HomeMy WebLinkAboutContractr - c
•
•
CAG-09-137
DESIGNATED FUND AGREEMENT
THIS AGREEMENT is made as of the first day of April, 2009, in Renton, Washington,
between the City of Renton Fire & Emergency 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 funds as 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 fire and emergency services.
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 Fire and Emergency Services 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 Renton Fire &
Emergency Services Department and any organization determined by the Donors to
fulfill the needs of the Renton community for emergency/preparedness services and
education.
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 Fire & Emergency Services Department.
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 Fire & Emergency Services Department on
complete distribution of the fund, should the principal balance fall below $10,000.
6. Investments of Funds. The Fund shall be pooled with other Foundation assets and
invested in accordancewith the.Foundation's Investment_Policy..Statements of
f
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 dajr 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, Renton Fire & Emergency
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 Fire &Ernergency Services Department.' - -
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 Fund, be
distributed to such organization(s) in the greater Renton community as satisfies the
requirements or purposes similar to those intended in this agreement.
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:
4,/,•
Signature
Name: Denis Law Date: 7/2/0
Title: Mayor, City of Renton
Address: 1055 S. Grady Way, Renton, WA 98057
Staff Contact:_T*-1:-David Daniels, Fire-Chief/Emergency Services Administrator..
Phone: 425-430-7051 Email: ddaniels(a�rentonwa.gov
ATTEST: 4d.a.ie oiN Date: 7-#7/-200
BY: Bonnie I. Walton, City Clerk
RENTON COMMUNITY FOUNDATION, INC.
By: 4� Date: g/i 1,210
� o
Title: cg6eRA,44. . istate-c-1/1
Rev. 10/08
• •
RENTON COMMUNITY FOUNDATION
DESIGNATED FUND AGREEMENT
SCHEDULE A
I/We have given the following property to the Renton Community Foundation. This
property becomes part of the Renton Fire & Emergency Services Fund.
Description of Property:
Cash in the amount of: $
-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 (a 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
(short name) which were followed in all material detail with respect to the distributions
requested herein.
(Name of Organization)
By
Its Authorized Representative Date
i 0
EXHIBIT B-2
Resolution of Renton Fire & Emergency Services Department authorizing persons to
issue the Request for Distribution from the Renton Fire & Emergency Services Fund.
The following persons are authorized to issue a Request for Distribution from the
Renton Fire & Emergency Services Fund:
I. David Daniels, Fire Chief/Emergency Services Administrator
Z, M 'Signature: � .�_ •
Joan S. Montegary, Assistant to:the.Fire.Chief . .
Signature: ,A1: Z YeZ--'17#—?./7