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 and modification agreements with Sullivan Legal Aid Panel, Inc.; Sullivan County Conflict Legal Aid, Inc.; and personnel changes in accordance with the second Statewide Expansion of Hurrell-Harring settlement agreement reforms
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endRESOLUTION NO. INTRODUCED BY THE MANAGEMENT AND BUDGET COMMITTEE TO AUTHORIZE THE COUNTY MANAGER TO ENTER INTO A CONTRACT AMENDMENT WITH THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES AND MODIFICATION AGREEMENTS WITH SULLIVAN LEGAL AID PANEL, INC.; SULLIVAN COUNTY CONFLICT LEGAL AID, INC.; AND PERSONNEL CHANGES IN ACCORDANCE WITH THE SECOND STATEWIDE EXPANSION OF HURRELL-HARRING SETTLEMENT AGREEMENT REFORMS
WHEREAS, Resolution No. 321-24 authorized the County Manager to enter into a three-year agreement with the State of New York Office of Indigent Legal Services (hereinafter “NYSOILS” or “State”) to accept funding in the amount of $5,501,582.46 over a three (3) year period commencing on April 1, 2024 through March 31, 2027, known as the Second Statewide Expansion of Hurrell-Harring Settlement Agreement Reforms (hereinafter “Contract No. CSTWIDE245”); and
WHEREAS, The State has offered an additional $330,094.95 in funding under Contract Number CSTWIDE245 over three years to support the implementation of and address improvements to mandated criminal defense representation; and
WHEREAS, the 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. CSTWIDE245 to incorporate the additional funding to enhance services implemented under Contract No. CSTWIDEHH45 and new services already implemented pursuant to Contract No. CSTWIDE245; and
WHEREAS, Amended Contract No. CSTWIDE245 includes a B-1 attachment that sets forth the full contract amount totaling $5,831,667.41 over the course of the three years of the Agreement as follows: Year 1, $1,804,044.71; Year 2, $2,023,943.28; and Year 3, $2,003,689.42 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. CSTWIDE245 also contains a C attachment that comprises the workplan which dictates how the money may be spent; and
WHEREAS, the Sullivan Legal Aid Panel and the Sullivan County Conflict Legal Aid continue to incur expenses associated with the implementation of the Statewide Expansion of the Hurrell- Harring Settlement reforms and the positions created and funded under Contract No. CSTWIDE245 and require modification agreements to authorize additional reimbursements for the additional funding under the Amended Contract No. CSTWIDE245, effective April 1, 2024.
NOW, THEREFORE BE IT RESOLVED, that the County Manager is hereby authorized to execute any and all documents necessary to accept the award and enter into an Amended agreement under the Second Statewide Expansion of Hurrell-Harring Settlement Agreement Reforms with NYSOILS effective April 1, 2024 through March 31, 2027 for a total amount of 5,831,667.41, said documents to be in a form approved by the County Attorney; and
BE IT FURTHER RESOLVED, that the County Manager is hereby authorized to execute a Modification Agreement with the Sullivan Legal Aid Panel, Inc. for the period from April 1, 2024 through March 31, 2027 for a total amount over the three-years of agreement not to exceed $3,634,987.76 (an average of $1,211,662.59 per year) for services provided in accordance with the B-1 and C attachments to Contract No. CSTWIDE245; and
BE IT FURTHER RESOLVED, that the County Manager is hereby authorized to execute a Modification Agreement with the Sullivan County Conflict Legal Aid, Inc. for the period from April 1, 2024 through March 31, 2027 for a total amount over the three-years of the agreement not to exceed $797,033.46 (an average of $265,677.82 per year) for services provided in accordance with the B-1 and C attachments to Contract No. CSTWIDE245; and
BE IT FURTHER RESOLVED, the Sullivan County Legislature sets the salary of the Administrator of Assigned Counsel at $146,509.00 effective April 1, 2025; and
BE IT FURTHER RESOLVED, all contracts and modification agreements authorized by this Resolution must be in a form approved by the County Attorney; and
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.