Loading...
HomeMy WebLinkAboutContract • CAG-09-164 RENTON COMMUNITY Foundation DESIGNATED FUND AGREEMENT THIS AGREEMENT is made as of the first day of September, 2009, in Renton, Washington, between the City of.Renton, Renton Senior Activity Center, Community Services Department ("Donors") and the Renton Community Foundation ("Foundation"), established under the nonprofit corporation laws of the'State of Washington, with its principal office located'at 3000'NE`Fourth Street., Renton, WA, 98056. WHEREAS, the parties to this Agreement have a common interest in the welfare of the greater Renton area community; and WHEREAS, the-Foundation has been established with the principal purpose to. receive and administer fundsas endowments for various charitable, education, scientific, literary, artistic, religious, and civic purposes which will benefit various organizations within the greater Renton community; and WHEREAS, a desire has been expressed by the donor to establish a fund in the Foundation to benefit Renton Senior Activity Center programs. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Establishment of Fund. A fund shall be established on the books of foundation which shall be known as the Renton Senior Activity Center Fund ("the Fund"). The Foundation acknowledges receipt of the property listed in Schedule "A" attached hereto and made a part hereof as the initial property of the Fund. 2. Property of.the Fund. The Fund shall include the property received herewith, such property as may from time to time be transferred to Foundation by these and other donors, such property as may from time to time be transferred from any other source for inclusion in the Fund and accepted by Foundation, and all undistributed income from the foregoing property. The Fund shall be the property of Foundation held by it in its corporate capacity. The Foundation shall have the ultimate authority and control over all property in the Fund, and the income derived therefrom, in accordance with the Articles of Incorporation and Bylaws of foundation (as they may be amended from time to time), and the terms of this Agreement applied in a manner not inconsistent with said Articles and Bylaws. • 3. Contributions to the Fund. The.Foundation acknowledges receipt of the property listed in Schedule "A" attached hereto and made a part hereof as the initial property of the Fund. Additional future deposits will be recorded and receipted through subsequent transmissions of Schedule "A". 4. Purpose. The Fund is established as a non-endowed fund. The Fund shall be used to support the following organization(s): The City-of Renton, Renton Senior Activity Center, Community Services Department, for the purpose of orbenefitting senior programs at the.Renton Senior Activity Center. The purpose of the Fund may be communicated in Foundation publications and events. 5. Distributions. a. Distributions shall be made with consideration of written requests by Renton Senior Activity Center. b. Written requests for distributions shall be made at least 30 days prior to the expected distribution of such funds and signed by individuals as indicated on the form attached hereto as Exhibit B-2, Fund Distribution Authorized Signatures. Exhibit B-2 is a statement from the Donors authorizing the proper person(s) to execute the written notice to the Foundation for distributions. Included are specimen signatures of the authorized person(s). The Donors shall submit an updated copy of such attachment, certified to be correct, each time it changes such authorized person(s). c. If the Fund is established as a non-endowed fund, the Foundation maintains the right to request advice from Renton Senior Activity Center, or the City of Renton's Community Services Department, on complete distribution of the fund, should the principal balance fall below Ten Thousand Dollars ($10,000.00). 6. Investments of Funds. The Fund shall be pooled with other Foundation assets and invested in accordance with the Foundation's Investment Policy. Statements of investment balances, including confirmations of investments by Foundation's advisor, shall be provided on a quarterly basis. 7. Fee Schedule. An annual charge on the assets of the fund will be assessed at the rate charged for a Designated Fund. At the present time the charge is 1.8% annually, with fees split between Foundation (1%) and investment advisor(.8%). Fees are charged monthly at the fee schedule in effect at that time, based on the value in the fund as of the last day of the month. In the event this Agreement shall terminate or otherwise end on a day other than the last of a month, the fee shall be charged for that month based on the value on the last day of that month. Fees are • deducted first from income and, if insufficient, the remainder shall be deducted from the principal of the fund. 8. Variance of Restrictions or Conditions. The Board of Directors of the Foundation shall have the power to modify any restriction or condition on the distribution of funds, if, in their sole judgment, such restriction or condition becomes, in effect, unnecessary or incapable of fulfillment, or inconsistent with the charitable needs served by the Foundation. The exercise of such power shall not be effective earlier than at least thirty (30) days after the Foundation notifies the organization(s) in writing of: (1) its intent to exercise such power, and (2) the manner in which the Foundation exercises its power. During the notice period, the City of Renton's Community Services Department may advise the Foundation as'to its views regarding the proposed exercise of the power and where those funds might be redirected. If the Foundation becomes aware of any action instituted or proposed by any person to vary the purposes, uses, or methods administration of the Fund, it will promptly notify Renton Senior Activity Center. If the Foundation ceases to be a qualified charitable organization or if the Foundation proposes to dissolve, the assets of the Fund shall, after payment or making provision for payment of any liabilities, properly chargeable to the Fundbe distributed to such organizations) in the greater Renton community as long as it satisfies the requirements or purposes similar to those intended in this agreement and is consistent with the original intent of the individual of made the bequeath to the Fund. 9. Definitions and Construction A. As used in this Agreement: (1) "Qualified charitable organization" means an organization described in Section 501(c)(3) and which is other than a private foundation under Section 509(a) of the Internal Revenue Code. (2) References to any provision of the Internal Revenue Code shall be deemed references to the U. S. Internal Revenue Code of 1986 as the same may be amended from time to time and the corresponding provision of any future U. S. Internal Revenue Code. B. It is intended that nothing in this Agreement shall affect the status of the Foundation as an entity which is a qualified charitable organization. This Agreement shall be interpreted in a manner consistent with the foregoing intention and so as to conform to the requirements of the Internal Revenue Code and any regulations issued pursuant thereto applicable to the intended status of the Foundation. 10.Indemnification. Each party hereto shall indemnify and save harmless the other, its directors, officers and affiliates, against all claims made against the other arising solely out of the acts or failures to act of the party from whom indemnification is requested. The indemnifying party shall defend any claims against the indemnified • • party and shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against the indemnified party. IN WITNESS WHEREOF, each party hereto has executed the Agreement by its duly authorized officers effective as of the day and year first above written. lattIA- 4)- Signature Name: Denis Law Date: V2Vo Y Title: Mayor., City of Renton Address: 1055 S. Grady Way, Renton, WA 98057 Staff Contact: Shawn Daly, Recreation Supervisor Phone: 425-430-6639 Email: sdaly(c�rentonwa.gov -- ATTEST: ,6#1141,c4.; J. L JcZ.I:,GO» Date: 9,a/- R009. BY: Bonnie I. Walton, City Clerk RENTON-COMMUNI • NDATION, INC. By: � � �-�/ Date: ?/024/6,3 Title: •CrAX-cief72_ Rev. 10/08 • • • RENTON COMMUNITY FOUNDATION DESIGNATED FUND AGREEMENT SCHEDULE A INVe'have given the following property to the Renton Community foundation. This property'is to become part of the Renton Senior Activity Center Fund. Description of Property: Cash in the amount of: Five Hundred Ninety Seven Thousand, Five Hundred Thirty-Four Dollars and Ninety-One Cents ($597,534.91). Other(Stocks, personal property): Please list below. (All non-cash contributions will be subject to 3rd party valuations and in accordance with current IRS regulations.) • • EXHIBIT B-1 REQUEST FOR DISTRIBUTION To the Renton Community Foundation: Please consider the following distribution(s) from the Fund: Check Payee Amount Date $ The distributions should be made on the dates set forth above (date(s) not less than 30 days from the date of this request). The undersigned affirms these distributions are requested pursuant to the procedures of Renton Senior Activity Center which were followed in all material detail with respect to the distributions requested herein. (Name of Organization) By Its Authorized Representative Date • • EXHIBIT B-2 Designation by Renton Senior Activity Center authorizing the following person(s) to issue Requests for Distribution from the Renton Senior Activity Center Fund. The following persons are authorized to issue a Request for Distribution from the Renton Senior Activity Center Fund: Shawn Daly, Recreation Supervisor, Community Services Department Signature: Jerry Rerecich, Recreation Director, Community Services Department Signature: