit (CCU), where he remained until July 2016. In July 2016, Mr. Phelps was promoted to Corporal

on 2nd shift Interior and assigned to the Health Services Center (HSC). Later that year, in November 2016,

was promoted into the Investigations Bureau where he continues to serve the NHDOC. Mr. Phelps primary

focus within Investigations has centered on sexual assault in confinement, with a strong emphasis on Prison

Rape Elimination Act (PREA) cases. Throughout his career, Mr. Phelps has demonstrated a consistent

commitment to institutional safety, integrity, and the protection of vulnerable populations within the

correctional system.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

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FORM NUMBER F-37 (version 2/23/2023)

Mfiike; This agreement and Ml of itaaftachments shall become public upon submission to Governor and

Bxecutive Council for approval. Any Information that Is private, confidentiai or pi'oprietary nuist

he clearly identified to the agency and agreed to in writing prior to signing the contract.

AGREEMENT

The State ofNew Hampshire and (lie Contractor hereby mutually agree as follows:

GENERAL PROYISIONS

1. IDENTIFICATION.

1.1 State Agency Name

NH Department of Corrections

1.2 State Agency Address

64 South Street, Concord, NH 03301

P.O Box 1806, Concord, NH 03302

1.3 Con tractor Name

Patrick I Ziipoli, LLC (VC # 2783-13) 1.4 Contractor Address

1,49 Spruce Swajnp Rd

M!ranyitle,PA 1S443

1,5 Contractor Phone#

570-560-5660

1.6 Account jUnit and Class

02-46-46-462510-5929-

IO2-5QOI73I

1.7 Completion Date

March 31,2029

1.8. Price Limitation

$27,500.00

t.f. Contrncting OftToer for State Agency

Jason H. Dirrah, Bureau Cliief- Investigations 1.10 State Agency Telephone Numbei-

603-271-5601.

l.U ContractaJ^ign^rd?;

9 t;

1.12 Name and Title of Conti'actor Signatory

Palxick I. Zirpoli, Owner

1.13 ^/ate Agea^y SfgMiture 1,14 Name and Title of State Agency Signatory

William Ryan Hart, Jr.

Qmimissionev

1.15 by £Re N.H. Department of Adnjinistration, Division of Pemonnel (^applicable)

DirectoivOn:

1,16 Apptoval by the Attorney General (Foitn, Substance and Exeaition) (if applicable)

3s /// / ^0^(31.17 Approvabtiy the Governor and Exectttive Coimoil ('(fripp/icrrbte) '

G&C Item number: G&C Meeting Date:

Contractor Initials.

Date

2. SERVICES TO BE PERFORMED. The State of New

Hampshire, acting through the agency identified in block 1.1

("State"), engages contractor identified in block 1.3 ("Contractor")

to perfonn, and the Contractor shall perform, the work or sale of

goods, or both, identified and more particularly described in the

attached EXHIBIT B which is incorporated herein by reference

("Services").

3. EFFECTIVE DATE/COMPLETION OF SERVICES.

3.1 Notwithstanding any provision of this Agreement to the

contrary, and subject to the approval of the Governor and

Executive Council of the State of New Hampshire, if applicable,

this Agreement, and all obligations of the parties hereunder, shall

become effective on the date the Governor and Executive Council

approve this Agreement, unless no such approval is required, in

which case the Agreement shall become effective on the date the

Agreement is signed by the State Agency as shown in block 1.13

("Effective Date").

3.2 If the Contractor commences the Services prior to the Effective

Date, all Services peifonned by the Contractor prior to the

Effective Date shall be performed at the sole risk of the Contractor,

and in the event that this Agreement does not become effective, the

State shall have no liability to tlie Contractor, including without

limitation, any obligation to pay the Contractor for any costs

incurred or Sei"vices performed.

3.3 Contractor must complete all Services by the Completion Date

specified in block 1.7.

4. CONDITIONAL NATURE OF AGREEMENT.

Notwithstanding any provision of this Agreement to the contrary,

all obligations of the State hereunder, including, without limitation,

the continuance of payments hereunder, are contingent upon the

availability and continued appropriation of funds. In no event shall

the State be liable for any payments hereunder in excess of such

available appropriated funds. In the event of a reduction or

termination of appropriated funds by any state or federal legislative

or executive action that reduces, eliminates or otherwise modifies

the appropriation or availability of flinding for this Agreement and

the Scope for Services provided in EXHIBIT B, in whole or in part,

the State shall have the right to withhold payment until such funds

become available, if ever, and shall have tire riglit to reduce or

terminate the Services under this Agreement immediately upon

giving the Contractor notice of such reduction or termination. The

State shall not be required to transfer funds from any other account

or source to the Account identified in block 1.6 in the event funds

in that Account are reduced or unavailable.

5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT.

5.1 The contract price, method of payment, and terms of payment

are identified and more particularly described in EXHIBIT C

which is incorporated herein by reference.

5.2 Notwithstanding any provision in this Agreement to the

contrary, and notwithstanding unexpected circumstances, in no

event shall the total of all payments authorized, or actually made

hereunder, exceed the Price Limitation set forth in block 1.8. The

payment by the State of the contract price shall be the only and the

complete reimbursement to the Contractor for all expenses, of

whatever nature incurred by the Contractor in the perfomiance

hereof, and shall be the only and the complete compensation to the

Contractor for the Services.

5.3 The State reserves the right to offset from any amounts

otherwise payable to the Contractor under this Agreement those

liquidated amounts required or permitted by N.H. RSA 80:7

through RSA 80:7-c or any other provision of law.

5.4 The State's liability under this Agreement shall be limited to

monetary damages not to exceed the total fees paid. The Contractor

agrees that it has an adequate remedy at law for any breach of this

Agreement by the State and hereby waives any right to specific

performance or other equitable remedies against the State.

6. COMPLIANCE BY CONTRACTOR WITH LAWS AND

REGULATIONS/EQUAL EMPLOYMENT

OPPORTUNITY.

6.1 In connection with the performance of the Services, the

Contractor shall comply with all applicable 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

employment opportunity laws and the Governor's order on Respect

and Civility in the Workplace, Executive order 2020-01. In

addition, if this Agreement is funded in any part by monies of the

United States, the Contractor shall comply with all federal

executive orders, rules, regulations and statutes, and with any rules,

regulations and guidelines as the State or the United States issue to

implement these regulations. The Contractor shall also comply

with all applicable intellectual property laws.

6.2 During the term of this Agreement, the Contractor shall not

discriminate against employees or applicants for employment

because of age, sex, sexual orientation, race, color, marital status,

physical or mental disability, religious creed, national origin,

gender identity, or gender expression, and will take affirmative

action to prevent such discrimination, unless exempt by state or

federal law. The Contractor shall ensure any subcontractors

comply with these nondiscrimination requirements.

6.3 No payments or transfers of value by Contractor or its

representatives in connection with this Agreement have or shall be

made which have the purpose or effect of public or commercial

bribery, or acceptance of or acquiescence in extortion, kickbacks,

or other unlawful or improper means of obtaining business.

6.4. The Contractor agrees to permit the State or United States

access to any of the Contractor's books, records and accounts for

the puipose of ascertaining compliance with this Agreement and

all mles, regulations and orders pertaining to the covenants, terms

and conditions of this Agreement.

7. PERSONNEL.

7.1 The Contractor shall at its own expense provide all personnel

necessary to perform the Services. The Contractor warrants that all

personnel engaged in the Seivices shall be qualified to perfonn the

Services, and shall be properly licensed and otherwise authorized

to do so under all applicable laws.

7.2 The Contracting Officer specified in block 1.9, or any

successor, shall be the State's point of contact peitaining to this

Agreement.

Contractor Initials

8. EVENT OF DEFAULT/REMEDIES.

8.1 Any one or more of the following acts or omissions of the

Conti actor shall constitute an event of default hereunder ("Event

of Default"):

8.1.1 failure to perform the Services satisfactorily or on schedule;

8.1.2 failure to submit any report required hereunder; and/or

8.1.3 failure to perform any other covenant, term or condition of

this Agreement.

8.2 Upon the occurrence of any Event of Default, the State may

take any one, or more, or all, of the following actions:

8.2.1 give the Contractor a written notice specifying the Event of

Default and requiring it to be remedied within, in the absence of a

greater or lesser specification of time, thirty (30) calendar days

from the date of the notice; and if the Event of Default is not timely

cured, terminate this Agreement, effective two (2) calendar days

after giving the Contractor notice of termination;

8.2.2 give the Contractor a written notice specifying the Event of

Default and suspending all payments to be made under this

Agreement and ordering that the portion of the contract price which

would otherwise accrue to the Contractor during the period from

the date ot such notice until such time as the State determines that

the Contractor has cured the Event of Default shall never be paid

to the Contractor;

8.2.3 give the Contractor a written notice specifying the Event of

Default and set off against any other obligations the State may owe

to the Contractor any damages the State suffers by reason of any

Event of Default; and/or

8.2.4 give the Contractor a written notice specifying the Event of

Default, treat the Agreement as breached, terminate the Agreement

and pursue any of its remedies at law or in equity, or both.

9. TERMINATION.

9.1 Notwithstanding paragraph 8, the State may, at its sole

discretion, terminate the Agreement for any reason, in whole or in

part, by thirty (30) calendar days written notice to the Contiactor

that the State is exercising its option to terminate the Agreement.

9.2 In the event of an early termination of this Agreement for any

reason other than the completion of the Services, the Contractor

shall, at the State's discretion, deliver to the Contracting Officer,

not later than fifteen (15) calendar days after the date of

tcnnination, a report ("Termination Report") describing in detail

all Services performed, and tlie contract price earned, to and

including the date of termination. In addition, at the State's

discretion, the Contractor shall, within fifteen (15) calendar days

of notice of early termination, develop and submit to the State a

transition plan for Seiwices under the Agreement.

10. PROPERTY OWNERSHIP/DISCLOSURE.

10.1 As used in this Agreement, the word "Property" shall mean

all data, information and things developed or obtained during the

perfoimance of, or acquired or developed by reason of, this

Agreement, including, but not limited to, all studies, reports, files,

tormulae, surveys, maps, charts, sound recordings, video

recordings, pictorial reproductions, drawings, analyses, graphic

representations, computer programs, computer printouts, notes,

letters, memoranda, papers, and documents, all whether finished or

unfinished.

10.2 All data and any Property which has been received from the

State, or purchased with funds provided for that pmpose under this

Agreement, shall be the property of the State, and shall be returned

to the State upon demand or upon teimination of this Agreement

for any reason.

10.3 Disclosure of data, information and other records shall be

governed by N.H. RSA chapter 91-A and/or other applicable law.

Disclosure requires prior written approval of the State.

11. CONTRACTOR'S RELATION TO THE STATE. In the

performance of this Agreement the Contractor is in all respects an

independent contractor, and is neither an agent nor an employee of

the State. Neither the Contractor nor any of its officers, employees,

agents or members shall have authority to bind the State or receive

any benefits, workers' compensation or other emoluments

provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.

12.1 Contractor shall provide the State written notice at least fifteen

(15) calendar days before any proposed assignment, delegation, or

other transfer of any interest in this Agreement. No such

assignment, delegation, or other transfer shall be effective without

the written consent of the State.

12.2 For purposes of paragraph 12, a Change of Control shall

constitute assignment. "Change of Control" means (a) merger,

consolidation, or a transaction or series of related transactions in

which a third party, together with its affiliates, becomes the direct

or indirect owner of fifty percent (50%) or more of the voting

shares or similar equity interests, or combined voting power of the

Contractor, or (b) the sale of all or substantially all of the assets of

the Contractor.

12.3 None of the Services shall be subcontracted by the Contractor

without prior written notice and consent of the State.

12.4 The State is entitled to copies of all subcontracts and

assignment agreements and shall not be bound by any provisions

contained in a subcontract or an assignment agreement to which it

is not a party.

13. INDEMNIFICATION. The Contractor shall indemnify,

defend, and hold harmless the State, its officers, and employees

from and against all actions, claims, damages, demands,

judgments, fines, liabilities, losses, and other expenses, including,

without limitation, reasonable attomeys' fees, arising out of or

relating to this Agreement directly or indirectly arising from death,

personal injury, property damage, intellectual property

infringement, or other claims asserted against the State, its officers,

or employees caused by the acts or omissions of negligence,

reckless or willful misconduct, or fraud by the Contractor, its

employees, agents, or subcontractors. The State shall not be liable

for any costs incuired by the Contractor arising under this

paragraph 13. Notwithstanding the foregoing, nothing herein

contained shall be deemed to constitute a waiver of the State's

sovereign immunity, which immunity is hereby reserved to the

State. This covenant in paragraph 13 shall survive the termination

of this Agreement.

Contractor Initials.

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14. INSURANCE.

14.1 The Contractor shall, at its sole expense, obtain and

continuously maintain in force, and shall require any subcontractor

or assignee to obtain and maintain in force, the following

insurance:

14.1.1 commercial 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 or excess;

and

14.1.2.special cause of loss coverage form covering all Property

subject to subparagraph 10.2 herein, in an amount not less than

80% of the whole replacement value of the Property.

14.2 The policies described in subparagraph 14.1 herein shall be on

policy forms and endorsements approved for use in the State of

New Hampshire by theN.H. Department of Insurance, and issued

by insurers licensed in the State of New Hampshire.

14.3 The Contractor shall furnish to the Contracting Officer

identified in block 1.9, or any successor, a certificate(.s) of

insurance for all insurance required under this Agreement. At the

request of the Contracting Officer, or any successor, the Contractor

shall provide certificate(s) of insurance for all renewal(s) of

insurance required under tliis Agreement. The ceilificate(s) of

insurance and any renewals thereof shall be attached and are

incorporated herein by reference.

15. WORKERS' COMPENSATION.

15.1 By signing this agreement, the Contractor agrees, certifies and

warrants that the Contractor is in compliance with or exempt from,

the requirements of N.H. RSA chapter 281-A ("Workers'

Compensation ").

15.2 To the extent the Contractor is subject to the requirements of

N.H. RSA chapter 28I-A, Contractor shall maintain, and require

any subcontractor or assignee to secure and maintain, payment of

Workers' Compensation in connection with activities which the

person proposes to undertake pur.suant to this Agreement. The

Contractor shall furnish the Contracting Officer identified in block

1.9, or any successor, proof of Workers' Compensation in the

manner described in N.H. RSA chapter 281-A and any applicable

renewal(s) thereof, which shall be attached and are incoiporated

herein by reference. The State shall not be responsible for payment

of any Workers' Compensation premiums or for any other claim or

benefit for Contractor, or any subcontractor or employee of

Contractor, which might arise under applicable State of New

Hampshire Workers' Compensation laws in connection with the

performance of the Services under this Agreement.

16. WAIVER OF BREACH. A State's failure to enforce its rights

with respect to any single or continuing breach of this Agreement

shall not act as a waiver of the right of the State to later enforce any

such rights or to enforce any other or any subsequent breach.

17. NOTICE. Any notice by a party hereto to the other party shall

be deemed to have been duly delivered or given at the time of

mailing by certified mail, postage prepaid, in a United States Post

Office addressed to the parties at the addresses given in blocks 1.2

and 1.4, herein.

18. AMENDMENT. This Agreement may be amended, waived or

discharged only by an instrument in writing signed by the parties

hereto and only after approval of such amendment, waiver or

discharge by the Governor and Executive Council of the State of

New Hampshire unless no such approval is required under the

circumstances pursuant to State law, rule or policy.

19. CHOICE OF LAW AND FORUM.

19.1 This Agreement shall be governed, interpreted and constmed

in accordance with the laws of the State of New Hampshire except

where the Federal supremacy clause requires otherwise. The

wording used in this Agreement is the wording chosen by the

parties to express their mutual intent, and no rule of construction

shall be applied against or in favor of any party.

19.2 Any actions arising out of this Agreement, including the

breach or alleged breach thereof, may not be submitted to binding

arbitration, but must, instead, be brought and maintained in the

Meirimack County Superior Court of New Hampshire which shall

have exclusive jurisdiction thereof.

20. CONFLICTING TERMS. In the event of a conflict between

the tenns of this P-37 form (as modified in EXHIBIT A) and any

other portion of this Agreement including any attachments thereto,

the terms of the P-37 (as modified in EXHIBIT A) shall control.

21. THIRD PARTIES. This Agreement is being entered into for

the sole benefit of the parties hereto, and nothing herein, express or

implied, is intended to or will confer any legal or equitable right,

benefit, or remedy of any nature upon any other person,

22. HEADINGS. The headings throughout the Agreement are for

reference purposes only, and the words contained therein shall in

no way be held to explain, modify, amplity or aid in the

interpretation, constmction or meaning of the provisions of this

Agreement.

23. SPECIAL PROVISIONS. Additional or modifying

provisions set forth in the attached EXHIBIT A are incorporated

herein by reference.

24. FURTHER ASSURANCES. The Contractor, along with its

agents and affiliates, shall, at its own cost and expense, execute any

additional documents and take such fuithcr actions as may be

reasonably required to carry out the provisions of this Agreement

and give effect to tire transactions contemplated hereby.

25. 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.

26. ENTIRE AGREEMENT. This Agreement, which may be

executed in a number of counterparts, each of which shall be

deemed an original, constitutes the entire agreement and

understanding between the parties, and supersedes all prior

agreements and understandings with respect to the subject matter

hereof.

Contractor Initials,

Date

State ofNH, Department of Corrections

PRE A Audit Services

Contract NHDOC 2026-02

EXHIBIT A - SPECIAL PROVISIONS

1. Form Number P-37 (version 2/23/2023)

"To modify the Form P-37, General Provisions, Section 14. Insurance, paragraph 14.3, by changing the second to last

sentence of the clause to read: "Cancellation notice by the Insurer to the Certificate Holder will be delivered in

accordance with the policy provisions."

The remainder of this page is intentionally blank.

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Contractor Initials;

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State ofNH, Department of Corrections

PREA Audit Services

Contract NHDOC 2026-02

EXHIBIT B - SCOPE OF WORK

1. Purpose:

The purpose of this request for proposal (RFP) is to seek PREA Auditing Services required under the

Prison Rape Elimination Act (PREA) for the NH Department of Corrections (NHDOC) pursuant to the

PREA National Standard 115.401 through 115.405 by aUnited States Department of Justice (USDOJ)

certified PREA Auditor.

2. Performance Period:

Contract(s) awarded by the Governor and Executive Council (G&C) on behalf of the NH Department

of Corrections as a result of this RFP is anticipated to be effective for the period beginning April 1,

2026, or upon Governor and Executive Council approval, whichever is later through March 31, 2029.

The Department may extend contracted services for one (1) additional period of up to three (3) years,

contingent upon satisfactory Contractor performance, continued appropriation and G&C approval.

3. Service Locations:

3.1. Services shall be performed at the following NHDOC locations:

Northern NH Department of Corrections Correctional Facilities

Northern NH Correctional Facility (NNHCF) 138 East Milan Road, Berlin NH 03570

Southern NH Department of Corrections Correctional Facilities

NH State Prison for Men (NHSP-M)

281 North State Street, Concord NH

03301Secure Psychiatric Unit (SPU)*/Residential Treatment

Unit (RTU)

NH Correctional Facility for Women (NHCF-W) 42 Perimeter Road, Concord NH 03301

NH Department of Corrections Transitional Housing Units

North End Transitional Housing Unit (NEH/THU) 1 Perimeter Road, Concord NH 03301

Concord Transitional Work Center (TWC)

275 North State Street, Concord NH

03301

Shea Farm, Transitional Housing Unit (THU) 60 Iron Works Road, Concord NH 03301

Calumet House, Transitional Housing Unit (THU) 126 Lowell Street, Manchester NH 03104

3.2.. Eocations may be added and/or deleted after the awarding of an Agreement at the discretion of the

Department and upon mutual agreement of the Commissioner of NHDOC and Contractor.

3.3. In the event that NHDOC wishes to add or remove facilities at which Contractor is to provide

services, it shall:

3.3.1. Give Contractor fourteen (14) days written notice of the proposed change; and

3.3.2. Secure Contractor's written agreement to the proposed changes.

3.4. Notwithstanding the foregoing, or any provision of this Agreement to the contrary, in no event

shall changes to facilities be allowed that modify the "Completion Date" or "Price Limitation" of

the Agreement.

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Contractor Initials:

Date

t-iCti

State ofNH, Department of Corrections

PRE A Audit Services

Contract NHDOC 2026-02

4. PREA Auditing Services:

The Prison Rape Elimination Act (PREA) is a federal law enacted in 2003 and was created to eliminate

sexual abuse in confinement. Federal funds were provided for research, programs, training and

technical assistance to address sexual abuse.

In addition, the legislation mandated the development of national standards. The National Prison Rape

Elimination Commission (NPREC) developed recommended national standards for reducing prison

rape. The final standards became effective on June 20, 2012, when they were published by the US

Department of Justice (USDOJ). PREA standards were developed to help confinement facilities

prevent, detect, and respond to sexual abuse and harassment of inmates and are intended to:

• Assist agencies in establishing a zero tolerance policy of inmate sexual abuse or harassment;

• Increase accountability for sexual safety of those in contact with inmates; and

• Afford agencies discretion and flexibility, to the extent feasible, in a way that meets the standards.

The final PREA Standards include provisions that are specific to Audit and State Compliance: (1)

Prison Rape Elimination Act National Standard 115.93 indicates that the agency shall conduct audits

pursuant to Standard 115.401 (2) Standard 115.401 indicates that the frequency and scope of audits are

as follows:

• During the three year time period starting August 20, 2013, and during each three year period

thereafter, the agency shall ensure that each facility operated by the agency is audited at least once;

and

• During each one year period starting on August 20, 2013, the agency shall ensure that at least one

third of each facility type operated by the agency is audited.

5. Correctional Facility Audit Schedule:

Pursuant to the standards, the three (3) facilities are to be audited prior to August 20, 2026 during Year

One of the initial original contract period to consist of NNHCF, Berlin, NH; TWO, Concord, NH and

Calumet House located in Manchester, NH.

• NNHCF is a medium custody men's facility housing approximately 559 inmates (Augst 28,

2025).

• TWC is a men's minimum custody facility housing approximately 54 inmates (August 28, 2025)

who are assigned work duties at the NHSP-M.

• The Calumet House is a supervised community residence for men where the inmates are expected

to obtain employment in the community housing approximately 44 inmates (August 28, 2025).

Year Two (2) of the original contract period, the two (2) facilities to be audited prior to August 20

2027 consist of NHSP-M, SPU & RTU and NEH.

• NHSP-M is a multi-security level men's facility from general to maximum security population

housing approximately 1071 inmates (August 28,2025).

• NEH is supervised community residence for men where the inmates prepare to transition back

into the community housing approximately 42 inmates (August 28, 2025).

Year Three (3) of the original contract period, the two (2) facilities to be audited prior to August 20

2028 consist of NHCFW and Shea Farm.

• NHCF-W is a multi-security level women's facility from minimum to medium and closed

custody population housing approximately 98 inmates (August 28, 2025).

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

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Contractor Initials: ^ '9^Date: '^/vj

State of NH, Department of Corrections

PREA Audit Services

Contract NHDOC 2026-02

• Shea Farm Transitional Housing Unit is a minimum security facility housing approximately 21

inmates.

6. Specific Requirements:

PREA standard 115.402 specifies that audits shall be conducted by a member of a correctional

monitoring body that is not part of or under the authority of the agency; a member of an auditing entity

such as an inspector general or ombudsman office that is external to the agency; or other outside

individuals with relevant experience. Specific requirements shall include:

6.1. Contractor to be a Certified PREA Auditor, by demonstrating that they were accepted and

enrolled in the PREA Certified Auditor Training;

6.2. Completed the forty (40) hour training session; and

6.3. Contractor shall show proof of passing an examination at the end of the forty (40) hour training

session.

7. Certified PREA Auditor Qualifications:

Preference will be given to those Certified PREA Auditors who have completed training specific to

Prisons, Jails and Community Confinement Facilities. Beyond these requirements, qualifications in

terms of preference include:

7.1. At least thi ee (3) years of auditing, monitoring, quality assurance, investigations, or subsequent

similar experience with tlie facility type or set of standards in which certification is sought;

7.2. A bachelor's degree from an accredited college or university and equivalent career related

experience defined as five (5) years of contemporary full time public safety experience;

7.3. At least two (2) references from professionals in the field;

7.4. Passing a criminal background record check.

8. General Scope of Work:

The federal standard requires the PREA Audit to be completed by August 20, 2026, August 20, 2027

and August 20, 2028. The NH Department of Corrections seeks PREA Auditing services to be

performed no later than June 1, 2026, June 1, 2027 and June 1, 2028 with the final audit report

completed by June 30, 2026, June 30, 2027 and June 30, 2028. The facilities to be audited during the

original contract period will be the NNHCF, TWC and Calumet House Facilities.

9. Specific Activities/Tasks:

The Prison Rape Elimination Act Audit process consists of three (3) phases: Pre Audit, Audit and

Post Audit.

9.1. Pre-Audit:

9.1.1. Initial audit review of the NHDOC Pre Audit Questionnaire: Adult Prisons and Jails.

The Pre Audit Questionnaire will be forwarded by the NHDOC PREA Coordinator no

less than six (6) weeks prior to the first facility audit. The Auditor will review the

NHDOC responses to the Pre Audit Questionnaire and conduct follow-up calls with the

PREA Coordinator as well as the designated PREA Compliance Managers to gain

clarification and explain the audit process.

9.1.2. Auditor shall review the submitted NHDOC Questionnaire, Facility Specific

Questionnaire and relevant policies and procedures specific to the Audit.

9.1.3. Based on the review of the Pre Audit Questionnaire, the Auditor shall begin the Auditor

Compliance Tool.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

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Contractor Initials:/ ^"9

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State of NH, Department of Corrections

PRE A Audit Services

Contract NHDOC 2026-02

9.2. Audit:

9.2.1.

9.3.

Auditor shall conduct facility tours, specific to a PREA Audit. Each area of the facility

should be observed as the PREA standards require. The Auditor shall pay attention to:

• How well the inmates are supervised;

• How cameras and/or other monitoring technologies are used;

• Blind spots and other indicators that an area of the facility is not monitored in a

way that keeps inmates safe from sexual abuse; and

• It may be necessary to go back and look at areas of the facility after the tour if a

review of investigative files, other documentation, and/or interviews lead the

Auditor to have questions about safety and/or supervision.

9.2.2. Auditor shall review additional documents as necessary.

9.2.3. Auditor shall conduct staff interviews utilizing PREA Interview Questions specific to the

following positions:

Commissioner;

PREA Coordinator;

PREA Compliance Manager;

Warden;

Random selection of Staff; and

Specialized Staff (example: Investigators, Medical/Mental Health, and Training).

Auditor shall interview a minimum of ten (10) inmates during the audit visit. The

inmates will be randomly chosen by the Auditor from a list of all inmates in the facility.

Post Audit:

Auditor will complete and submit the Auditor Compliance Tool. Response for each

measure shall be based upon:

Review of policy and procedure;

Review of documentation;

Review of data;

Interviews with staff and inmates; and

Tour facility.

9.3.2. Auditor will upload additional documentation gathered from the outside;

9.3.3. Auditor shall determine the level of compliance for each standard and provide

commentary with justification for decisions;

9.3.4. Auditor shall complete the PREA Audit Report and shall submit the report to the

NHDOC within thirty (30) days of the completion of the audit. If the NHDOC is found

to have not met one or more PREA standards, a one hundred-eighty (180) day Corrective

Action Period (CAP) begins. The Auditor and the NHDOC will work together to develop

a plan to achieve compliance with those standards that were not met. The Auditor is

responsible for verifying the implementation of the Corrective Action Plan, such as

reviewing updated policies and procedures and/or re-inspecting portions of the facility.

After the one hundred-eighty (180) day period, the Auditor will issue a final

determination as to whether the facility has achieved compliance.

9.2.4.

9.3.1.

10. Deliverables:

The Auditor shall complete the PREA Audit: Audit's Summary Report Adult Prisons and Jails.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

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Contractor

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State ofNH, Department of Corrections

PRE A Audit Services

Contract NHDOC 2026-02

11. NH Department of Corrections Responsibilities:

11.1. NHDOC PREA Coordinator shall forward the PREA Pre Audit Questionnaire Adult Prisons and

Jails to the PREA Auditor no less than six (6) weeks prior to the first audit;

11.2. NHDOC PREA Coordinator and PREA Compliance Managers shall be available for any follow

up calls during the pre-audit phase to provide clarification and explanation of the audit process

by the PREA Auditor;

11.3. NHDOC PREA Coordinator shall provide any additional documents relevant to the audit process;

11.4. NHDOC PREA Coordinator and PREA Compliance Managers will coordinate with the PREA

Auditor the NHDOC site visit and facility tour; and

11.5. NHDOC PREA Coordinator will provide a list of inmates so that the PREA Auditor may

randomly select inmates to be interviewed.

12. General Service Provisions:

12.1. Rules and Regulations: Contractor agrees to comply with all Policies, Procedure and Directives

(PPD's) of the NHDOC. Contractor shall adhere to the Department's Administrative Rules,

Conduct and Confidentiality of Information policies.

12.2. Additional Facilities: Upon agreement of both parties, additional facilities belonging or

associated to NHDOC may be added to the contract.

12.3. Contractor Emplovee Information: The Contractor shall be responsible for obtaining a criminal

background check to include fingerprinting on all potential employees assigned by the Contractor

and/or sub-Contractors to provide services to NHDOC. Upon award of a Contract, the NH

Department of Corrections will notify the selected Contractor the procedures to obtain

background checks and fingerprinting. Contractor and/or subcontractor's employee hiring status

shall be contingent upon receipt of a criminal background check and fingerprinting report(s),

from the NH Department of Safety, and procedural review of said reports by the NH Department

of Corrections.

12.3.1. NHDOC reserves the right to conduct a procedural review of all criminal background

checks and fingerprinting reports of all potential Contractor and/or sub-Contractor

employees to determine eligibility status.

12.3.2. The NH Department of Corrections will notify the Contractor of any potential Contractor

and/or sub-Contractor employee who does not comply with the criteria identified in

12.3.3., below.

12.3.3. In addition, the Contractor and/or sub-Contractor shall not be able to hire employees

meeting the following criteria:

Individuals convicted of a felony shall not be permitted to provided services;

■ Individuals with confirmed outstanding arrest warrants shall not be permitted to provide

services;

■ Individuals with a record of a misdemeanor offense(s) may be permitted to provide services

pending determination of the severity of the misdemeanor offense(s) and review of the

criminal record history by the Director of Professional Standards an^or designee of the

NH Department of Corrections;

■ Individuals with restrictions on out-of-state and/or State of NH professional licenses and

or certifications;

■ Individuals whose professional licenses and/or certification have been revoked and

reinstated from other States and/or the State of New Hampshire;

■ Individuals with a history of drug diversion;

■ Individuals who were a former State of NH employee and/or former contract employee

that was dismissed for cause;

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■ Individuals previously employed with the NH Department of Corrections without prior

approval of the NH Department of Corrections; and

■ NHDOC may not permit relatives of currently incarcerated felons to provide services

without prior approval.

12.4. Licenses. Credentials and Certificates: The Contractor shall ensure that the PREA Auditor

selected to perform the required services under the Contract shall be certified to perform

certified audits for Prisons, Jails and Community Confinement Facilities. The Contractor and

its staff shall possess the credentials, licenses and/or certificates required by law and

regulations to provide such services.

12.5. Admittance: The NH Department of Corrections may, at its sole discretion, remove from or

refuse admittance to any Department facility any person providing services under this Contract

without incurring penalty or cost for exercising this right. The Contractor shall be responsible

for assuring that the services that the person(s) so removed or denied access are delivered.

13. Administrative Rules, Policies, Regulations and Policy and Procedure Directives:

Contractor shall comply with any applicable NH Department of Corrections Administrative Rules,

Policies, Regulations and Policy and Procedure Directives (PPD's) to include but not limited to PPD

5.08: Staff Personal Property Permitted In and Restricted from Prison Facilities. Additional

information can be located as a separate link: RTF Resources I NH Department of Corrections

14. Prison Rape Elimination Act (PREA) of 2003:

Contractor shall comply with the Prison Rape Elimination Act (PREA) of 2003 (Federal Law 42

U.S.C. 15601 et. seq.), with all applicable Federal PREA standards, and with all State policies and

standards related to PREA for preventing, detecting, monitoring, investigating, and eradicating any

form of sexual abuse within facilities/programs/offices owned, operated, or contracted. Contractor

acknowledges that, in addition to self-monitoring requirements, the State will conduct compliance

monitoring of PREA standards, which may require an outside independent audit. Additional

information can be located as a separate link: RFP Resources ! NH Department of Corrections

15. Protected Health Information (PHI):

Contractor shall safeguard any and all PHI according to the terms of the Health Information Portability

and Accountability Act of 1996, Public Law 104-191 and the Standards for Privacy and Security of

Individually Identifiable Health Information, 45 CFR Parts 160, 162 and 164 and amendments.

In performing its obligations under Contract, Contractor may gain access to information of the patients,

including confidential information or Patient Health Information (PHI). The Contractor shall not use

information developed or obtained during the performance of, or acquired or developed by reason of

the Contract, except as is directly connected to and necessary for Contractor's performance under the

Contract.

The Contractor agrees to maintain the confidentiality of and to protect from unauthorized use,

disclosure, publication, reproduction and all information of the patient that becomes available to the

Contractor in connection with its performance under the Contract. In the event of unauthorized use of

or disclosure of the patient's information, the Contractor shall immediately notify the NH Department

of Corrections.

All financial, statistical, personnel and/or technical data supplied by NH Department of Corrections to

the Contractor are confidential. The Contractor is required to use reasonable care to protect the

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confidentiality of such data. Any use, sale or offering of this data in any form by the Contractor, or any

individual or entity in the Contractor's charge or employ, will be considered a violation of this Contract

and may result in contract termination. In addition, such conduct may be reported to the State Attorney

General for possible criminal prosecution.

16. Change of Ownership:

In the event that the Contractor should change ownership for any reason whatsoever, the NH

Department of Corrections shall have the option of continuing under the Contract with the Contractor

or its successors or assigns for the full remaining term of the Contract, continuing under the Contract

with the Contractor or, its successors or, assigns for such period of time as determined necessary by the

NH Department of Corrections, or terminating the Contract.

17. Contractor Designated Liaison:

Contractor shall designate a representative to act as a liaison between the Contractor and the Department

of Corrections for the duration of the Contract and any renewals thereof. The Contractor shall, within

five (5) days after the award of the Contract: submit a written identification and notification to NH

Department of Corrections of the name, title, address, telephone & fax number, of its organization as a

duly authorized representative to whom all correspondence, official notices and requests related to the

Contractor's performance under the Contract.

17.1 Any written notice to the Contractor shall be deemed sufficient when deposited in the U.S. mail,

postage prepaid and addressed to the person designated by the Contractor under this paragraph.

17.2 The Contractor shall have the right to change or substitute the name of the individual described

above as deemed necessary provided that any such change is not effective until the Commissioner

of the NH Department of Corrections actually receives notice of this change.

17.3 Changes to the named Liaison by the Contractor must be made in writing and forwarded to NH

Department of Corrections, Director of Professional Standards, or designee, P.O. Box 1806,

Concord, NH 03302.

18. Contractor Liaison's Responsibilities:

Contractor's designated liaison shall be responsible for:

18.1 Representing the Contractor on all matters pertaining to the Contract and any renewals thereof.

Such a representative shall be authorized and empowered to represent the Contractor regarding

all aspects of the Contract and any renewals thereof.

18.2 Monitoring the Contractor's compliance with the terms of the Contract and any renewals thereof.

18.3 Receiving and responding to all inquiries and requests made by NH Department of Corrections

in the time frames and format specified by NH Department of Corrections in this RFP and in the

Contract and any renewals thereof; and

18.4 Meeting with representatives of NH Department of Corrections on a periodic or as-needed basis

to resolve issues which may arise.

19. NH Department of Corrections Contract Liaison Responsibilities:

NH Department of Corrections' Commissioner, or designee, shall act as liaison between the Contractor

and the NH Department of Corrections for the duration of the Contract and any renewals thereof. The

NH Department of Corrections reserves the right to change its representative, at its sole discretion,

during the term of the Contract, and shall provide the Contractor with written notice of such change.

The NH Department of Corrections representative shall be responsible for:

19.1 Representing the NH Department of Corrections on all matters pertaining to the Contract. The

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representative shall be authorized and empowered to represent the NH Department of Corrections

regarding all aspects of the Contract, subject to the approval of the Governor and Executive

Council of the State of New Hampshire, where needed.

19.2 Monitoring compliance with the terms of the Contract.

19.3 Responding to all inquiries and requests related to the Contract made by the Contractor, under

the terms and in the timeffames specified by the Contract.

19.4 Meeting with the Contractor's representative on a periodic or as-needed basis and resolving

issues, which arise.

19.5 Informing the Contractor of any discretionary action taken by the NH Department of Corrections

pursuant to the provision of the Contract.

20. Reporting Requirements:

NH Department of Corrections shall, at its sole discretion:

20.1 Request the Contractor to provide proof of any and all permits to perform courier services as

required by authorities having local, state and/or federal jurisdiction at any time during the life

of the Contract and any renewals thereof.

20.2 All material developed or acquired by the Contractor, as a result of work under the Contract shall

become the property of the State of New Hampshire. No material or reports prepared by the

Contractor shall be released to the public without the prior written consent of the NH Department

of Corrections.

20.3 Any reports and/or information requested by the NH Department of Corrections forwarded to^

NH Department of Corrections, Director of Professional Standards, or designee, P.O. Box 1806,

Concord, NH 03302.

21. Performance Evaluation:

NH Department of Corrections shall, at its sole discretion monitor and evaluate the Contractor's

compliance with the Terms and Conditions and adherence to the Scope of Services of the Contract for

the life of the Contract and a.ny renewals thereof.

22. Performance Measures:

NH Department of Corrections shall, at its sole discretion:

22.1 Inform the Contractor of any dissatisfaction with the Contractor's performance and include

requirements for corrective action.

22.2 Terminate the Contract as permitted by law, if the NH Department of Corrections determines that

the Contractor:

22.2.1 Does not comply with the terms of the Contract.

22.2.2 Has lost or has been notified of intention to lose their certification/licensure/permits.

22.2.3 The Contractor shall-fully coordinate the performance activities of the Contract with

those of the NH Department of Corrections. As the work of the Contractor progresses,

advice and information on matters covered by the Contract shall be made available by

the Contractor to the NH Department of Corrections as requested by the Department

throughout the effective period of the Contract.

23. Bankruptcy or Insolvency Proceeding Notifications:

23.1 Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether

voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit

of creditors, the Contractor must notify the NH Department of Corrections immediately.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

NH Department of Corrections PREA Audit

Professional Standards Contract NHDOC 2026-02

Contractor Initials

ADate:/

State of NH, Department of Corrections

PRE A Audit Services

Contract NHDOC 2026-02

23.2 Upon learning of the actions herein identified, the NHDOC reserves the right at its sole discretion

to either cancel the Contract in whole or in part, or, re-affirm the Contract in whole or in part.

24. Embodiment of the Contract:

In the event of a conflict in language between the documents referenced below, the provisions and

requirements set forth and/or referenced in the negotiated document noted in 24.1.1. shall govern. The

NH Department of Corrections reserves the right to clarify any contractual relationship in writing with

the concurrence of the Contractor, and such written clarification shall govern in case of conflict with

the applicable requirements stated in the RFP or the Vendor's Proposal and/or the result of a Contract.

24.1 Order of Precedence:

24.1.1 State of NH Department of Corrections Contract Agreement NHDOC 2026-02.

24.1.2 State of NH Department of Corrections RFP NHDOC 2026-02.

24.1.3 Vendor's Response to RFP NHDOC 2026-02.

25. Cancellation of Contract:

NH Department of Corrections may cancel the Contract at any time for breach of contractual obligations

by providing the Contractor with a written notice of such cancellation. Should the NH Department of

Corrections exercise its right to cancel the Contract, the cancellation shall become effective on the date

as specified in the Notice of Cancellation sent to the Contractor.

25.1 The NH Department of Corrections reserves the right to terminate the Contract without penalty

or recourse by giving the Contractor a written notice of such termination at least sixty (60) days

prior to the effective termination date.

25.2 The NH Department of Corrections reserves the right to cancel this Contract for the convenience

of the State with no penalties by giving the Contractor sixty (60) days' notice of said cancellation.

26. Contractor Transition:

NH Department of Corrections, at its discretion, in any Contract or renewals thereof, resulting from

this RFP, may require the Contractor to work cooperatively with any predecessor and/or successor

Contractor to assure the orderly and uninterrupted transition from one Contractor to another.

27. Audit Requirement:

Contractor agrees to comply with any recommendations arising from periodic audits on the'

performance of the Contract, providing that the recommendations do not require unreasonable hardship,

which would normally affect the value of the Contract.

28. Additional Reporting Requirements:

Contractor shall provide any and all reports as requested on an as needed basis according to a schedule

and format to be determined by the NHDOC including by not limited to:

28.1 Copy of the Auditor's Summary Report Adult Prisons and Jails;

28.2 Copy of the Correctional Action Plan (if applicable);

28.3 Breakdown of invoices;

28.4 It is the intent of the NH Department of Corrections to work with the Contractor so that the

Contractor can provide any reporting requirements that meets our needs.

29. Notification to the Contractor:

NH Department of Corrections shall be responsible for notifying the Contractor of any policy or

procedural changes affecting the contracted services at least thirty (30) days before the implementation

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

NH Department of Corrections PREA Audit

Professional Standards Contract NHDOC 2026-02

Contractor Initials:

Date; ' 'T/o

State of NH, Department of Corrections

PRE A Audit Services

Contract NHDOC 2026-02

of such policy or procedure. The Contractor shall implement the changes on the date specified by the

Department.

30. Other Contractual Documents Required by the NH Department of Corrections:

Form Number P-37 (version 5/8/15); Certificate of Good Standing; Certificates of Authority/Vote;

Certificate of Insurance; Administrative Rules, Rules of Conduct, Confidentiality of Information

Agreements; PREA Acknowledgement Form and ALT-W9 Registration shall be applicable for the

requested contracted activities and are located as a separate link on the NH Department of Corrections

website; RFP Resources I NH Department of Corrections with instructions found in the Proposal

Check Sheet.

31. Rejection of Proposals:

Proposals may be rejected at any time at the discretion of the Director of Administration or designee if

the Contractor:

31.1 Has any interest that shall, in the sole discretion of the NHDOC, conflict with performance of

services for the State.

31.2 If a non-profit/not-for-profit fails to furnish the NHDOC with the names and addresses of the

organization's Board of Directors/Members, List of Key Personnel and Salaries and/or Resumes

of Key Personnel (redact all personal information pertaining to these requirements.

31.3 Fails to make an oral presentation, if requested by the NHDOC, at a time, place and in a manner

satisfactory to the Department.

31.4 Fails to reach an agreement with the NHDOC on any and all Contract terms.

32. Remedies for "Minor Irregularities" of a Proposal:

The NH Department of Corrections, in its sole discretion, may determine that non-compliance with any

RFP requirement is insubstantial. In such cases, the Department may:

32.1 Seek clarification.

32.2 Allow the Contractor to make corrections, or

32.3 Apply a combination of the two (2) remedies.

The remainder of this page is intentionally left blank.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

IVH Department of Corrections PREA Audit

Professional Standards Contract NHDOC 2026-02

Contractor Initials:

Dm: -

State of NH, Department of Corrections

PRE A Audit Services

Contract NHDOC 2026-02

Estimated Budget/Method of Payment, Exhibit C

1. PREA Auditing Cost Proposal:

Cost Proposals shall include all pre-audit, audit, post-audit services. If a Correction Action

Plan (CAP) period is initiated, please identify the cost of the CAP services separately from the

cost of all pre-audit, audit, post-audit services.

Facility Address Cost Proposal

Year 1:

Northern Correctional Facility

(NNHCF) 138 East Milan Road, Berlin, NH 03570 $ 4500.00

Concord Transitional Work

Center (TWC)

275 North State Street, Concord, NH

03301 $ 3500.00

Calumet House, Transitional

Housing Unit 126 Lowell Street, Manchester, NH 03104 $ 3500.00

Correctional Action Plan Year 1

{if applicable) $ 0

Subtotal Year 1: $ 11,500.00

Year 2:

'NH State Prison for Men

(NHSP-M)

281 North State Street, Concord, NH

03301 $ 4500.00

North End Transitional Housing

Unit/Transitional Work

Center (NEH)

1 Perimeter Road, Concord, NH 03301 $ 3500.00

Correctional Action Plan Year 1

{if applicable) $ 0

Subtotal Year 2: $ 8000.00

Year 3:

NH Correctional Facility for

Women (NHCF-W) 42 Perimeter Road, Concord, NH 03301 $ 4500.00

Shea Farm Transitional Housing

Unit (Shea Farm) 60 Iron Works Road, Concord, NH 03301 $ 3500.00

Correctional Action Plan Year 1

{if applicable) $ 0

Subtotal Year 3: $ 8000.00

Total Three-Year Contract Price (add Subtotal Year I, 2 & 3) $ 27,500.00

' Services shall include Secure Psychiatric Unit (SPU) and Residential Treatment Unit (RTU)

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

NH Department of Corrections

Professional Standards

PREA Audit

Contract NHDOC 2026-02

Contractor Initials

Date

itiais:A2^,

State of NH, Department of Corrections

PREA Audit Services

Contract NHDOC 2026-02

2. Method of Payment:

2.1. Contractor shall provide itemized invoices, commencing thirty (30) days after the start of service

and submitted by the fifteenth (15th) day of each month following the month in which services

are provided. Contractor shall submit all invoices to NHDOC in a timely manner.

2.2. Invoices shall be sent to the NH Department of Corrections, Financial Services, P.O. Box 1806,

Concord, NH 03302, or designee, for approval. The "Bill To" address on the invoice shall be NH

Department of Corrections, Financial Services, P.O. Box 1806, Concord, NH 03302. NHDOC

will accept invoices in electronic format to expedite payment to: DOC-

Financialservices@DOC.nh.Gov.

2.3. NHDOC may adjust the payment amount identified on the Contractor's invoice if an invoice is

not submitted in accordance with the instructions established by NHDOC.

2.4. NHDOC Bureau of Financial Services may issue payment to Contractor within thirty (30) days of

receipt of an approved invoice. Invoices shall contain the following information:

- 2.44. Invoice date, invoice nunSber, account number (if applicable), facility; = ■-. > -•,..t;i..

2.4.2. Quantity and description of services rendered;

2.4.3. Dates of said services; and

2.4.4. Itemized service total charge.

2.5. Contractor shall not invoice federal tax. The State's tax-exempt certificate number is 026000618...

The remainder of this page is intentionally blank.

Promoting Public Safety with Respect, Professionalism, Dedication and Courage as One Team

NH Department of Corrections PREA Audit

Professional Standards Contract NHDOC2026-02

Page46of51

Contractor Initials:^ /

State of New Hampshire

Department of State

CERTIFICATE

I, David M, Scanlan, Secretary of State of the State of New Hampshire, do hereby certify that PATRICK J ZIRPOLI, LLC is

a Petmsylvania Limited Liability Company registered to transact business in New Hampshire on May 23, 2017.1 further certify

that all fees and documents required by the Secretary of State's office have been received and is in good standing as far as this

office is concerned.

Business ID: 770958

Certificate Number: 0007295373

%

>

fe)

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 26th day of September A.D. 2025.

David M. Scanlan

Secretary of State

Certificate of Authority #6 „(bole Proprietor)

Sole Proprietor Certification of Aiithorify

I, Patrick J. Zirpoli ^ hereby certify that I am a Sole Proprietor

{Name)

^ tradename registered with the Secretary of

under RSA 349. I certify that I am the sole owner of my business and of the tradename.

1 fiirther certify that it is understood that the State of New Hampshire wiii reiy on this certificate as

evidence that the person listed above cuirentiy occupies the position indicated and that they have full authority to

bind the business.

DATED: 09/29/25 attitqt //

/// / /, X Owner' ({Ndfr^and Title)

ACORiy CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ODfYYYY)

01/21/2026THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies} must be endorsed. If SUBROGATION IS WAIVED, subjact tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the

certificate holder in lieu of such andorsementfs).

PRODUCER

LocalEdge Insurance Agency, Inc,

PO Box 639868

Cincinnati, OH 45263-9868

INSURED

Patrick J. Zirpoli LLC

149 Spruce Swamp Rd

Milanville, Pa 18443

COVERAGES

toMTAer—

MAME

PHONE

wc.

e-mail

ADDRESS:

(KSURER A:

800-444-1744

J!VSURER(Sj AFFORDING COVERAGE

Scottsdale Insurance Co.

[A^,Nqi:877-444-4094

NAiC«

41297

INSURER B: Hiscox Insurance Company Inc aA-1 1220098

INSURER C:

INSURER 0.

INSURER (E.

INSURER r.•

CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAN4ED ABOVE FOR THE POLICY PERIOD

INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY ^HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,

IRSR AddLSUBR ROLICVEFF POLICY ejffi'TTYPE OF INSURANCE POLICYINSR WVD NUMBER

OENERAL LiAaiirrY

X commercial general uASiui-v

X"CLAIMS44ADE OCCUR

IMIIll,-DO-VYYYi fMW/DD/YYVYi

CPS8347647

EACH -■.'OCURRENCE %

DAMAGETO RENTEP-— 1

PREMiS£S.,{^a.«;su^^

MEO EXP jAn* p#R5crT) S

1.000,000

' ioaooo

5.000

GEM AQGREOATE LIMIT APPUES PER.

POLICY LOG

02/06/2026 02/06/2027 personal $ adv ^URV _EXCIUD£D

2j000.000

2,000,000

general aggreqate

PRODUCTS •• COMP.10P AGG

AUTOMOBILE LlABlLmr

ANY AUTO

all owned

AUTOS

HIRED AUTOS

SCHEDULED

AUTQS

NON-OWNED

AUTOS

COMSlNeO SINGLE LIMIT,jEa acciderttj J

BOCiLY (Per person) %

30DILY INJURY fPer accident) $

-...iP*'

UMBRELLA UA8 OCCUR EACH occuRasNce t

EXCESS LtAB CLAfMS-MADE ASGREGATs $

DEO RETENTICNI s

WORKERS COMPENSADON

AND EMPLOYERS- LIABILITY y, ^

^ AW tJROPHiETGR PARTNER EXECUTIVE ! 1

Of^'IC£R,7u<tVBcR FXJL.UCfD-' i, N / A:

(MandatcHV in NH)

It yes. urrdar

CtSCRjPTiON OF OPERATIONS l>«icv»

WC STA-U-.,T,QRY,iftU^S,

OTH.,£P,

e,L, EACH ACCIDENT s

EL_D(S|^E-JA

E,L DISEASE - POLICY LIMIT t

B PROFESSIONAL LIABILITY MPLT 533273-26 ■

EACH CLAIM

02/06/2026 02/06/202? AGGREGATE

RETENTION

52,000,000

$2,000,000

51,000

DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Att»ch ACORO 101, Addttlonal Rtawarks Schedule. »f mofe space m required)

THE CERTIFICATE HOLDER IS NAMED AS ADDITiONAl INSURED PER POLICY FORM C6 20 26,

NH DEPARTMENT OF CORREQIONS

PO BOX 1806

CONCORD, NH 03302-1806

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHOfM^eO REPRESENTAnVE

C_„,

The ACORD name and logo are registered marks of ACORD

Patrick J. Zirpoli LLC

149 Spruce Swamp Road

Milanville, PA 18443

570-560-5660

September 29, 2025

NH Department of Corrections

P.O. Box 1806

Concord, NH 03302-1806

Re: Workers' Compensation Insurance Requirement

To Whom It May Concern:

This is to request an exemption from the Worker's Compensation Insurance requirement. I amthe sole owner, sole proprietor, of my organization, Patrick J. Zirpoli LLC, and I am not required

to carry workers' compensation.

Thank you,

//„Pamck J. Zirpoli, Owner

State of NH, Department of Corrections

PRE A Audit Services

RFPNHDOC 2026-02

Appendix A-Transmittal Letter

Proposal Due Date: October 3,2025

[insert name of Signer] Patrick J. Zirpoli, on behalf of Patrick J. Zirpoli LLC [insert

name of entity submitting bid (collectively referred to as "Vendor"] hereby submits an offer as contained in the written

bid submitted herewith ("Bid") to the State of New Hampshire in response to BID hereby offers NHDOC, PREA Audit

services as outlined in RFP NHDOC 2026-02 at the price(s) quoted in the Vendor response in complete accordance with

all conditions of this RFP and the Standard Terms and Conditions outlined in Appendix C - Standard Terms and

Conditions.

The Vendor attests to the fact that:

1. The Vendor has not altered any of the language or other provisions contained in the Proposal document.

2. The Proposal is effective for a period of 180 days from the Proposal due date.

3. The Proposal was established without collusion with other parties.

4. The Vendor has read and fully understands this Proposal, Addendums to the RFP, and the terms and conditions including

but not limited to the Standard Terms and Conditions in Appendix C - Standard Terms and conditions, which shall form

the basis of any Contract resulting from this RFP.

5. Vendor attests that no new terms and conditions have been added and no existing terms and conditions have been deleted

or modified from the PREA Audit services, RFP NHDOC 2026-02 used in the Vendor's Proposal response.

6. In accordance with RSA 21-1:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries,

affiliates or principal officers (principal officers refers to individuals with management responsibility for the entity or

association):

a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any

state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust

violations, which has not been annulled;

b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to

RSA 638:20;

c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or

any other document submitted to the state of New Hampshire, which information was not corrected as of the time of

the filing a bid, proposal, or quotation;

d. Is currently debarred from performing work on any project of the federal government or the govemment of any state;

e. Has, within the past 2 years, failed to cure a default on any contract with the federal govemment or the govemment

of any state;

f. Is presently subject to any order of the department of labor, the department of employment security, or any other state

department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of

the laws or mles that the department, agency, board, or commission is charged with implementing;

g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of

employment security, or any other state department, agency, board, or commission, which sanction or penally has

not been fully discharged or fulfilled;

h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in

this section;

i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or

violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment:

or

j. Has been placed on the debarred parties list described in RSA 21 -1:11-c within the past year.

This document shall be signed by a person who is authorized to legally obligate the responding Vendor. A signature on

this document indicates that all State of New Hampshire terms and conditions are accepted by the responding Vendor and

that any and all other terms and conditions submitted by the responding Vendor are null and void, even if such terms and

conditions haye terminology to the contrary. The responding Vendor shall also be subject to State of New Hampshire

terms and conditions as stated. -.

Authorized signer's Signature: / J Authorized Signer's Title: Owner

Promoting Public Safety ^ith Respect, Professionalism, Dedication and Courage as One Team

NH Department of Corrections PREA Autiit

Professional Sianttarits gpp nhDOC 2026-02

Vendor Initials:

Date: 9/^V^y

State ofNH, Department of Corrections

PRE A Audit Services

RFP NHDOC 2026-02

Vendor's Official Point of Contact

Information Title of Contract Signatory faboveV. Owner

Contract Signatory Telephone Number: 570-560-5660

Contract Signatory E-Mail: pi26896@.ptd.net

Address of Contract Signatory: 149 Spruce Swamp Rd. Milanville, PA 1844'^

Contact Person (if different from Contract Signatory):

Contact Person E-Mail: piz6896@ptd.net

URL: https://vyww.patrickizirpoIi.com

Contract Signatory Signature (above):

NOTARY PUBUC/JUSTICE OF TIBfi PEACE

County: ^tate:

Ofl this ^^^^ayof*", 20^^^ personally appeared before me, the above named

_, in his/her capacity as an authorized representative of

[Contract Signatory]

Pa-T LL^, known to me or satisfactorily proven, and took oath[Organization]

that the foregoing is true and accurate to the best of his/her knowledge and belief.

In wi thereof, iess 0 set md official hand and official seal.

(NotaiV Pubiic/Justid^of the Peace) ^ On (My Commission Expires)

Commonwealth of Pennsylvania • Notary Seal

Denise Milion, Notary Public

Wayne County

My commission expires August 19,2026

Commission number 1113158

Member, Pennsylvania Association of Notaries

^ * *

O. V <r - lA.

*1'. d' •X > CO

■<;

O.

"tl,

•p -.1

'/c

Promoting Public Safety with Respect, Professionaiism, Dedication and Courage as One Team

State ofNH, Department ofCorrections PREA Audit Services

Division ofProfessional Standard RFP NHDOC 2026-02

i

Initials:

NH DEPARTMF.NT OF CORRECTIONS

ADMINISTRATIVE RULES

Cor 307 Items Considered Contraband. Contraband shall consist of:

a) Any substance or item whose possession is unlawful for the person or the general public

possessing it including but not limited to:

(1) narcotics

(2) controlled drugs or

autornatic or concealed weapons possessed by those not licensed to have them.) Any firearm, simulated firearm, or device designed to propel or guide a projectile against a

person, animal or target.

c) Any bullets, cartridges, projectiles or similar items designed to be projected against a

person, animal or target.

d) Any explosive device, bomb, grenade, dynamite or dynamite cap or detonating deviceincluding primers, primer cord, explosive powder or similar items or simulations of these

Items.

e) Any drug item, whether medically prescribed or not, in excess of a one day supply or insuch quantities that a person would suffer intoxication or illness if the entire available

quantity were consumed alone or in combination with other available substances.

f) Any intoxicating beverage.

g) Sums of money or negotiable instruments in excess of $ 100.00.

h) Lock-picking kits or tools or instruments on picking locks, making keys or obtaining

surreptitious entry or exit.

The following types of items in the possession of an individual who is not in a vehicle butshall not be contraband stored in a secured vehicle:

(1) knives and knife-like weapons, clubs and club-like weapons,

(2) tobacco, alcohol, drugs including prescription drugs unless prior approval is

granted in writing by the facility Warden/designee, or Director/designee,

(3) maps of the prison vicinity or sketches or drawings or pictorial representations ofthe facilities, its grounds or its vicinity,

(4) pornography or pictures of visitors or prospective visitors undressed,

(5) radios capable of monitoring or transmitting on the police band in the possessionof other than law enforcement officials,

(6) identification documents, licenses and credentials not in the possession of the

person to whom properly issued,

(7) ropes, saws, grappling hooks, fishing line, masks, artificial beards or mustaches,

cutting wheels or string rope or line impregnated with cutting material or similar

Items to facilitate escapes,

(8) balloons, condoms, false-bottomed containers or other containers which could

facilitate transfer of contraband.

COR 307 02 Contraband on prison grounds is prohibited. The possession, transport, introduction, usesale or storage of contraband on the prison grounds without prior approval of the commissioner ofcorrections or his designee is prohibited under the provision of RSA 622:24 and RSA 622:25.

COR 307.03 Searches and Inspections Authorized.

a) Any person or property on state prison grounds shall be subject to search to discover

contraband...

Travel onto prison grounds shall constitute implied consent to search for contraband In such

cases where implied consent exists, the visitor will be given a choice of either consenting tothe search or impiediately leaving the prison grounds. Nothing in this rule however, prevents

non-consensual searches in situations where probable cause exists to believe that the visitor isor had attempted to introduce contraband into the prison pursuant to the law of New

Hampshire concerning search, seizure and arrest.

b) All motor vehicles parked on prison grounds shall be locked and have the keys removed.Custodml personne! shall check to insure that vehicles are locked and shall visually inspectthe plain view interior of the vehicles. Vehicles discovered unlocked shall be searched to

insure that no contraband is present. Contraband discovered during searches shall be

confiscated for evidence, as shall contraband discovered during plain view inspections.

entering the facilities to visit with residents or staff, or to perform services at the

facilities or to tour the facilities shall be subject to having their persons checked. All itemsand clothing carried into the institution shall be searched for contraband.

Name Signaature

Patrick J.Zirpoli // 7 'In h'^/Q ?Date

NH DEPARTMENT OF CORRECTIONS

HEALTH INSURANCE PORTABIITTV AND ACCOTTNTABTT JTV ACT

BUSINESS ASSOCIATE AGREEMENT

164 AfdefiLd and Security of Individually Identifiable Health Information, 45 CFR Parts 160 andthe Cnnt^ i r'"'- Associate" shall mean the Contractor and subcontractors and agents of"CnSreH F n^if"I® protected health information under this Agreement andntity shall mean the State of New Hampshire, Department of Health and Human Services.

(1) Definitions

"designated record set" in 45 CFR

b^Jto^ggregatipn" shall have the same meaning as the term "data aggregation" in 45 CFR Section

operations" in 45 CFR

d "fflPM" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-

meaning as the term "individual" in 45 CFR Section 164 501 and shall

164 50,®.'""'°" """ represenMive in accordance with iFcFk Sect"

tStplt'ltotd TdT ''a'"f Mentiflable Health Information atHuln Setees ' P""""'®"'"" "y the United States Department of Health and

on behatof Stred Entt °' "

loS"""* '"' ''™" '=™ "''1"'"^'' >'y in 45 CFR Section

des^'™' D^Pn^nient of Health and Human Services or his/her

(2) Use and DiscIositp »f P.-otected Health Information

of Corrections

Division of Medicai and Forensic Services ^"8^ 1 of S

Vendor Initials: Jj

Associate shall not use, disclose, maintain or transmit Protected Health Information (PHI)except as reasonably necessary to provide the services outlined under Exhibit A of the Agreement

apemrnl Business Associate shall not, and shall ensure that its directors, officers, employees andagents, do not use, disclose, maintain or transmit PHI in any manner that would constitute a violation ofthe Privacy and Security Rule.

b. Business Associate may use or disclose PHI:

(i) for the proper management and administration of the Business Associate;OO as required by law, pursuant to the terms set forth in paragraph d. below,' or(111) for data aggregation purposes for the health care operations of Covered'Entity.

c. To the extent Business Associate is permitted under the Agreement to disclose PHI to a third partv

dS disclosure, (i) reasonable assurances from theor fo •'Vh confidentially and used or further disclosed only as required by law

to immedSTt X T agreement from such third partyto immediately notify Business Associate of any breaches of the confidentiality of the PHI, to the extent ithas obtained knowledge of such breach.

L^er^ExhilT? to provide servicesunder Exhibit A of the Agreement, disclose any PHI in response to a request for disclosure on the basis

to o4ctrthe'disclo^''' has an opportunityto object to the disclosure and to seek appropriate relief. If Covered Entity objects to such disclosure theBusiness Associate shall refrain from disclosing the PHI until Covered Entity has exhausted all remedies.

additimiafrTslTcti^^^^^ ?h the Business Associate that Covered Entity has agreed to be bound bySecuHt^ R ilf R a"'®' safeguards of PHI pursuant to the Privacy andPHI in^iS;lf^"'rH!t V restrictions and shall not disclosem violation of such additional restrictions and shall abide by any additional security safeguards.

(3) Obligations and Activities of Business Associate

a. Business Associate shall report to the designated Privacy Officer of Covered Entity in writing anv use

Entirdarof»toh°i.''h°'''''°" involving Covered

b. Business Associate shall use administrative, physical and technical safeguards that reasonablv and

SZrror ar'olr »f protected health information, iny other form, that it creates, receives, maintains or transmits under this Agreement in

SdVtht AgreeZt' "'h" ">» -

d. Business Associate shall require all of its business associates that receive, use or have access to PHI

dllcLur'e olraTconlLirh ^^e use andSectinn HM, A u ^he duty to return or destroy the Pffl as provided under

Contractor' h" " Entity shall be considered a direct third party beneficiaiy of the® associate agreements with Contractor's intended business associates, who will be

Vendor Initials; /f"

smmmmm-sshaTprovS De23 B-'"- AssociateE„%,,„ an individual in order ro n.J..he S cS SeS

enable Covered Entity to fulfil] its obligationtunderrcF^R Seetion'JST '°

disclosures with respect,0PHllaceLaLwift« ere "" "f

B=£s5=4:="r"==^^^Sn'elALlTrtviliHff^^^^::r eT:;^:::jt"^:;r r;r=t;?^tf r

sharjetrror'dlt^rsptfflStt™^^^S'M " '" Tr"°°

d~ "q'S'taft: 'rnfiL^^iat:"d:ty~:u'p™,he 'r- '"''Tcertify to Covered Entity that the PHI has been destroyed Business Associate shall

(4) Obligations nf Tnvered Entity

Srr^BW''^=~~

■^'"'5 AW, Department of CorrectionsDivision ofMedical and Forensic Services Pfge 3 of5

Vendor \mX\vAs\^^—

b. Covered Entity shall promptly notify Business Associate of any changes in, or revocation of permissionprovided to Covered Entity by individuals whose PHI may be used or disclosed by Business Associateunder this Agreement, pursuant to 45 CFR Section 164.506 or 45 CFR Section 164.508.

Associate of any restrictions on the use or disclosure ofPHI that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent that such

restriction may affect Business Associate's use or disclosure of PHI.

(5) Termination for Cau.se

In addition to standard provision #10 of this Agreement the Covered Entity may immediately terminatethe Agreernent upon Covered Entity's knowledge of a breach by Business Associate of the BusinessAssociate Agreement set forth herein as Exhibit I. The Covered Entity may either immediately terminatee Agreement or provide an opportunity for Business Associate to cure the alleged breach within a

imeframe specified by Covered Entity. If Covered Entity determines that neither termination nor cure isfeasible, Covered Entity shall report the violation to the Secretary.

(6) Miscellaneoii.s

l' Definitions and Regulatory References. All terms used, but not otherwise defined herein, shallhave the same meaning as those terms in the Privacy and Security Rule, as amended from time to

time. A reference in the Agreement, as amended to include this Exhibit I, to a Section in the

rivacy and Security Rule means the Section as in effect or as amended.

b. Amendment Covered Entity and Business Associate agree to take such action as is necessaryo arnend the Agreement, from time to time as is necessary for Covered Entity to comply with

e changes in the requirements of HIPAA, the Privacy and Security Rule, and applicable federaland state law.

c. Data Ovvnership. The Business Associate acknowledges that it has no ownership rights withrespect to the PHI provided by or created on behalf of Covered Entity.

d. Interpretation The parties agree that any ambiguity in the Agreement shall be resolved topermit Covered Entity to comply with HIPAA and the Privacy and Security Rule.

e. Segregation. If any term or condition of this Exhibit I or the application thereof to anyperson(s) or circumstance is held invalid, such invalidity shall not affect other terms or

conditions which can be given effect without the invalid term or condition; to this end the termsand conditions of this Exhibit I are declared severable.

f Survival. Provisions in this Exhibit I regarding the use and disclosure of PHI, return ordestruction of PHI, extensions of the protections of the Agreement in section 3 k, the defense and

indemnification provisions of section 3.d and standard contract provision #13, shall survive thetermination of the Agreement.

PORTA^U^TV^AMn^*^f^n!?Tr^^^^^ executed this HEALTH INSURANCEABILITY AND ACCOUNTABILITY ACT BUSINESS ASSOCIATE AGREEMENT.

State ofNH, Department of Corrections ^

Division of Medicai and Forensic Services

Vendor Initials: /l/

r

New Hampshire Department of Corrections

State of New Hanryj^riTre/^gency Name

Signatiirp-^/^thorized Representative

Tlliam Ryan Hart, Jr.

Authorized DOC Representative Name

Commissioner

Authorized DOC Representative Title

T ■ q • UDate

Patrick J. Zirpoii LLC

Contif^c^forKepfe'^tiiitiw Signature

/ 'Patrick J. Zirpoii

Authorized Contractor Representative Name

Owner

Authorized Contractor Representative Title

9/29/25

Date

Stale of i\H, Deparinieiii of Corrections

Division ofMedical and Forensic Services

Page S ofS

Vendor Initials: iv "7"

NH DEPARTMENT OF CORRECTIONS

RULES OF CONDUCT FOR PERSONS PROVIDING CONTRACT SERVICES

prSked:'" following activities with persons under departmental control is strictlya. Any contact, including correspondence, other than the performance of your servicesfor which you have been contracted.

b. Giving or selling of anything

c. Accepting or buying anything

Any person providing contract services who is found to be under the influence of intoxicants or drueswill be removed from facility grounds and barred from future entoi to NH Departaent ®of Corrections property. paiuucm

Possession of any item considered to be contraband as defined in the New Hampshire code of

HflT H T- T" laws ofTe StiS om„Hampshire and may result in legal action under RSA 622:24 or other statutes.

4. In the event of any emergency situation, i.e., fire, disturbance, etc., you will follow the instructions ofthe escorting staff or report immediately to the closest available staff instructions of

thUff policies of the NH Department of Coirections are designed for the safety ofand Ir? visitors and residents, the security of the facility and an orderly flow of necessaiy movementmember procedure, ask for immediate assistance from a staff

2.

3.

6. Harassment and discrimination directed toward anyone based on sex, race, creed color nationaligm or age are illegal under federal and state laws and will not be tolerated in'the work placeMaintenance of a discriminatoiy work environment is also prohibited. Everyone has a diJtv toobsei-ve the law and will be subject to removal for failing to do so. ^

During the performance of your services you are responsible to the facility administrator and bv vour

t '■egu'ations, policies and procedure's of the NHDepartment of Corrections and the State of New Hampshire. proceaures or the NH

participating in the Corrections Academy, the Vendor through the

supplement tN Assignees will establish a training/orientation facilitated by the Vendor tonrn^r appropriate orient Vendor staff to the rules, regulations policies andprocedures of the Department of Corrections and the State of New Hampshire.

7.

8.

Signafiure

/

Name „

Date

NH DEPARTMRNT OF CORRECTIONS

CONFIDENTIALITY OF INFORMATION AGREEMENT

I understand and agree that all employed by the organization/agency I represent must abide by allru les, regulations and laws of the State of New Hampshire and the NH Department of Corrections thatrelate to the confidentiality of records and all other privileged information.

I further agree that all employed by or subcontracted through the organization I represent are not todiscuss any confidential or privileged information with family, friends or any persons notprofessionally involved with the NH Department of Corrections. If inmates or residents of the NH

Departnient of corrections, or, anyone outside of the NH Department of Corrections' employappioaches any of the organization's employees or subcontractors and requests information the

st^t/employees of the organization I represent will immediately contact their supervisor, notify the

xTtT jr Corrections, and file an incident report or statement report with the appropriateNH Department of Corrections representative.

Any violation of the above may result in immediate termination of any and all contractual obligations.

Patrick J. Zirnoli ff ' ^AuAc_ T.■'/ / // '■ ' I' r

Name Sigrjhture Date

o

U

0Q rn

>

2:o

£o iik9

STATE OF NEW HAMPSHIRE

DEPARTMENT OF CORRECTIONS

DIVISION OF ADMINISTRATION

P.O. BOX 1806

CONCORD, NH 03302-1806

603-271-5610 FAX: 888-908-6609

TDD ACCESS: 1-800-735-2964

w w w. n h. gov/n IkIoc

WILLIAM RYAN HART, JR.

COMMISSIONER

LISA M. STONE

DIRECTOR

PRISON RAPE ELIMINATION ACT

ACKNOWLEDGEMENT FORM

The Prison Rape Elimination Act (PREA) of 2003 (with Final Rule August 2012) is a federal law

established to address the elimination and prevention of sexual assault and sexual harassment within

correctional systems and detention facilities. This Act applies to all correctional facilities, including

prisons, jails, juvenile facilities and community corrections residential facilities. PREA incidents involve

the following conduct:

• Resident-on-resident sexual assault

• Resident-on-resident abusive sexual contact

• Staff sexual misconduct

• Staff sexual harassment, assault of a resident

The act aimed to curb prison rape through a "zero-tolerance" policy, as well as through research and

information gathering. The NH Department of Corrections has zero tolerance relating to the sexual

assault/rape of offenders and recognizes these offenders as crime victims. Due to this recognition and

adherence to the federal Prison Rape Elimination Act (PREA) of 2003, the NH Department of Corrections

extends the "zero tolerance" to the following:

• Contractor/subcontractor misconduct

• Contractor/subcontractor harassment, assault of a resident

As a Contractor and/or Subcontractor of the NH Department of Corrections, I acknowledge that I have been

provided information on the Prison Rape Elimination Act of 2003 Public Law 108-79—Sept. 4, 2003 and

have been informed that as a Contractor and/or Subcontractor of the NH Department of Corrections, sexual

conduct between Contractor and/or Subcontractor and offenders is prohibited. Sexual harassment or sexual

misconduct involving an offender can be a violation of NH RSA 632-A:2, 632-A:3 and 632-A:4, Chapter

632-A: Sexual Assault and Related Offenses, and result in criminal prosecution.

As a Contractor and/or Subcontractor of the NH Department of Corrections, I understand that 1 shall inform

all employees of the Contractor and/or Subcontractor to adhere to all policies concerning PREA, RSA 632-

A:2, RSA 632-A:3, RSA 632-A:4 and departmental policies including NHDOC Administrative Rules.

Conduct and Confidentiality Information regarding my conduct, reporting of incidents and treatment of

those under the supervision of the NH Department of Corrections. (Ref. RSA Chapter 632-A, and

Administrative Rules, Rules of Conduct for Persons Providing Contract Services, Confidentiality of

Information Agreement).

Name (print):

Signature:

Patrick J. Zirpoli

(Name of Contract Signatoiy)

Date: 09/29/25

(Signttlufe (rf-Cofffj^-f Signatoiy)

/ //"'

I'lonjoling Public Safety with Ucspcct, Prnrcssioiiallsni, Oedicatioii anil Courage as One Team

FEDERAL BUREAU OF INVESTIGATION

CRIMINAL JUSTICE INFORMATION SERVICES

SECURITY ADDENDUM

CERTIFICATION., ^ fy certify that I am familiar with the contents of (1) the Security Addendummcluding Its legal authority and purpose; (2) the NCIC Operating Manual; (3) the CJIS SecurityPolicy, and (4) Title 28, Code of Federal Regulations, Part 20, and agree to be bound by theirprovisions*

I recognize that criminal history record information and related data, by its very natureis sensitive and has potential for great harm if misused. I acknowledge that access to criminal

is ory record information and related data is therefore limited to the purpose(s) for which a

government agency has entered into the contract incorporating this Security Addendum. Iunderstand that misuse of the system by, among other things: accessing it withoutauthorization; accessing it by exceeding authorization; accessing it for an improper purpose-using, disseminating or re-disseminating information received as a result of this contract for a

L'imi'npl envisioncd by the contract, may subject me to administrative andminal penalties. I understand that accessing the system for an appropriate purpose and thenusing, disseminating or re-disseminating the information received for another purpose otheran execution of the contract also constitutes misuse. I further understand that the occurrence

of misuse does not depend upon whether or not I receive additional compensation for suchauthorized activity Such exposure for misuse includes, but is not limited to, suspension or lossof employment and prosecution for state and federal crimes.

X. Z;

Printed Name/Signature of Co^ractor Em/loyee ' Date

Printed Name/Signature of (^ontracto^Representative Date

Organization and Title of Contractor Representative

06/01/2020

CJISD-ITS-DOC-08140-5.9 H-8