ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 16, 2006 DATE: August 21, 2006 SUBJECT: Authorize the County Manager to enter into a Memorandum of Agreement with the Industrial Development Authority ( IDA ) and Virginia Indigent Defense Commission (VAIDC) in support of the leasing of office space for the Public Defender s office in Arlington County. C. M. RECOMMENDATIONS: 1. Authorize the County Manager to sign the attached Memorandum of Understanding on behalf of the Arlington County Board outlining the disbursement and management terms and conditions among Arlington County, IDA, and VAIDC. ISSUES: None. SUMMARY: In 2004, the State authorized and funded a public defender s office for Arlington County and the City of Falls Church. In October 2004, a public defender was hired by the County to provide cost-efficient, quality defense representation for lower income citizens. Since that time, the Public Defender has been working out of temporary office space due to the difficulty in acquiring affordable space in the Courthouse area. The State is providing rent funding equal to $29.00 per square foot; however, market rents in the area exceed $33.00 per square foot. Virginia Indigent Defense Commission ( VAIDC ) working with Charles E. Smith have negotiated a lease agreement for $31.00 per square foot. VAIDC is asking the County to provide supplemental support for the rental of office space in the amount of $2.00 per square foot annually ($14,942) for a total of five years ($74,710). BACKGROUND: In 2002, the Virginia State Crime Commission released a report to the General Assembly about the quality and cost-effectiveness of Virginia s indigent defense services. The Commission reported that analyses indicated problems with attorneys failing to maintain minimal standards of quality in their representation of indigent clients. The average cost per charge in Arlington County for a court-appointed attorney was $236, 34% higher than the statewide average ($176) for Fiscal Year In 2003, Arlington County sought state legislation that would authorize a state funded Public Defender s Office in the County to provide cost-efficient, quality defense representation for lower income citizens, a critical defense service need of its indigent citizens. In January 2004, the State established a public defender office for Arlington County and the City of Falls Church. In October 2004, the public defender for Arlington/Falls Church was hired. County Manager: County Attorney: Staff: Charlotte Franklin, Arlington Economic Development

2 Before the 2004 General Assembly authorized the creation of four new public defender offices (Arlington/Falls Church, Hampton, Chesapeake, and Newport News), Arlington was the most populous jurisdiction in Virginia and the only County in Northern Virginia without a public defender. DISCUSSION: The search for permanent office space for the Public Defender s office in Arlington has been ongoing since October In the interim, the Public Defender s office has been operating out of temporary office space. Available office space in the Courthouse area is limited and building owners are charging over $33.00 per square foot for office space. Funding provided by the State for office space for VAIDC initially was only $27.00 per square foot. After lengthy negotiations with the State, the allowable rent per square foot was increased to $29.00 per square foot, still below available market rents. In the fall of 2005, at the County Manager s request, Charles E. Smith agreed to work with VAIDC to secure office space for the Arlington Public Defender s office. Charles E. Smith and VAIDC negotiated the rental of 7,471 square feet at 2300 Clarendon Boulevard, Suite 201 as permanent office space for the Arlington Public Defender. However, the negotiated rental rate was for $31.00 per square foot; $2.00 per square foot more than VAIDC has been allocated by the State. In order to secure the lease, VAIDC has asked for a contribution of $2.00 per square foot from the County for the first five years of the lease; after which time they will have funding high enough to pay the full rental rate. The Memorandum of Understanding outlines the terms and conditions of all agreements among Arlington County, IDA, and VAIDC, and will terminate September 30, FISCAL IMPACT: A rent contribution for the Office of the Public Defender is accounted for in the FY 2007 Adopted Budget ( ). There are out year costs of this Agreement in equal amount for FY 2008 FY These funds will need to be appropriated in subsequent fiscal year budgets. A chart of Arlington County s financial commitment contained in the Memorandum of Understanding is shown below. LEASE YEAR DUE DATE AMOUNT DUE Year 1 December 31, 2006 $14, Year 2 August 15, 2007 $14, Year 3 August 15, 2008 $14, Year 4 August 15, 2009 $14, Year 5 August 15, 2010 $14, TOTAL $74,

3 MEMORANDUM OF AGREEMENT AMONG COUNTY OF ARLINGTON, VIRGINIA, ARLINGTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AND VIRGINIA INDIGENT DEFENSE COMMISSION I. PARTIES This is an Agreement (the "Agreement") among the County Board of Arlington County, Virginia (the "County"), the Arlington County Industrial Development Authority ( IDA ) and the Virginia Indigent Defense Commission, (the "VAIDC ), an agency of the Commonwealth of Virginia. II. PURPOSE The purpose of the Agreement is to memorialize the County and the IDA s contribution and VAIDC s acceptance of an annual contribution during Years 1-5 of VAIDC s initial lease term of ten (10) years toward the leasing of 7,471 rentable square feet of office space located at 2300 Clarendon Boulevard, Suite 201, Arlington, Virginia for use as the Arlington County/City of Falls Church Office of the Public Defender. III. LEASE TERM The initial term of VAIDC's lease shall be ten (10) years, anticipated to begin on or about January 31, 2007 and to expire on or about January 30, IV. RENT CONTRIBUTION The County will contribute to the IDA and the IDA, subject to annual discretionary appropriation of funds to it by the County for that specific purpose, will contribute TWO DOLLARS AND NO CENTS ($2.00) per rentable square foot annually for FIVE (5) years beginning September Each annual rent contribution shall be due as follows: LEASE YEAR DUE DATE AMOUNT DUE Year 1 December 31, 2006 $14, Year 2 August 15, 2007 $14, Year 3 August 15, 2008 $14, Year 4 August 15, 2009 $14, Year 5 August 15, 2010 $14, TOTAL $74, Payment will be made to VAIDC and mailed by the due date to: Virginia Indigent Defense Commission: Attention: Fiscal Director 1604 Santa Rosa Road, Suite 109 Richmond, Virginia V. NOTICES All written notices relative to the Agreement, unless written notification is made of a change, shall be directed to: VAIDC: David J. Johnson, Executive Director - 3 -

4 Virginia Indigent Defense Commission 1604 Santa Rosa Road, Suite 109 Richmond, Virginia (804) , ext. 18 Fax: (804) Arlington County: Charlotte A. Franklin, Director Business Investment Group Arlington Economic Development County of Arlington, Virginia 1100 N. Glebe Road, Suite 1500 Arlington, Virginia (703) Fax: (703) VI. PERIOD OF AGREEMENT MODIFICATION/TERMINATION The Agreement will become effective when signed by all parties. The Agreement shall terminate on September 30, 2011, but may be amended in writing at any time by mutual consent of the parties. VII. MODIFICATION/TERMINATION VAIDC may terminate this agreement by providing ninety- (90) days' written notice to the County. Notwithstanding any other provision of the Agreement, if VAIDC shall cease to exist and is not replaced by a successor entity with similar powers and purposes, then, the Agreement and all responsibilities or obligations of the County or the IDA under the Agreement shall terminate. In such event, VAIDC will endeavor to give as much notice as is reasonably possible of the event triggering the termination of the Agreement and the anticipated termination date, but failure to give such notice shall not affect the termination. The IDA cannot expend funds unless appropriated by the Arlington County Board. The IDA s obligation hereunder is subject to appropriation of funds annually by the Arlington County Board, in its sole and absolute discretion. Therefore, notwithstanding any provision in the Agreement to the contrary, if the Arlington County Board fails to appropriate funds for the continuance of the Agreement during the designated term, the Agreement, and all obligations hereunder shall automatically terminate upon depletion of the then currently appropriated or allocated funds. In such event, the County will endeavor to give as much notice as reasonably possible of the failure to appropriate the necessary funds, but, failure to give such notice shall not affect the County s right to terminate, nor shall such failure to appropriate constitute a breach of this Agreement. All necessary changes to this Agreement will be accomplished by either an amendment to the Agreement or by entering into a new agreement, whichever is deemed expedient to the interest of both parties. SIGNATURES ON FOLLOWING PAGE - 4 -

5 IN WITNESS WHEREOF, the parties hereto have affixed their signatures and seals. COUNTY OF ARLINGTON, VIRGINIA: By: VIRGINIA INDIGENT DEFENSE COMMISSION: By: INDUSTRIAL DEVELOPMENT AUTHORITY: By: STATE OF VIRGINIA CITY/COUNTY OF, to wit: The foregoing Memorandum of Agreement was acknowledged before me this day of, 20- by acting in his/her capacity as County Manager on behalf of the County of Arlington, Virginia. My commission expires: Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF, to wit: The foregoing Memorandum of Agreement was acknowledged before me this day of, 20 by David J. Johnson acting in his capacity as Executive Director of the Virginia, Indigent Defense Commission, on behalf of the agency. My commission expires: Notary Public - 5 -