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Maricopa County Internal Policy Number: A1513 Policy, Procedure, Standard or Title: Policy for Non-Profit Issue Date: June 18, Guideline Organization Economic 2008RESCINDED: MM-DD- Development Funding YYYY Policy Category: Initiating Department: County Revision: N/ABoard of Manager Supervisors Agenda Number: C-##-##-###-#-## Reviewed by: Approved by: Maricopa County Revision Date: N/A Board of Supervisors RESCIND REASON County Policy A1513 Policy for Non-Profit Organization Economic Development Funding was developed during a time in which the County decided it had funds for economic development. This period was short-lived with few recipients being selected and funds distributed. This policy was never formally rescinded when the program was discontinued. The Department of Finance and Assistant County Manager have reviewed and recommend rescinding as it is no longer a part of the Board’s current initiatives. Revision History Version Revision Date Description of Revision 1 6-18-2008 Initial version. 2 MM-DD-YYYY Rescind policy (C-##-##-###-#-##). Page 1 of 4 A. Purpose: The purpose of this policy is to define the process required for non-profit organizations seeking financial support for economic development. The Board of Supervisors, however, has the right to amend, revise, suspend, or eliminate this policy or portions of it, at its discretion. B. Definitions: Exceptional Circumstances: Are circumstances that the non-profit agency could not have reasonably foreseen preventing it from complying with its quarterly reporting requirement. Non-profit organizations: C. Policy: This policy covers non-profit organizations requesting general fund monies for economic development from Maricopa County. 1. The availability of grant funding for economic development will be determined each fiscal year. Receipt of grant funding in any fiscal year does not guarantee funded organizations that they will receive economic development funding in future years. Current grant recipients must notify the Contract Administrator of their interest in receiving funding in the budget year no later than April 30. Other non-profit agencies interested in receiving funding from Maricopa County must notify the County Manager of their interest no later than April 1. 2. At the discretion of the Board of Supervisors, non-profit organizations under consideration for economic development funding may be required to provide a presentation at a board meeting. Information to be presented may include a summary of past performance, if applicable, as well as a thorough description of the activities to be undertaken if grant funds are awarded. 3. All funded organizations must possess an exemption status from the Internal Revenue Services (IRS). A copy of the IRS letter of determination for exemption status must be on file with Maricopa County. 4. All funded organizations must be in good standing with the Arizona Corporation Commission. A copy of the current Corporation Commission Certificate of Good Standing, along with the annual financial filing, must be on file with Maricopa County. 5. Funded organizations will be required to have financial audits in accordance with the following schedule: a. Agencies receiving more than $100,000 in County General Funds will have an annual independent audit. b. Agencies receiving $50,000 to $100,000 in County General Funds will have an independent audit at least every two years; encompassing the entire two year period. c. Agencies receiving $1 to $49,999 in County General Funds will not generally be required to have audits; provided they are in compliance with the requirements in paragraph 4 above. (However, the Board of Supervisors reserves the right to request an audit on a case-by-case Page 2 of 4 basis if it is deemed in the best interests of the County.) Financial audits will be filed with Maricopa County upon completion, but no later than November 30 of each year. 6. Funds requested must support the direct cost of providing approved program services only. Maricopa County will not fund administrative overhead. 7. Written agreements will be required. Written agreements will contain a description of the activity to be provided and benchmarks for performance. Quarterly performance outcomes/goals and annual reporting requirements will be specified in the agreement. Generally, disbursements under the written agreements will be made in installments. Alternate payment arrangements may be authorized if it is in the best interests of Maricopa County. D. Authority and Responsibilities: The Board of Supervisors is authorized to approve financial support of up to $1,500,000 annually from the general fund for the purpose of economic development programs which are operated and maintained within the boundaries of Maricopa County for non-profit organizations pursuant to A.R.S. §11-254 and related statutes. The Board of Supervisors shall determine the appropriation of economic development activity funding during the annual budget process, and shall identify the non-profit organizations and individual grant amounts to be funded in the coming fiscal year. E. Procedures: 1. Funding Process The County Manager, on behalf of the Board of Supervisors, will select a Contract Administrator for purposes of executing written agreements for grant funding, and for monitoring and reporting performance under the agreements. Once the Board of Supervisors has determined the grant awards for economic development, the Contract Administrator will contact each non-profit organization selected for purposes of negotiating the written agreement. At this time, contractual requirements will be discussed and the activity descriptions and performance benchmarks will be determined. Written agreements will not be negotiated with any non-profit agency that has failed to meet one or more of its contractual obligations under any existing economic development agreements, until such time as the situation is resolved. The written agreements will be reviewed and approved by the County Attorney. Once approved, they will be presented to the non-profit organization for signature. Upon obtaining the appropriate signature, the written agreement will be scheduled for Board of Supervisors’ review and approval. 2. Contract Requirements The term of the written agreements will be from July 1 through June 30. Non-profit organizations will provide written reports quarterly to the Contract Administrator by the due dates listed in the written agreement. These reports must compare the results achieved against Page 3 of 4 contractual benchmarks. The quarterly reports should also provide written highlights of all activity incurred under the written agreement for the reporting period. In addition to the quarterly reports, an annual report will be submitted to the Contract Administrator, summarizing the results achieved during the contract period. Audited financial statements, if applicable, will also be filed by the contractual due date. The Contract Administrator will provide a written report to the Board of Supervisors and the County Manager quarterly after all required reports have been received from the non-profit organizations. The quarterly reports should include a comparison of actual results against contractual benchmarks, and any other information that will assist in determining the results of the economic development activities. After the end of the fiscal year, once all annual reports have been received, the Contract Administrator will provide the Board of Supervisors and the County Manager with a final report summarizing all activity for the fiscal year. (Note: this annual report may also serve to meet the requirement for the fourth quarterly report if deemed appropriate.) 3. Payment Grant awards will be disbursed in accordance with the terms of the written agreements. Grant awards of $10,000 or less may be distributed in one lump sum. Grant awards in excess of $10,000 will be distributed in three equal installments over the contract term. Non-profit organizations must submit an invoice(s) to the County at least 10 days prior to the specified distribution date to help ensure timely payment. To qualify for general fund payments under economic development, non-profit agencies must be current with all reporting requirements and other contractual obligations. Non-profit agencies that fail to meet their reporting and other contractual requirements by June 30 of the funding year will forfeit any remaining undisbursed funds under the written agreement. 4. One-time Waiver (defaulting on reporting requirement) A non-profit agency that fails to meet its quarterly reporting requirement during the contract year may request a “one-time” waiver from the Contract Administrator due to “exceptional circumstances.” The non-profit agency requesting the “one-time” waiver must do so in writing to the Contract Administrator, and the request must be received by the administrator on the reporting date’s deadline or within 7 days from the deadline date. Upon receipt of the agency’s request, the Contract Administrator has 30 days to make a written decision. This “one-time” waiver if granted by the Contract Administrator will prevent the requesting non-profit agency from defaulting on its quarterly reporting requirement. The Contract Administrator has sole discretion whether to grant or deny a non-profit agency’s request for a “one-time” waive. “Exceptional circumstances” are circumstances that the non-profit agency could not have reasonably foreseen preventing it from complying with its quarterly reporting requirement. The Contract Administrator has sole discretion in determining whether “exceptional circumstances” existed for the non-profit agency. A requesting or any other non-profit agency has no administrative or judicial recourse or appeal to any authority from the Contract Administrator’s decision to grant or deny the “one-time” waiver. All non-profit agency agree and acknowledge that the awarding of economic development monies from Maricopa County does not entitle, vest or provide any non-profit agency with any implied or explicit right or privilege to request or obtain a “one-time” waiver. Page 4 of 4