This page is an unofficial LFoD record and is not legal advice. Verify the document against the official source before relying on it.

Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 14

i

Lori /V. Shibincttr

Commissioner

Melissa A. Hardv'

Director

STATE OF NEW HAMPSHIRE

DEPARTMENT OF HEALTH AND HUMAN SERVICES

DIVISION OF LONG TERM SVPPORTS AND SER VICES

105 PLEASANT STREET, CONCORD. NH 0X^01

603-271.50.^4 1-800-852-3345 Ext. 5034

Fax: 603-27I-5J66 TDD Access: 1-800-735 2964

wsvss.dhhs.nh.gov

July 27, 2022

His Excellency, Governor Christopher T. Sununu

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the Department of Health and Human Services, Division of Long Term Supports

and Services, to enter Into a Sole Source contract with New Hampshire Legal Assistance (NHLA)

(VC#154648), Concord, New Hampshire, In the amount of $292,600 for legal services to eligible

adults ages sixty (60) or older, with the option to renew for up to four additional years, effective

October 1. 2022, upon Governor and Council approval, through June 30, 2024. 44% Federal

Funds. 56% General Funds.

Funds are available in the following account for State Fiscal Years 2023 and 2024, with

the authority to adjust budget line items within the price limitation and encumbrances between

state fiscal years through the Budget Office, if needed and justified.

05-95-48-481010-7872 HEALTH AND SOCIAL SERVICES. DEPT OF HEALTH AND HUMAN

SVS, HHS: ELDERLY AND ADULT SERVICES, GRANTS TO LOCALS, ADM ON AGING

GRANTS

State

Fiscal Year

Class /

Account

Class Title Job Number Total Amount

2023 540-500382 Social Service

Contracts

48130310

$146,300

2024 540-500382 Social Service

Contracts

48130310

$146,300

Total $292,600

EXPLANATION

This request is Sole Source because the Contractor is the only contractor able to provide

the necessary services statewide. NHLA subcontracts with 603 Legal Aid to help support the

work of this contract, specifically completion of intakes for all individuals eligible for services under

this contract.

The purpose of this request is to provide legal services to adults ages sixty (60) and older

who have the greatest economic and/or social needs who qualify for assistance as described in

the Older Americans Act (OAA) Title III B, Section 321. Legal services will be provided to assist

with supporting older individuals to secure and maintain their independence as well as their health

and quality of life.

His Excellency. Governor Christopher T. Sununu

and the Honorable Council

The Older Americans Act (OAA) envisions the key role of legal assistance is to secure

independence for- and the rights of older Americans. These legal prograrns enable older

Americans to assert their rights and remove barriers to economic and personal independence

and self-determination. Interventions by legal assistance providers can address the social

determinants of health and wellbeing to preserve older Americans' access to appropriate services.

Contracted services will Include providing legal advice and counseling to eligible individuals,

litigation by attorneys, and paralegal services to address questions and concems that are civil in

nature.

Approximately 2,000 individuals will be served during each State Fiscal Year of 2023 and

2024.

The Department will monitor services by:

• Tracking the number of clients served.

• Tracking the number and percentage of clients surveyed who report their

experiences as satisfactory or better.

• Meeting quarterly with the Contractor to discuss open cases and address identified

concerns.

As referenced in P-37, Section 17. and Exhibit A, Revisions to Standard Agreement

Provisions. Section 1, Subsection 1.2., of the attached agreement, the parties have the option to

extend the.agreement for up four (4) additional years, contingent upon satisfactory delivery of

services, available funding, agreement of the parties, and Governor and Council approval.

Should the Governor and Council not authorize this request, legal services provided to

older individuals for their economic, social, and legal needs' may be reduced or eliminated. This

may put them at risk of not being able to remain in their homes and communities and could result

in an Increased need for rnore-costly, long-term care services.

Area served: Statewide.

Source of Federal Funds; Assistance Listing Number #93.044, FAIN #2101NHOAASS

In the event that the Federal Funds become no longer available. General Funds will not

be requested to support this program.

Respectfully submitted.

\

a

LoW A. Shibinette

Commissioner

The Deparlmenl of Health and Human Services' Mission is to join eommunities and families

in providing opportunities for citizens to achieve health and independence.

OocuSign Envelope ID: 5683DDF6.75C7^57D-809B-6165BB51813B

FORM NUMBER P-37 (version 12/11/2019)

Subject:_SS-2023-BEAS-02-LEGAL-01

Notice: This agreement and all of its attachments shall become public upon submission to Governor and

Executive Council for approval. Any information that is private, confidential or proprietary must

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

AGREEMENT

The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1. IDENTIFICATION.

1.1 State Agency Name

New Hampshire Department of Health and Human Services

1.2 State Agency Address

129 Pleasant Street

Concord, NH 03301-3857

1.3 Contractor Name

New Hampshire Legal Assistance

1.4 Contractor Address

117 North State Street, Concord, NH 03301

1.5 Contractor Phone

Number

(603)224-4107

1.6 Account Number

05-95-48-481010-7872

1.7 Completion Date

June 30, 2024

1.8 Price Limitation

$292,600

1.9 Contracting Officer for State Agency

Robert W. Moore, Director

1.10 State Agency Telephone Number

(603)271-9631

I.I t Contractor Signature

DoeuSfgned by;

ScroL AWhdU. Pu-Stfu, Date: 7/26/2022

1.12 Name and Title of Contractor Signatory

Sarah Director

1.13 State Agency Signature

Da«uSlgn«d by;

1.14 Name and Title of State Agency Signatory

Melissa Hardipi rector, DLTSS

1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable)

By: Director, On:

1.16 Approval by the Attorney General (Form, Substance and Execution) (ifapplicable)Oo«uSigned by:

By: On: 7/26/2022

1.17 Approval by the Governor and Executive Council (ifapplicable)

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

Contractor Initials

Date

SAcP

772V2TJ72

DocuSign Envelope 10: 56fl3DDF6-75C7-457D-809B-6165BB518138 '

2. SERVICES TO BE PERFORMED. The State of New

Hampshire, acting through the agency identified in block l.l

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

("Contractor") to perform, 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

contrar)', and subject to the approval of the Governor and

Executive Council of the State ofNew Hampshire, ifapplicable,

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

become effective on the date the Governor and Executive

Council approve this Agreement as indicated in block 1.17,

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 performed 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 the Contractor,

including without limitation, any obligation to pay the

Contractor for any costs incurred or Services performed.

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

contrar>', all obligations of the State hereunder, including,

without limitation, the continuance of payments hereunder, are

contingent upon the availability and continued appropriation of

funds affected by any state or federal legislative or executive

action that reduces, eliminates or otherwise modifies the

appropriation or availability of funding for this Agreement and

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

part. 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, the

State shall have the right to withhold payment until such funds

become available, if ever, and shall have the right 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 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

performance hereof, and shall be-the only and the complete

compensation to the Contractor for the Services. The State shall

have no liabilit>' to the Contractor other than the contract price.

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 Notwithstanding any provision in this Agreement to the

contrar)', 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.

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 opportunit)' laws. 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 race, color, religion, creed, age, sex, handicap, sexual

orientation, or national origin and will take affirmative action to

prevent such discrimination.

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

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

the purpose of ascertaining compliance with all rules, regulations

and orders, and 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 Services shall be qualified to

perform the Ser\'ices, and. shall be properly licensed and

otherwise authorized to do so under all applicable laws.

7.2 Unless otherwise authorized in writing, during the term of

this Agreement, and for a period of six (6) months afier the

Completion Date in block 1.7, the Contractor shall not hire, and

shall not permit any subcontractor or other person, firm or

corporation with whom it is engaged in a combined effort to

perform the Ser\'ices to hire, any person who is a State employee

or official, who is materially involved in the procurement,

administration or performance of this Agreement. This

provision shall survive termination of this Agreement.

7.3 The Contracting Officer specified in block 1.9, or his or her

successor, shall be the State's representative. In the event of any

dispute concerning the interpretation of this Agreement, the

Contracting Officer's decision shall be final for the State.

Contractor Initials

Date7/26/2022

DocuSign Envelope ID; 5683ODF6.75C7-457D^09B-6l65BB518138

8. EVENT OF DEFAULT/REMEDIES.

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

Contractor 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) days from the

dale of the notice; and if the Event of Default is not timely cured,

terminate this Agreement, effective two (2) 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 of 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.

8.3. No failure by the State to enforce any provisions hereofafter

any Event of Default shall be deemed a waiver of its rights with

regard to that Event of Default, or any subsequent Event of

Default. No express failure to enforce any Event of Default shall

be deemed a waiver of the right of the State to enforce each and

all of the provisions hereof upon any further or other Event of

Default on the part of the Contractor.

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) days written notice to the Contractor that

the State is e.xercising 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 Slate's discretion, deliver to the

Contracting Officer, not later than fifteen (15) days after the date

of terrhination, a report ("Termination Report") describing in

detail all. Services performed, and the contract price earned, to

and including the date of termination. The form, subject matter,

content, and number of copies of the Termination Report shall

be identical to those ofany Final Report described in the attached

EXHIBIT B. In addition, at the State's discretion, the Contractor

shall, within 15 days of notice of early termination, develop and

submit to the State a Transition Plan for services under the

Agreement.

10. DATA/ACCESS/CONFIDENTIALITY/

PRESERVATION.

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

information and things developed or obtained during the

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

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

files, formulae, 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 purpose

under this Agreement, shall be the property of the State, and

shall be returned to the Slate upon demand or upon termination

of this Agreement for any reason.

10.3 Confidentiality of data shall be governed by N.H. RSA

chapter 91 'A or other existing law. Disclosure of data 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 Slate or receive any benefits, workers' compensation or

other emoluments provided by the State to its employees.

12. ASSICNMENT/DELEGATION/SUBCONTRACTS.

12.1 The Contractor shall not assign, or otherwise transfer any

interest in this Agreement without the prior written notice, which

shall be provided to the State at least fifteen (15) days prior to

the assignment, and a written consent of the State. For purposes

of this paragraph, 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 part>', 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.

12.2 None of the Sen'ices shall be subcontracted by the

Contractor without prior written notice and consent of the State.

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. Unless otherwise exempted by law,

the Contractor shall indemnify and hold harmless the State, its

officers and employees, from and against any and all claims,

liabilities and costs for any personal injury or property damages,

patent or copyright infringement, or other claims asserted against

the State, its officers or employees, which arise out of (or which

may be claimed to arise out of) the acts or omissi^nDof the

Contractor Initials

Date 7/26/2022

DocuSigr Envelope ID: 5683DDF6-75C7-457D-8098-61658851813B

Contractor, or subcontractors, including but not limited to the

negligence, reckless or intentional conduct. The State shall hot

be liable for any costs incurred by the Contractor arising under

this paragraph 13. Notwithstanding the foregoing", nothing herein

contained shall be deemed to constitute a waiver of the sovereign

immunity of the Slate, which immunity is hereby reserved to the

State. This covenant in paragraph 13 shall survive the

termination of this Agreement.

14. INSURANCE.

14.1 The Contractor shall, at its sole e.xpense, 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 liabilit>' 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 the N.H. Department of Insurance, and

issued by insurers licensed in the State of New Hampshire.

14.3 The Contractor shall furnish to the Contracting OfTicer

identified in block 1.9, or his or her successor, a certificate(s) of

insurance for all insurance required under this Agreement.

Contractor shall also furnish to the Contracting Officer identified

in block 1.9, or his or her successor, certificate(s) of insurance

for all renewal(s) of insurance required under this Agreement no

later than ten (10) days prior to the e.xpiration date of each

insurance policy. The certificate(s) of insurance and any

renewals thereof shall be attached arid 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 281-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 pursuant to this

Agreement. The Contractor shall furnish the Contracting Officer

identified in block 1.9, or his or her successor, proof of Workers'

Compensation in the manner described in N.H. RSA chapter

281-A and any applicable renewa!(s) thereof, which shall be

attached and are incorporated 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. 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.

17. 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.

18. CHOICE OF LAW AND FORUM. This Agreement shall

be governed, interpreted and construed in accordance with the

laws of the State of New Hampshire, and is binding upon and

inures to the benefit of the parties and their respective successors

and assigns. 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.

Any actions arising out of this Agreement shall be brought and

maintained in New Hampshire Superior Court which shall have

exclusive jurisdiction thereof.

19. CONFLICTING TERMS. In the event of a conflict

between the terms of this P-37 form (as modified in EXHIBIT

A) and/or attachments and amendment thereof, the terms of the

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

20. THIRD PARTIES. The parties hereto do not intend to

benefit any third parties and (his Agreement shall not be

construed to confer any such benefit.

21. 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, amplify or aid in the

interpretation, construction or meaning of the provisions of this

Agreement.

22. SPECIAL PROVISIONS. Additional or modifying

provisions set forth in the attached EXHIBIT A are incorporated

herein by reference.

23. SEVERABILITV. In the event any of the provisions of this

Agreement are held by a court of competent jurisdiction to be

contrarj' to any state or federal law, the remaining provisions of

this Agreement will remain in full force and efTect.

24. 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

Date772W7U77

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT A

Revisions to Standard Agreement Provisions

1. Revisions to Form P-37, General Provisions

1.1. Paragraph 3, Subparagraph 3.1, Effective Date/Completion of Services, is

amended as follows:

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 as indicated in block 1.17, this Agreement, and

all obligations of the parties hereunder, shall become effective on

October 1, 2022 ("Effective Date").

1.2. Paragraph 3, Effective Date/Completion of Services, is amended by adding

subparagraph 3.3 as follows:

3.3. The parties may extend the Agreement for up to four (4) additional year(s)

from the Completion Date, contingent upon satisfactory delivery of

services, available funding, agreement of the parties, and approval of the

Governor and Executive Council.

1.3. Paragraph 9, Termination, is amended to read as follows:

■ 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 Contractor that the State is

exercising its option to terminate the Agreement.

9.2. The Contractor may, at its sole discretion, terminate the Agreement for

any reason, in whole or in part, by ninety (90) calendar days written

notice to the State that the Contractor is exercising its option to terminate

the Agreement.

9.3. In the event of an early termination of this Agreement for any reason

other than the completion of the Services, the Contractor shall, within 15

calendar days of notice of early termination, develop and submit to the

State a Transition Plan for services under the Agreement, which

includes but Is not limited to, identifying the present and future needs of

individuals receiving services under the Agreement and establishing a

process to meet those needs. In addition, at the State's discretion, the

Contractor shall deliver to the Contracting Officer, not later than fifteen

(15) calendar days after the date of termination, a report ("Termination

Report") describing in detail all Services performed, and the contract

price earned, to and including the date of termination. The form, subject

matter, content, and number of copies of the Termination Report shall

be identical to those of the Service Delivery. Verification reports

described in the attached EXHIBIT 8.

SS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials.

7/26/2022

A-1.0 Dale

DocuSign Envelope ID: 5683DDF6.75C7-457D-809B^165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT A

1.4. Paragraph 12, Assignment/Delegation/Subcontracts, is amended by adding

subparagraph 12.3 as follows:

12.3. Subcontractors are subject to the same contractual conditions as the. Contractor and the Contractor is responsible to ensure subcontractor

compliance with those conditions. The Contractor shall have written

agreements with all subcontractors, specifying the work to be performed

and how corrective action shall be managed if the subcontractor's

performance is inadequate. The Contractor shall manage the

subcontractor's performance on an ongoing basis and take corrective

action as necessary. The Contractor shall annually provide the State with

a list of all subcontractors provided for under this Agreement and notify

the State of any inadequate subcontractor performance.

X—'OS

SAiPitialc \.SS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials

7/26/2022A-1.0 Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT B

Scope of Services

1. Statement of Work

1.1. The Contractor shall provide services as described in Subseciton 1.3., pursuant

to the Older Americans Act Title III Service Program, to qualifying individuals

throughout the state who:

1.1.1. Are aged sixty (60) years and older with the greatest economic or social

needs as described in the Older Americans Act Title III Services (Older

Americans Act of 1965, as amended through P.L. 114-144, Enacted April

19.2006.

1.2. For the purposes of this Agreement, all references to days shall mean business

days.

1.3. Service Descriptions

1.3.1. The Contractor shall provide attorney and paralegal services for legal

advice, counseling, and consultation on litigation services to address client

questions and concerns of a civil nature related to:

1.3.1.1. Healthcare;

1.3.1.2. Family matters;

1.3.1.3. Public and private housing;

1.3.1.4. The Supplemental Nutrition Assistance Program;

1.3.1.5. Public assistance benefits and utility shut-offs;

T.3.1.6. Problems related to nursing home care or residential care

services;

1.3.1.7. Financial exploitation;

1.3.1.8. Consumer protection; and

1.3.1.9. Debt Collection.

1.3.2. The Contractor shall ensure attorneys provide representation of clients at

hearings or in court, when necessary.

1.3.3. The Contractor shall provide statewide telephone access through a

centralized toll-free number and shall receive referrals directly through the

intake system administered by its subcontractor.

1.3.4. The Contractor shall Increase public awareness of services by:

1.3:4.1. Performing community outreach and education; and

1.3.4.2. Providing materials regarding client legal rights and available

legal services as written either hard copy or electronic-eopy.

SAip

SS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials

7/26/2022

B-1.0 Date

DocuSign Envelope ID: 5683DDF6.75C7^57D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT B

1.4. Client Access to Services

1.4.1. The Contractor shall ensure clients can access services described in this

Agreement by either applying directly for, or requesting legal services.

1.4.2. The Contractor shall provide these services in accordance with the rules

and requirements of Title III services.

1.5. Staffing:

1.5.1. The Contractor shall adhere to the following staffing requirements:

1.5.1.1. Maintain a level of staffing necessary to perform and carry out all of

the functions, requirements, roles and duties in a timely fashion for the

number of clients and geographic area as identified in this Agreement.

1.5.1.2. Verify and document that all staff and volunteers have appropriate

training, education, licensure, experience and orientation to fulfill the

responsibilities of their respective positions. The Contractor shall:

1.5.1.2.1. Keep up-to-date personnel and training records and

documentation of all staff requiring licenses and certifications.

1.5.2. Develop a Staffing Contingency Plan and. submit the plan, in writing, to the

Department within thirty (30) days of Governor and Executive Council

approval of the Agreement. The plan must include but is not limited to:

1.5.2.1. The process for replacement of staff in the event of loss of key

personnel or other personnel during the period of this Agreement;

1.5.2.2. A description of how additional staff resources will be allocated to

support this Agreement in the event of inability to meet any

performance standard;

1.5.2.3. A description of time frames necessary for obtaining staff

replacements;

1.5.2.4. An explanation of the Contractor's capabilities to provide, in a timely

manner, staff replacements and additions with comparable

experience; and

1.5.2.5. The method of bringing staff replacements and additions up-to-date

regarding this Agreement.

1.6. Client Fees and Donations

1.6.1. Title III Services

1.6.1.1. With the exception of Paragraph 5.2.1. of this Agreement below, NH

Administrative Rule He-E 502.12 allows Title III Contractors-tosask

SAip

SS-2023-BEAS-02-LEGAL-01 ' NH Legal Assistance Contractor Initials ^

7/26/2022

B-1.0 Date

DocuSign Envelope ID; 5683DDF6-75C7-467D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT B

clients receiving services for a voluntary donation towards the cost

of the service and provides guidance for requesting donations. The

donation is to be purely voluntary, and no one can be refused

services if they are unable or unwilling to donate.

1.6.1.2. The Contractor shall report the total amount of collected donations

on the quarterly report and email to beasinvoices@dhhs.nh.gov or

mail to:

Department of Finance

Department of Health and Human Services

129 Pleasant Street

Concord, NH 03301

1.7.Adult Protection Services (APS)

1.7.1. Pursuant to RSA 161-F: 42 et seq., the Department's Bureau of Eldery

and Adult Services (SEAS) provides protection services to incapacitated

adults to prevent and end neglect, abuse or exploitation.

1.7.2. When BEAS determines that a client needs protection services as

described in the Adult Protection Program NH Administrative Rule He-E

700. the Contractor agrees that the payment received from BEAS for the

specified services is payment in full for those services and must refrain

from making any attempt to secure additional reimbursement of any type

from the client for those services.

1.7.3. The Contractor providing Title III services shall not charge fees or ask for

donations from clients referred by the Department's APS Program as long

as these clients remain active recipients of APS as verified by APS staff.

1.7.4. The Contractor shall report suspected abuse, neglect, self-neglect, and

exploitation of incapacitated adults as required by RSA 161-F:46 of the

Adult Protection law.

1.7.5. The Contractor shall ensure the provision of the same level of services to

those persons who the Department refers to the Contractor while

identifying those in need of protection services.

1.8.Criminal Background and Adult Protective Services Registry Checks

1.8.1. The Contractor shall conduct a New Hampshire Criminal Records

background check on-all staff and prospective employees or volunteers

who will have client contact under this Agreement

1.8.2. The Contractor, which is licensed, certified or funded by the Department,

shall meet the requirements of RSA 161-F:49, which require the

I S'wpSS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials

B-1.0

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT B

submission of the BEAS State Registry Consent Form of prospective

employees who must have client contact, for review against the State

Adult Protective Services Registry.

1.9. Grievances and Appeals

1.9.1. The Contractor shall maintain a system for tracking, resolving and

reporting client complaints regarding its services, processes, procedures

and staff.

1.9.2. The Contractor shall maintain a grievance process. Any grievances

filed are to be available to the Department upon request. At a minimum,

the process must include the following:

1.9.2.1. Client name;

1.9.2.2. Type of service;

1.9.2.3. Date of written grievance;

1.9.2.4. Nature and subject of the grievance;

1.9.2.5. Who in the organization reconsiders agency decisions;

1.9.2.6. What are the issues that can be addressed in the grievance

process; and

1.9.2.7. How clients are informed of their right to appeal or file

grievances.

1.10. Notice of Failure to meet Service Obligations

1.10.1. Notwithstanding Paragraph 8, Event of Default, and Paragraph 9,

Termination of the General Provisions of this Agreement, in the event

that the Contractor for any reason is unable to meet any service

obligations prior to the completion date, the Contractor shall provide

written notice of such inability at least ninety (90) days prior and must

mail it to:

Bureau Director

Bureau of Elderly and Adult Services

129 Pleasant Street

Concord, NH 03301

1.10.2. Examples of failure to meet service obligations just include, but are not

limited to:

1.10.2.1. Reducing hours of operation. r—"

SAtp

SS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials ^

7/26/2022

B-1.0 Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-8098-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT B

1.10.2.2. Changing a geographic service area.

1.10.2.3. Closing or opening a site.,

1.10.3. The written notification must include the following:

1.10.3.1. The reasons for the inability to deliver services;

1.10.3.2. How service recipients and the community will be impacted;

1.10.3.3. How service recipients and the community will be notified; and

1.10.3.4. The Contractor's plan to transition clients into other services or

refer the clients to other agencies.

1.10.4. The Contractor shall maintain a plan that addresses the needs of clients

receiving services in the event that:

1.10.4.1. Service(s) are terminated or planned to be terminated prior to

the completion date of the Agreement.

1.10.4.2. The contract is terminated or is planned to be terminated prior

to the termination date of the contract by the Contractor or the

State.

1.10.4.3. The Contractor terminates a services or services for any

reason.

1.10.4.4. The Contractor cannot carry out all, or a portion of, the

services, terms or conditions outlined in the contract or sub

contracts.

1.11. Transition Process

1.11.1. The Contractor shall have a transition process for clients in the

event that they must be transitioned to a different service provider and

must submit their written transition process to the Department within

ninety (90) days of approval of the Agreement. The process must

ensure:

1.11.1.1. Uninterrupted delivery of services for clients;

1.11.1.2. A method of notifying clients and the. community about the

transition; and

1.11.1.3. A staff member must be available to address questions about

the transition.

2. Exhibits Incorporated (SAiPSS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials ^

7/26/2022B-1.0 Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Departmeint of Health and Human Services

Legal Services For Seniors

EXHIBIT B

2.1. The Contractor shall manage all confidential data related to this Agreement In

accordance with the terms of Exhibit K, DHHS Information Security Requirements.

2.2. The Contractor shall comply with all Exhibits D through H, J and K, which are

attached hereto and incorporated by reference herein.

3. Reporting Requirements

3.1.1. The Contractor shall complete and submit quarterly reports on a pre

defined electronic form supplied by the Department. The reports must be

submitted by the fifteenth (15th) of the month following the quarter end

date. The data will include, but not be limited to the following;

3.1.1.1. Expenses by.progr'am' service provided, defined as Legal Services;

3.1.1.2. Revenue by program service provided, by funding source;

3.1.1.3. Number of actual units served by program service provided, by

funding source. Actual units are described as:

3.1.1.3.1. Personnel costs associated with all service types

including:

3.1.1.3.1.1. Legal advice.

3.1.1.3.1.2. Counseling.

3.1.1.3.1.3. Representation services.

3.1.1.4. Number of unduplicated clients served by service provided, by

funding source;

3.1.1.5. Number of Title III clients served with non-Bureau of Elderly and

Adult Services (BEAS) funds;

4. Performance Measures

4.1.1. The Contractor shall submit Service Delivery Verification reports to the

Department for the following required performance measures:

4.1.1.1. Experience

4.1.1.1.1. The number and percentage of clients surveyed (via

telephone, mail, e-mail, or face-to-face) who report

their experiences with their services and providers

have been satisfactory or better must be higher than

90%.

4.1.1.2. Service Delivery. OS

SS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials

7/2^/2022

B-.1.0 Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-8098-616588518138

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT B

4.1.1.2.1. The Contractor shall indicate the reason(s) clients did

not receive their planned services; or

4.1.1.2.2. Why clients were not satisfied with their services

received; and

4.1.1.2.3. The Contractor shall describe the quality improvement

activity(s) to be initiated to address identified concerns

about service delivery.

5. Additional Terms

5.1. Impacts Resulting from Court Orders or Legislative Changes

5.1.1. The Contractor agrees that, to the extent future slate or federal

legislation or court orders may have an impact on the Services

described herein, the State has the right to modify Service priorities

and expenditure requirements under this Agreement so as to achieve

compliance therewith.

5.2. Federal Civil Rights Laws Compliance: Culturally and Linguistically

Appropriate Programs and Services

5.2.1. The Contractor shall submit, within ten (10) days of the Agreement

Effective Date, a detailed description of the communication access

and language assistance services to be provided to ensure

meaningful access to programs and/or services to ihdividuals with

limited English proficiency; individuals who are deaf or have hearing

loss; individuals who are blind or have low vision; and individuals who

have speech challenges.

5.3. Credits and Copyright Ownership

5.3.1. All documents, notices, press releases, research reports and other

materials prepared during or resulting from the performance of the

services of the Agreement shall include the following statement, "The

preparation of this (report, document etc.) was financed under an

Contract with the State of New Hampshire, Department of Health and

Human Services, with funds provided in part by the State of New

Hampshire and/or such other funding sources as were available or

required, e.g., the United States Department of Health and Human

Services."

5.3.2. All materials produced or purchased under the Agreement shall have

prior approval from the Department before printing, production,

distribution or use.

5.3.3. The Department shall retain copyright ownership for any and all

original materials produced, including, but not limited to: /—os

SS-2023-8EAS-02-LEGAL-01 NH Legal Assistance Contractor Initials -

o, r.. ynS/2022B-1.0 Date

OocuSign Envelope ID: 5683DDF5-75C7^57Q-«09B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT B

5.3.3.1. Brochures.

5.3.3.2. Resource directories.

5.3.3.3. Protocols or guidelines.

5.3.3.4. Posters.

5.3.3.5. Reports.

5.3.4. The Contractor shall not reproduce any materials produced under the

Agreement without prior written approval from the Department.

6. Records

6.1. The Contractor shall keep records that include, but are not limited to:

6.1.1. Books, records, documents and other electronic or physical data

evidencing and reflecting all costs and other expenses incurred by the

Contractor in the performance of the Contract, and all income received

or collected by the Contractor.

6.1.2. All records must be maintained in accordance with accounting

procedures and practices, which sufficiently and properly reflect all such

costs and expenses, and which are acceptable to the Department, and

to include, without limitation, all ledgers, books, records, and original

evidence of costs such as purchase requisitions and orders, vouchers,

requisitions for materials, inventories, valuations of in-kind contributions,

labor time cards, payrolls, and other records requested or required by

the Department.

6.2. During the term of this Agreement and the period for retention hereunder, the

Department, the United States Departrnent of Health and Human Services, and

any of their designated representatives shall have access to all reports and

records maintained pursuant to the Agreement for purposes of audit,, examination, excerpts and transcripts. Upon the purchase by the Department

of the maximum number of units provided for in the Agreement and upon

payment of the price limitation hereunder, the Agreement and all the obligations

of the parties hereunder (except such obligations as, by the terms of the

Agreement are to be performed after the end of the term of this Agreement

and/or survive the termination of the Agreement) shall terminate, provided

however, that if, upon review of the Final Expenditure Report the Department

shall disallow any expenses claimed by the Contractor as costs hereunder the

Department shall retain the right, at its discretion, to deduct the amount of such

expenses as are disallowed or to recover such sums from the Contractor.

SAiPSS-2023-BEAS-02-LEGAL-01 NH Legal Assistance Contractor Initials

7/26/2022

B-1.0 Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT C

Pavment Terms

^. This Agreement is funded by:

1.1. 44%, Older Americans Act Title IIIB - Supportive Services, as awarded

on November 8, 2021, by the US Dept. of Health and Human Svcs,

Administration for Community Living, CFDA 93.044, FAIN#

2201NHOASS.

1.2. 56% General funds.

2. For the purposes of this Agreement:

2.1. The Department has identified the Contractor as a Subcontractor, in

accordance with 2 CFR 200.331.

2.2. The Department has identified this Agreement as NON-R&D, in

accordance with 2 CFR §200.332.

2.3. The de minimis Indirect Cost Rate of 10% applies in accordance with 2

CFR §200.414.

3. Payment shall for actual service hours provided per month, for a total of twelve

(12) invoices per year in the fulfillment of this Agreement.

4. The State shall pay the Contractor thirty-two dollars and fifty cents ($32.50) per

one-half (1/2) hour of services provided by the Contractor in State Fiscal Year

2023 and State Fiscal Year 2024.

5. The Contractor shall submit an invoice in a forrn satisfactory to the Department

by the fifteenth (15th) working day of the following month, which identifies and

requests reimbursement for authorized expenses incurred in the prior month.

The Contractor shall ensure the invoice is completed, dated and returned to the

Department in order to initiate payment.

6. In lieu of hard copies, all invoices may be assigned an electronic signature and

emailed to dhhs.beasinvoices@dhhs.nh.gov, or invoices may be mailed to:

Financial Manager

Department of Health and Human Services

129 Pleasant Street

Concord, NH 03301

7. The Department shall make payment to the Contractor within thirty (30) days

of receipt of each invoice, subsequent to approval of the submitted invoice and

if sufficient funds are available, subject to Paragraph 4 of the General

Provisions Form Number P-37 of this Agreement.

8. The final invoice shall be due to the Department no later than forty (40) days

after the Agreement completion date specified in Form P-37, General

Provisions Block 1.7 Completion Date. / OS

SS-2023-BEAS-02-LEGAL-01

New Hampshire Legal Assistance Contractor Initials ^

7/26/2022

C-1.2 Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Legal Services For Seniors

EXHIBIT C

9. The Contractor must provide the services in Exhibit B, Scope of Services, in

- compliance with funding requirements.

10. The Contractor agrees that funding under this Agreement may be withheld, in

whole or in part in the event of non-compliance with the terms and conditions

of Exhibit B, Scope of Services.

11. Notwithstanding anything to the contrary herein, the Contractor agrees that

funding under this agreement may be withheld, in whole or in part, in the event

of non-compliance with any federal or state law, rule or regulation applicable to

the services provided, or if the said services or products have not been

satisfactorily completed in accordance with the terms and conditions of this

agreement.

12. Notwithstanding Paragraph 17 of the General Provisions Form P-37, changes

limited to adjusting amounts within the price limitation and adjusting

encumbrances between State Fiscal Years and budget class lines through the

Budget Office may be made by written agreement of both parties, without

obtaining approval of the Governor and Executive Council, if needed and

justified.

13. Audits

13.1. The Contractor must email an annual audit to dhhs.act@dhhs.nh.gov if

any of the following conditions exist:

13.1.1. Condition A - The Contractor expended $750,000 or more in

federal funds received as a subrecipient pursuant to 2 CFR Part

200, during the most recently completed fiscal year.

13.1.2. Condition B - The Contractor is subject to audit pursuant to the

requirements of NH RSA 7:28, lll-b, pertaining to charitable

organizations receiving support of $1,000,000 or more.

13.1.3. Condition C - The Contractor is a public company and required

by Security and Exchange Commission (SEC) regulations to

submit an annual financial audit.

13.2. If Condition A exists, the Contractor shall submit an annual single audit

performed by an independent Certified Public Accountant (CPA) to the

Department within 120 days after the close of the Contractor's fiscal

year, conducted in accordance with the requirements of 2 CFR Part

200, Subpart F of the Uniform Administrative Requirements, Cost

Principles, and Audit Requirements for Federal awards.

13.3. If Condition B or Condition C exists, the Contractor shall submit an

annual financial audit performed by an independent CPA within 120

days after the close of the Contractor's fiscal year.

f OS

SS-2023-BEAS-02-LEGAL-01

New Hampshire Legal Assistance Contractor Initials

Page 2 0,3

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services.

Legal Services For Seniors

EXHIBITC

13.4. In addition to, and not in any way in limitation of obligations of the

Agreement, it is understood and agreed by the Contractor that the

Contractor shall be held liable for any state or federal audit exceptions

and shall return to the Department all payments made under the

Agreement to which exception has been taken, or which have been

disallowed because of such an exception.

f OS

IsAiPSS-2023-BEAS-02-LEGAL-01

New Hampshire Legal Assistance Contractor Initials

7/26/2022

C-1.2 Date

DocuSign Envelope ID: 5683DDF6.75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit D

CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

The Vendor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of

Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, title V, Subtitle D; 41

U.S.C. 701 et seq.), and further agrees to have the Contractor's representative, as identified in Sections

1.11 and 1.12 of the General Provisions execute the following Certification:

ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS

US DEPARTMENT OF HEALTH AND HUMAN SERVICES - CONTRACTORS

US DEPARTMENT OF EDUCATION - CONTRACTORS

US DEPARTMENT OF AGRICULTURE - CONTRACTORS

This certification is required by the regulations implementing Sections 5151-5160 of the Drug-Free

Workplace Act of 1988 (Pub. L. 100-690, Title V. Subtitle D; 41 U.S.C. 701 et seq.). The January 31,

1989 regulations were amended and published as Part II of the May 25, 1990 Federal Register (pages

21681-21691), and require certification by grantees (and by inference, sub-grantees and sub

contractors), prior to award, that they will maintain a drug-free workplace. Section 3017.630(c) of the

regulation provides that a grantee (and by inference, sub-grantees and sutwDontractors) that is a State

may elect to make one certification to the Department in each federal fiscal year in lieu of certificates for

each grant during the federal fiscal.year covered by the certification. The certificate set out below is a

material representation of fact upon which reliance is placed when the agency awards the grant. False

certification or violation of the certification shall be grounds for suspension of payments, suspension or

termination of grants, or government wide suspension or debarment. Contractors using this form should

send it to:

Commissioner

NH Department of Health and Human Services

129 Pleasant Street,

Concord. NH 03301-6505

1. The grantee certifies that it will or will continue to provide a drug-free workplace by:

1.1. Publishing a statement notifying employees that the unlawful manufacture, distribution,

dispensing, possession or use of a controlled substance is prohibited in the grantee's

workplace and specifying the actions that will be taken against employees for violation of such

prohibition;

1.2. Establishing an ongoing drug-free awareness program to inform employees about

1.2:1. The dangers of drug abuse in the workplace;

1.2.2. The grantee's policy of maintaining a drug-free workplace;

1.2.3. Any available drug counseling, rehabilitation, and employee assistance programs; and

1.2.4. The penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace;

1.3. Making It a requirement that each employee to be engaged in the performance of the grant be

given a copy of the statement required by paragraph (a);

1.4. Notifying the employee in the statement required by paragraph (a) that, as a condition of

employment under the grant, the employee will

1.4.1. Abide by the terms of the statement; and

1.4.2. Notify the employer in writing of his or her conviction for a violation of a criminal drug

statute occurring in the workplace no later than five calendar days after such

conviction;

1.5. Notifying the agency in writing, within ten calendar days after receiving notice under

subparagraph 1.4.2 from an employee.or otherwise receiving actual notice of such conviction.

Employers of convicted employees must provide notice, including position title, to every grant

officer on whose grant activity the convicted employee was working, unless the FederaJ^agency

Exhibit D - Certification regarding Drug Free Vendor Initials

Workplace Requirements 7/26/2022

cu/OHHS/110713 Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit D

has designated a central point for the receipt of such notices. Notice shall include the

identification number(s) of each affected grant;

1.6. Taking one of the following actions, within 30 calendar days of receiving notice under

subparagraph 1.4.2, with respect to any employee who is so convicted

1.6.1. Taking appropriate personnel action against such an employee, up to and including

termination, consistent with the requirements of the Rehabilitation Act of 1973, as

amended; or

1.6.2. Requiring such employee to participate satisfactorily in a drug abuse assistance or

rehabilitation program approved for such purposes by a Federal, State, or local health,

law enforcement, or other appropriate agency;

1.7. Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6.

2. The grantee may insert in the space provided below the site(s) for the performance of work done in

connection with the specific grant.

Place of Performance (street address, city, county, state, zip code) (list each location)

Check □ if there are workplaces on file that are not identified here.

Vendor Name: New Hampshire Legal Assistance

OocuSigncd by;

7/26/2022 PlASifvL

^ Dusitn

Title. Executive Director

Exhibit 0 - Certification regarding Drug Free Vendor Initials^

Workplace Requirements 7/26/2022

curoHHS/t 10713 Date

OocuSign Envelope ID: 5683DDF6-75C7^57D-809B-61658B51813B

New Hampshire Department of Health and Human Services

Exhibit E

CERTIFICATION REGARDING LOBBYING

The Vendor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of

Section 319 of Public Law 101-121, Government wide Guidance for New Restrictions on Lobbying, and

31 U.S.C. 1352, and further agrees to have the Contractor's representative, as identified in Sections 1.11

and 1.12 of the General Provisions execute the following Certification:

US DEPARTMENT OF HEALTH AND HUMAN SERVICES - CONTRACTORS

US DEPARTMENT OF EDUCATION - CONTRACTORS

US DEPARTMENT OF AGRICULTURE - CONTRACTORS

Programs (indicate applicable program covered):

'Temporary Assistance to Needy Families under Title IV-A

'Child Support Enforcement Program under Title IV-D

'Social Services Block Grant Program under Title XX

'Medicaid Program under Title XIX

'Community Services Block Grant under Title VI

'Child Care Development Block Grant under Title IV

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to

any person for influencing or attempting to influence an officer or employee of any agency, a Member

of Congress, an officer or employee of Congress, or an employee of a Member of Congress in

connection with the awarding of any Federal contract, continuation, renewal, amendment, or

modification of any Federal contract, grant, loan, or cooperative agreement (and by specific mention

sub-grantee or sub-contractor).

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any agency, a Member of Congress,

an officer or employee of Congress, or an employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement (and by specific mention sub-grantee or sub

contractor), the undersigned shall complete and submit Standard Form LLL, (Disclosure Form to

Report Lobbying, in accordance with its instructions, attached and identified as Standard Exhibit E-l.)

3. The undersigned shall require that the language of this certification be included in the award

document for sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants,

loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction

was made or entered into. Submission of this certification is a prerequisite for making or entering into this

transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required

certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for

each such failure.

Vendor Name: New Hampshire Legal Assistance

—DocuSlgned by:

7/26/2022

Date Dusitn

Title: Executive Director

Exhibit E-Certification Regarding Lobbying Vendor Initials^

7/26/2022

cu/OHHs/110713 Date

DocuSign Envelope ID; 6683DDF6-75C7-457b-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit F

CERTIFICATION REGARDING DEBARMENT. SUSPENSION

AND OTHER RESPONSIBILITY MATTERS

The Contractor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of

Executive Office of the President, Executive Order 12549 and 45 CFR Part 76 regarding Debarment,

Suspension, and Other Responsibility Matters, and further agrees to have the Contractor's

representative, as identified in Sections 1.11 and 1.12 of the General Provisions execute the following

Certification:

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal (contract), the prospective primary participant is providing the

certification set out below..

2. The inability of a person to provide the certification required below will not necessarily result in denial

of participation in this covered transaction. If necessary, the prospective participant shall submit an

explanation of why it cannot provide the certification. The certification or explanation will be

considered in connection with the NH Department of Health and Human Services' (DHHS)

determination whether to enter into this transaction. However, failure of the prospective primary

participant to furnish a certification or an explanation shall disqualify such person from participation in

this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed.

when DHHS determined to enter into this transaction. If it is later determined that the prospective

primary participant knowingly rendered an erroneous certification, in addition to other remedies

available to the Federal Government. DHHS may terminate this transaction for cause or default.

4. The prospective.primary participant shall provide immediate written notice to the DHHS agency to

whom this proposal (contract) is submitted if at any time the prospective primary participant learns

that its certification was erroneous when submitted or has become erroneous by reason of changed

circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered

transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and

"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and

Coverage sections of the rules irnplementing Executive Order 12549: 45 CFR Part 76. See the

attached definitions.

6. The prospective primary participant agrees by submitting this proppsal (contract) that, should the

proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered

transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded

from participation in this covered transaction, unless authorized by DHHS.

7. The prospective primary participant further agrees by submitting this proposal that it will include the

clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -

Lower Tier Covered Transactions," provided by DHHS, without modification, in all lower tier covered

transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a

lower tier covered transaction that it is not debarred, suspended, ineligible, or involuntarily excluded

from the covered transaction, unless it knows that the certification is erroneous. A participant may

decide the method and frequency by which it determines the eligibility of its principals. Each

participant may, but is not required to, check the Nonprocurement List (of excluded parties).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records

in order to render in good faith the certification required by this clause. The knowledge andf

Exhibit F - Certification Regarding Debarment, Suspension Contractor Initials^

And Other Responsibility Matters 7/26/2022

cu/DHHS/110713 Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit F

information of a participant is not required to exceed that which is normally possessed by a prudent

person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a

covered transaction knowingly enters into a lower tier covered transaction with a person who is

suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in

addition to other remedies available to the Federal government, DHHS may terminate this transaction

for cause or default

PRIMARY COVERED TRANSACTIONS

11. The prospective primary participant certifies to the best of Its knowledge and belief, that it and its

principals;

11.1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from covered transactions by any Federal department or agency;

11.2. have not within a three-year period preceding this proposal (contract) been convicted of or had

a civil judgment rendered against them for commission of fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)

transaction or a contract under a public transaction; violation of Federal or State antitrust

statutes'or commission of embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements, or receiving stolen property;

11.3. are not presently indicted for otherwise criminally or civilly charged by a governmental entity. (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b)

of this certification; and

11.4. have not within a three-year period preceding this application/proposal had one or more public

transactions (Federal, State or local) terminated for cause or default.

12. Where the prospective primary participant is unable to certify to any of the statements in this

certification, such prospective participant shall attach an explanation to this proposal (contract).

LOWER TIER COVERED TRANSACTIONS

13. By signing and submitting this lower tier proposal (contract), the prospective lower tier participant, as

defined in 45 CFR Part 76, certifies to the best of its knowledge and belief that it and its principals:

13.1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from participation in this transaction by any federal department or agency.

13.2. where the prospective lower tier participant is unable to certify to any of the above, such

prospective participant shall attach an explanation to this proposal (contract).

14. The prospective lower tier participant further agrees by submitting this proposal (contract) that It will

include this clause entitled Xertification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion - Lower Tier Covered Transactions," without modification in all lower tier covered

transactions and in all solicitations for.lower tier covered transactions.

Contractor Name: New Hampshire Legal Assistance

—OeeuSigned by;

7/26/2022 I MhdUL PwlfvL

Date W»WMattson Dusitn

Executive Director

SAiP

Exhibit F - Certification Regarding Debarment, Suspension Contractor Initials^

And Other Responsibility Matters 7/26/2022

cu/OHHS/110713 Date

DocuSign Envelope ID: 5683DDF6-75C7^57D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit G

CERTIFICATION OF COMPLIANCE WITH REQUIREMENTS PERTAINING TO

FEDERAL NONDISCRIMINATION. EQUAL TREATMENT OF FAITH-BASED ORGANIZATIONS AND

WHISTLEBLOWER PROTECTIONS

The Contractor identified in Section 1.3 of the General Provisions agrees by signature of the Contractor's

representative as identified in Sections 1.11 and 1.12 of the General Provisions, to execute the following

certification:

Contractor will comply, and will require any subgrantees or subcontractors to comply, with any applicable

federal nondiscrimination requirements, which may include:

- the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. Section 3789d) which prohibits

recipients of federal funding under this statute from discriminating, either in employment practices or in

the delivery of services or benefits, on the basis of race, color, rejigion, national origin, and sex. The Act

requires certain recipients to produce an Equal Employment Opportunity Plan;

- the Juvenile Justice Delinquency Prevention Act of 2002 (42 U.S.C. Section 5672(b)) which adopts by

reference, the civil rights obligations of the Safe Streets Act. Recipients of federal funding under this

statute are prohibited from discriminating, either in employment practices or in the delivery of services or

benefits, on the basis of race, color, religion, national origin, and sex. The Act includes Equal

Employment Opportunity Plan requirements;

-the Civil Rights Act of 1964 (42 U.S.C. Section 2000d, which prohibits recipients of federal financial

assistance from discriminating on the basis of race, color, or national origin in any program or activity);

- the Rehabilitation Act of 1973 (29 U.S.C. Section 794), which prohibits recipients of Federal financial

assistance from discriminating on the basis of disability, in regard to employment and the delivery of

services or benefits, in any program or activity;

- the Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12131-34), which prohibits

discrimination and ensures equal opportunity for persons with disabilities in employment. State and local

government services, public accommodations, commercial facilities, and transportation;

-the Education Amendments of 1972 (20 U.S.C. Sections 1681, 1683,1685-86), which prohibits

discrimination on the basis of sex in federally assisted education programs;

- the Age Discrimination Act of 1975 (42 U.S.C. Sections 6106-07), which prohibits discrimination on the

basis of age in programs or activities receiving Federal financial assistance. It does not include

employment discrimination;

- 28 C.F.R. pt. 31 (U.S. Department of Justice Regulations - OJJDP Grant Programs); 28 C.F.R. pt. 42

(U.S. Department of Justice Regulations - Nondiscrimination; Equal Employment Opportunity; Policies

and Procedures); Executive Order No. 13279 (equal protection of the laws for faith-based and community

organizations); Executive Order No. 13559, which provide fundamental principles and policy-making

criteria for partnerships with faith-based and neighborhood organizations;

- 28 C.F.R. pt. 38 (U.S. Department of Justice Regulations - Equal Treatment for Faith-Based

Organizations); and Whistleblower protections 41 U.S.C. §4712 and The National Defense Authorization

Act (NDAA) for Fiscal Year 2013 (Pub. L. 112-239, enacted January 2, 2013) the Pilot Program for

Enhancement of Contract Employee Whistleblower Protections, which protects employees against

reprisal for certain whistle blowing activities in connection with federal grants and contracts.

The certificate set out below is a material representation of fact upon which reliance is placed when the

agency awards the grant. False certification or violation of the certification shall be grounds for

suspension of payments, suspension or termination of grants, or government wide suspension or

debarment.

Exhibit G

Contractor Initials*

Certification of CompliarKe with requirements pertaining to Federal Nondisaimirwtion, Equal Treatment of Faith-Based Organizations

8r>d Whisttodlower protections

6/27/14 7/26/2022

Rev. i(V2i/i4 Dale

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit G

In the event a Federal or State court or Federal or State administrative agency makes a finding of

discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex

against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, to

the applicable contracting agency or division within the Department of Health and Human Services, and

to the Department of Health and Human Seivices Office of the Ombudsman.

The Contractor identified in Section 1.3 of the General Provisions agrees by signature of the Contractor's

representative as identified in Sections 1.11 and 1.12 of the General Provisions, to execute the following

certification:

1. By signing and submitting this proposal (contract) the Contractor agrees to comply with the provisions

indicated above.

7/26/2022

Contractor Name: New Hampshire Legal Assistance

DocuStQn'd by:

Pttstfvu

Date Name: Sarah Mattson Dusitn

Executive Director

Exhibit G

Contractor Initials^

CeniTicalion of Coniplianc* vrith requirements pertaining to Fecterel Nondiscriminatkm, Equal Treatment ol Falin^Based Organizations

and Whistiedlower protections

6/27/14 7/26/2022

Rev. to/2i/t4 Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-d09B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit H

CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE

Public Law 103-227, Part 0 - Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994

(Act), requires that smoking not be permitted in any portion of any Indoor facility owned or leased or

contracted for by an entity and used routinely or regularly for the provision of health, day care, education,

or library services to children under the age of 18. if the services are funded by Federal programs either

directly or through State or Igcal governments, by-Federal grant, contract, loan, or loan guarantee. The

law does not apply to children's services provided in private residences, facilities funded solely by

Medicare or Medicald funds, and portions of facilities used for Inpatient drug or alcohol treatment. Failure

to comply with the provisions of the law may result In the Imposition of a civil monetary'penalty of up to

S1000 per day and/or the imposition of an administrative compliance order on the responsible entity.

The Contractor identified in Section 1.3 of the General Provisions agrees, by signature of the Contractor's

representative as Identified In Section 1.11 and 1.12 of the General Provisions, to execute the following

certification:

1. By signing and submitting this contract, the Contractor agrees to make reasonable efforts to comply

with all applicable provisions of Public Law 103-227, Part C, known as the Pro-Children Act of 1994.

Contractor Name: New Hampshire Legal Assistance

— DocuSlgn*d by:

7/26/2022 PlcStfut

Date Name: Saran Mattson Dusitn

Executive Director

Exhibit H - Certification Regarding Contractor Initials

Environmental Tobacco Smoke 7/26/2022

cu/DHHS/110713 • Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit I

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY

ACT miPAA^ BUSINESS ASSOCIATE AGREEMENT

Exhibit I is not applicable to this Agreement.

Remainder of page intentionally left blank.

SM.9

C°"'r='C'°r'*^;^/2e/2022

OocuSign Envelope ID: 5683DDF5-75C7-457D-809B-6165B851813B

New Hampshire Department of Health and Human Services

Exhibit J

CERTIFICATION REGARDING THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY. ACT (FFATAI COMPLIANCE

The Federal Funding Accountability and Transparency Act (FFATA) requires prime awardees of Individual

Federal grants equal to or greater than $25,000 and awarded on or after October 1, 2010, to report on

data related to executive compensation and associated first-tier sub-grants of $25,000 or more. If the

initial award is below $25,000 but subsequent grant modifications result in a total award equal to or over

$25,000, the award Is subject to the FFATA reporting requirements, as of the date of the award.

In accordance with 2 CFR Part 170 (Reporting Subaward and Executive Compensation Information), the

Department of Health and Human Services (DHHS) must report the following information for any

subav^rd or contract award subject to the FFATA reporting requirements:

1. Name of entity

2. Amount of award

3. Funding agency

4. NAICS code for contracts/CFDA program number for grants..

5. Program source

6. Avirard title descriptive of the purpose of the funding action

7. Location of the entity

6. Principle place of performance

9. Unique identifier of the entity (UEI #)

10. Total compensation and names of the top five executives if:

10.1. More than 80% of annual gross revenues are from the Federal government, and those

revenues are greater than $25M annually and

10.2. Compensation Information is not already available through reporting to the SEC.

Prime grant recipients must submit FFATA required data by the end of the month, plus 30 days, in which

the award or award amendment is made.

The Contractor identified in Section 1.3 of the General Provisions agrees to comply with the provisions of

The Federal Funding Accountability and Transparency Act, Public Law 109-282 and Public Law 110-252,

and 2 CFR Part 170 (Reporting Subavrard and Executive Compensation Information), and further agrees

to have the Contractor's representative, as identified in Sections 1.11 and 1.12 of the General Provisions

execute the following Certification:

The below named Contractor agrees to provide needed information as outlined above to the NH

Department of Health and Human Services and to comply with all applicable provisions of the Federal

Financial Accountability and Transparency Act

Contractor Name: New Hampshire Legal Assistance

—DocuSlgncd by:

7/26/2022

Dusitn

Title: Executive Director

-OS

s/wp

Exhibit J - Certification Regarding the Federal Funding Contractor Initials^

Accountability And Transparency Act (FFATA) Compliance 7/26/2022

cu®HHS/ii07i3 Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit J

FORM A

As the Contractor Identified in Section 1.3 of the General Provisions, I certify that the responses to the

below listed questions are true and accurate.

1.

2.

4.

The UEI (SAM.gov) number for your entity Is: F6YXETEA4DM5

3.

In your business or organization's preceding completed fiscal year, did your business or organization

receive (1) 80 percent or more of your annual gross revenue in U.S. federal contracts, subcontracts,

loans, grants, sub-grants, and/or cooperative agreements; and (2) $25,000,000 or more in annual

gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or

cooperative agreements?

X NO YES

If the answer to #2 above is NO, stop here

if the answer to #2 above is YES, please answer the following:

Does the public have access to Information about the compensation of the executives In your

business or organization through periodic reports filed under section 13(a) or 15(d) of the Securities

Exchange Act of 1934 (15 U.S.C.78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of

1986?

NO YES

If the answer to #3 above is YES, stop here

If the answer to #3 above is NO, please answer the following:

The names and compensation of the five most highly compensated officers in your business or

organization are as follows:

Name:

Name:

Name:

Name;

Name:

Amount:

Amount:

Amount:

Amount:

Amount;

CU/DHHS/110713

Exhibit J - Certification Regarding the Federal Funding

Accountabiiity And Transparency Act (FFATA) Compliance

Contractor Initials

Date

-08

7/26/2022

OocuSign Envelope ID; 5683DDF$-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

A. Definitions

The following terms may be reflected and have the described meaning in this document:

1. "Breach" means the loss of control, compromise, unauthorized disclosure,

unauthorized acquisition, unauthorized access, or any similar term referring to,

situations where persons other than authorized users and for an other than

authorized purpose have access or potential access to personally identifiable

information, whether physical or electronic. With regard to Protected Health

Information," Breach" shall have the same meaning as the term "Breach" in section

164.402 of Title 45, Code of Federal Regulations.

2. "Computer Security Incident" shall have the same meaning "Computer Security

Incident" in section two (2) of NIST Publication 800-61, Computer Security Incident

Handling Guide, National Institute of Standards and Technology, U.S. Department

of Commerce.

3. "Confidential Information" or "Confidential Data" means all confidential information

disclosed by one party to the other such as all medical, health, financial, public

assistance benefits and personal information including without limitation. Substance

Abuse Treatment Records, Case Records, Protected Health Information and

Personally Identifiable Information.

Confidential Information also includes any and all information owned or managed by

the State of NH - created, received from or on behalf of the Department of Health and

Human Services (DHHS) or accessed in the course of performing contracted

services - of which collection, disclosure, protection, and disposition is governed by

state or federal law or regulation. This information includes, but is not limited to

Protected Health Information (PHI), Personal Information (PI), Personal Financial

Information (PFI); Federal Tax Information (FTI), Social Security Numbers (SSN),

Payment Card Industry (PCI), and or other sensitive and confidential information.

4. "End User" means any person or entity (e.g., contractor, contractor's employee,

business associate, subcontractor, other downstream user, etc.) that receives

DHHS data or derivative data in accordance with the terms of this Contract.

5. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 and the

regulations promulgated thereunder.

6. "Incident" means an act that potentially violates an explicit or implied security policy,

which includes attempts (either failed or successful) to gain unauthorized access to a

system or its data, unwanted disruption or denial of service, the unauthorized use of

a system for the processing or storage of data; and changes to system hardware,

firmware, or software characteristics without the owner's knowledge, instruction, or

consent. Incidents include the loss of data through theft or device misplacement, loss

or misplacement of hardcopy documents, and misrouting of physical or electronic

V5. Lasl update 10/09/18 Exhibit K Contractor Initials^

DHHS Information

Security Requirements 7/26/2022

Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

mail, all of which may have the potential to put the data at risk of unauthorized

access, use, disclosure, modification or destruction.

7. "Open Wireless Netvyork" means any network or segment of a network that is

not designated by the State of New Hampshire's Department of Information

Technology or delegate as a protected network (designed, tested, and

approved, by means of the State, to transmit) will be considered an open

network and not adequately secure for the transmission of unencrypted PI, PFI,

PHI or confidential DHHS data!

8. "Personal Information" (or "PI") means information which can be used to distinguish

or trace an individual's identity, such as their name, social security number, personal

information as defined in New Hampshire RSA 359-C:19, biometric records, etc.,

alone, or when combined with other personal or identifying information which is linked

or linkable to a specific individual, such as date and place of birth, mother's maiden

name, etc.

9. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health

Information at 45 C.F.R. Parts 160 and 164, promulgated under HIPAA by the United

States Department of Health and Human Services.

10. "Protected Health Information" (or "PHI") has the same meaning as provided in the

definition of "Protected Health Information" in the HIPAA Privacy Rule at 45 C.F.R. §

160.103.

11. "Security Rule" shall mean the Security Standards for the Protection of Electronic

Protected Health Information at 45 C.F.R. Part 164, Subpart C, and amendments

thereto.

12. "Unsecured Protected Health Information" means Protected Health Information that is

not secured by a technology standard that renders Protected Health Information

unusable, unreadable, or indecipherable to unauthorized individuals and is

developed or endorsed by a standards developing organization that is accredited by

the American National Standards Institute.

I. RESPONSIBILITIES OF DHHS AND THE CONTRACTOR

A. Business Use and Disclosure of Confidential Information.

1. The Contractor must not use, disclose, maintain or transmit Confidential Information

except as reasonably necessary as outlined under this Contract. Further, Contractor,

including but not limited to all its directors, officers, employees and agents, must not

use, disclose, maintain or transmit PHI in any manner that would constitute a violation

of the Privacy and Security Rule.

2. The Contractor must not disclose any Confidential Information in response to a

V5. Last update 10/09/18 Exhibit K Contractor Initials

DHHS Information

Security Requirements 7/26/2022

Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

request for disclosure on the basis that it is required by law, in response to a

subpoena, etc., without first notifying DHHS so that DHHS has an opportunity to

consent or object to the disclosure.

3. If DHHS notifies the Contractor that DHHS has agreed to be bound by additional

restrictions over and above those uses or disclosures or security safeguards of PHI

pursuant to the Privacy and Security Rule, the Contractor must be bound by such

additional restrictions and must not disclose PHI in violation of such additional

restrictions and must abide by any additional security safeguards.

4. The Contractor agrees that DHHS Data or derivative there from disclosed to an End

User must only be used pursuant to the terms of this Contract.

5. The Contractor agrees DHHS Data obtained under this Contract may not be used for

any other purposes that are not indicated in this Contract.

6. The Contractor agrees to grant access to the data to the authorized representatives

of DHHS for the purpose of inspecting to confirm compliance with the terms of this

Contract.

II. METHODS OF SECURE TRANSMISSION OF DATA

1. Application Encryption. If End User is transmitting DHHS data containing

Confidential Data between applications, the Contractor attests the applications have

been evaluated by an expert knowledgeable in cyber security and that said

application's encryption capabilities ensure secure transmission via the internet.

2. Computer Disks and Portable Storage Devices. End User may not use computer disks

or portable storage devices, such as a thumb drive, as a method of transmitting DHHS

data.

3. Encrypted Email. End User may only employ email to transmit Confidential Data if

email is encrypted and being sent to and being received by email addresses of

persons authorized to receive such information.

4. Encrypted Web Site. If End User is employing the Web to transmit Confidential

Data, the secure socket layers (SSL) must be used and the web site must be

secure. SSL encrypts data transmitted via a Web site.

5. File Hosting Services, also known as File Sharing Sites. End User may not use file

hosting services, such as Dropbox or Google Cloud Storage, to transmit

Confidential Data.

6. Ground Mail Service. End User may only transmit Confidential Data via certified ground

mail within the continental U.S. and when sent to a named individual.

7. Laptops and PDA. If End User is employing portable devices to transmit

Confidential Data said devices must be encrypted and password-protected.

8. Open Wireless Networks. End User may not transmit Confidential Data via an open

— DS

SAiPV5. Last update 10/09/18 Exhibit K Contractorlnitials^

DHHS Information

Security Requirements 7/26/2022

Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

-c-i

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

wireless network. End User must employ a virtual private network (VPN) when

remotely transmitting via an open wireless network.

9. Remote User Communication. If End User is employing remote communication to

access or transmit Confidential Data, a virtual private network (VPN) must be

installed on the End User's mobile device(s) or laptop from which information will be

transmitted or accessed.

10. SSH File Transfer Protocol (SFTP), also known as Secure File Transfer Protocol. If

End User is employing an SFTP to transmit Confidential Data, End User will

structure the Folder and access privileges to prevent inappropriate disclosure of

information. SFTP folders and sub-folders used for transmitting Confidential Data will

be coded for 24-hour auto-deletion cycle (i.e. Confidential Data will be deleted every 24

hours).

11. Wireless Devices. If End User is transmitting Confidential Data via wireless devices, all

data must be encrypted to prevent inappropriate disclosure of information.

RETENTION AND DISPOSITION OF IDENTIFIABLE RECORDS

The Contractor will only retain the data and any derivative of the data for the duration of this

Contract. After such time, the Contractor will have 30 days to destroy the data and any

derivative in whatever form it may exist, unless, otherwise required by law or permitted

under this Contract. To this end, the parties must:

A. Retention

1. The Contractor agrees it will not store, transfer or process data collected in

connection with the services rendered under this Contract outside of the United

States. This physical location requirement shall also apply in the implementation of

cloud computing, cloud service or cloud storage capabilities, and includes backup

data and Disaster Recovery locations.

2. The Contractor agrees to ensure proper security monitoring capabilities are in

place to detect potential security events that can impact State of MM systems

and/or Department confidential information for contractor provided systems.

3. The Contractor agrees to provide security awareness and education for Its End

Users in support of protecting Department confidential information.

4. The Contractor agrees to retain all electronic and hard copies of Confidential Data

in a secure location and identified in section IV. A.2

5. The Contractor agrees Confidential Data stored in a Cloud must be in a

FedRAMP/HITECH compliant solution and comply with all applicable statutes and

regulations regarding the privacy and security. All servers and devices must have

currently-supported and hardened operating systems, the latest anti-viral, anti-

hacker, anti-spam, anti-spyware, and anti-malware utilities. The environment, as a

V5. Last update 10/09/18 Exhibit K Contractor initials

DHHS Information

Security Requirements 7/26/2022

Date

DocuSign Envelope ID: W83DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

whole, must have aggressive intrusion-detection and firewall protection.

6. The Contractor agrees to and ensures its complete cooperation with the State's

Chief Information Officer in the detection of any security vulnerability of the hosting

infrastructure.

B. Disposition

1. If the Contractor will maintain any Confidential Information on its systems (or its

sub-contractor systems), the Contractor will maintain a documented process for

securely disposing of such data upon request or contract termination; and will

obtain written certification for any State of New Hampshire data destroyed by the

Contractor or any subcontractors as a part of ongoing, iemergency, and or disaster

recovery operations. When no longer in use, electronic media containing State of

New Hampshire data shall be rendered unrecoverable via a secure wipe program

In accordance virith industry-accepted standards for secure deletion and media

sanitization, or otherwise physically destroying the media (for example,

degaussing) as described in NISI Special Publication 800-88, Rev 1, Guidelines

for Media Sanitization, National Institute of Standards and Technology, U. S.

Department of Commerce. The Contractor will document and certify in writing at

time of the data destruction, and will provide written certification to the Department

upon request. The written certification will include all details necessary to

demonstrate data has been properly destroyed and validated. Where applicable,

regulatory and professional standards for retention requirements will be jointly

evaluated by the State and Contractor prior to destruction.

2. Unless otherwise specified, within thirty (30) days of the termination of this

Contract, Contractor agrees to destroy all hard copies of Confidential Data using a

secure method such as shredding.

3. Unless otherwise specified, within thirty (30) days of the termination of this

Contract, Contractor agrees to completely destroy all electronic Confidential Data

by means of data erasure, also known as secure data wiping.

IV. PROCEDURES FOR SECURITY

A. Contractor agrees to safeguard the DHHS Data received under this Contract, and any

derivative data or files, as follows;

1. The Contractor will maintain proper security controls to protect Department

confidential information collected, processed, managed; and/or stored in the delivery

of contracted services.

2. The Contractor will maintain policies and procedures to protect Department

confidential information throughout the information lifecycle, where applicable, (from

creation, transformation, use, storage and secure destruction) regardless of the

media used to store the data (i.e., tape, disk, paper, etc.). D8

I SAiPV5. Last Update 10/09/18 Exhibit K Contractor Initials

DHHS information

Security Requirements 7/26/2022

Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB518138

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

3. The Contractor will maintain appropriate authentication and access controls to

contractor systems that collect, transmit, or store Department confidential information

where applicable.

4. The Contractor will ensure proper security monitoring capabilities are in place to

detect potential security events that can impact State of NH systems and/or

Department confidential information for contractor provided systems.

5. The Contractor will provide regular security awareness and education for its End

Users in support of protecting Department confidential information.

6. If the Contractor will be sub-contracting any core functions of the engagement

supporting the services for State of New Hampshire, the Contractor will maintain a

program of an internal process or processes that defines specific security

expectations, and monitoring compliance to security requirements that at a minimum

match those for the Contractor, including breach notification requirements.

7. The Contractor will work with the Department to sign and comply with all applicable

State of New Hampshire and Department system access and authorization policies

and procedures, systems access forms, and computer use agreements as part of

obtaining and maintaining access to any Department system(s). Agreements will be

completed and signed by the Contractor and any applicable sub-contractors prior to

system access being authorized.

8. If the Department determines the Contractor is a.Business Associate pursuant to 45

CFR 160.103, the Contractor will execute a HIPAA Business Associate Agreement

(BAA) with the Department and is responsible for maintaining compliance with the

agreement.

9. The Contractor will work with the Department at its request to complete a System

Management Survey. The purpose of the survey is to enable the Department and

Contractor to monitor for any changes in risks, threats, and vulnerabilities that may

occur over the life of the Contractor engagement. The survey will be completed

annually, or an alternate time frame at the Departments discretion with agreement by

the Contractor, or the Department may request the survey be completed when the

scope of the engagement between the Department and the Contractor changes.

10. The Contractor will not store, knowingly or unknowingly,, any State of New Hampshire

or Department data offshore or outside the boundaries of the United States unless

prior express written consent is obtained from the Information Security Office

leadership member within the Department.

11. Data Security Breach Liability. In the event of any security breach Contractor shall

make efforts to investigate the causes of the breach, promptly take measures to

prevent future breach and minimize any damage or loss resulting from the breach.

The State shall recover from the Contractor all costs of response and recovery from

V5. Last update 10/09/18 Exhibit K Contractor tnillals^

DHHS information

Security Requirements 7/26/2022

Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

the breach, including but not limited to: credit monitoring services, mailing costs and

costs associated with website and telephone call center services necessary due to

the breach.

12. Contractor must, comply with all applicable statutes and regulations regarding the

privacy and security of Confidential Information, and must in all other respects

maintain the privacy and security of PI and PHI at a level and scope that is not less

than the level and scope of requirements applicable to federal agencies, including,

but not limited to, provisions of the Privacy Act of 1974 (5 U.S.C. § 552a), DHHS

Privacy Act Regulations (45 C.F.R. §5b), HIPAA Privacy and Security Rules (45

C.F.R. Parts 160 and 164) that govern protections for individually identifiable health

information and as applicable under State law.

13. Contractor agrees to establish and maintain appropriate administrative, technical, and

physical safeguards to protect the confidentiality of the Confidential Data and to

prevent unauthorized use or access to it. The safeguards must provide a level and

scope of security that is not less than the level and scope of security requirements

established by the State of New Hampshire, Department of Information Technology.

Refer to Vendor Resources/Procurement at https://www.nh.gov/doit/vendor/index.htm

for the Department of Information technology policies, guidelines, standards, and

procurement information relating to vendors.

14. Contractor agrees to maintain a documented breach notification and incident

response process. The Contractor will notify the State's Privacy Officer and the

State's Security Officer of any security breach immediately, at the email addresses

provided in Section VI. This includes a confidential information breach, computer

security incident, or suspected breach which affects or includes any State of New

Hampshire systems that connect to the State of New Hampshire network.

15. Contractor must restrict access to the Confidential Data obtained under this

Contract to only those authorized End Users who need such DHHS Data to

perform their official duties in connection with purposes identified in this Contract.

16. The Contractor must ensure that all End Users:

a. comply with such safeguards as referenced In Section IV A. above,

implemented to protect Confidential Information that is furnished by DHHS

under this Contract from loss, theft or inadvertent disclosure.

b. safeguard this information at all times.

c. ensure that laptops and other electronic devices/media containing PHI, PI, or

PFI are encrypted and password-protected.

d. send emails containing Confidential Information only if encrvoted and being

sent to and being received by email addresses of persons authorized to

receive such information.

SAip

V5. Last update 10/09/18 Exhibit K Contractor Initials^

DHHS Information

Security Requirements 7/26/2022

Date

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

0. limit disclosure of the Confidential Information to the extent permitted by law.

f. Confidential Information received under this Contract and individually

identifiable data derived from DHHS Data, must be stored in an area that is

physically and technologically secure from access by unauthorized persons

during duty hours as well as non-duty hours (e.g., door locks, card keys,

biometric identifiers, etc.).

g. only authorized End Users may transmit the Confidential Data, including any

derivative files containing personally identifiable information, and in all cases,

such data must be encrypted at all times when in transit, at rest, or when

stored on portable media as required in section IV above.

h. in all, other instances Confidential Data must be maintained, used and

disclosed using appropriate safeguards, as determined by a risk-based

assessment of the circumstances involved.

1. understand that their user credentials (user name and password) must not be

shared with anyone. End Users will keep their credential information secure.

This applies to credentials used to access the site directly or indirectly through

a third party application.

Contractor is responsible for oversight and compliance of their End Users. DHHS

reserves the right to conduct onsite inspections to monitor compliance with this

Contract, including the privacy and security requirements provided in herein, HIPAA,

and other applicable laws and Federal regulations until such time the Confidential Data

is disposed of in accordance with this Contract.

V. LOSS REPORTING

The Contractor must notify the State's Privacy Officer and Security Officer of any

Security Incidents and Breaches immediately, at the email addresses provided in

Section VI.

The Contractor must further handle and report Incidents and Breaches involving PHI in

accordance with the agency's documented Incident Handling and Breach Notification

procedures and In accordance with 42 C.F.R. §§ 431.300 - 306. In addition to, and

notwithstanding. Contractor's compliance with all applicable obligations and procedures.

Contractor's procedures must also address hovy the Contractor will:

1. Identify Incidents:

2. Determine if personally identifiable information is involved in Incidents;

3. Report suspected or confirmed Incidents as required in this Exhibit or P-37;

4. Identify and convene a core response group to determine the risk level of Incidents

and determine risk-based responses to Incidents; and

SM.9vs. Last update 10/09/18 Exhibit K Conlractorlnltials^

DHHS Information

Security Requirements 7/2S/2022

Date

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Department of Health and Human Services

Exhibit K

DHHS Information Security Requirements

5." Determine whether Breach notification is required, and, if so, identify appropriate

Breach notification methods, timing, source, and contents from among different

options, and bear costs associated with the Breach notice as well as any mitigation

measures.

Incidents and/or Breaches that implicate PI must be addressed and reported, as

applicable, in accordance with NH RSA 359-C:20.

VI. PERSONS TO CONTACT

A. DHHS Privacy Officer:

DHHSPrivacyOfficer@dhhs.nh.gov

B. DHHS Security Officer:

DHHSInformationSecurityOffice@dhhs.nh.gov

V5. Last update 10/09/18 Exhibit K

DHHS Information

Security Requirements

SAipConlractorlnitials _

Date

7/26/2022

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

State of New Hampshire

Department of State

CERTIFICATE

I, William M. Gardner, Secretarj' of State of the State of New Hampshire, do hereby certify that NEW HAMPSHIRE LEGAL

ASSISTANCE is a New Hampshire Nonprofit Corporation registered to transact business in New Hampshire on April 20, 1971.1

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: 63969

Certificate Number: 0005744497

Op

Aa.

©

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the Stale of New Hampshire,

this I St day of April A.D. 2022.

William M. Gardner

Secretary of State

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

CERTIFICATE OF AUTHORITY

I, Anne Jenness. hereby certify that:

(Name of the elected Officer of the Corporation/LLC; cannot be contract

signatory)

1. I am a duly elected Clerk/Secretarv/Officerof New Hampshire Leoal Assistance.

(Corporation/LLC Name)

2. The following is a true copy of a vote taken at a meeting of the Board of Directors/shareholders, duly called

and held on November 10. 2021, at which a quorum of the Directors/shareholders were present and voting.

(Date)

VOTED: That Sarah Mattson Dustin (may list more than one person)

(Name and Titleof Contract Signatory)

is duly authorized on behalf of New Hampshire Leoal Assistance to enter into contracts or agreements with the

(Name of Corporation/ LLC)

State of New Hampshire and any of its agencies or departments and further is authorized to execute any and all

documents, agreements and other instruments, and any amendments, revisions, or modifications thereto, which

may in his/her judgment be desirable or necessary to effect the purpose of this vote.

3. I hereby certify that said vote has not been amended or repealed and remains in full force and effect as of the

date of the contract/contract amendment to which this certificate is attached. This authority remains valid for

thirty (30) days from the date of this Certificate of Authority. I further certify that it is understock that the State of

New Hampshire will rely on this certificate as evidence that the person(s) listed above currently occupy the

position(s) indicated and that they have full authority to bind the corporation. To the extent that there are any

limits on the authority of any listed individual to bind the corporation in contracts with the State of New Hampshire,

all such limitations are expressly stated herein.

Dated: 7/22/22 Signature of Elected Officer

Name: Anne Jenness

Title: Vice Chair of the Board of Directors

Rev. 03/24/20

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OCVYYYY)

07/05/2022

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.

IMPORTANT: If the certiflcate holder is an ADDITIONAL INSURED, the policy(les) 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).

PRODUCER

FiAI/Cross Insurance

1100 Elm Street

Manchester NH 03101

contact. Brendan Jones

rAr'N^nF.,,- {603)669-3218 (603)645-4331

manch.certs@aossagency.eom

INSURER(S) AFFORDING COVERAGE NAICt

INSURER A • Allmerica Financial Benefit 41840

INSURED

New Hampshire Legal Assistance

117 N. State Street

Concord NH 03301

INSURERS: Sequoia Ins Co 22985

INSURER C:

INSURER 0:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 22-23 All Lines REVISION NUMBER:

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.

POUCY EFF

IMM/DiVYYYYIPTPE OF INSURANCE

Tcm

JdSQ

SDHR

WVD POUCY NUMBER

POUCY EXP

IMMIDD/YYYYlINSR

LTR

X COMMERCIAL GENERAL UABIUTY

CLAIMS-MADE X OCCUR

EACH OCCURRENCE

BAMASETO RErJTEB

PREMISES (Ea occurr^nea)

MEO EXP (Any ori« p«r»on)

Z2VH660537 07/01/2022 07/01/2023 PERSONAL & ADV INJURY

GENLAGGREGATE LIMIT APPLIES PER:

□ PRO-JECTPOLICY LOC

GENERALAGGREGATE

OTHER:

PRODUCTS • COMP/OPAGG

2.000,000

1.000,000

5,000

2,000,000

4,000.000

Included

AUTOMOBILE UABIUTY

ANYAUTO

COMBINED SINGLE LIMIT

fE« aecldenil 2,000,000

X

X

BOOILY INJURY (P«r psfson)

OWNED

AUTOS ONLY

HIRED

AUTOS ONLY X

UMBRELLA LIAB

EXCESS LIAB

DED

SCHEDULED

AUTOS

NON-OWNED

AUTOS ONLY

22VH660537 07/01/2022 07/01/2023 BODILY INJURY (P»r acddsnt)

PROPERTY DAMAGE

(Par >ccid«nl>

X OCCUR

CLAIMS-MADE

EACH OCCURRENCE 1,000,000

Z2VH660537 07/01/2022 07/01/2023 AGGREGATE 1.000,000

RETENTION S

WORKERS COMPENSATION

AND EMPLOYERS' UABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICERAriEMBER EXCLUDED?

(M*nd*tory In NH)

If y«s, d«»cnb« under

DESCRIPTION OF OPERATIONS Delow

PER

STATIITF.

OTH

ER

QVVC1219985 {3a.) ME 8 NH 07/01/2022 07/01/2023 E.L EACH ACCIDENT 1,000.000

E.L. DISEASE - EA EMPLOYEE 1,000,000

e.L, DISEASE • POLICY LIMIT 1.000,000

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101. Additional Remtrk* Sehodulo, miy b« attached if more apace la required)

State of NH Department of Health and Human Services

129 Pleasant Street

Concord ■ NH 03301

1 ^

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03) The ACORO name and logo are registered marks of ACORD

DocuSign Envelope ID: 5683ODF6-75C7-457D-609B-6165BB518138

NEW HAMPSHIRE LEGAL ASSISTANCE

MISSION STATEMENT

NHLA's mission is to fulfill America's promise of equal justice by providing civil legal

services to New Hampshire's poor, including education and empowerment, advice,

representation, and advocacy for systemic change.

DocuSign Envelope ID; 5683DDF6-75C7^57D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Financial Statements

With Schedule of Expenditures of Federal Awards

December 31, 2021 and 2020

and

Independent Auditor's Report

Report on Internal Control Over Financial Reporting

and on Compliance and Other Matters Based on an Audit

of Financial Statements Performed in Accordance

With Government Auditing Standards

Report on Compliance for Each Major Federal Program

and Report on Internal Control Over Compliance

Required by the Uniform Guidance

Schedule of Findings and Questioned Costs

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B^165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

FINANCIAL STATEMENTS

December 31, 2021 and 2020

TABLE OF CONTENTS

PaeeCs)

INDEPENDENT AUDITOR'S REPORT, 1-3

FINANCIAL STATEMENTS

Statements of Financial Position 4

Statements of Activities 5

Statements of Functional Expenses, 6-7

Statements of Cash Flows 8

NOTES TO FINANCIAL STATEMENTS 9-20

FEDERAL COMPLIANCE

SCHEDULE:

I Schedule of Expenditures of Federal Awards 21

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS 22

R.eport on Internal Control Over Financial Reporting and on Compliance and Other Matters

Based on an Audit of Financial Statements Performed in Accordance With Government

Auditing Standards 23-24

Report on Compliance for Each Major Federal Program and Report on Internal Control

Over Compliance Required by the Uniform Guidance 25-27

Schedule of Findings and Questioned Costs 28-29

SUPPLEMENTAL SCHEDULES

Combining Statements of Financial Position 30-31

Combining Statements of Activities 32-33

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB518138

^VACHON Clukay C I: R r I i-i »: D P i; B / C ACCOUNTANTS

^ ^ Chcsinui Strcci ♦ Manchester, New Mampshire 03104

& COMPANY r C (6O3) 622-/070 • Fun: C603) 622-1152 • www.vachonclukay.com

INDEPENDENT AUDITOR'S REPORT

To the Board of Directors

New Hampshire Legal Assistance, Inc.

Report on the Audit of the Financial Statements

Opinion

We have audited the financial statements of New Hampshire Legal Assistance, Inc. (a nonprofit

organization), which comprise the statements of financial position as of December 31, 2021 and 2020, and

the related statements of activities, functional expenses, and cash flows for the years then ended, and the

related notes to the financial statements.

In our opinion, the accompanying financial statements present fairly, in all material respects, the

financial position of New Hampshire Legal Assistance, Inc. as of December 31, 2021 and 2020, and the

changes in its net assets and its cash flows for the years then ended in accordance with accounting principles

generally accepted in the United States of America.

Basisfor Opinion

We conducted our audits in accordance with auditing standards generally accepted in the United

States of America and the standards applicable to financial audits contained in Government Auditing

Standards, issued by the Comptroller General of the United States. Our responsibilities under those

standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements

section of our report. We are required to be independent ofNew Hampshire Legal Assistance, Inc. and to

meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our

audit. We believe that the, audit evidence we have obtained is sufficient and appropriate to provide a basis

for our audit opinions.

Responsibilities ofManagementfor the Financial Statements

Management is responsible for the preparation and fair presentation of the financial statements in

accordance with accounting principles generally accepted in the United States of America, and for the

design, implementation, and maintenance of internal control relevant to the preparation and fair presentation

of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are

conditions or events, considered in the aggregate, that raise substantial doubt about New Hampshire Legal

Assistance, Inc.'s ability to continue as a going concern within one year after the date that the financial

statements are available to be issued.

DocuSign Envelope ID; 5683DDF6-75C7^57D-809B-6165BB51813B

Auditor's Responsibilitiesfor the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whether the financial statements as a whole

are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that

includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and

therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing

standards and Government Auditing Standards will always detect a material misstatement when it exists.

The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from

error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of

internal control. Misstatements are considered material if there is a substantial likelihood that, individually

or in the aggregate, they would influence the Judgment made by a reasonable user based on the financial

statements.

In performing an audit in accordance with generally accepted auditing standards and Government

Auditing Standards, we:

• Exercise professional judgment and maintain professional skepticism throughout the audit.

• Identify and assess the risks of material misstatement of the financial statements, whether due to

fraud or error, and design and perform audit procedures responsive to those risks. Such procedures

include examining, on a test basis, evidence regarding the amounts and disclosures in the financial

statements.

• Obtain an understanding of internal control relevant to the audit in order to design audit procedures

that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the

effectiveness of New Hampshire Legal Assistance, Inc.'s internal control. Accordingly, no such

opinion is expressed.

• Evaluate the appropriateness of accounting policies used and the reasonableness of significant

accounting estimates made by management, as well as evaluate the overall presentation of the

financial statements.

• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate,

that raise substantial doubt about New Hampshire Legal Assistance, Inc.'s ability to continue as a

going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters,

the planned scope and timing of the audit, significant audit findings, and certain internal control related

matters that we identified during the audit.

Supplementary Information

Our audits were conducted for the purpose of forming an opinion on the financial statements as a

whole. The accompanying combining statements of financial position and activities are presented for

purposes of additional analysis and are not a required part of the financial statements. Additionally, the

schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulations Part

200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

is presented for purposes of additional analysis and is not a required part of the financial statements. Such

information is the responsibility of management and was derived from and relates directly to the underlying

accounting and other records used to prepare the financial statements. The information has been subjected

to the auditing procedures applied in the audit of the financial statements and certain additional procedures,

including comparing and reconciling such information directly to the underlying accounting and other

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB518138

records used to prepare the financial statements or to the financial statements themselves, and other

additional procedures in accordance with auditing standards generally accepted in the United States of

America. In our opinion, the combining statements of financial position and activities and the schedule of

expenditures of federal awards is fairly stated, in all material respects, in relation to the financial statements

as a whole.

Other Reporting Required by Government Auditing Standards

In accordance with Government Auditing Standards, we have also issued our report dated March

31, 2022 on our consideration of New Hampshire Legal Assistance, Inc.'s internal control over financial

reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant

agreements and other matters. The purpose of that report is solely to describe the scope of our testing of

internal control over financial reporting and compliance and the results of that testing, and not to provide

an opinion on the effectiveness of New Hampshire Legal Assistance, Inc.'s internal control over financial

reporting or on compliance. That report is an integral part of an audit performed in accordance with

Government Auditing Standards in considering New Hampshire Legal Assistance, Inc.'s internal control

over financial reporting and compliance.

Manchester, New Hampshire

March 31, 2022

DocuSign Envelope ID: 5683DDF6-75C7-457D-609B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Statements of Financial Position

December 31, 2021 and 2020

ASSETS

CURRENT ASSETS:

Cash and equivalents

Cash, restricted

Investments

Grants and contracts receivable

Contributions receivable, net

Prepaid expenses

Security deposits

TOTAL CURRENT ASSETS

2021

1,536,814

13,531

800,006

2,086,898

6,062

70,245

13.925

4.527,481

2020

2,064,411

33,423

350,000

1,755,351

12,722

7,823

13,850

4,237,580

NONCURRENT ASSETS:

Property and equipment, net

TOTAL NONCURRENT ASSETS

215,082

215,082

251,786

251,786

TOTAL ASSETS $ 4,742,563 $ 4,489,366

LIABILITIES & NET ASSETS

CURRENT LIABILITIES:

Accounts payable

Accrued expenses

Deposits held for others

TOTAL CURRENT LIABILITIES

TOTAL LIABILITIES

58,692

326,498

13,531

398,721

398,721

83,086

300,825

33,423

417,334

417,334

NET ASSETS:

Without donor restrictions:

Undesignated

Board designated operating reserve

With donor restrictions:

Purpose restrictions

Time restrictions for future periods

TOTAL NET ASSETS

1,450,162

650,000

795,725

1,447,955

4,343,842

1,625,106

600,000

539,555

1,307.371

4,072,032

TOTAL LIABILITIES AND NET ASSETS $ 4,742,563 $ 4.489,366

See notes tofinancial statements

4

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165B851813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Statements of Activities

For the Years Ended December 31, 2021 and 2020

2021 2020

CHANGES IN NET ASSETS WITHOUT DONOR RESTRICTIONS

SUPPORT AND REVENUE:

New Hampshire Bar Foundation - lOLTA $ 301,408 $ 327,687

Government grants and contracts 2,261,637 2,494,449

United Ways 16,962 12,336

Contributions - Foundations and Other 474,969 450,585

Contributions - Campaign for Legal Services 444,058 430,520

Case revenue 13,941 49,184

Investment income 10,324 19,584

Net assets released from donor restrictions 1,555,141 2,092.830

TOTAL SUPPORT AND REVENUE

WITHOUT DONOR RESTRICTIONS 5,078,440 5,877,175

EXPENSES;

Program services:

Domestic violence project 1,052,250 1,200,569

Housingjustice project 891,880 596,359

Senior law project 552,274 408,639

Public benefits 610,318 445,621

Immigration 222,787

Youth law project 113,355 68,067

Other civil legal services 710,662 1,318.391

Total program services 4,153,526 4,037,646

Supporting services:

Fund raising 267,828 252,781

Management and general 782,030 744,659

Total supporting services 1,049,858 997,440

TOTAL EXPENSES 5,203,384 5,035,086

INCREASE (DECREASE) IN NET ASSETS

WITHOUT DONOR RESTRICTIONS, (124,944) 842,089

CHANGES IN NET ASSETS WITH DONOR RESTRICTIONS

New Hampshire Bar Foundation - lOLTA 215,292 234,063

Government grants and contracts 1,024,869 1,237,129

United Ways 28,960 48,754

Contributions - Foundations and Other 682,774 553,146

Net assets released from donor restrictions (1,555,141) (2,092,830)

INCREASE (DECREASE) IN NET ASSETS

WITH DONOR RESTRICTIONS 396,754 (19,738)

CHANGE IN NET ASSETS 271,810 822,351

NET ASSETS - Januarj' I, as restated 4,072,032 3.249,681

NET ASSETS - December 31 $ 4,343,842 $ 4,072,032

See notes tofinancial statements

5

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW »L\MPSinRE LEGAL ASSISTANCE. INC.

Statement of Eunctional Expenses

For the Year Ended Deceniber31.2021

Program Serx'icc.x Supporting Serx'tces

Domestic Housing Justice Immigration Other Management

Violence Justice in Aging Beneflts Justice Voutli Law Civil Legal and Combined

Proieci Proieci Proiect Proiect Proiect Proiect Serx-ices Total Fund Raisins Q^n^rfll Total Total

Salaries S 656,827 $ 551.802 $ 338.048 S 406.811 S 145.312 S ' 75.051 $ 437.374 S 2.611.225 S 97.819 S 514.581 S 612.400 S 3.223.625

Payroll taxes 47,423 39.840 24,407 29.372 iO. 492 5.419 31.058 188.011 7.158 50.482 57,640 245.651

EntploN'ee benefits 109,887 92.316 56.555 68.059 24.311 12.556 71.847 435.531 16.266 96.407 112,673 548.204

Space and occupancy 42,592 36.674 23.070 27.763 9.917 5.122 33.066 178.204 51.398 51.398 229.602

Cominunicaiions 6.700 5.769 3.629 4.367 1.560 806 5.202 28.033 3,548 3.548 31.581

Office supplies and expenses 6.689 5.759 3.623. 4.360 1.557 804 5.192 27.984 22.675 4,237 26.912 54.896

Library 10,154 8.744 5.501 6.619 2.364 1.221 7.884 42.487 42.487

Temporaries/contract services 77.163 66.441 41.796 50.297 17.966 9.279 59.905 322.847 890 39.712 40.602 363.449

Litigation expenses 5.547 1,088 1.350 530 3.560 409 1.743 14.227 14.227

Training and meetings 4.252 3.661 2.303 2.771 990 511 3.301 17,789 1.000 1.292 2,292 20,081

Dues and fees 4.828 4.157 2.615 3.147 1.124 581 3.748 20,200 50 1.938 1,988 22,188

Insurance 4.757 4.096 2.577 3.101 1.108 572 3.693 19.904 9.019 9.019 28,923

Equipment rental and maintenance 965 831 523 629 225 116 749 4.038 643 643 4.681

Postage 2.104 1.812. 1.140 1.371 490 253 1.634.8.804 8.804

Sub-grants 62.287 64.830 43.143 3.096 173.356 173.356

Travel 9,121 3.238 1.477 499 1.589 540 2.307 18.771 90 299 389 19.160

Distributions to campaign partners 94.319 94.319 94.319

Other expenses 954 822 517 622 222 115 741 3.993 27.56! 2.497 30.058 34.051

Depreciation 38.122 38.122 5.977 5,977 44,099

Total Functional Expenses S 1.052.250 S 891.880 S 552.274 S 610.318 S 222.787 S 113.355 S 710.662 S 4.153.526 S 267.828 S 782,030 S 1.049.858 S 5.203.384

See notes tofinancial statements

6

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Statement of Functional E.ipcnses

For the Year Ended December 31. 2020

Prograra Senices Supporting Sen-ices

Domestic Housing Justice Other Management

Violence Justice in Aging Benefits Youth Law Civil Legal and Combined

Proiect Protect Proiect Proiect.Serx-iccs Total Fpnd Piiising General Total Total

Salaries S 752.834 S 396.031 $ 213.929 S 219.511 S 45.705 S 822.131 S 2,450.141 S 90.350 S 518,680 S 609.030 S 3.059.171

Payroll ia.xes • 57.592 30.296 16.366 13.494 2.810 30.057 150,615 2,560 3U73 33,833 184.448

Employee benefits 126.595 68.804 34,834 36.040 7.504 128.495 402,272 16.878 85,576 102,454 504.726

Space and occupanc)' 57.317 28,087 13,673 17,788 3.704 77.975 198,544 31,802 31,802 2.30..346

Communications 9.711 4.629 2.302' 2.682 559 10.059 29,942 4,796 4,796.34,738

OITice supplies and c-xpenses 9.422 5.965 2.932 2.793 582 9.480 31.174 20.734 8.315 29.049 60,223

Library 13.386 5.935 3.030 3.165 659 9.150 35J25 5.658 5.658 40.983

Tcmporaricsfcontraci scniccs 47.762 37.854 18.021 18.465 4.312 104.722 231.136 1,445 37.075 38.520 269.656

Litigation expenses 11.729 2.933 3,124 1.869 389 817 20.861 20.861

Training and meetings 5.074 1.265 2,900 1,725 359 7.931 19.254 1.1.34 3.266 4.400 23.654

Dues and fees 5.666 3.320 1,740 1.567 326 4,875 17,494 2.802 2.802 20.296

Insurance 5.882 2.786 1.328 2.058 428 10.485 22.967 3.679 3.679 26,646

Equipment rental and maintenance 3.852 1.797 1.149 1,090 227 4.051 12.166 1.949 1,949 14,115

Postage 2.654 1.250 758 665 138 1.954 7.419 664 1.295 1,959 9,378

Sub-grants 80,971 2.562 89.115 120.960 58.220 351.828 351.828

Travel 9,598 2.591 3,303 1.651.444 936'" 18.423 365 365 18.788

Distributions to campaign partners 96.463 96,463 96,463

Other expenses 524 254 135 98 21 67 1.099 22.188 2,569 24.757 25,856

Depreciation 36.986.36.986 5.924 5.924 42.910

Total Functional Expenses $ 1.200.569 S 596,359 S 408.639 S 445,621 S 68.067 S 1.318.-391 S 4.037.646 S 252.781 S 744.659 S 997.440 J 5.035.086

See notes to financial statements

1

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Statements of Cash Flows

For the Years Ended December 31 2021 and 2020

CASH FLOWS FROM OPERATING ACTIVITIES

Change in net assets

Adjustments to reconcile change in net assets to

net cash provided (used) by operating activities:

Depreciation

Net effect of changes in;

Grants and contracts receivable

Contributions receivable, net

Prepaid expenses

Security deposits

Accounts payable

Accrued expenses

Deposits held for others

Net cash provided (used) by operating activities

CASH FLOWS FROM INVESTING ACTIVITIES

Purchase of property and equipment

Sale of investments

Purchase of investments

Net cash provided (used) in investing activities

CASH FLOWS FROM FINANCING ACTIVITIES

Payments on note payable

Net cash used for financing activities

NET INCREASE IN CASH AND EQUIVALENTS

CASH AND EQUIVALENTS - Januaiy 1

CASH AND EQUIVALENTS - Decembers:

2021

S 271,810

44,099

(331,547)

6,660

(62,422)

(75)

(24,394)

25,673

(19,892)

(90,088)

(7,395)

(450,006)

(457,401)

2020

822,351

42,910

(86,235)

26,596

25,304

(13,302)

104,453

(96,830)

825,247

(22,833)

525,059

502,226

(5,000)

(5,000)

(547,489)

2,097,834

$■ 1,550,345 $ 2,097,834

1,322,473

775,361

Non-Cash Supplemental Disclosures;

Forgiveness of SBA note payable $ 681,800

See notes tofinancial statements

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B^165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS

For the Years Ended December 31, 2021 and 2020

NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Nature of Activities

New Hampshire Legal Assistance, Inc. is a non-profit organization incorporated in 1971. New Hampshire

Legal Assistance, Inc. (NHLA) provides civil legal aid, working alongside clients who have low income

and need help with legal problems impacting basic human needs. Services range from basic legal

information, to personalized legal advice, to representation in all of New Hampshire's courts and before

many local, state, and federal administrative agencies. New Hampshire Legal Assistance, Inc. offers the

following program services.

Domestic Violence Advocacy Project

The Domestic Violence Advocacy Project (DVAP) provides holistic civil legal services to victims and

survivors of domestic violence, stalking, human trafficking, and sexual assault. DVAP advocates

primarily represent victims and survivors seeking protective orders and related family law relief (such as

divorce and parenting rights).

Housing Justice Project and Other Housing Work

The Housing Justice Project (HJP) focuses on preventing honielessness by working alongside clients to

preserve their housing or access safe and affordable housing options. The HJP handles evictions and other

cases involving Section 8 vouchers and federally assisted housing, property taxes, mobile home parks,

and dangerous housing conditions (such as childhood lead poisoning). Through the Fair Housing Project,

NHLA investigates complaints of housing discrimination and represents people who are victims of

housing discrimination. Through the Foreclosure Relief Project, NHLA works with homeowners facing

foreclosure and property tax deeding. The Energy and Utility Justice Project represents clients with issues

related to utility disconnections and arrears and problems accessing assistance programs such as the

Electric Assistance Program, the Weatherization Assistance Program, the Fuel Assistance Program, and

energy efficiency programs.

Benefits Project

The Benefits Project helps individuals with disabilities obtain Social Security Disability Insurance

(SSbl), Supplemental Security Income (SSI), and Aid to the Permanently and Totally Disabled (APTD)

benefits and access quality health care through the Medicaid and Medicare programs. Benefits Project

advocates also represent individuals and families with other assistance programs, such as the

Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp Program), various cash

benefits programs, unemployment insurance, and municipal welfare programs.

Justice in Aging Project

NHLA provides legal services to older adults (persons age 60 or older) through the Justice in Aging

Project (JIA Project, formerly known as the Senior Law Project). JIA Project advocates assist older adults

with a variety of civil legal problems including illegal and abusive debt collection practices, financial

DocuSign Envelope ID; 5683DOF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

exploitation, long-term care resident rights, public and private housing problems, and denial of

government benefits and health care.

Youth Uaw Project

NHLA's Youth Law Project (YLP) serves children and adolescents who are at risk of involvement with

the juvenile legal system and need civil legal help to access services necessary to graduate from high

school. YLP advocates work primarily on special education and school discipline issues.

Immigrant Justice Project

The Immigrant Justice Project (UP) provides immigration legal services. UP advocates focus on cases in

which a person is eligible for asylum or other humanitarian immigration relief, as well as cases involving

relief for victims of crime, including children. Through our Removal Defense Project, the UP has a

special emphasis on working with clients who are facing removal and detained by Immigration and

Customs Enforcement.

Accounting Policies

The accounting policies of New Hampshire Legal Assistance, Inc. (the 'Entity'), conform to accounting

principles generally accepted in the United States of America as applicable to nonprofit entities except as

indicated hereafter. The following is a summary of significant accounting policies..

Basis of Accounting

The financial statements have been prepared on the accrual basis of accounting.

Basis ofPresentation

The financial statements have'been prepared in accordance with the reporting pronouncements pertaining

to Not-for-Profit Entities included within the FASB Accounting Standards Codification. The Entity is

required to report information regarding its financial position and activities according to the following net

asset classifications:

Net Assets Without Donor Restrictions - Net assets available for use in general operations and not subject

to donor or certain grantor restrictions. The governing board has designated, from net assets without

donor restrictions, net assets for an operating reserve.

Net Assets With Donor Restrictions - Net assets subject to donor or certain grantor imposed restrictions.

Some donor-imposed restrictions are temporary in nature, such as those that will be met by the passage of

time or other events specified by the donor. Other donor-imposed restrictions are perpetual in nature,

where the donor stipulates that resources be maintained in perpetuity. Donor-imposed restrictions are

released when a restriction expires, that is, when the stipulated time has elapsed, when the stipulated

purpose for which the resource was restricted has been fulfilled, or both.

10

DocuSign Envelope ID; 5683DDF6-75C7^57D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

Recognition ofDonor Restrictions

Contributions are recognized when the donor makes a promise to give to the.Entity that is, in substance,

unconditional. The Entity reports contributions restricted by donors as increases'in net assets without

donor restrictions if the restrictions expire (that is, when a stipulated time restriction ends or purpose-

restriction is accomplished) in the reporting period in which the revenue is recognized. All other donor

restricted contributions are reported as increases in net assets with donor restrictions, depending on the

nature of the restrictions. When a restriction expires, net assets with donor restrictions are reclassified to

net assets without donor restrictions and reported in the statements of activities as net assets released from

restrictions.

Cash and Cash Equivalents

Cash and cash equivalents include cash on hand and other cash accounts with a maturity of 90 days or

less. For purposes of the Statements of Cash Flows, cash and cash equivalents consist of the following:

2021 2020

As presented on the Statements of Financial Position-

Cash and equivalents $ 1,536,814 $ 2,064,411

Cash, restricted 13,531 33,423

$ 1,550,345 $ 2,097,834

Investments

Investments, which consist of brokered certificates of deposit, are reported at their fair values in the

statements of financial position. Net investment return/(loss) is reported in the statements of activities and

consists of interest income, and unrealized gains and losses, less external and direct internal investment

expenses.

Contributions Receivable

Unconditional pledges are recorded as made. These amounts are recorded at the present value of the

estimated fair value. Conditional pledges are recognized only when the conditions on which they depend

are substantially met and the pledges become unconditional. All contributions receivable are considered

current and expected to be received within one year.

Property' and Equipment

Property and equipment is recorded at cost for purchased items and at fair value for donated items as of

the date of donation. Property and equipment is summarized as follows:

II

OocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

2021 2020

Land $ 10,000 $ 10,000

Building and improvements 474,993 474,993

Leasehold improvements 2,050 2,050

Equipment 298,639 291,244

785,682 778,287

Less: Accumulated Depreciation (570,600) (526.501)

$ 215,082 $ 251,786

Depreciation is computed using the straight-line method covering estimated two to ten-year lives for

equipment, four to forty-year lives for the building and improvements, and over the life of the related

lease for leasehold improvements. Expenditures for repairs and maintenance are expensed when incurred

and betterments with a useful life in excess of three years are capitalized.

Depreciation expense for the years ending December 31, 2021 and 2020 was $44,099 and $42,910,

respectively.

Deposits Held for Others

Deposits held for others consist of funds that are held for the express purpose of third-party individuals

and organizations and are therefore not available to support the Entity's own programs.

Bad Debts

The Entity uses the reserve method for accounting for bad debts. It is the Entity's policy to charge off

uncollectible receivables when management determines the receivable will not be collected. Contributions

receivable at December 31, 2021 and 2020 are recorded net of an allowance for uncollectible pledges of

$1,750.

Revenue and Revenue Recognition

The Entity recognizes contributions when cash is received. Special events, donations, and other income

are recorded as revenues as received. Conditional promises to give, that is, those with a measurable

performance or other barrier and a right of return, are not recognized until the conditions on which they

depend have been met.

The Entity also has revenue derived from cost-reimbursable federal and state contracts and grants, which

are conditional upon certain performance requirements and/or incurrence of allowable qualifying

expenses. Amounts received are recognized as revenue without donor restrictions when the Entit)' has

incurred expenditures in compliance with the specific contract or grant provisions. Amounts received

prior to incurring qualifying e.xpenditures are reported as refundable advances in the statements of

financial position. At December 31, 2021 and 2020, no amounts have been received in advance for which

qualifying expenditures have not been incurred under our federal and state contracts and grants.

Case Revenue

The. Entit)' receives a regular stream of case revenue from fees in Social Security and SSI disability cases.

These fee awards must be approved by the Social Security Administration Administrative Law Judge.

From time to time the Entity also receives larger attorney fee awards in individual and class action cases.

12

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCUL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

These class action fee awards are episodic, and it is not possible to predict in advance their amounts or the

dates they will be received. Accordingly, case revenue is recognized when cash is received.

Donated Services

The Entity receives donated professional services from a variety of part-time volunteers and interns in the

form of administrative assistance, as well as paralegal and legal services. The estimated fair value of these

donations is recorded as revenue and expenses in the statements of activities. Donated services recognized

as revenue and expenses in the statements of activities for the years ending December 31, 2021 and 2020

was $ 118,078 and $ 160,399, respectively.

Fund Raising Activities

Fund raising expenses represent the allocated costs of the Campaign for Legal Services (See Note 12).

Distributions of campaign donations to the Entit>''s campaign partner agency have been included as

fundraising expense because the Entity has an agreement to distribute these funds, which do not represent

typical, out-of-pocket operating expenses of the Entity.

Functional Allocation of Expenses

The costs of program and supporting services activities have been summarized on a functional basis in the

statements of activities. The statements of functional expenses present the natural classification detail of

expenses by function.

The financial statements report certain categories of expenses that are attributed to more than one

program or supporting function. Accordingly, certain indirect costs have been allocated among the

programs and supporting services benefited, based primarily on percentage allocations calculated based

on hours worked (time and effort). The expenses that are allocated include payroll taxes, employee

benefits, occupancy, office supplies and expenses, postage, equipment rental and maintenance,

communications, professional library, insurance, dues and fees, contract services, travel, and depreciation,

which are all allocated on the basis of time and effort, as noted previously.

Income Taxes

The Entity is exempt from Federal income taxes under Section 501(c)(3) of the Internal Revenue Code

and is also exempt from State of New Hampshire income taxes and, therefore, has made no provision for

Federal or State income taxes. In addition, the Entity has been determined by the Internal Revenue

Service not to be a "Private Foundation" within the meaning of Section 509(a) of the Code. The Entity is

annually required to file a Return of Organization Exempt from Income Tax (Form 990) with the IRS.

FASB Accounting Standards Codification Topic 740 entitled Accounting for Income Taxes requires the

Entity to report uncertain tax positions for financial reporting purposes. The Entity had no uncertain tax

positions as of December 31, 2021 and, accordingly does not have any unrecognized tax benefits that

need to be recognized or disclosed in the financial statements.

Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the

United States of America requires management to make estimates and assumptions that affect certain

13

DocuSign Envelope ID; 56a3DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

reported amounts and disclosures during the reporting period. Actual results could differ from those

estimates.

Fair Value of Financial Instruments

Cash and equivalents, accounts receivable, accounts payable, and accrued expenses are carried in the

financial statements at amounts which approximate fair value due to the inherently short-term nature of

the transactions. The fair values determined for financial instruments are estimates, which for certain

accounts may differ significantly from the amounts that could be realized upon immediate liquidation.

NOTE 2--LIQUIDITY AND AVAILABILITY

The Entity regularly monitors the availability of resources required to meet its operating needs and other

contractual commitments, while also striving to maximize the investment of its available funds. Financial

assets in excess of daily cash requirements are invested in brokered certificates of deposit.

The following table reflects the Entity's financial assets as of December 31, 2021 and 2020, reduced by

amounts that are not available to meet general expenditures within one year of the statement of financial

position date because of donor arid other restrictions or internal board designations. Amounts not

available include the board designated operating reserve. In the event the need arises to utilize the board

designated reserve funds for liquidity purposes, the reserves could be drawn upon through board

resolution. The Entity has a $500,000 line of credit available to meet cash flow needs if needed.

Financial assets available for general expenditure, reduced by donor or other restrictions limiting their

use, within one year of the statement of financial position date, comprise the following:

2021 2020

Cash and equivalents $ 1,536,814 $ 2,064,411

Investments 800,006 350,000

Grants and contracts receivable 2,086,898 1,755,351

Contributions receivable, net 6,062 12,722

Total Financial Assets 4,429,780 4,182,484

Less;

Net assets with donor restrictions (2,243,680) (1,846,926)

- Board designated operating resen-e (650.000) (600,000)

Financial Assets Available to Meet Cash Needs

for General Expenditures Within One Year $ 1,536,100 $ 1,735,558

NOTE 3--SIGNIFICANT CONCENTRATIONS OF CREDIT RISK

The Entity maintains bank deposits at financial institutions with local branches located in New

Hampshire. The Entit)''s cash balances are insured by the Federal Deposit Insurance Corporation (FDIC)

up to a total of $250,000 for all cash checking and sweep accounts. The Entity has entered into

agreements with the financial institutions to move funds in excess of FDIC limits into insured cash sweep

accounts. Funds held in the insured cash sweep accounts are placed into FDIC insured deposit accounts

with other financial institutions throughout the United States. As of December 31, 2021 and 2020 the

Entity's bank deposits were fully insured.

14

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

NOTE 4-INVESTMENTS

Fair Value Measurements

Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly

transaction in the principal, or most advantageous, market at the measurement date under current market

conditions regardless of whether that price is directly observable or estimated using another valuation

technique. The Entity reports under the Fair Value Measurements pronouncements of the FASB

Accounting Standards Codification (FASB ASC 820-10), which establishes a framework for measuring

fair value. That framework provides a fair value hierarchy that prioritizes the inputs of valuation

techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices

in active markets for identical assets or liabilities (level I measurement) and the lowest priority to

unobservable inputs (level 3 measurements). The three levels of the fair value hierarchy are described

below.

Level 1 - Inputs to the valuation methodology are unadjusted quoted prices for identical assets or

liabilities in active markets that the Entity has the ability to access at the measurement date.

Level 2 - Inputs to the valuation include:

• Quoted prices for similar assets or liabilities in active markets;

• Quoted prices for identical or similar assets or liabilities in markets that are not active;

• Inputs other than quoted prices that are observable for the asset or liability;

• Inputs that are derived principally from or corroborated by observable market data by

correlation or other means.

?

If the asset or liability has a specified (contractual) term, the Level 2 input must be observable for

substantially the full term of the asset or liability.

Level 3 - Inputs to the valuation methodology are unobservable and significant to the fair value

measurement.

In some cases, the inputs used to measure the fair value of an asset or a liability might be categorized

within different levels of the fair value hierarchy. In those cases, the fair value measurement is

categorized in its entirety in the same level of the fair value hierarchy as the lowest level input that is

significant to the entire measurement. Assessing the significance of a particular input to entire

measurement requires judgment, taking into account factors specific to the asset or liability. The

categorization of an asset within the hierarchy is based upon the pricing transparency of the asset and

does not necessarily correspond to our assessment of the quality, risk, or liquidity profile of the asset or

liability.

A significant portion of the Entity's investments is in brokered certificates of deposit. The brokered

certificates of deposit are valued by the custodians of the securities using pricing models based on credit

quality, time to maturity, stated interest rates, ahd market-rate assumptions, and are classified within

Level 2.

The following tables set forth by level, within the fair value hierarchy, the Entity's assets measured at fair

value on a recurring basis, as of December 31, 2021 and 2020:

15

OooiSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 3!, 2021 and 2020

Assets at Fair Value as of December 31, 2021

Certificates of deposit

Total Assets at Fair Value

Certificates of deposit

Total Assets at Fair Value

Level 1 Level 2 ' Level 3 Total

S 800,006. $ 800,006

S $ 800,006 $ S 800,006

Assets at Fair Value as of December 31, 2020

Level 1 Level 2 Level 3 Total

S 350,000 S 350,000

$ $ 350,000 $ $ 350,000

NOTE 5-GRANTS AND CONTRACTS RECEIVABLE

Grants and contracts receivable, by funding category, consist of the following at December 31, 2021 and

2020:

2021 2020

State of New Hampshire and Federal • Departments and Agencies $ 1,138,165 $ 1,156,636

Local Governments 1,680

New Hampshire Bar Foundation - lOLTA 258,348 280,874

United Way (various branches) 26,463 44,508

Foundations and Other 663,922 271,653

$ 2,086,898 $ 1.755,351

NOTE 6-ACCRUED VACATION LEAVE

Employees earn annual vacation leave as they provide ser\'ices. Pursuant to Entity policy, employees may

accumulate, subject to certain limitations, unused vacation leave, and upon termination of employment be

compensated for such amounts at current rates of pay. Employees may liot "cash out" their accumulated

vacation leave at any time during their employment. Accumulated earned vacation leave at

December 31, 2021 and 2020 was $ 139,393 and $ 151,673, respectively, and has been included as part of

the 'Accrued expenses' liability in the statements of financial position.

NOTE 7--PENSION PLAN

The Entity operates a 401(k)-retirement plan, and under the plan's "safe harbor"' rules, the Entity

contributes 3% of all employees' salaries to the plan. Under the terms of the plan, the Entity has the

discretion to make a higher level of contribution to the plan but is not obligated. For the years ended

December 31, 2021 and 2020 the Entity's discretionary contribution was up to a 2% match of

contributing employees' salaries. Contributions to the plan for the year ended December 31, 2021 and

2020 totaled $152,673 and.S 140,389, respectively.

NOTE 8-NET ASSETS WITH DONOR RESTRICTIONS

Net assets with donor restrictions have been restricted for the following as of December 31, 2021 and

2020:

16

DocuSign Envelope ID; 5683DDF6-75C7-457D^09B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

Subject to expenditure for specified purpose:

Civil legal services

Fair Housing legal services

Enviommental Justice Project

Elderly and Adult legal services

Health Care Access

Medical and Legal Collaboration

Consumer protection

COVID-19

Immigration

Other

2021

65,706

304,869

42,746

176,277

50,393

29,159

126,575

795,725

2020

54,246

25,000

98,621

97,533

9,596

2,083

51,504

57,475

140,000

3,497

539,555

Subject to expenditure for specified period and purpose:

Civil legal services

Elderly and Adult legal services

COVlD-19

Immigration

Health Care Access

Other

1,091,755

260,000

56,200

40,000

1,447,955

1,228,571

65,000

9,300

4,500

1,307,371

$ 1,846,926Total Net Assets With Donor Restrictions $ 2,243,680

NOTE 9--REVENUE FROM CONTRACTS WITH CUSTOMERS

The following tables provide information about significant changes in the contracts with customers in

eftect for the years ended December 31, 2021 and 2020:

Contract Receivables

Contracts receivable, beginning of year

Restatement impact

New contracts awarded

Cash received

Contracts receivable, end of year

2021

$ 27,000

(9,833),

(17,167)

2020

$ 45,000

59,500

(77,500)

S 27,000

Net Assets

Donor Restricted Net Assets, beginning of year

Restatement impact

New contracts awarded

Revenue recognized on contracts

Donor Restricted Net Assets, end of year

2021

$ 17,828

(9,833)

(7,995)

2020

$ 22,500

59,500

(64J72)

S 17,828

17

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B^165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

NOTE 10--LEASE COMMITMENTS

The Entity leases Its current Manchester, New Hampshire office building under an agreement that

commenced October 1, 2014 and vvhich was amended through April 30, 2023. The Entity leases its

Concord, New Hampshire office under an agreement that commenced November 19, 2014 which was

extended, with new terms through November 18, 2024. The Entity leases its Berlin, New Hampshire

office under an agreement that commenced June 1, 2017 and ended June 1, 20 i 9. As of June 1, 2019, the

original lease was extended, with new terms through May 31, 2021. Effective April 2021 Berlin offices

were relocated and a new lease commenced for May 26, 2021, expiring May 31, 2024. The Entity leases

its Claremont, New Hampshire office on a month-to-month basis. The general terms of the lease extend

through December 2022. The terms of all of the Entity's leases contain a provision that allow the Entity to

terminate the lease prior to the end of the lease term in the event of a funding reduction. Rental expense

for leases was $191,379 and $189,529 for the years ended December 31, 2021 and 2020, respectively.

The following is a schedule, by years, of future minimum payments for operating leases:

Year Ended Annual Lease

December 31. Commitments

2022 $ 194,000

2023 132,184

2024' 91,386

$ 417,570

NOTE n~ECONOMIC DEPENDENCY

For the years ended December 31, 2021 and 2020, approximately 29.5% and 25.5%, respectively, of total

support and revenue was derived from an appropriation from the State of New Hampshire. The

discontinuation or reduction of the State appropriation would likely result in a decrease in services

provided by the Entity, until alternative revenues could be obtained.

NOTE 12~CAMPAIGN FOR LEGAL SERVICES

In June 2005, the Entity assumed administration of the Campaign for Legal Services (the Campaign) from

the New Hampshire Bar Foundation. The Campaign is a joint fundraising effort on behalf of the Entit>'

and 603 Legal Aid, a not-for-profit entity providing civil legal services to low-income people in the State

of New Hampshire. Revenue and expenses of these activities have been reported as contributions received

and made, and as fund raising expenses in these financial statements. For the years ended

December 31, 2021 and 2020 the Campaign had total unrestricted revenue and support of $443,676 and

$430,520, respectively, and total expenses, excluding distributions, of $173,509 and $156,318,

respectively.

Distributions to the Campaign partners during the years ended December 31, 2021 and 2020 totaled

$268,013 and $275,609, respectively. Distributions were allocated and made as follows for the years

ended December 31, 2021 and 2020: the Entity received $173,694 and $179,146, respectively, and 603

Legal Aid received $94,319 and $96,463, respectively.

18

OocuSign Envelope ID: 5683DDF6-75C7-457O-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 31, 2021 and 2020

NOTE 13--LINE OF CREDIT

The Entity has an available line of credit with its primary bank for up to $500,000. For the years ended

December 31, 2021 and 2020, the interest rate was 3.75%. No amounts have been drawn on the line of

credit and there was no outstanding balance due as of December 31, 2021 or 2020.

NOTE 14-CONTINGENCIES

The Entit>' participates in a number of Federal and State assisted grant programs and contracts. Such

programs may be subject to financial and compliance audits by the grantors or their representatives. The

amounts, if any, of expenses which may be disallowed by a grantor agency cannot be determined at this

time, although the Entity expects such amounts, if any, to be immaterial.

NOTE 15-SBA PAYCHECK PROTECTION PROGRAM

During April 2020, the Entity obtained a note payable under the Paycheck Protection Program in the

amount of $681,800. Under the terms of the agreement, the Entity was eligible to apply for principal

forgiveness in whole or in part by the Small Business Administration under the CARES Act, once certain

eligibility criteria had been satisfied. In November 2020, the Entit)' was granted principal forgiveness for

the outstanding principal in its entirety. As a result, no payments were made or required on this note

payable for extinguishment.

For the year ended December 31, 2020, revenue without donor restrictions in the amount of $681,800 has

been recognized as "Government grants and contracts" on the statements of activities.

NOTE 16~SUBSEQUENT EVENTS

Subsequent events have been evaluated through March 31, 2022 which is the date the financial statements

were available to be issued.

NOTE 17--RESTATEMENT

During the year ended December 31, 2021, management changed revenue recognition policies.for its

cost-reimbursable grants and contracts. Revenues, receivables, and ending net asset amounts related to

prior periods and, as a result, beginning net assets as of Januar>' 1, 2020 have been restated.

The impact of the above changes on amounts previously reported as of December 31, 2020 are as follows:

As previously

As restated reported Change

2020 2020 2020

Statement of Financial Position:

Grants and contracts receivable S 1,755,351 $ 2,636,311 S (880,960)

Net assets with donor restrictions:

Purpose restrictions 539,555 549,387 (9,832)

Time restrictions for future periods 1,307,371 2,178,499 (871,128)

19

DocuSign Envelope ID; 5683DDF6.75C7-457D-809B^165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES TO FINANCIAL STATEMENTS (CONTINUED)

For the Years Ended December 3 i, 2021 and 2020

Statement of Activities:

Government grants and contracts

Net Assets - January 1

Net Assets • December 31

As previously

reported

2020

S 1,613,957

3,753,813

$ 4,072,032 S 4,952,992

As restated

2020

S 1,237,129

3,249,681

Change

2020

(376,828)

(504,132)

(880,960)

NOTE 18-FUTURE ACCOUNTING STANDARDS

FASB has issued ASU 20\6-02, Leases (Topic 842). which the Entity is required to implement for the

year ending December 31, 2022. Management believes that this update will have a potentially significant

impact on the financial statements. The Entity will be required to recognize a right-of-use asset and a

lease liability for transactions currently identified as operating leases.

20

DocuSign Envelope ID: 5683DDF6-75C7^57D-809B-6165BB518138

SCHEDULE 1

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Schedule of Expenditures of Federal Awards

For the Year Ended December 31, 2021

Federal Granting Agency/Recipient

State Agency/Grant Program/State

Grant Number

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Received directly from U.S. Treasury Department

Fair Housing Initiatives Program

#FPE[I900I9

Assistance Total

Listing Federal Passed Through

Number Expenditures to Siibrecipients

14.408

$ 297.269 $

Education and Outreach Initiatives 14.416

#FEOI20033

Total Department of Housing and Urban Development

DEPARTMENT OF JUSTICE

Pass Through Payments from the County of StrafTord, New Hampshire

Justice Systems Response to Families 16.021

Pass Through Payments from New Hampshire Department of Justice

Crime Victim Assistance 16.575

#2021VO22

#202IVOC7l

78,447

375.716

1.342

599.287

211.079

810.366 68.164

Violence Against Women Formula Grants

#202IVAWI7

Total Department of Justice

DEPARTMENT OF THE TREASURY

Pass Through Payments from the State of New Hampshire

Governor's Ofnce

COVlD-19 - Emergency Rental Assistance Program

Total Department of Treasury

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Pass Through Payments from New Hampshire Bureau

of Elderly and Adult Services

Aging Cluster:

Special Programs for the Aging - Title III. Part B - Grants

for Supportive Services and Senior Centers

#I7AANHT3SS

Total Aging duster

Total Department of Health and Human Services

Total Expenditures of Federal Awards

16.588

21.023

93.044

45.000

856.708

10.039

10,039

177.355

177,355

177.355

68,164

$ 1.419,818 $ 68.164

See notes to schedule of expenditures of federal awards

21

DocuSign Envelope ID: 5603DDF6-75C7-457D-8O9B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

NOTES to SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS

For the Year Ended December 31, 2021

NOTE 1-BASIS OF PRESENTATION

The accompanying Schedule of Expenditures of Federal Awards (the '"Schedule") includes the federal

award activity of New Hampshire Legal Assistance, Inc. under programs of the federal government for

the year ended December 31, 2021. The information in this Schedule is presented in accordance with the

requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative

Requirements. Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Because the Schedule presents only a selected portion of the operations of New Hampshire Legal

Assistance, Inc., it is not intended to and does not present the financial position, changes in net assets, or

cash flows of New Hampshire Legal Assistance, Inc.

NOTE 2--SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

The accompanying Schedule of Expenditures of Federal Awards is presented using the accrual basis of

accounting, which is described in Note 1 to New Hampshire Legal Assistance, Inc.'s financial statements.

Such expenditures are recognized following the cost principles contained in the Uniform Guidance,

wherein certain t)'pes of expenditures are not allowable or are limited as to reimbursements.

NOTE 3--INDIRECT COST RATE

New Hampshire Legal Assistance, Inc. has not elected to use the 10-percent de minimis indirect cost rate

allowed under the Uniform Guidance.

NOTE 4--RELAT10NSHIP TO FINANCIAL STATEMENTS

The recognition of expenditures of federal awards has been reported in the Entity's financial statements as

program services and management and general expenses, as applicable.

22

DocuSign Envelope 10: 5683DDF6-75C7-457D-809B-6165BB51813B

^Vachon Clukayjt QUO v-.ncsuiui jircci • Manvncvi

^COMPANY rU (603)622-7070 • Fax: (603)622-1452

CCRT/MHD PUBLIC ACCOUNTASTS

608 Chcsinui Street • Manchester, New Hampshire 03104

www.vachonclukay.coni

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING

AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT

OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE

WITH GOVERNMENT AUDITING STANDARDS

Independent Auditor's Report

To the Board of Directors

New Hampshire Legal Assistance, inc.

We have audited, in accordance with the auditing standards generally accepted in the United States

of America and the standards applicable to financial audits contained in Government Auditing Standards

issued by the Comptroller General of the United States, the financial statements of New Hampshire Legal

Assistance, Inc. (a nonprofit organization), which comprise the statement of financial position as of

December 31, 2021, and the related statements of activities, functional expenses, and cash flows for the

year then ended, and the related notes to the financial statements, and have issued our report thereon dated

March 31, 2022.

Report on Internal Control Over Financial Reporting

In planning and performing our audit of the financial statements, we considered New Hampshire

Legal Assistance, Inc.'s internal control over financial reporting (internal control) as a basis for designing

audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the

financial statements, but not for the purpose of expressing an opinion on the effectiveness of New

Hampshire Legal Assistance, Inc.'s internal control. Accordingly, we do not express an opinion on the

effectiveness of New Hampshire Legal Assistance, Inc.'s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow

management or employees, in the normal course of performing their assigned functions, to prevent, or

detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination

of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement

of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A

significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe

than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of

this section and was not designed to identify all deficiencies in internal control that might be material

weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any

deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses

or significant deficiencies may exist that have not been identified.

23

DocuSign Envelope ID; 5683DDF$-75C7-457D-809B-6165BB51813B

Report on Compliance and Other Matters

As part of obtaining reasonable assurance about whether New Hampshire Legal Assistance, Inc.'s

financial statements are free from material misstatement, we performed tests of its compliance with certain

provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a

direct and material effect on the financial statements. However, providing an opinion on compliance with

those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The

results of our tests disclosed no instances of noncompliance or other matters that are required to be reported

under Government Auditing Standards.

Purpose of this Report

The purpose of this report is solely to describe the scope of our testing of internal control and

compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's

internal control or on compliance. This report is an integral part of an audit performed in accordance with

Government Auditing Standards in considering the entity's internal control and compliance. Accordingly,

this communication is not suitable for any other purpose.

Manchester, New Hampshire

March 31, 2022

24

DocuSign Envelope ID; 5683DDF6.75C7-457D-809B-6165BB51813B

^VAGHON Clukay ci:rt]i-jed public ACCOUNTAT^'TS

P. » "T)/^ 608 Chcsinul Sircfi • Mnnclicsicr, New I-lainpshirc 03104

Ol C_-OMPANY r (603) 622-7070 • Fax: (603) 622-H52 • www.vachonclukay.corn

REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM

AND ON INTERNAL CONTROL OVER COMPLIANCE

REQUIRED BY THE UNIFORM GUIDANCE

Independent Auditor's Report

To the Board of Directors

New Hampshire Legal Assistance, Inc.

Report on Compliance for Each Major Federal Program

Opinion on Each Major Federal Program

We have audited New Hampshire Legal Assistance, Inc.'s compliance with the types of compliance

requirements identified as subject to audit in the 0MB Compliance Supplement that could have a direct and

material effect on each of New Hampshire Legal Assistance, Inc.'s major federal programs for the year

ended December 31,2021. New Hampshire Legal Assistance, Inc.'s major federal programs are identified

In the summary of auditor's results section of the accompanying schedule of findings and questioned costs.

In our opinion, New Hampshire Legal Assistance, Inc. complied, in all material respects, with the

compliance requirements referred to above that could have a direct and material effect on each of its major

federal programs for the year ended December 31, 2021.

Basisfor Opinion of Each Major Federal Program

We conducted our audit of compliance in accordance with auditing standards generally accepted in

the United States of America (GAAS); the standards applicable to financial audits contained in Government

Auditing Standards issued by the Comptroller General of the United States {Government Auditing

Standards)', and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform

Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in

the Auditor's Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of New Hampshire LegalAssistance, Inc. and to meet our other

ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe

that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on

compliance for each major federal program. Our audit does not provide a legal determination of,New

Hampshire Legal Assistance, Inc.'s compliance with compliance requirements referred to above.

Responsibilities ofManagementfor Compliance

Management is responsible for compliance with the requirements referred to above and for the

design, implementation, and maintenance of effective internal control over compliance with the

requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable

to New Hampshire Legal Assistance, Inc.'s federal programs.

25

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB518138

Auditor's Responsihilities for the Audit of Compliance

Our objectives are to obtain reasonable assurance about whether material noncompliance with the

compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion

on New Hampshire Legal Assistance, Inc.'s compliance based on our audit. Reasonable assurance is a high

level of assurance but is not absolute assurance and therefore it is not a guarantee that an audit conducted

in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect

material noncompliance when it exists. The risk of not detecting material noncompliance resulting from

fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional

omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance

requirements referred to above is considered material, if there is a substantial likelihood that, individually

or in the aggregate, it would influence the Judgment made by a reasonable user of the report on compliance

about New Hampshire Legal Assistance, Inc.'s compliance with the requirements of each major federal

program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform

Guidance, we:

• Exercise professional judgment and maintain professional skepticism throughout the audit.

• Identify and assess the risks of material noncompliance, whether due to fraud or error, and design

and perform audit procedures responsive to those risks. Such procedures include examining, on a

test basis, evidence regarding New Hampshire Legal Assistance, Inc.'s compliance with the

compliance requirements referred to above and performing such other procedures as we considered

necessary in the circumstances.

• Obtain an understanding of New Hampshire Legal Assistance, Inc.'s internal control over

compliance relevant to the audit in order to design audit procedures that are appropriate in the

circumstances and to test and report on internal control over compliance in accordance with the

Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of New

Hampshire Legal Assistance, Inc.'s internal control over compliance. Accordingly, no such opinion

is expressed.

We are required to communicate with those charged with governance regarding, among other matters,

the planned scope and liming of the audit and any significant deficiencies and material weaknesses in

internal control over compliance that we identified during the audit.

Report on Internal Control Over Compliance

A deficiency in internal control over compliance exists when the design or operation of a control

over compliance does not allow management or employees, in the normal course of performing their

assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement

of a federal program on a timely basis. A material weakness in internal control over compliance is a

deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a

reasonable possibility that material noncompliance with a type of compliance requirement of a federal

program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in

internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over

compliance with a type of compliance requirement of a federal program that is less severe than a material

weakness in internal control over compliance, yet important enough to merit attention by those charged

with governance.

26

DocuStgn Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

Our consideration of internal control over compliance was for the limited purpose described in the

Auditor's Responsibilities for the Audit of Compliance section above and was not designed to identify all

deficiencies in internal control over compliance that might be material weaknesses or significant

deficiencies in internal control over compliance. Given these limitations, during our audit we did not

identify any deficiencies in internal control over compliance that we consider to be material weaknesses,

as defined above. However, material weaknesses or significant deficiencies in internal control over

compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal

control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our

testing of internal control over compliance and the results of that testing based on the requirements of the

Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Manchester, New Hampshire

March 31, 2022

27

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

New Hampshire Legal Assistance, Inc.

Schedule of Findings and Questioned Costs

For the Year Ended December 31, 2021

Section I—Summar>' of Auditor's Results

Financial Statements

Type of auditor's report issued on whether the financial

statements audited were prepared in accordance with GAAP:

Internal control over financial reporting:

Material weakness(es) identified?

Significant deficiency(ies) identified?

Noncompliance material to financial statements noted?

Unmodified

yes

yes

yes

X no

X none reported

X no

Federal A wards

Internal control over major federal programs:

Material weakness(es) identified?

Significant deficiency(ies) identified?

Type of auditor's report issued on compliance

for major federal programs;

Any audit findings disclosed that are required to

be reported in accordance with 2 CFR 200.516(a)?

yes X no

yes X none reported

Unmodified

yes _X no

Identification of major federal program(s):

ALN Numberfsl

14.408

' Name of Federal iProgram or Cluster

Fair Housing Initiatives Program

Dollar threshold used to distinguish between Type A and Type B programs: $ 750.000

Auditee qualified as low-risk auditee? X yes no

28

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B^165BB51813B

Section II—Financial Statement Findings

There were no findings relating to the financial statements required to be reported by GAGAS.

Section III—Federal Award Findings and Questioned Costs

There were no findings and questioned costs as defined under 2 CFR 200.516(a).

29

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Combining Statement of Financial Position

December 31, 2021

ASSETS

CURRENT ASSETS:

Cash and cquivalenis

Cash, resirictcd

investments

Grants and contracts receivable

Contributions receivable, net

Prepaid expenses

Security deposits

TOTAL CURRENT ASSETS

New Hampshire

Legal Assistance

1,419.447

13,531

800.006

2,086.898

86,186

69.050

13,925

4.489.043

Campaign for

Legal Services

$ 117,367

349

1.195

18.911

Eliminations

$ {80,473)

(80.473)

Total

1,536,814

13,531

800,006

2,086,898

6,062

70,245

13,925

4.527.481

NONCURRENT ASSETS:

Property and equipment, net

TOTAL NONCURRENT ASSETS

215,082

215.082

215.082

215,082

TOTAL ASSETS $ 4.704.125 118,911 $ (80,473) $ 4,742,563

LIABILITIES & NET ASSETS

CURRENT LIABILITIES:

Accounts payable

Accrued expenses

Deposits held for others

TOTAL CURRENT LIABILITIES

TOTAL LIABILITIES

25,993

322,509

13.531

362.033

362,033

13,172

3,989

17.161

17.161

(80,473)

(80.473)

(80.473)

58,692

326,498

13.531

398.721

398.721

NET ASSETS:

Without donor restrictions:

Undesignated

Board designated operating reserve

With donor restrictions:

Purpose restrictions

Time restrictions for future periods

TOTAL NET ASSETS

1,448.412

650.000

795,725

1.447,955

4.342.092

1,750

1.750

1,450,162

650,000

795,725

1,447.955

4.343,842

TOTAL LIABILITIES AND NET ASSETS $ 4.704.125 $ 118,911 $ (80.473) $ 4,742,563

30

DocuSign Envelope ID; 5683DDF6-75C7^57D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Combining Statement of Financial Position

December 31, 2020

ASSETS

CURRENT ASSETS:

Cash and equivalents

Cash, restricted

Investments

Grants and contracts receivable

Contributions receivable, net

Prepaid expenses

Security deposits

TOTAL CURRENT ASSETS

New Hampshire

Legal Assistance

1,942,314

33,423

350.000

1,755.351

92,308

7,823

13.850

4.195.069

Campaign for

Legal Services

122,097

liminations

10.563 (90,149)

132.660 (90,149)

Total

2,064,411

33,423

350,000

1,755,351

12,722

7,823

13.850

4.237.580

NONCURRENT ASSETS:

Property and equipment, net

TOTAL NONCURRENT ASSETS

251,786

251,786

251,786

251,786

TOTAL ASSETS $ 4,446,855 132,660 (90.149) $ 4,489,366

LIABILITIES & NET ASSETS

CURRENT LIABILITIES:

Accounts payable

Accrued expenses

Deposits held for others

TOTAL CURRENT LIABILITIES

TOTAL LIABILITIES

40.168

300,825

33.423

374.416

374,416

133,067 S (90,149) S

133.067

133,067

(90.149)

(90.149)

83,086

300,825

33.423

417.334

417.334

NET ASSETS:

Without donor restrictions:

Undesignated

Board designated operating rescr\'e

With donor restrictions:

Purpose restrictions

Time restrictions for future periods

TOTAL NET ASSETS

1,625,513

600.000

539,555

1.307,371

4,072,439

(407)

(407)

1,625,106

600,000

539,555

1,307.371

4,072,032

TOTAL LIABILITIES AND NET ASSETS S 4,446.855 132,660 (90,149) S 4,489,366

31

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Combining Statement of Activities

For the Year Ended December 31,2021

New Hampshire Campaign for

I.eea! Assistance l.eeal Ser\'ices

CHANCES IN NET ASSETS WITHOUT DONOR RESTRICTIONS

SUPPORT AND REVENUE:

New Hampshire Bar Foundation - lOLTA $ 301,408

Government grants and contracts 2.261.637

United Ways • 16.962

Contributions - Foundations and Other 474.969

Contributions - Campaign for Legal Ser\'iccs 174,076 S 443,676

Case revenue 13.941

Investment income 10,321 3

Net assets released from donor restrictions 1.555.141

TOTAL SUPPORT AND REVENUE

WITHOUT DONOR RESTRICTIONS 4,808.455 443.679

EXPENSES:

Program services:

Domestic violence project 1,052,250

Housing justice project 891.880

Senior law project 552,274

Public benefits 610,318

Immigration 222,787

Youth law project 113,355

Other civil legal scr\ iccs 710.662

Total program services 4.153.526 •

Supporting serx'iccs:

Fund raising 441,522

Management and general 782,030

Total supporting services 782,030 441.522

TOTAL EXPENSES 4.935,556 441.522

INCREASE (DECREASE) IN NET ASSETS

WITHOUT DONOR RESTRICTIONS (127.101) 2.157

CHANGES IN NET ASSETS WITH DONOR RESTRICTIONS

New Hampshire Bar Foundation - lOLTA 215.292

Government grants and contracts 1,024.869

United Ways 28,960

Contributions • Foundations and Other 682,774

Net assets released from donor restrictions (1.555.141)

INCREASE IN NET ASSETS

WITH DONOR RESTRICTIONS • 396.754 •

CHANGE IN NET ASSETS 269,653 2,157

NET ASSETS - January 1, as restated 4.072.439 (407)

NET ASSETS - December 31 $ 4.342.092 $ 1.750

Eliminations

$ (173,694)

(173.694)

(173,694)

(173.694)

(173.694)

Total

301,408

2,261.637

16,962

474,969

444,058

13,941

10,324

1.555.141

5.078.440

1,052,250

891,880

552,274

610,318

222,787

113,355

710.662

4,153,526

267,828

782.030

1.049,858

5.203,384

(124,944)

215,292

1,024,869

28,960

682,774

(1.555.141)

396.754

271,810

4,072.032

$ 4.343.842

32

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE, INC.

Combining Statement of Activities

For the Year Ended December 31, 2020

CHANGES IN NET ASSETS WITHOUT DONOR RESTRICTIONS

SUPPORT AND REVENUE;

New Hampshire Bar Foundation - lOLTA

Government grants and contracts

United Ways

Contributions • Foundations and Other

Contributions ■ Campaign-for Legal Scr\'iccs

New Hampshire

Ueal Assistance

327,687

2,494.449

12,336

450,585

179,146

Campaign for

Leeal Ser\'ices Eliminations

S 430,520 $ (179,146)

Total

327,687

2.494.449

12.336

450.585

430,520

Case revenue

Investment income

Net assets released from donor restrictions

49.184

19,584

2,092.830

49.184

19.584

2.092,830

TOTAL SUPPORT AND REVENUE

WITHOUT DONOR RESTRICTIONS 5.625.801 430.520 (179,146) 5.877.175

EXPENSES;

Program ser\'ices;

Domestic violence project

Housingjustice project

Senior law project

Public benefits

Youth law project

Other civil legal scr\'iccs

1,200,569

596,359

408,639

445,621

68.067

1,318,391

1,200,569

596.359

408.639

445,621

68.067

1,318,391

Total program scr\'ices 4.037.646 - -

4.037.646

Supporting ser\'iccs;

Fund raising

Management and general 744.659

431,927 (179,146) 252,781

744,659

Total supporting services

TOTAL EXPENSES

744.659

4,782.305

431,927

431.927

(179,146)

(179,146)

997.440

5,035.086

INCREASE (DECREASE) IN NET ASSETS

WITHOUT DONOR RESTRICTIONS 843,496 (1,407) 842,089

CHANGES IN NET ASSETS WITH DONOR RESTRICTIONS

New Hampshire Bar Foundation - lOLTA

Govcmmeni grants and contracts

United Ways

Contributions - Foundations and Other

Net assets released from donor restrictions

234,063

1.237.129

48,754

553,146

(2.092,830)

234,063

1,237.129

48.754

553.146

(2.092.830)

DECREASE IN NET ASSETS

WITH DONOR RESTRICTIONS (19.738) (19.738)

CHANGE IN NET ASSETS 823.758 (1,407) • 822.351

NET ASSETS - Januar\' 1. as restated 3.248.681 1.000 3.249,681

NET ASSETS. December 31 S 4.072.439 S (407) $ S 4,072.032

33

DocuSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

NEW HAMPSHIRE LEGAL ASSISTANCE Board of Directors (Updated June 2022)

NAME

HILARY

ALVAREZ

JOHN T.

BEARDMORE

GEORGE DANA

BISBEE

(Chair)

DEBORAH

BUTLER

(Executive

Committee)

LAUREN SNOW

CHAD WICK

CATHERINE

FLINCHBAUGH

ANGIE FOGG

CLAIRE H.

GAGNON

(Treasurer)

MARGARET

GOODLANDER

ELIZABETH

GREENWOOD

COURTNEY HERZ

Employment

Concord

Family

Medicine

Fidelity

Investments

Retired

attorney

Retired CPA

National

Education

Association

New

Hampshire

Public

Defender

Virtually

Staged Real

Estate

Easterseals

NH

Work Address Home Address Preferred

Phone

Preferred Email

Counsel to the

United States

Attorney

General

Community

Bridges

Sheehan

Phinney

Page I

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B_

NEW HAMPSHIRE LEGAL ASSISTANCE Board of Directors (Updated June 2022)

DOUGLAS P. HILL

Retired

attorney

ANNE JENNESS

(Vice Chair)

Gallagher.

Callahan &

Gartrell, P.O.

QUINN KELLY

Boyle,

Shaughnessy

& Campo PC

CRAIG

MCMAHON

Rath, Young

& Pignateili,

PC

BENJAMIN MING

Inactive status

attorney

SINDISO MNISI

WEEKS

University of

Massachusetts

-Boston

JOHN J. Retired

PELLETIER, SR. farmer

Bernstein

TALESHA SAINT- Shur

MARC

(Secretary)

Orr & Reno.

ERIN VANDEN PA

BORRE

Page I 2

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

CHERYL S. STEINBERG

EXPERIENCE:

NEW HAMPSHIRE LEGAL ASSISTANCE, Concord, New Hampshire

Director, Justice in Aging Law Project, May 2010 - present

Oversee project activities, represent clients focusing on illegal and abusive debt collection practices,

financial exploitation and nursing home/assisted living discharges, engage in policy advocacy and provide

training and outreach.

Development Director, October 2006 - September 2010

Responsible for grant writing, research and management, and overseeing individual fundraising campaign.

Staff/Directing Attorney, January 1999 - August 2007

Ser\'ed in several capacities including general staff attorney, attorney/manager for the Senior Legal Advice

Line, and project director for the New Hampshire Health Law Collaborative.

DISABILITY RIGHTS CENTER-NH, Concord, New Hampshire

Staff Attorney, January 1997 - December 1998

Represented persons with disabilities in a variety of civil legal matters, including special education law.

CONNOR AND KITCHEN, Manchester, New Hampshire

Of Counsel, August 1996-January 1997

Represented persons in family and special education law matters.

LAW OFFICES OF ROBERT V. JOHNSON, H, Concord, New Hampshire

Associate, October 1995 - July 1996

Represented persons in a wide range of matters including personal injury, workers' compensation, probate

and family law.

CHAMBERLAIN AND CONNOR, Manchester, New Hampshire

Associate, August 1993-October 1995

Represented persons in family law matters with a concentration in child advocacy and special education

law.

THE HONORABLE SHANE DEVINE, SENIOR JUDGE

UNITED STATES DISTRICT COURT, Concord, New Hampshire

Extern, September 1992-May 1993

Performed legal research and drafted court orders on a wide range of legal issues.

EDUCATION:

FRANKLIN PIERCE LAW CENTER, Concord. New Hampshire

Juris Doctor, May 1993

SOUTHERN ILLINOIS UNIVERSITY, Carbondale, Illinois

Bachelor of Arts, Sociology, August 1983

Honors: Sociology Major Honors Award

BAR ADMISSION AND PROFESSIONAL ASSOCIATIONS:

Admitted to New Hampshire Bar, October 1993; member. National Academy of Elder Law Attorneys.

DocuSign Envelope ID; 5683DDF6.75C7^57D-8098-6165BB51813B

KAY ELIZABETH DROUGHT

Education

BOALT HALL SCHOOL OF LAW, UNIVERSITY OF CALIFORNIA. Berkeley.

California

Juris Doctor, May 1985

UNIVERSITY OF CALIFORNIA, Berkeley, California

Master of Arts, City and Regional Planning, May 1985

WILLIAMS COLLEGE, Williamstown, Massachusetts

Bachelor of Arts, cum laude, Political Economy. May 1981

Legal Employment

NEW HAMPSHIRE LEGAL ASSISTANCE, Portsmouth, New Hampshire

Litigation Director, 2004 to present

Branch Law Office Managing Attorney, 1997 to present

• Supervise and co-counsel significant litigation

• Lead counsel, 42 U.S.C. Section 1983 lawsuit to enforce children's rights to dental

care under federal Medicaid law, Hawkins v. Commissioner, 99-CV-I43 (D.N.H.)

• Lead counsel, Right-to-Know case involving Medicaid records,

Hawkins v. Department ofHealth and Human Services, 147 N.H. 376 (2001)

• Co-counsel, successful challenge to State's inclusion of children's SSI as TANF

assistance group income, Hendrick v. Department of Health and Human Services,

New Hampshire Supreme Court August 2016.

• Conduct community outreach on Medicaid dental issues

• Organize and lead case acceptance meetings and case review discussions

• Represent individual clients in unemployment, eviction defense, and public benefits

cases

TEXAS RURAL LEGAL AID, FARM WORKER DIVISION, Plainview and

Hereford, Texas

Regional Counsel, 1993 to 1997

Branch Manager, 1988 to 1992

Staff Attorney, 1987 to 1997

• Litigated employment, civil rights, housing, environmental, education, and consumer

cases, primarily in federal courts

• Lead counsel in numerous class action and mass plaintiff cases, including:

Murillo V. Texas A & M University System et ai, 921 F. Supp. 443 (S.D. Tex.

1996) and Salinas v. Rodriguez, Goodpastiire, et ai, 963 F. 2d 791 (5th Cir.

1992), reh 'g denied 978 F. 2d 187 (5lh Cir. 1992)

• Organized press conferences and media coverage of significant cases

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

• Gave presentations on pretrial procedure and federal labor laws at numerous seminars

for new farm worker attorneys; prepared outlines, video demonstrations, and other

training materials

MONTGOMERY & ANDREWS, P.A., Santa Fe, New Mexico

Associate Attorney, Commercial Department, 1985-1987

• Represented business clients in collection lawsuits; advised hospital, utility, and

financial institution clients on a variety of issues; represented individuals in real estate

purchases

• Gave presentations to large groups of hospital and public utility employees about. legal issues affecting their work

UNIVERSITY OF CALIFORNIA, BEREKLEY, DEPARTMENT OF CITY AND

REGIONAL PLANNING, Berkeley, California

Teaching Assistant, graduate level Land Use Law course, 1985

OFFICE OF THE CITY ATTORNEY, Oakland, California

Law Clerk, 1984- 1985.

Volunteer Experience

NEW HAMPSHIRE SUPERIOR COURT RULE 170 MEDIATION PROGRAM

Volunteer Mediator, 2002 to 2010

ROCKINGHAM COUNTY COMMUNITY ACTION

Member, Board of Directors, 1998 to 2000

STATE BAR OF TEXAS, DISTRICT 13A GRIEVANCE COMMITTEE

Member, 1994 to 1997

STATE BAR OF NEW MEXICO, PRO BONO COMMITTEE

Member, 1986-1987

DociiSign Envelope ID; 5683DDF6-75C7-457D-809B-6165BB51813B

GEOFFREY D. KETCHAM

New Hampshire Legal Assistance

117 North State Street, Concord, NH 03301

603-223-9750, ext. 2823 • E-mail: ekctcham@nhla.org

Experience

New Hampshire Legal Assistance (NHLA), Concord, NH, 2018-present

Managing Attorney, Concord Branch Law Office

Supervise locally-based NHLA advocates, support staff, interns, law students, volunteers

Statewide administrative and court advocacy and litigation

Legislative and administrative advocacy, statewide projects, community partnerships

New Hampshire Bar Association

Northeast Legal Aid, Inc. (Merrimack Valley Legal Services), Lowell, MA, 2004-2018

Staff Attorney, housing, family/domestic relations, elder & public benefits

Caretakers of Children at Risk (CCR) Project Coordinator (2017-2018)

Northeast Housing Court Lawyer for a Day Program Coordinator (20! 4-2017)

Housing Unit Head (2014-2017)

Training/mentoring new staff; AmeriCorps supervisor; supervise interns, law students

Administrative and court advocacy and litigation

Strategic Planning, Merger, Private Attorney Involvement & Needs Assessment

committees

Assist with grant compliance and development

Greater Lowell Bar Association

Gordon College, Wenham, MA, Adjunct Professor, 2015

Department of Political Science; Course Title: Law and Society

Legal Aid of East Tennessee, Inc., (Knoxville Legal Aid Society), Knoxville, TN, 1999-2003

Staff Attorney, public benefits, consumer & general practice

Administrative and court advocacy and litigation

Community presentations & outreach; develop & edit program publications

Tennessee Alliance of Legal Services (TALS) task forces

Knoxville.Bar Association

Retired and Senior Volunteer Program (RSVP) Advisory Council

Full Service Schools Project, Detainer Project, Saturday.Bar, Veterans Stand Down,

Fresh Start classes, Urban League seminars

The Neal Law Firm, Knoxville, TN, 1998-1999, Associate, general civil practice

Bar Admissions: Tennessee, 1998; Eastern District of Tennessee (U.S. District Court), 2003;

Massachusetts, 2005, (2004 pursuant to Rule 3:04); New Hampshire, 2019; United States

District Court, District of New Hampshire, 2019

Education

Doctor of Jurisprudence, University of Tennessee College of Law, Knoxville, TN, 1998

Bachelor of Arts in Histor}', Gordon College, Wenham, MA, 1994

Kctcham,

OocuSign Envelope ID; 5683DDF6-75C7-457D-809B^165BB51813B

Contributions to Legal Field & Community

Legal Tactics (MA tenant rights publication) Author & Reviewer (2017-2018)

Commission on the Status of Grandparents Raising Grandchildren panel member (2018)

Northeast Housing Court Lawyer for a Day Program Training (2006-2017)

Northeast Housing Court Tenancy Preservation Program Advisory Group (2014-2018)

Massachusetts Society for the Prevention of Cruelty to Children presentation (2014)

Greater Lowell Education and Advocacy Network (GLEAN) Advisory Team (domestic

violence high risk group) (2012-2014)

Middlesex Community College, Work Readiness Program presentation (2008)

Community presentations & outreach; develop & edit program publications

Training Opportunities

New Hampshire Bar Association, Continuing Legal Education

NHLA Trial Skills and Substantive programs

Massachusetts Legal Assistance Corporation programs

Massachusetts Continuing Legal Education programs

Massachusetts Legal Reform Institute, Inc. programs

American Bar Association Litigation training for Legal Services Advocates

National Institute for Trial Advocacy litigation training

National Consumer Law Center consumer rights conference

TALS conferences

Tennessee Commission on Continuing Legal Education

Other Involvement

New England Academy, Beverly, MA, Advisory Board Member (past)

First Congregational Church, Kingston, NH, music director

Legal Aid Staff Association, officer, member, committee chair/member (TN & MA)

Town & Timberlane Youth Recreational Athletics, YMCA coach and volunteer

Timberlane Music Association, member and volunteer

Kctcham.

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB51813B

RUTHHEINTZ

EDUCATION

University of California, Boalt Hall School of Lav7, Berkeley, OA

•ID., May 1995

Dartmoutl) College

B.A. cum laude with major in engineering sciences, June 1988

BAR ADMISSIONS

State Bar of California -1996 (inactive)

State Bar of Ohio - 1997 (inactive)

State Bar of Oregon - 1999 (submitted Form A resignation in 2007)

State Bar of New Hampshire - 2004

EXPERIENCE

New Hampshire Legal Assistance, Littleton, New Hampshiie

Staff Attorney^ starting June 2004, Managing Attorney, September 2008 to, present

Represent and provide legal advice to low-income and senior clients living in northern New Hampshiie

with a wide variety of legal problems: housing (evictions, conditious, Section 8 temiiuatious, fair

housing); Social Security and Medicaid; family law (divorce, custody and visitation, child support,

domestic violence restraining orders); unemployment compensation and otlier public benefits; utilities;

and other matters. Appear in state and federal coxals and at administrative hearings..

Southeastern Ohio Legal Services, Portsmouth, Zanesville, and Newark, Ohio

Staff Attorney, May 1996 to March 1999, April 2001 to May 2004.

Represented and provided legal advice to low-income clients Living in rural Ohio with a wide variety of

16gal problems: fkmily law (divorce, custody and visitation, child support, domestic violence); housing

(evictions, conditions, rout escrow, land installment contracts, foreclosures); consumer law including

predatory lending and debt collection; utilities; Social Security, unemployment compensation, and other

public benefits; special education; wills; and other matters. Member of the "housing team" and '

"predatory lending team" to sti'ategizc and address concerns of low-income people. Appear ed in state

and federal courts aud at admiiristrative hear'ings.

Legal Aid Services of Oregon, Pendleton, Oregon

Staff Attorney, April 1999 to April 2001.

Represented and provided legal advice primarily to members and other Native American residents of

the Umatilla Indian Reservation in various ar eas of poverty law and Indian law. Appear ed in tribal and -

state couris and at administrative hearings.

San Francisco Neighborhood Legal Assistance Foundation, San Francisco, California

Domestic Relations Unit Law Clerk, January 1994 to May 1995.

East Bay Community Law Center-, Berkeley, California

HJY Unit Intern, January 1995 to May 1995.

Legal Aid Society of Alameda County, Oakland, California

Law C/erAr, June 1993 to June 1994.

IJamily Violence Law Center, Berkeley, CA

Volunteer, Spring and Sunimer 1993.

Tongass Alaska Girl Scout Council, Juneau, AK

VISTA Volunteer, November 1989 to November 1990.

DocuSign Envelope ID: 5683DDF6-75C7-457D-809B-6165BB518138

Stephen T. Tower

BAR ADMISSION

New Hampshire

Bar Exam passed February 2016, Admitted May 24, 20)6.

New York

Bar exam passed July 2014, Awaiting Admission.

Massachusetts

Bar exam passed July 2014. Admitted November 25, 2014.

Federal District Court for the District of Massachusetts

Admitted June 16, 2015.

EDUCATION

Brooklyn Law School, Brooklyn NY

Juris Doctor August 2011-May 2014

University of Massachusetts Amherst, Amiierst MA

Bachelor of Arts Ci/m Laucie in H istory and Legal Studies September 2006-May 2010

EXPERIENCE

New Hampshire Legal Assistance, Concord NH

Staff Attorney September 2015- Present

• Represented low-income claimants in New Hampshire Employment Security

hearings and appeals involving determination of benefits, and unemployment

overpayment claim compromise procedures..

• Represented NHLA on several Public Utilities Commission related boards and

committees for the purpose of advocating on behalf of low-income utility

customers.

• Represented low-income clients in a variety of public benefits, housing, consumer

rights, and domestic violence related matters in New Hampshire state courts and

administrative proceedings.

Greater Boston Legal Services, Employment Law Unit, Boston MA

Intern; Fellow May 2013- August 2013; August 2014- September 2015

• Represented low-income claimants in Massachusetts Department of

Unemployment Assistance hearings involving determination of benefits, Section

30 job training benefits, and unemployment overpayment waivers.

• Performed client intake assessment and case management for low-income

claimants in cases using LotusNotes software.

• Conducted extensive legal research for legislation on domestic worker's rights,

human trafficking and forced labor, and minimum wage increases.

• Handled FMLA claims related to the unemployment insurance claims of clients in

the Federal District Court for the District of Massachusetts.

• Pursued wage and hour violations for individual clients through demand letters,

and complaints to the Attorney General's office.

DocuSign Envelope ID; 5683DDF6-75C7-4570-8098-6165Be51813B

• Assisted in the drafting of updates to the Unemployment Advocacy Guide to be

used by advocates across the state.

Journal of Law and Policy, Brooklyn Law School, Brooklyn NY

Assistant Managing Editor and Staff Writer August 2012- May 2014

• Checked and edited citations for notes and articles submitted to the Journal.

• Supervised the editing and citation-checking of journal staff.

• Wrote a note selected for publication discussing potential free speech and state

action issues arising from the creation of privately owned public spaces under the

New York City Zoning Resolution. (22 J.L. & Pol'y 433 (2013)).

National Labor Relations Board, Region 29, Brooklyn NY

Law Clerk September 2013- December 2013

• Met with Charging Parties of unfair labor practice charges and took sworn

affidavits.

• Investigated the validity of charges filed against Unions, working with and

gathering evidence from charging employees, employers, Unions and their

counsel, and witnesses.

• Provided written reports to the regional director recommending whether or not to

file a complaint against the charged party, along with the legal and evidentiary

basis for my recommendation.

• Observed several NLRB elections.

New York City Transit Authority, Law Dept., Tort Division, Brooklyn NY

Intern May 2012-August 2012

• Composed summaries of case flies and memos to assist supervising attorney

during §50-h statutory hearings and depositions.

• Drafted numerous pre-trial documents, including bills of particulars, answers to

complaints, and responses to discovery requests.

• Worked with in-offlce investigators to locate and organize relevant evidence for

discovery purposes.

Massachusetts Superior Court, Hon. Judd Carhart, Springfield MA

Intern January 2010

• Observed and discussed criminal proceedings, focusing on voir dire, examination

and cross-examination of witnesses, and sentencing.

EDUCATION EXTRACURRICULARS

Suspension Representation Project, New York NY

Student Advocate March 2012-May 2013

National Lawyers Guild, New York NY

Legal Observer October 20)1- May 2012

Western Massachusetts Labor Action, Pittsfield MA

Volunteer Organizer December 2008- April 2009

Case records

Open case page

Docket: 2026-0003

Date Record Text Type Party PDF
April 24, 2026 K.P. v. O.v. Supreme Court case order Supreme Court PDF
March 4, 2026 Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 14 Current page Other PDF