Narrative of Resolution:
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Advance funding to the Sullivan Legal Aid Panel, Inc.
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If Resolution requires expenditure of County Funds, provide the following information:
Amount to be authorized by Resolution: $127,649.29
Are funds already budgeted? Choose an item.
Specify Compliance with Procurement Procedures:
RESOLUTION NO. INTRODUCED BY THE EXECUTIVE COMMITTEE TO AUTHORIZE THE COUNTY TO ADVANCE FUNDING TO THE SULLIVAN LEGAL AID PANEL, INC. FOR THE PURCHASE OF TECHNOLOGICAL UPGRADES AND OFFICE EQUIPMENT AND FURNITURE PURSUANT TO THE FUNDING RECEIVED FROM THE NEW YORK STATE OFFICE OF INDIGENT SERVICES IN ACCORDANCE WITH THE IMPLEMENTATION OF THE HURREL-HARRING SETTLEMENT AGREEMENT REFORMS
WHEREAS, the County and the State of New York Office of Indigent Legal Services (hereinafter “NYSOILS” or “State”) are parties to a five-year agreement 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 (hereinafter “Agreement” or “Contact No. CSTWIDEHH45”) for the contract term from April 1, 2018 through March 31, 2023; and
WHEREAS, the fully executed contract includes a B-1 attachment that sets forth the full contract amount totaling $4,840,039.35 over the course of the five years of the Agreement as follows: Year 1, $322,669.29; Year 2, $645,338.58; Year 3, $968,007.87; Year 4, $1,290,677.16; and Year 5, $1,613,346.45; and
WHEREAS, although the term of the contract anticipated a commencement date of April 1, 2018, the contract was not approved until well into the grant term; and
WHEREAS, the Agreement was extended for one year to allow for the distribution of unspent funding through March 31, 2024; and
WHEREAS, the Sullivan Legal Aid Panel, Inc. is a recipient of a portion of the funding under the Agreement; and
WHEREAS, the funding designated to the Sullivan Legal Aid Panel, Inc. under the Agreement is designated line by line in the budget attached to the Agreement; and
WHEREAS, the Sullivan Legal Aid Panel, Inc. has significant funding remaining in the budget line designated for non-attorney professionals entitled “Social Workers/Interpreters/Mitigation Specialists/Investigators/Other Expert Services/Transcription Svcs.” and the State is willing to amend the budget to allow the Sullivan Legal Aid Panel to purchase technological upgrades; office equipment; and furniture; and
WHEREAS, the State has indicated that the purchase of these technological upgrades; office equipment; and furniture is an appropriate use of the grant funds; and
WHEREAS, the Sullivan Legal Aid Panel, Inc. has obtained quotes for the cost to purchase the technological upgrades; office equipment; and furniture totaling ONE HUNDRED TWENTY-SEVEN THOUSAND SIX HUNDRED FORTY-NINE DOLLARS AND TWNETY-NINE CENTS ($127,649.29); and
WHEREAS, in order to receive reimbursement, these funds must be expended on or before March 31, 2024; and
WHEREAS, the Sullivan Legal Aid Panel, Inc. cannot afford to purchase the equipment in such a short time frame and wait for reimbursement, and
WHEREAS, the County together with Sullivan Legal Aid Panel, Inc. has submitted a proposal, including quotes, to the State for a modification of the CSTWIDEHH45 budget to allow for the above referenced purchases.
NOW THEREFORE BE IT RESOLVED, that the Sullivan County Legislature hereby agrees to advance funding to the Sullivan Legal Aid Panel, Inc. for the purchase of necessary technological upgrades; office equipment; and furniture totaling $127,649.29 in accordance with the quotes submitted with the proposal once the State of New York Office of Indigent Legal Services advises the County that the budget contained in Contract No. CSTWIDEHH45 has been modified to allow for the aforementioned purchases; and
BE IT FURTHER RESOLVED, that should the New York State Office of Indigent Legal Services fail to approve the aforementioned budget modification, the County shall have no further obligation to advance theses funds.
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