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Pursuing Capital Outlay Funding by Non-profit Organizations at the 2019 New Mexico Legislative Session

Join us for a presentation on the pursuit of capital outlay funding by non-profit organizations from the New Mexico State Legislature. Learn about the steps involved, legislative process, and document overview. Presented by Bernalillo County.

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Pursuing Capital Outlay Funding by Non-profit Organizations at the 2019 New Mexico Legislative Session

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  1. 2018 PRESENTATIONPursuing State of NM Capital Outlay Funding by Non-profit Organizations at the 2019 New Mexico Legislative SessionJuly 2018 Hosted by: Bernalillo County

  2. CAPITAL OUTLAY WORKSHOP • The pursuit of capital outlay funding by non profit organizations from the New Mexico State Legislature involves a local governmental agency serving as the fiscal agent. Several preparation and coordination steps for this to occur will be discussed in this presentation. Content of Presentation • Terms, Definitions and Acronyms • Requesting Capital Outlay Funding Overview • Who We Are • Why We Do Things This Way • Things to Know and Consider, Before Getting Started • Legislative Process, PRE through POST • Delivery of the Project • Document Overview • Points of Contact

  3. Terms • Grant – Legislative Appropriation by the State of New Mexico • Grantee – The State Agency or Local Public Body accepting funds from a specific appropriation or Grant • Fiscal Agent – County representation of a non-profit organization, engaged in a program or project related to the organization’s mission, for the purpose of receiving grant funds on behalf of the organization who is not otherwise eligible • Notice of Obligation- an instrument used to as an obligation to reimburse the Grantee • Anti-Donation – Article IX of the NM Constitution prohibits the County from lending or pledging its credit or making any donation to or in aid of any person, association or public or private corporation

  4. Definitions and Acronyms Definitions: • Purchase – procurement of items of tangible personal property, services or construction • Lease – Disposition of real property Acronyms: • BC - Bernalillo County • BCC - Board of County Commissioners • NPO - Non-Profit Organization • ICIP - Infrastructure Capital Improvement Plan • CIP - Capital Improvement Program • DFA - Department of Finance Administration (State of NM) • LGD - Local Government Division (Within DFA, State of NM) • SBOF - State Board of Finance • STB - Severance Tax Bonds

  5. REQUESTING CAPITAL OUTLAY FUNDING • BC annually requests Capital Outlay funding from the State of New Mexico • Capital Outlay is used for projects like facilities, roads, drainage, and utilities • Capital Outlay may be used to acquire assets such as real property, equipment, vehicles • BCC annually approves BC priorities and Capital Outlay funding requests • NPOs may become involved in the process by working with their elected officials • NPOs may seek funding for projects that are consistent with BC priorities • Capital Project funding is identified in BC’s adopted CIP • Prior to legislative session legislators are identified as potential sponsors of specific Capital Outlay funding requests • State of New Mexico cannot grant funding directly to NPOs • Capital Outlay funding to NPOs are administered by a local government • Capital Outlay for use by NPOs is contained within Administrative Resolution 2016-31

  6. WHO WE ARE • Julie Morgas Baca, County Manager • Clay Campbell, Chief of staff to the County Manager • Bernalillo County CIP & ICIP Liaison • Amanda Colburn, Special Projects Coordinator • Bernalillo County Capital Outlay Liaison to Non-Profits • Jolene Slowen, Chief of Community Development Bureau DFA/LGD, State of New Mexico • Maria Urban, Project Manager, Community Development Bureau DFA/LGD, State of new Mexico

  7. WHY WE DO THINGS THIS WAY! • BC maintains a Strategic Plan with a mission of being an effective steward of county resources and a partner in building a high quality of life for county residents, communities and businesses. • BCC approves ICIP by the last BCC Administrative Meeting in August each year. • County holds Internal review of NPO requests each summer • Accepted NPO requests will be added to the ICIP • State of NM requires County to submit its ICIP by September of each year. • Per State regulations, no additional projects can be added to the ICIP after the deadline • A project is supposed to be identified in an ICIP in order to be eligible for Capital Outlay funding

  8. things to know and consider before you start • The State “GRANTS” Capital Outlay funds to the County. The County is always the “GRANTEE”, NOT a “Fiscal Agent” to the State. • Per the State, any purchase using Capital Outlay funds cannot be ownedby the NPO; the capital improvement must be ownedby the County. • Per the State, Capital Outlay funds cannot be “Passed Through” the County to a NPO.

  9. things to know and consider before you start When the STATE “grants” to County, the County must: • Follow all laws in the Expenditure of the grant funds • Report monthly and at year-end on the grant activity • Fund the Grant Amount from County Budget • Request State to approve a notice of obligation • Request Reimbursement for the Grant amount expended • Purchase, own, lease, and dispose of the capital items following all applicable State and County laws • Provide staff to manage Capital Outlay grant and project

  10. Things to know and consider before you start • State will not reimburse the expenditures, If: • the County or NPO Expends dollars on the project before receiving State approval in the form of a notice of obligation; and • County expenditures do not meet State financial regulations and/or appropriation language. • NPOs identified as recipients of a legislative appropriation prompts review by State Attorney General’s Office and DFA Legal staff, To: • Ensure Anti-Donation conditions set by the State are met by the County and NPO; and • Ensure the Legislative Appropriation processes of Capital Outlay funds are being met.

  11. PRE-LEGISLATIVE SESSION • NPO contacts their County Commissioner, State Representative, and State Senator to gain interest and support to fund a specific Project well before the County passes its ICIP Administrative Resolution. • TIMEFRAME: Summer 2018 in preparation for the 2019 winter Legislative Session. • NPO completes the CAPITAL OUTLAY REQUEST APPLICATIONto Bernalillo County and submits by the deadline. DEADLINE: July 16, 2018 by 5:00pm MST • County Management reviews the Application to determine if a Strategic County Goal is met and examines the feasibility of the proposed Project. The County Manager denies or approves the request. If approved, project is included in the County’s ICIP.TIMEFRAME: Summer 2018 before the 2019 Legislative Session. • Bernalillo County meets with its lobbyists to discuss its internal Capital Outlay priorities and to make them aware of the funding requests that Bernalillo County will pursue. TIMEFRAME: October/November 2018 • The Board of County Commissioners will adopt an Administrative Resolution outlining the County’s Capital Outlay priorities. TIMEFRAME: November 2018 • The NPO completes the State of NM/Legislative Council Service Capital Outlay Request Form. The NPO is responsive for COMPLETING, OBTAINING SIGNTURES AND SUBMITTING the Form per the State requirements. TIMEFRAME: December 2018/January 2019

  12. LEGISLATIVE SESSION • The State of New Mexico 55th Legislative Session will conduct its 60 day session. TIMEFRAME: January 2019– March 2019 NPO takes it from here! County does not Lobby on behalf of the NPO! Approach Legislative Representative(s) to Sponsor Capital Outlay Request Fate of Capital Outlay Request is determined by State Legislature. Does it move forward into the Capital Appropriation Bill and onto the Governor’s Desk for Signature? • There is a Deadline for the Governor to sign Legislation including Line Item Vetoes! Capital Outlay Legislation is not FINAL until signed by the Governor. If Governor Signs Bill and Does Not Veto, You Just Got Capital Outlay!!!

  13. POST-LEGISLATIVE SESSION • State determines the timing of STB sale to generate proceeds for Capital Outlay appropriations. County completes required State Questionnaire, in conjunction with the NPO, to get STB sold. TIMEFRAME: April – Summer 2019 State sets the ‘conditions’ to be met by the County prior to receiving the formal Capital Outlay Appropriation. County and NPO Must Complete an Agreement to be approved by State identifying: HOW NPO will providing “Fair Market Value” for the use/lease of the Capital asset; HOW “Fair Market Value” was derived; and How NPO will report to County on consideration. • Once conditions are met, a Grant Agreement between the County and State is approved. TIMEFRAME: Generally within eight (8) months after Capital Outlay Bill is signed by the Governor Bernalillo County will charge the nonprofit a 3% overhead/administrative fee that CANNOTbe paid with the grant appropriation.

  14. HOW IS THE PROJECT DELIVERED? • State requires a new Third Party Agreement or an amendment to the existing Services Agreement between the County and the NPO County identifies how NPOmeets or exceeds the value of the Capital Outlay amount NPO must provide services at a value which will meet both the Capital Outlay Grant requirements and the “Services in Lieu of Rent Agreement” Requirements. • Meet with County Project Manager to identify project timeline and plan Capital Asset purchase in accordance with the language of the appropriation and approved by the State DFA/LGD. Once purchase is complete, asset(s) become part of County inventory. The NPO must have proper insurance to accept delivery of the Capital asset. County requests reimbursement from State and begins monitoring NPO. County reports project activity to DFA.

  15. DOCUMENT OVERVIEW Pulling it all together! • AR 2016-31 • Strategic Plan • County Outlay Request Form • ICIP • Third Party Agreement • Grant Agreement between the County and State of New Mexico

  16. CONTACTS Amanda Colburn Community Services Division acolburn@bernco.gov 505-468-7237 OR Clay Campbell County Manager’s Office ccampbell@bernco.gov 505-468-7309

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