Narrative of Resolution:
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To Authorize Contracts in connection with the Second Statewide Expansion of the Hurrell-Harring.
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If Resolution requires expenditure of County Funds, provide the following information:
Amount to be authorized by Resolution: $5,501,582.46
Are funds already budgeted? No
Specify Compliance with Procurement Procedures:
Grant funded
RESOLUTION INTRODUCED BY THE EXECUTIVE COMMITTEE TO AUTHORIZE THE COUNTY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS 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 CAFA PANEL ATTORNEYS TO AUTHORIZE PAYMENTS AND PERSONNEL CHANGES IN ACCORDANCE WITH THE SECOND STATEWIDE EXPANSION OF HURRELL-HARRING SETTLEMENT AGREEMENT REFORMS
WHEREAS, the County and the State of New York Office of Indigent Legal Services (hereinafter “NYSOILS” or “State”) were parties to a five-year agreement, which was extended for a sixth year, to implement and fund improvements to mandated criminal defense representation in accordance with the Statewide Expansion of the Hurrell-Harring Settlement Agreement Reforms, Contract Number CSTWIDEHH45 for the contract term from April 1, 2018 through March 31, 2024; and
WHEREAS, Contract Number CSTWIDEHH45 expired on March 31, 2024 and the County, in conjunction with the NYSOILS and institutional mandated legal services providers (Sullivan Legal Aid Panel Inc. and Sullivan County Conflict Legal Aid, Inc.) have negotiated a new agreement to continue to fund programs implemented under Contract No. CSTWIDEHH45 and implement new programs to improve mandated criminal defense representation under a new three-year contract, entitled the Second Statewide Expansion of Hurrell-Harring Settlement Agreement Reforms, Contract No. CSTWIDE245 (hereinafter “Contract No. CSTWIDE245” or “Agreement”) for the period from April 1, 2024 through March 31, 2027 for total of $5,501.582.46 over the three-year term; and
WHEREAS, Contract No. CSTWIDE245 includes a B-1 attachment that sets forth the full contract amount totaling $5,501,582.46 over the course of the three years of the Agreement as follows: Year 1, $1,804,044.71; Year 2, $1,833,927.28; and Year 3, $1,863,610.47 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, Contract No. CSTWIDE245 also contains a C attachment that comprises the workplan which dictates how the money may be spent; and
WHEREAS, the County Manager received a letter from Burton Phillips, Counsel for NYSOILS confirming that regardless of the date that the Agreement is fully executed, the term of the agreement will be effective as of April 1, 2024, and any expenditures that the County has incurred in accordance with the terms the Agreement on or after April 1, 2024 will be fully reimbursable by NYSOILS; and
WHEREAS, Contract No. CSTWIDE245 includes funding for the Salary and Benefits for the Full-time Administrator of Assigned Counsel which includes additional monies to cover mandated Data Officer duties; a travel stipend to offset costs for 18b attorneys and funding to support the Counsel At First Appears Program (hereinafter “CAFA”) comprised of a qualified panel of attorneys (hereinafter “CAFA Panel”) to ensure representation at all arraignments within Sullivan County; and
WHEREAS, the Sullivan Legal Aid Panel and the Sullivan County Conflict Legal Aid continues to incur expenses associated with the implementation of the Statewide Expansion of the Hurrell- Harring Settlement reforms and the positions created under Contract No. CSTWIDEHH45 and require modification agreements to authorize reimbursements under the Second Statewide Expansion of Hurrell-Harring Settlement Reform funding, Contract No. CSTWIDE245, effective April 1, 2024; and
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 a three (3) year agreement with NYSOILS effective April 1, 2024 through March 31, 2027 for a total amount of 5,501,582.46, 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 $3,562,987.76 (an average of $1,187,662.59 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 $725,033.46 (an average of $241,677.82 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 $119,378.00 effective April 1, 2024, said salary shall include the additional stipend for Data Officer duties previously received by said Administrator; and
BE IT FURTHER RESOLVED, that the Sullivan County Legislature hereby authorizes a stipend of $150.00 per criminal case for travel expenses to each 18B Attorney for Assigned Counsel effective April 1, 2024 throughout the term of this Agreement; and
BE IT FURTHER RESOLVED, that the Sullivan County Legislature hereby authorizes the County Manager to execute modification agreements to current CAFA Panel attorneys and new agreements with new qualified attorneys to be “primary on-call” and “back up” for a second week to provide legal services for persons arrested for a crime at their first appearance/arraignment for an increased cost of $3,250.00 for two-week period in accordance with the terms of the Agreement, aid increase to be effective July 1, 2024; and
BE IT FURTHER RESOLVED, that the CAFA Stipend previously authorized to be paid to the Administrator of Assigned Counsel for her participation on the CAFA Panel by Resolutions No. 426-22 and 99-23 is hereby increased to $3,250.00 effective July 1, 2024; and
BE IT FURTHER RESOLVED, Administrator of Assigned Counsel may authorize the full stipend to be paid to an attorney who is only available to provide one week of primary coverage or may authorize the stipend to be divided amongst multiple attorneys who provide primary coverage on an emergency basis; 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 undertake by the use of this funding.
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