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Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 14
- Document type
- Other
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- imported
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- Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 14
- Date
- March 4, 2026
Serving Councilors
Linked by service date; this is not an individual vote unless the official source says so.
- Joseph Kenney District 1 Serving councilor
- Karen Liot Hill District 2 Serving councilor
- Janet L. Stevens District 3 Serving councilor
- John Stephen District 4 Serving councilor
- David K. Wheeler District 5 Serving councilor
- Meeting Date
- 2026-03-04
- Attachment Kind Label
- Agenda item PDF
- Attachment Relation
- cross_meeting_reference
- Agenda Numbers
- 14
- Agency Names
- Department Of Transportation
- Parent Meeting Title
- Governor and Executive Council meeting - 2026-03-04
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
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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
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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
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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—"
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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 ^
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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
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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 -
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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
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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
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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.
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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
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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 pageDocket: 2026-0003
| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| April 24, 2026 | K.P. v. O.v. | Supreme Court case order | Supreme Court | |
| March 4, 2026 | Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 14 Current page | Other |