Governor and Executive Council Agenda item PDF - 2026-05-20 - agenda 5

Meeting Date

2026-05-20

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

5

Agency Names

Department Of Justice

Parent Meeting Title

Governor and Executive Council meeting - 2026-05-20

TDD Access: Relay NH 711

EQUAL OPPORTUNITY EMPLOYER- EQUAL EDUCATIONAL OPPORTUNITIES

C

aitlin D. Davis Richard K Sala

Commissioner Deputy Commissioner

STATE OF NEW HAMPSHIRE

DEPARTMENT OF EDUCATION

25 Hall Street

Concord, N.H. 03301

April 8, 2026

Her

Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

RE

QUESTED ACTION

For inclusion on the Consent Calendar. Authorize the Department of Education (NHED), Bureau of

Disability Determination Services (DDS) to amend an existing contract with Surge Temps, LLC. of

Chandler, AZ (Vendor Code 305573) by extending the end date from June 30, 2026 to June 30, 2027 with

no change to the price limitation of $8,000,000, to provide employment services for the New Hampshire

Disability Determination Serv ice (DDS), effective upon Governor and Council approval. The

original contract was approved by Governor and Council on June 28, 2023 (Item #224) and amended on

June 25, 2025 (Item #164). 100% Federal Funds.

Funds are available in the following account in Fiscal Year s 2026 and 2027, with the authority to adjust

budget line items within the price limitation and encumbrances between Fiscal Years through the Budget

Office, if needed and justified.

06

-56-56-565010-25500000 Disability Determination Services

Fiscal

Year

Class/

Account

Class Title Current Budget Increased

(Decreased)

Amount

Revised

Budget

2025 046-500462 Consultants $5,000,000.00 $0 $5,000,000.00

2026 046-500462 Consultants $3,000,000.00 ($1,764,226.69) $1,235,773.31

2027 046-500462 Consultants $0 $1,764,226.69 $1,764,226.69

Total $8,000,000.00 $0 $8,000,000.00

TDD Access: Relay NH 711

EQUAL OPPORTUNITY EMPLOYER- EQUAL EDUCATIONAL OPPORTUNITIES

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

EXPLANATION

The Division of Workforce Innovation uses medical and psychological consultants to review and advise

staff in the determination of eligibility for clients applying for Social Security disability benefits, who also

may qualify to receive assistance from the Vocational Reh abilitation program. Per Federal Regulation 20

CFR 404.1620: “The State will provide … consultant services … sufficient to ensure that disability

determinations are made accurately and promptly.”

Disability Determination Services under the Division of Workforce Innovation at the Department of

Education ensure individuals have an opportunity for educational preparation employment rather than

relying solely on a beneficiary program within DHHS. Forty -two percent of Vocational Rehabilitation

clients are Social Security Beneficiaries preparing for employment and potentially decreasing reliance on

public benefits.

The Division is required to have consultants to evaluate medical evidence and to determine its adequacy

for making disability decisions. The consultants prepare an assessment of the individual’s functional

limitations imposed by the impairment(s). They also provide consultation in the development of internal

forms, reviewing the quality of examination reports from independent vendors who are paid to provide

reports to the Division concerning clients. The consultants do not perform examinations, nor do they meet

the disability applicant.

The Department of Education, Disability Determination Service prepared and published a Request for

Proposals (RFP) in the Union Leader and the Concord Monitor, for the period of January 16-17, 2023. A

review committee consisting of the Administrator IV, Accountant IV and Program Specialist I reviewed

the (8) proposals received by the deadline. Surge Temps, LLC. proposal met the criteria of the Request for

Proposal.

The Department of Education would like to continue the contract with Surge Temps, LLC. This vendor has

provided service with excellent turn-around time and responsiveness to both agency and consultant requests

for several years.

Respectfully submitted,

Caitlin D. Davis

Commissioner of Education

AMENDMENT TO

PROFESSIONAL SERVICES CONTRACT

Now come the New Hampshire Department of Education (NHED), hereinafter “the Agency,” and Surge Temps,

LLC (Vendor Code 305573), Manchester, NH, hereinafter “the Contractor”, and, pursuant to an agreement between

the parties that was approved by Governor and Council on June 28, 2023 (Item #224) and amended on June 25,

2025 (Item #164) hereby agree to modify same as follows:

1. Amend Section 1.7 of form P-37 by removing June 30, 2026, and replacing with June 30, 2027.

2. Remove Exhibit C-1 (Method of Payment) and replace with Exhibit C-2 (Method of Payment).

3. All other provisions of this agreement shall remain in full force and effect as originally set forth; and

4. This amendment shall commence upon Governor and Council approval and shall terminate on, June 30,

2027.

This modification of an existing agreement is hereby incorporated by reference to the existing agreement by the parties

and must be attached to the said agreement.

IN WITNESS WHEREOF, the parties, hereto have set their hands as of the day and year first above written.

THE STATE OF NEW HAMPSHIRE

Department of Education

(Agency)

Division of Commissioner’s Office

By:

Caitlin D. Davis, Commissioner of Education Date

Surge Temps, LLC

By:

Jordan Alda, SVP Sales Date

Approved as to form, substance and execution by the Attorney General this _________ day of ___________, 2026.

______________________________________

Elizabeth A. Brown, Attorney General Office

Approved by the Governor and Council this __________ day of ______________, 2026

By: ____________________________________

4/22/26

22 April

Contractor Initials ________ Date ________

EXHIBIT C-2 Method of Payment Budget: Employee Category Maximum Salary FY2027Chief Physician $186,460.66 Staff Physician $169,604.24Staff Physician $169,604.24 Staff Physician $169,604.24Staff Physician $169,604.24 Staff Physician $164,547.31 Physician/Psychologist $82,700.00 Chief Psychologist $186,460.66 Staff Psychologist $135,891.39 Staff Psychologist $135,891.39 Staff Psychologist $140,948.32 Staff Psychologist $144,319.60 Staff Psychologist $169,604.24 Staff Psychologist $169,604.24 Limitations on Price: Upon mutual agreement between the state contracting officer and the contractor, line items in this budget may be adjusted one to another, if needed and justified, but in no case shall the total budget exceed the price limitation of $8,000,000. To be binding on the state, such adjustments of budget line items, must be memorialized in writing, executed by the Contracting Officer and approved by the Commissioner. Funding Source: Funds are available in FY2026 and in FY2027 with the authority to adjust budget line items within the price limitation and encumbrances between Fiscal Years through the Budget Office if needed and justified. 06-56-56-565010-056-25500000 Disability Determination Services Fiscal Year Class/ Account Class Title Current Budget Increased (Decreased) AmountRevised Budget 2025 046-500462 Consultants $5,000,000.00 $0 $5,000,000.002026 046-500462 Consultants $3,000,000.00 ($1,764,226.69) $1,235,773.312027 046-500462 Consultants $0 $1,764,226.69 $1,764,226.69Total $8,000,000.00 $0 $8,000,000.00

Contractor Initials ________ Date ________

Method of Payment: The Service fee shall be comprised of: Gross Payroll for Employees based on Maximum Payroll Rate Schedule on Exhibit C-2 Employer cost shall be comprised of employer related taxes, contributions, and other statutory costs. Such costs shall be equal to 11.78% of payroll at the initiation of this Agreement and shall be adjusted upward or downward in the event of a statutory change in the rate. Per week charge of twenty dollars ($20.00) per employee not to exceed $1,040.00 annually per employee. For purposes of illustration, if Employee, Chief Psychologist, has a gross weekly payroll of $585.00, the Surge invoice would be $673.91, comprised of $585.00 of gross payroll, plus Employer Cost of $68.91 ($585.00 *.1178), plus an administration fee of $20.00. Invoices will be provided bi-weekly and are due upon receipt. Surge and the Department shall have no obligation to continue to provide services if invoices fall eight (8) days in arrears. If for any reason, the services are interrupted or terminated, payment will be made only for work thus far completed. Invoices will be sent electronically to: Lisa.Beck@ssa.gov 603-271-4929 21 South Fruit Street, Suite 30 Concord, NH 03301

CERTIFICATE

I, David M. Scanlan, Secretary of State of the State of New Hampshire, do hereby certify that SURGE TEMPS, LLC is a New

Hampshire Limited Liability Company registered to transact business in New Hampshire on May 15, 2025. I 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: 993193

Certificate Number: 0007849743

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 18th day of March A.D. 2026.

David M. Scanlan

Secretary of State

State of New Hampshire

Department of State

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F:

INSURER E:

INSURER D:

INSURER C:

INSURER B:

INSURER A:

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the 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 endorsement(s).

THIS 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.

OTHER:

(Per accident)

(Ea accident)

$

$

N / A

SUBR

WVD

ADDL

INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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 THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

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

$

$

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below

If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

$

$

$

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

ER

OTH-

STATUTE

PER

LIMITS(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

$

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCE

DAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIRED

AUTOS ONLY

3/18/2026

Marsh & McLennan Agency LLC

20 North Martingale Road

Schaumburg IL 60173

Rachel Uhlar

(312) 625-5933

(847) 440-9130

rachel.uhlar@marshmma.com

Federal Insurance Company

20281

VENSEMP-01

Gotham Insurance Company

25569

Surge Temps LLC

Vensure Employer Services, Inc

1475 S. Price Rd.

Chandler AZ 85286

Westchester Fire Insurance Com

21121

Tokio Marine Specialty Insuran

23850

Trumbull Insurance Company

27120

827976081

D

X

1,000,000

X

1,000,000

X

250,000

5,000

1,000,000

2,000,000

X

PPK2727838000

11/1/2025

11/1/2026

2,000,000

E

2,000,000

X

X

X

83UENBW4B5D

11/1/2025

11/1/2026

D

X

X

5,000,000

PUB924466000

11/1/2025

11/1/2026

5,000,000

X

10,000

C

B

A

Cyber Liability

Professional Liability / E&O

Crime (incl. 3rd Party)

G48877655001

EX202500005726

J06594463

8/31/2025

7/30/2025

7/31/2025

6/30/2026

6/30/2026

6/30/2026

Aggregate:

Ea Occ./Agg.

Limit:

$3,000,000

$3M/$3M

$2,000,000

Employment Practices Liability: Lloyds of London (NAIC: 85202) Policy #: W379BC250201 6/30/2025 - 6/30/2026 Limit: $5,000,000

Excess Cyber Liability (Insurer C) Policy #: XCO515830H00 12/07/2025 - 6/30/2026 Limit: $2M excess of $3M

Proof of Insurance

New Hampshire Department of Education

21 Fruit St. Suite 30

Concord NH 03301

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F:INSURER E:INSURER D:INSURER C:INSURER B:INSURER A:NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:

(Per accident)(Ea accident)$

$

N / A

SUBRWVDADDLINSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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 BEISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATEHOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY

$$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT

AUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITY

Y / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIABUMBRELLA LIAB $EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$

$PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVEACORD 25 (2025/12)© 1988-2025 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY

X

NH - New Hampshire

certs@vensure.com

(800) 409-8958

A 09/09/2026

1,000,000

1,000,000

VioletBerri, LLC

1475 S Price Rd,

Chandler, AZ 85286

09/09/2025

Colleen DeWitt

1,000,000

03/17/2026

10366553

NH Department of Education

25 Hall Street

Concord NH 03301

Midwest Employers Casualty Company

N

23612

Daniel Opferman

Surge Temps, LLC.

300 Hanover Street,

Manchester NH 03104

KEYASO00001902

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