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Contract 2019-84 COMMUNITY FOUNDATION of South Lake Field of Interest Fund Agreement AGREEMENT TO ESTABLISH THE ` CLI 0T' Ck'm'ior EnriGhm'en-r FUND (a field of interest fund at Community Foundation of South Lake County, Inc.) THIS AGREEMENT("Agreement"), made th•is 13 day of 4 L UST1 aOI I (month,year) between the L,t o Gi'e(VY1OV1-i' (the "Donor") and Foundation of Youth Lake County, Inc., a Florida not for profit corporation and Community Community Y Foundation (the "Foundation), having its principal office in the City of Clermont and State of Florida. WITNESSETH: WHEREAS,the Donor desires to create a Field of Interest Fund for philanthropic purposes; and WHEREAS,the Donor may transfer additional property for such purposes; NOW,THEREFORE, in consideration of the premises and the mutual covenants herein contained,the Donor hereby irrevocably assigns, conveys,transfers, and delivers to the Foundation the assets listed on Exhibit A TO HAVE AND TO HOLD the same and all income from the foregoing property, NEVERTHELESS as a Field of Interest Fund of the Foundation,for the following uses and purposes and subject to the terms and conditions herein set forth. It is agreed and understood that the Fund will in all events be used and dedicated to a purpose permitted by Section 501(c)(3) of the Internal Revenue Code of 1986,( as amended (the "Code"))._ FIRST:The fund hereby created shall be known as the 0;14-ti O'C C1ery riLE'1 rIGkv trir Fund (the "Fund"). SECOND:The Foundation shall hold, manage, invest and reinvest the Fund exclusively or general charitable uses and purposes in accordance with the rules from time to time adopted by the Foundation regarding the investment of and distribution from field of interest funds. THIRD:The Donor desires distributions of the Fund to support the following(Field(s) Of Interest): flric�1 wr t Mprove. `fl1e Public.) realim o4 the l..l o -C (J.6 ronan� d0(,6n 40 t,)Y). 1 FOURTH:Grants from the Fund will be made only to organizations which are qualified under Section 501 (c)(3)or to a not for profit qualified organizations like public schools. FIFTH: Recommendations by the Donor or Advisors will in each case be evaluated independently by the Foundation's staff to determine if the recommendations are consistent with the purposes of the Foundation and meet the needs of the community as identified by the Board. Procedures for recommending grants are listed as Exhibit B. SIXTH: It is the practice of the Foundation to identify for grant recipients the specific fund or funds from which a grant is paid. In the case of grants from field of interest funds,grant recipients will be informed of distributions from such funds unless the Donor has specified to the contrary in writing. SEVENTH: The Foundation shall receive a fee, which may be taken from the Fund,for reasonable and proper compensation for services and expenses rendered to and incurred by the Fund in accordance with Foundation rules governing field of interest funds. EIGHTH: The Fund is subject to the condition that the Foundation, as of the date of transfer, is classified in good standing by the Internal Revenue Service as an organization (i) described in section 501(c)(3) of the Code and (ii)which is not a private foundation as defined in section 509(a)of the Code. NINTH: The Fund created by this Agreement shall be administered in and under the laws of the State of Florida, and this Agreement and the validity thereof shall be governed by and construed in accordance with the laws of the State of Florida. TENTH:The board shall have the power to modify any restriction or condition on the distribution of funds for any specified charitable purpose or to specified organizations if in the sole judgment of the board (without the approval of any trustee, custodian or agent), such restriction or condition becomes, in effect, unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the community or area served. PERMISSION TO PUBLISH CFSLS has my permission to publish a listing of my fund on their website and/or other publications. YES V NO Initials IN WITNESS WHEREOF,the Donor and the Foundation have executed this Agreement as of the date first above written. DONOR: By: (2.)9; 2d--7-1"" COMMUNITY FOUNDATION of SOUTH LAKE COUNTY, INC. By: 2 FOURTH:Grants from the Fund will be made only to organizations which are qualified under Section 501(c)(3)or to a not for profit qualified organizations like public schools. FIFTH:Recommendations by the Donor or Advisors will in each case be evaluated independently by the Foundation's staff to determine if the recommendations are consistent with the purposes of the Foundation and meet the needs of the community as identified by the Board. Procedures for recommending grants are listed as Exhibit B. SIXTH:It is the practice of the Foundation to identify for grant recipients the specific fund or funds from which a grant is paid. In the case of grants from field of interest funds,grant recipients will be informed of distributions from such funds unless the Donor has specified to the contrary in writing. SEVENTH:The Foundation shall receive a fee,which may be taken from the Fund,for reasonable and proper compensation for services and expenses rendered to and incurred by the Fund in accordance with Foundation rules governing field of interest funds. EIGHTH:The Fund is subject to the condition that the Foundation,as of the date of transfer, is classified in good standing by the Internal Revenue Service as an organization(i)described in section 501(c)(3)of the Code and(ii)which is not a private foundation as defined in section 509(a)of the Code. • NINTH:The Fund created by this Agreement shall be administered in and under the laws of the State of Florida,and this Agreement and the validity thereof shall be governed by and construed in accordance with the laws of the State of Florida. TENTH:The board shall have the power to modify any restriction or condition on the distribution of funds for any specified charitable purpose or to specified organizations if in the sole judgment of the board(without the approval of any trustee,custodian or agent),such restriction or condition becomes, in effect, unnecessary,incapable of fulfillment or inconsistent with the charitable needs of the community or area served. PERMISSION TO PUBLISH CFSLS has my permission to publish a listing of my fund on their website and/or other publications. YES V NO Initials IN WITNESS WHEREOF,the Donor and the Foundation have executed this Agreement as of the date first above written. DONOR: ;�,,� By: 1 COMMUNI FOUNDATION of SOUTH LAKE COUNTY,INC. By: / 2 I I EXHIBIT A THE C,( o G ll.Tmonlf Er ri4rner►-r FUND $ in cash or property has been contributed to the Fund. DONOR By: 4` COMMUNITY FOUNDATION of SOUTH LAKE COUNTY, INC. By: 3 EXHIBIT A THE O1 C,kyrnont EnriGhrnent FUND $ `L) in cash or property has been contributed to the Fund. DONOR By: f Ore / COMMUNITY FOUNDATION of SOUTH LAKE COUNTY,INC. I _ 3 EXHIBIT B Procedures for fund disbursements: 4 EXHIBIT B Procedures for fund disbursements: • All disbursements will be made to the City of Clermont for the purpose of beautification or enhancements to the city. • Requests for Disbursements will be completed online,through the online portal to the CFSLC with the amount and purpose. • Disbursements would be limited to one monthly 4 tL$kr T. Fee Structure for AU Component Funds COMMUNITY FOUNDATION of South Lake. Value of placing funds at Community Foundation of South Lake: 1. Flexibility: Donors may create funds in any name & for any charitable purpose. 2. Immediate Tax Deductions: As a 501(c) (3), the Foundation helps save on income and estate taxes and helps reduce/eliminate capital gains tax. 3. Connectivity: Donors stay connected to their gift, their family and their favorite charities. 4. Personalized Service: Knowledgeable, professional staff provide prompt attention to donor needs. 5. Community Information: The Foundation is a resource for donors about local nonprofit organizations and community needs. 6. Investment Expertise: Experienced board and committee members, and financial advisors oversee investments and relieve donors of that burden. 7. Low Cost: Combining individual funds, keeps administrative and investment costs low. 8. Reliability: The Foundation has a record of reliability and dependability. 9. Simplicity: A fund is established with one governing document that takes less than one hour to prepare. 10. Recognition: Donors can honor or memorialize a loved one in perpetuity. 11. Privacy: Donors can give anonymously through the Foundation. 12. Legacy: Donors can build lasting testaments to their names, their families and causes they care about. 13. Impact Assessment: combined donor grant-making with CFSLC community investment Previous CFSLC Administrative Fee for all funds: 1.5% on all funds and amounts Fee Structure effective 10/1/2018 for all funds EXCEPT Scholarships: 1. $350 fee for $10,000 - $20,000 2. 1.75% fee for $20,001 - $50,000 1.25 CFSLC 3. 1.5% fee for $50,001- $1 million 1.0 CFSLC 4. 1% fee for $1 million + .5 CFSLC 5. The annual fees are charged monthly (One-twelfth of total fee, per month) 6. All fund-holders must maintain a minimum balance of$10,000 7. Fund-holders below $20,000 will be limited to 4 disbursements per year. Scholarship fee structure: 1. Annual support fees are in tiers: o $0 additional fees for basic support benefits o $250 to include basic support benefits as well as collecting, categorizing and providing of student applications. o $500 to include the above support benefits, utilization of software, and additional support time 2. Administrative fee percentages (1.5%) 3. Minimum $10,000 to establish new scholarship funds (must maintain $10,000 balance after disbursements) 4. Spend down within 2 years for those scholarship funds that are dormant or cannot maintain the $10,000 minimum requirement 5. New fee policy for existing fund holders beginning fiscal year 10/1/18 1 of 2 COMMUNITY FOUNDATION of South Lake Fee for Service: Pass-through Donations Fees will apply to Nonprofit organizations who are "non-fundholders" for a specified campaign. The donations will be made on behalf of the NPO, through the Community Foundation of South Lake. Value provided by Community Foundation of South Lake (CFSLC): 1. All banking/wire transfer fees covered by CFSLC. 2. CFSLC can accept appreciated assets providing possible tax benefits to the donor. 3. CFSLC holds money until donation disbursement is approved by the donor or until the NPO receiving the donation has fulfilled all agreed-upon obligations. 4. CFSLC can and will return funds to original donor if agreed-upon terms are not met by NPO (while CFSLC is in possession of these funds). 5. CFSLC will administer proper tax receipts to the original donor. 6. Staff will provide prompt attention to donor needs and all forms of communications to make sure the donated funds are properly managed and disbursed. Fee Structure effective 03/01/2019: Cost to NPO = 2% of total donations will be designated to the CFSLC Endowment + Credit Card Fees (3%) By signing below, I understand and agree to the above Fee for Service at the Community Foundation of South Lake. ./CAkdOl 11— H-11 Donor Date Organization Name NPO Representative Date CFSLC Representative Date 1 of 1 COMMUNITY FOIJNUATK)N of South Lake Fee for Service: Pass-through Donations Fees will apply to Nonprofit organizations who are"non-fundholders"for a specified campaign. The donations will be made on behalf of the NPO, through the Community Foundation of South Lake. Value provided by Community Foundation of South Lake (CFSLC): 1. All banking/wire transfer fees covered by CFSLC. 2. CFSLC can accept appreciated assets providing possible tax benefits to the donor. 3. CFSLC holds money until donation disbursement is approved by the donor or until the NPO receiving the donation has fulfilled all agreed-upon obligations. 4. CFSLC can and will return funds to original donor if agreed-upon terms are not met by NPO (while CFSLC is in possession of these funds). 5. CFSLC will administer proper tax receipts to the original donor. 6. Staff will provide prompt attention to donor needs and all forms of communications to make sure the donated funds are properly managed and disbursed. Fee Structure effective 03/01/2019: Cost to NPO = 2% of total donations will be designated to the CFSLC Endowment + Credit Card Fees (3%) By signing below, I understand and agree to the above Fee for Service at the Community Foundation of South Lake. 15,,AteaCiel -ia II— 11+ -1 i onorr1 L Date O 1 e:/�-f'OA AA Name NPOepresentative Date A..) )/// C/0 CFSLC Rep entative Date 1 of 1 Fee Structure for All Component Funds COMMUNITY FOUNDATION of South Lake By signing below, I am signifying that I understand and agree to the above changes to the Fee Structure at the Community Foundation of South Lake. e, Iermon-f Enri 4111,0)4 funoh Name of Fund )1— NH / Fundholder Representative Date CFSLC Representative Date 2 of 2 Fee Structure for All Component Funds COMMUNITY FOUNDATION of South Lake By signing below, I am signifying that I understand and agree to the above changes to the Fee Structure at the Community Foundation of South Lake. 1 C-44 1 0-c C.ferMOM. EnrichrrCYYf rjrO4 Name of Fund `�• G�� � 1I- 11+- 11 Fundholder Representative Date CFSLC Representative Date 2 of 2 COMMUNITY FOUNDATION of South Lake Field of Interest Fund A Field of Interest Fund is designed for donors who would like their contributions to benefit a particular area of interest,type of organization, community issue or geographic area. A Field of Interest Fund provides the donor with a vehicle to support a long-term interest and allow the Community Foundation of South Lake to adapt the specific use of funds to the most appropriate organization or need at that time.The Fund may have an advisory committee which can make suggestions on annual distributions from the fund or work with other community groups to utilize the funds to meet the donor's intentions. Examples of areas in which Field of Interest Funds may work include the following: beautification of public parks and lands; assistance for handicapped children; support of musical performances;assistance with health care needs of individuals and support for organizations and activities in specific communities. These examples are meant to provide ideas for donors since the Field of Interest Fund can be tailored to align the donor's charitable giving goals with the community's needs. For a family seeking to teach children about the importance of community involvement and charitable giving, a Field of Interest Fund can be used to teach successive generations about making an impact on a particular community need or charitable area of interest.The following policies have been adopted by the Community Foundation of South Lake regarding the establishment and operation of Field of Interest Funds: 1. The Field of Interest Funds is an unrestricted gift to the Community Foundation of South Lake (CFSLC), which create or add to a fund named by the donors. The minimum to begin an active Field of Interest Fund is$10,000. Funds may be started with less than$10,000 but no distributions will be made until the minimum gift total has been accumulated. The Community Foundation of South Lake and the donors will execute a fund agreement related to the fund's operation and the donor's intentions. In accordance with IRS guidelines, all CFSLC funds are subject to the variance power, which allows the Board of Directors of the Community Foundation to modify the donor's instructions if these instructions are no longer practical or possible. The donor's intention will always be followed as closely as possible. 2. The donor to the fund may change the provisions of the fund related to the distribution instructions whether the donor is active or inactive. These changes should be made in writing to the Executive Director of CFSLC. They will be attached to the fund agreement as an amendment. 3. CFSLC will provide regular financial and investment reports to the donor or his or her designee. Each year,CFSLC will contact the donor regarding the spendable amount available for grants from the fund. Program staff is available to help the donor with information about community needs or to investigate specific organizations. 4 I 4. Distributions from Field of Interest Funds at CFSLC may be used in any of the following ways: a. To make a grant to any organization or charitable purpose that has a fund at CFSLC. b. To make a grant to another 501(c) (3) public charity serving the education and charitable needs of the South Lake community, the State of Florida, or the United States which meets the I.R.S. criteria for a tax-deductible gift. c. To participate with other donors and CFSLC to fund specific grant requests that have been approved by the Trustees of the Community Foundation. 5. The grant from a Field of Interest Fund should not be used to fulfill any legally binding pledge or obligation of the donor or advisor, to purchase tickets or memberships with personal benefit to the donor or advisor,or to support fund-raising events where the deductible amount is less than the grant from the fund. 6. The Internal Revenue Service requires that the CFSLC Board of Directors or its Grants Committee approve the grants from any Field of Interest Fund. The staff of CFSLC will review the recommendations, if necessary, to insure that the grants are being used to meet appropriate charitable needs.This process protects CFSLC and the donor and insures the full tax-deductibility of the donor's gift. 7. CFSLC will inform recipient organizations of grants from Field of Interest Funds and will provide the organizations with the name and address of the donor unless the donor requests that the contribution be anonymous. The names of Field of Interest Funds at CFSLC will only be available to organizations if requested by the donor and/or necessary to meet the field of interest mission and needs as set forth in the fund agreement. 8. All Field of Interest Funds are invested in the CFSLC Investment Pool. CFSLC charges an administrative fee based on the market value of the fund, currently 1.0 percent or 100 basis points. An additional fee of 0.5 percent or 50 basis points is paid to the Investment Consultant hired by CFSLC to oversee all investments. The total fee,therefore, is 1.5 percent.