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RESOLUTION RESCINDING ADMINISTRATIVE ORDER NO. 3-15 RELATING TO THE UNIFORM MINIMUM STANDARDS FOR COUNTYWIDE APPLICATION, ASSESSMENT, MONITORING AND MANAGEMENT EVALUATION AND PERFORMANCE REVIEW OF COMMUNITY-BASED ORGANIZATIONS, ALL OTHER NON-PROFITS, AND OTHER ORGANIZATIONS PROVIDING COMMUNITY SERVICES; APPROVING IMPLEMENTING ORDER NO. 3-15 RELATING TO THE UNIFORM MINIMUM STANDARDS FOR APPLICATION, CONTRACTING, ASSESSMENT, MONITORING, ORGANIZATIONAL REVIEW, AND PERFORMANCE REVIEW OF COMMUNITY-BASED ORGANIZATIONS MONITORED BY MIAMI-DADE COUNTY THROUGH THE OFFICE OF MANAGEMENT AND BUDGET OR ITS SUCCESSOR DEPARTMENT, AND PROVIDING EXCEPTIONS TO ITS APPLICABILITY; DELEGATING AUTHORITY TO THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO ADMINISTER THE COMMUNITY-BASED ORGANIZATION PROGRAM IN ACCORDANCE WITH IMPLEMENTING ORDER NO. 3-15; SUPERSEDING RESOLUTIONS, OR PORTIONS OF RESOLUTIONS, THAT SET FORTH STANDARDS RELATING TO COMMUNITY-BASED ORGANIZATIONS MONITORED BY THE OFFICE OF MANAGEMENT AND BUDGET THAT ARE CONTRARY TO OR INCONSISTENT WITH IMPLEMENTING ORDER NO. 3-15; AND REQUIRING REPORTS

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. The matters contained in the foregoing recital and the accompanying County Mayor�s memorandum are incorporated in this resolution by reference.

Section 2. This Board rescinds Administrative Order No. 3-15 and approves Implementing Order No. 3-15, in substantially the form attached hereto as Attachment A and incorporated herein by reference, setting forth uniform minimum standards for application, contracting, assessment, monitoring, organizational review, and performance review of Community-Based Organizations (CBOs) monitored by the Office of Management and Budget (OMB), or its successor department. Implementing Order No. 3-15 shall supersede all resolutions, or any portion thereof, that sets forth standards relating to CBOs monitored by OMB, including but not limited to Resolution Nos. R-630-13, R-700-13, and R-142-15. Where there is a conflict between Implementing Order No. 3-15 and any prior resolutions, or any portion thereof, adopted by this Board, Implementing Order No. 3-15 shall prevail.

Section 3. This Board delegates to the County Mayor or the County Mayor�s designee the authority to exercise any and all rights conferred in Implementing Order No. 3-15 and to take all necessary actions to effectuate the purposes and goals contained therein.

Section 4. This Board directs the County Mayor or the County Mayor�s designee to report back to this Board in accordance with Implementing Order No. 3-15. The County Mayor or County Mayor�s designee shall place the completed report on an agenda of this Board pursuant to Ordinance No. 14-65.

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Date:

To: Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Rescinding Administrative Order No. 3-15 and Approving Implementing Order No. 3-15
Relating to the Uniform Minimum Standards for Application, Contracting, Assessment, Monitoring,
Organizational Review, and Performance Review of Community-Based Organizations Monitored
by the Office of Management and Budget or its Successor Department

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution rescinding Administrative Order No. 3-15 and establishing Implementing Order No. 3-15 (included as Attachment A to the resolution) to set standards for contracting with, evaluating, and monitoring community-based organizations (CBOs) monitored by the Office of Management and Budget (OMB) or its successor department. This action would clarify and consolidate legislation that has been adopted by the Board over the years relating to CBOs, taking into account improvements and efficiencies to the CBO process that have been identified by OMB. It is further recommended that the Board delegate to the County Mayor or the County Mayor�s designee the authority to exercise any and all rights conferred in Implementing Order No. 3-15 and to take all necessary actions to effectuate the purposes and goals contained therein. Finally, it is recommended that the Board direct the County Mayor or the County Mayor�s designee to report back to this Board as set forth in Implementing Order No. 3-15.

Scope
The impact of these proposed changes is countywide.

Fiscal Impact
There is no fiscal impact as a result of adopting the attached resolution and Implementing Order No. 3-15. Implementing Order No. 3-15 is intended to streamline the contracting process, evaluation, and monitoring of CBOs, which will lead to administrative efficiencies and the maximization of County funds provided to CBOs.

Monitoring
OMB will be responsible for implementing the policies outlined in Implementing Order No. 3-15 and for establishing any related forms, procedures, manuals and guidelines. Jennifer Moon, OMB Director, and her designee will be responsible for reviewing, contracting, and monitoring all CBO funding governed by this Implementing Order. The Director and the Director�s designee will also have the authority to exercise the rights contained in the respective CBO contracts, including, but not limited to, termination, modification, amendment, and suspension of payment, as a result of instances of non-compliance. These guidelines and procedures do not apply to other County departments, agencies, trusts, or County Commission district offices contracting with non-profits or organizations providing community services on behalf of the County or using County funds, but may be utilized, in whole or in part, by such departments or district offices, at their discretion.

Background
Over the past several years, there have been many discussions regarding the contracting and monitoring process for CBOs. The Board has been supportive of the administration�s efforts to ensure a fair, competitive solicitation process and reviews based on an organization�s performance. As a first step in preparing for the next competitive solicitation, alternative grant award process or continuation funding, as determined by the Board, and as part of my administration�s continuing focus on creating a more efficient government, staff identified changes to Administrative Order No. 3-15 that would streamline the process by which OMB and other County departments evaluate proposals and applications for CBO funding, contract with CBOs, and review organizational performance as governed by their respective contracts. These changes are reflected in Implementing Order No. 3-15 and clarify and consolidate legislative directives from the Board that have been adopted since Administrative Order No. 3-15 was last updated in 2006. The changes outlined in Implementing Order No. 3-15 would be immediately applicable and will be the basis for any future solicitations or grant award process, if the Board desires to direct such action, or continuation funding. It is important to note that Implementing Order No. 3-15 will supersede all previous legislation, or portions thereof, relating to CBOs monitored by OMB, including, but not limited to, the pieces of legislation mentioned below.

Due Diligence:
On July 16, 2013, the Board adopted Resolution No. R-630-13, which requires due diligence reviews to be conducted by OMB on CBOs. Such review requires agencies to submit detailed project budgets and affidavits attesting to certain statements. Additionally, the resolution requires the County Mayor or the County Mayor�s designee to check all the sources listed on Exhibit 1 of the resolution. However, the County Mayor or the County Mayor�s designee is not required to recommend against funding or contracting with any agency based on the matters disclosed under Resolution No. R-630-13. Implementing Order No. 3-15 would supersede the requirements specifically applicable to CBOs and their funding as outlined in Resolution No. R-630-13. The proposed due diligence review (referred to in the Implementing Order as an organizational review) identifies an updated list of online resources and databases specific to CBOs, gives OMB the authority to check additional sources, and clarifies that the review should be conducted at the time a CBO is first being considered for funding and on currently funded CBOs as needed. Implementing Order No. 3-15 will still require a detailed project budget and, in addition, authorizes the OMB Director to either withhold payment or elect not to fund an organization based on certain findings listed in the �Organizational Reviews� section of the Implementing Order. The findings of the due diligence review will be reported to the Board as appropriate or at least annually.

Report Card:
On February 3, 2015, the Board adopted Resolution No. R-142-15, which directed the County Mayor or the County Mayor�s designee to create a Report Card for all CBOs as a mechanism to report the Board on the progress, success, and status of a funded CBO. Report Cards are required to be transmitted to the Board every six months and to be included as attachments as part of any legislative item that will consider taking action related to a particular CBO.

Due to the administrative burden associated with monitoring over 130 funded CBOs with more than 200 distinct programs, OMB staff has been unable to comply with the six-month reporting requirements of Resolution No. R-142-15. Therefore, it is recommended that the reporting requirement period be amended from every six months to annually. Implementing Order No. 3-15 would supersede the requirements listed in Resolution No. R-142-15, but the implementing order includes a very similar process that would still monitor the successes of our funded CBOs. OMB will conduct a �Performance Review� for CBOs, as outlined in Implementing Order No. 3-15, at least annually during the period in which the CBO is under contract with the County. OMB will then create a Report Card based on the findings of the Performance Review. Implementing Order No. 3-15 further provides that, in accordance with Ordinance No. 14-65, OMB will transmit a Report Card to the Board at least annually with a green, yellow, or red rating for each organization. The Report Card will include information based on program deliverables and achievements and contract compliance.


Administrative Expenses:
On September 4, 2013, the Board adopted Resolution No. R-700-13, which established that �no more than 25% of a Community Based Organization�s administrative budget � may be paid from Miami-Dade County General Funds unless this requirement is waived by a majority vote of the Board of County Commissioners.� During the December 18, 2014, meeting of the Board, a motion was made to delay enforcement and implementation of the 25% cap on the amount a CBO may receive from County funds for its administrative budget until after the completion of a new competitive process for award of CBO grants.

Implementing Order No. 3-15 would supersede this Board policy and establish that caps on administrative expenses be set administratively by OMB in the contracts that are executed with each CBO. Administrative costs would be set to not exceed a certain percent of each program allocation. Currently, contracts for FY 2018-19 funding have the cap set at 15%. This would be different than the policy outlined in Resolution No. R-700-13 because the caps would be program specific and not based on the CBOs overall administrative budget.

In addition to the matters outlines above, the following proposed improvements are included in Implementing Order No. 3-15:

� Clarifies the preferred and minimum financial documents required for a CBO to submit to the County prior to them being considered for funding;
� Delegates to the Director of OMB or the Director�s designee the authority to exercise the rights contained in the CBO contract, including the authority to terminate, modify, amend or elect not to renew a CBO contract, or to suspend payment, based on the Organizational Review, the Performance Review, or other relevant information;
� Clarifies that Implementing Order No. 3-15 applies to CBOs that are monitored by OMB but allows other County departments or County Commission district offices, in their discretion, to also utilize the requirements in whole or in part;
� Provides for use of a standard CBO contract shell, consistent with that previously approved by the Board in Resolution No. R-59-16, as may be amended by the Director of OMB or the Director�s designee to reflect new County policies or needs, subject to annual approval for form and legal sufficiency by the County Attorney�s Office; and
� Updates department names and titles.

The proposed Implementing Order No. 3-15 is included as Attachment A to the resolution. Going forward, OMB will continue to provide outreach and technical support to CBOs throughout the application and monitoring process and will ensure that all requirements, both new and existing, are clearly communicated to CBOs.




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Edward Marquez
Deputy Mayor

Mayor01519