Current through Reg. 49, No. 38; September 20, 2024
(a) An approved applicant must enter into a
contract with DARS before being allocated funds. A contract is not fully
executed until it has been signed by DARS and the applicant.
(1) The contract must be signed by an
official authorized to enter into such agreements on behalf of the
contractor.
(2) The contract cannot
be altered without authorized officials of both the contractor and DARS
providing written approval before the effective date of the change. In
emergency circumstances as determined by DARS in its sole discretion, the DARS
ECI assistant commissioner may sign and offer a contract amendment to a
contractor and may allow the contractor to accept by performance. DARS ECI may
require a contractor's signature on the amendment before payment for the
amended services.
(3) No payment or
advance of funds is made until the contract is fully executed.
(4) By signing the contract the applicant
agrees to all terms included in the contract and to adherence to state and
federal laws and regulations, and applicable DARS rules, policy, and
procedures, including subsequent amendments.
(5) The contract may be renewed if the
contract provides for renewal, and the contractor meets the renewal criteria in
DARS rules and the contract.
(b) The contract must:
(1) contain provisions requiring the
contractor to comply with applicable requirements in this chapter, including:
(A) state and federal laws and regulations,
and applicable DARS policy and procedures, including subsequent amendments;
and
(B) the fiscal requirements for
administering, accounting, auditing, and recovering funds as authorized by the
UGCMA, UGMS, the CFR, and OMB Circulars;
(2) state the contract number of children,
when applicable;
(3) authorize DARS
to adjust the contract amount as appropriate;
(4) authorize DARS to impose adverse actions
for noncompliance with contract terms and conditions, state and federal laws
and regulations, and applicable DARS rules, policy, and procedures, including
subsequent amendments in accordance with the provisions of the Human Resources
Code, §
RSA
73.0051;
(5) incorporate all or part of the
application as part of the contract;
(6) include clearly defined goals, outputs,
and measurable outcomes that directly relate to program objectives;
and
(7) contain other provisions
required by DARS.
(c)
Any modifications resulting from changes in state or federal laws and
regulations or judicial interpretation of laws and regulations that occur
during the contract period are automatically made part of the contract and go
into effect on the effective date of the law, regulation, or judicial
interpretation.
(d) DARS assigns
the effective date of the contract.
(e) The contract must be concurrent with the
state fiscal year, unless DARS approves the contract for a different
period.
(f) The contract must
identify the counties in which the contractor is authorized to perform ECI
services. Contractors that share counties must jointly develop a service area
agreement to serve those counties. This service area agreement must be approved
by DARS.
(1) A request to change the
designated service area must be:
(A) submitted
to the DARS ECI assistant commissioner; and
(B) approved by the DARS ECI assistant
commissioner before implementation.
(2) DARS will not incur additional expenses
as a result of a request to change a service area when the provision of
services is at the same level for the same number of children.
(g) The contract terms and
conditions may be Adopted by mutual agreement between DARS and the contractor
during the contract period.
(1) Except for
reductions to the contract amount based on applicable contract provisions, the
amendment must be in writing and signed by an authorized official of the
contractor and the authorized DARS representatives. In emergency circumstances
as determined by DARS in its sole discretion, the DARS ECI assistant
commissioner may sign and offer a contract amendment to a contractor and may
allow the contractor to accept by performance. The DARS ECI assistant
commissioner may require a contractor's signature on the amendment before
payment for the amended services. DARS does not pay for the performance of
services or work not authorized by a properly executed contract
amendment.
(2) DARS develops a
written contract amendment when contract changes are determined necessary. A
contract amendment may be necessary for reasons including:
(A) sanctions for the contractor's
noncompliance or failure to meet program requirements;
(B) changes in federal or state law that make
continued fulfillment of the contract, on the part of either party,
unreasonable or impossible;
(C)
changes to the assigned service area; or
(D) awards or adjustments for other
reasons.
