Please read these terms. They explain how contributions and distributions are handled once the fund is established.
Contributions
Contributions from the Donor(s) shall be held, administered, and distributed per this Agreement. The Founding Contributor hereby irrevocably transfers to the Foundation the property described in the Contributions section of this Agreement (Exhibit A) to establish the Fund. Subject to the right of the Foundation to reject any gift, any person, whether an individual, corporation, trust, estate, or organization ("Donor"), may make additional gifts to the Foundation for purposes of the Fund by transferring to the Foundation property acceptable to it, in whole or in part, for the Fund. All gifts, bequests, and devises to this Fund shall be irrevocable once accepted by the Foundation.
Distributions
- For endowed funds, the amount available is from the principal's earnings as determined by the LCCF Spending Policy.
- For expendable funds, requests for distributions shall not exceed the fund balance and may be submitted throughout the year.
- Requests may be made in person, by email, or by mail by completing a Distribution Recommendation Form.
- Recommendations will be reviewed for charitable status and require final approval from the LCCF Board of Directors.
- No distribution will be made if, in the judgment of the LCCF Board of Directors, it would endanger the Foundation's 501(c)(3) status.
- The Board shall monitor all distributions to ensure they are used exclusively for charitable purposes under Internal Revenue Code Section 170(c)(1) or (2)(B), and shall have all powers of modification and removal specified in United States Treasury Regulations Section 1.170A-9(f)(11)(v)(B).
Policies and procedures
The undersigned understands that any contribution to the Foundation is an irrevocable gift, is not refundable, and is transferable only to another 501(c)(3) organization. The undersigned certifies that all information presented with this Agreement is accurate and will notify the Foundation of changes.
Fund administration and fees
The Foundation charges each Fund a fund management fee of 0.75% per quarter (3% per year). The fee is calculated at the end of each calendar quarter on the average of the Fund's invested balance at the beginning and end of that quarter, and is charged to the Fund. The undersigned agrees to this fee and to the terms and conditions of the LCCF Fund Administration Fee Schedule. The Fund shall be administered according to procedures established by the Foundation, which may be amended from time to time.
Investments
The undersigned acknowledges and agrees that IRS regulations allow authorized representatives to recommend investment preferences but require the Foundation to retain final discretion over those preferences. The undersigned understands that investments will be administered in accordance with the policies of the Foundation, that investments are subject to market and interest rate fluctuation risks, and that any gain or loss generated will be credited or charged to the Fund.
Indemnity
In consideration of the Foundation creating a fund at the request of the individual(s) or entity named, the undersigned agrees to indemnify and hold harmless the Foundation, its directors, officers, and other representatives against any liability, cost, or expense the Foundation may incur because it acts upon recommendations given to it by any of the authorized persons named.
Variance power
The Fund is a component part of the Foundation and shall be held as general assets of the Foundation, not as a separate trust fund. The Foundation will administer the Fund subject to the laws of the State of Kansas and the Lane County Community Foundation's Articles of Incorporation and Bylaws. The Foundation will monitor distributions from the Fund to ensure they are used exclusively for charitable or other exempt purposes within the meaning of Internal Revenue Code Section 170(c)(1) or (2)(B), and will make modifications if needed as specified in United States Treasury Regulations Section 1.170A-9(f)(11)(v)(B). If any condition or restriction on gifts from the Fund becomes unnecessary, incapable of fulfillment, or inconsistent with the charitable or exempt purposes of the Fund, the Foundation reserves the right to vary the terms to ensure the Fund's charitable intent is honored.
Counterparts and electronic signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement. Electronic signatures shall have the same force and effect as original signatures.