Narrative of Resolution:
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TO AUTHORIZE THE COUNTY MANAGER TO ENTER INTO A CONTRACT AMENDMENT WITH THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES; ENTER INTO MODIFICATION AGREEMENTS WITH THE SULLIVAN LEGAL AID PANEL, INC. AND SULLIVAN COUNTY CONFLICT LEGAL AID, INC; AND AUTHORIZE THE ADMINISTRATOR TO APPROVE PAYMENTS ASSOCIATED WITH PROGRAMS UNDER THE THIRD FAMILY DEFENSE (CHILD WELFARE) QUALITY IMPROVEMENT AND CASELOAD REDUCTION GRANT
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RESOLUTION NO. INTRODUCED BY THE EXECUTIVE COMMITTEE TO AUTHORIZE THE COUNTY MANAGER TO ENTER INTO A CONTRACT AMENDMENT WITH THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES; ENTER INTO MODIFICATION AGREEMENTS WITH THE SULLIVAN LEGAL AID PANEL, INC. AND SULLIVAN COUNTY CONFLICT LEGAL AID, INC; AND AUTHORIZE THE ADMINISTRATOR TO APPROVE PAYMENTS ASSOCIATED WITH PROGRAMS UNDER THE THIRD FAMILY DEFENSE (CHILD WELFARE) QUALITY IMPROVEMENT AND CASELOAD REDUCTION GRANT
WHEREAS, Resolution No. 528-23, as amended by Resolution No. 613-24, authorized the County Manager to enter into a three-year agreement with the New York State Office of Indigent Legal Services (“NYSOILS”) to accept funding in the amount of $500,000.00 over a three-year period commencing on January 1, 2024 through December 31, 2026, known as the Third Family Defense (Child Welfare) Quality Improvement and Caseload Reduction grant (“Contract No. C3RDFD48; and
WHEREAS, NYSOILS has offered an additional $250,000.00 in funding under Contract No. C3RDFD48 over three years to develop new, innovative programs and/or practices to improve the quality of representation provided to parents accused of child maltreatment and other qualifying Family Court Proceedings who cannot afford to retain counsel; and
WHEREAS, NYSOILS and the County, in conjunction with the institutional mandated legal services providers (Sullivan Legal Aid Panel Inc. and Sullivan County Conflict Legal Aid, Inc.) have negotiated an amendment to Contract No. C3RDFD48 to incorporate the additional funding to enhance services implemented under Contract No.C3RDFD48 and new services to be implemented with the additional funding pursuant to the Contract No. C3RDFD48 as amended; and
WHEREAS, Amended Contract No. C3RDFD48 includes a B-1 attachment that sets forth the full contract amount totaling $750,000.00 over the course of the three years of the Agreement as follows: Year 1, $166,668.00; Year 2, $166,666.00; and Year 3, $416,666.00 with the understanding that some of the budget line items are cumulative, meaning that if the funding is not spent in prior years of the Agreement, the monies can be spent for allowable expenses in the other years of the Agreement; and
WHEREAS, Amended Contract No.C3RDFD48 also provides funding to be used by 18B Attorneys for specialized and evaluative services in Family Court matters; CLE trainings and technology needs of the department; and
WHEREAS, the Administrator of Assigned Counsel is in the unique position of determining the reasonableness of the program(s) and/or service(s) requested by the 18B Attorneys assigned to Family Court matters; and
WHEREAS, Amended Contract No. C3RDFD48 also contains a C attachment that comprises the workplan which dictates how the money may be spent; and
WHEREAS, in order to receive the funding, the County must accept the award and enter into an agreement with NYSOILS to administer the funding; and
WHEREAS, in order to provide the additional funding to the Sullivan Legal Aid Panel, Inc. (“Legal Aid Panel”) and the Sullivan County Conflict Legal Aid, Inc. (“Conflict Legal Aid”) it is necessary to modify their respective contracts.
NOW, THEREFORE BE IT RESOLVED, that the Sullivan County Legislature hereby authorizes the County Manager to execute any and all documentation necessary to accept the award and enter into an amended agreement under the Third Family Defense (Child Welfare) Quality Improvement and Caseload Reduction grant with NYSOILS effective March 1, 2024 through February 28, 2027 for a total amount of $750,000.00, said documents to be in a form approved by the County Attorney; and
BE IT FURTHERED RESOLVED, that the County Manager is hereby authorized to execute modification agreements with the Legal Aid Panel for an amount not to exceed $188,333.00 in year 3 of the agreement and Conflict Legal Aid for an amount not to exceed $170,333.00 in year 3 of the agreement, said modification agreements to be in a form approved by the County Attorney; and
BE IT FURTHER RESOLVED, that the Administrator of Assigned Counsel hereby authorized to review and approve any requests by 18B attorneys assigned to a Family Court matter that fall within the definition of “Specialized Services” or “CLEs/Trainings/Convenings”; and
BE IT FURTHER RESOLVED, that the Administrator of Assigned Counsel is hereby authorized to approve expenses for any of the above referenced budget line expenses in accordance with B-1 and C attachments to Amended Contract No. C3RDFD48
BE IT FURTHER RESOLVED, that should the NYSOILS funding be terminated, the County shall not be obligated to continue any action undertaken by the use of this funding.