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LOAS- 26 C7) CITY OF MUSKEGON Agenda Item Review Form Muskegon City Commission Commission Meeting Date: March 25, 2025 Title: Approval of Community Foundation Fund Requests in Parks & Recreation Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks Recreation Director Brief Summary: Staff requests authorization to receive grants and awards from the Community Foundation For Muskegon County from certain Parks & Recreation-related funds for a total of $91,153. Detailed Summary & Background: The Community Foundation for Muskegon County has several funds set up to benefit City of Muskegon Parks. Some of these state they need approval from the City Board of Directors, and while others do not specifically need CC approval, this will serve as an informative update on the progress of the funds. On March 19th, the Parks & Recreation Advisory Committee voted to approve these funds to be formally requested for the purposes listed below: Darl & Kathleen Staley Charity Fund - $37,600 - Teen activities & Summer Rec staffing City of Muskegon Parks Fund - $4,659 - Mobi-Mat System at new South PM Restroom Facility Lakeshore Trails Improvement Fund - $13,106 - Trail Maintenance, deck replacement & treat invasives Celebration Square Splashpad Fund - $35,788 - Shade sail, landscaping, painting & other beatification Goal/Focus Area/Action Item Addressed: Key Focus Areas: Blight cleanup, Enhanced Parks and Recreation Department and Services, Events and activities, Transportation options Goal/Action Item: 2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and Services Amount Requested: Budgeted Item: $71,153 Yes No |x| N/A Fund(s) or Account(s): Budget Amendment Needed: TBD Yes x | No N/A COMMUNITY FOUNDATION for MUSKEGON COUNTY COMMITTEE ADVISED FUND AGREEMENT AGREEMENT made February 17, 2009, between the Estate of Darl E. Staley, (hereinafter called "Donor") and COMMUNITY FOUNDATION forMUSKEGON COUNTY, a Michigan non-profit corporation (hereinafter called "Foundation"), with reference to the following facts: A. The purposes of the Donor are within the purposes of the Foundation. B. The parties believe that establishment of this Endowment Fund will enhance Donor's ability to carry out its charitable purposes. L ESTABLISHMENT 1.1 ‘Transfer. Donor transfers to the Foundation $91,391 to be held by the Foundation or its Agent, to establish a fund to be known as the Darl and Kathleen Staley Charity Fund. 1.2 Additions. Donor and others at any time may make contributions to the Foundation designated for addition to the Fund. 1.3. Acceptance. Foundation accepts the transferred property and additions and agrees to hold, administer and distribute the Fund as provided in this Agreement. IL. DESIGNATED PURPOSES 2.1 General. The Fund is established to allow the net income to be distributed to the City of Muskegon for its recreation programs. The Fund is to be endowed with income only distributed. The City will report to the Community Foundation regarding how each grant distribution was spent. At such time the City of Muskegon establishes a new park, the Donor directs that the CFMC make a distribution from the fund to City of Muskegon in an amount sufficient for the purchase of a plaque listing all the names of past and present employees of the City of Muskegon who have served 25 years or more with the City of Muskegon. This plaque shall be displayed in the new park. 2.2 Expenditure of Fund. The Fund will be an "Advised Fund" as defined in a certain resolution adopted by the Board of Trustees of the Foundation with respect to such funds. The Advisory Committee shall consist of: The City of Muskegon Finance Director and the City Manager for the City of Muskegon who will advise the Foundation toward the funding of recreation projects. They may make written recommendations as to the use of the fund. It is the intent of the donors that the Fund be held in perpetuity with income only to be used in accordance with the Foundation's Spending Policy. 2.3 Status of Fund. The Fund will be administered by the Foundation as its property, held by it in its normal corporate capacity, and not as Trustee, for purposes within its charitable purposes and in accordance with its Articles of Incorporation and By-laws; and Donor agrees to all the terms of said Articles of Incorporation and By-laws, including, without limitation, provisions as to presumed intent of donors, variance from a donor's restrictions, and amendments and termination, so long as Foundation's Trustees conclude such changes will promote the purposes of the Foundation. IL. ACCOUNTING AND CHARGES 3.1 Accounting. Foundation shall keep records of the Fund's receipts, disbursements | and property on hand and, at least annually, shall provide Donor with an accounting for the Fund. 3.2 Chargesto Fund. Foundation may charge to the Fund expenses and fees which it customarily charges to other Advised Funds. Foundation also may charge an extra-ordinary fee, reasonable in amount, for services to the Fund which are requested by the Donors and are a significant and unusual administrative or economic burden to the Foundation. During any quarter that the Fund balance is less than $10,000 a $50 service fee will be charged. We further understand the fee schedule is subject to modification and may be increased or decreased at the sole discretion of the Community Foundation's Board of Trustees. COMMUNITY FOUNDATION for MOSKEGON COUNTY Chris A. McGuigan, President/CEO _) lc\dvlp\funds\agreements\2009\staley01 09commniittee advisedshortform.doc 2012-15(d) COMMUNITY FOUNDATION for MUSKEGON COUNTY ORGANIZATION ENDOWMENT FUND AGREEMENT LAKESHORE TRAILS IMPROVEMENT FUND AGREEMENT made March 13 _ , 2012 between the City of Muskegon, (the "CITY") and COMMUNITY FOUNDATION for MUSKEGON COUNTY, a Michigan non-profit corporation (the"FOUNDATION'), with reference to the following facts: A. The CITY is presently a tax-exempt organization. B. The FOUNDATION is a publicly-supported community foundation, meeting the public support test of IRC §509(a) and organized and operated exclusively for charitable purposes as provided in IRC §501(c)(3). C. The CITY desires to establish a permanent Endowment Fund with the FOUNDATION which shall be known as the Lakeshore Trails Improvement Fund (hereinafter referred to as the "FUND"). D. The FOUNDATION, pursuant to the terms of this AGREEMENT and the restrictions imposed hereby, desires to accept donations to the FUND, and to administer and distribute the same in accordance with the terms and conditions of this AGREEMENT. 1. Establishment of FUND. The FOUNDATION acknowledges receipt of $10,138.92 as the initial property of the FUND. CITY and FOUNDATION acknowledge that none of the money donated is CITY’S money, but rather are donations from individuals donating their tax refund monies, or individuals making gifts directly to the FUND, 2, Property of the FUND. The FUND shall include the property received to establish the FUND, such property as may later be transferred to the FOUNDATION from any source for inclusion in the FUND and accepted by the FOUNDATION, and all undistributed income from the FUND. The FUND shall be the FOUNDATION’S property held by it in its corporate capacity and shall not be deemed a trust fund held by it in a trustee 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 the 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. Designation of Purposes. The FUND shall be used for the general support of the bike trails which are located within City of Muskegon. 4, Distributions of Income. All or a portion of the spendable income (as defined herein) of the FUND shall be distributed to CITY upon the written request of CITY, which may be submitted periodically to the FOUNDATION. The request shall include a City Commission written resolution approving the request for a distribution from the FUND. 5. Other Distributions. Distributions in excess of the spendable income of the FUND may be made to the CITY as the FOUNDATION’S Board of Trustees determines. Recommendations for such distributions may be made from time to time to the FOUNDATION by the CITY’s Commission as provided in Paragraph 4 above. Excess distributions may be made only from the portion of the FUND’S balance which represents contributions made by the CITY plus allocated investment realized/unrealized gains and/or losses to such portion. Recommendations of the CITY’s Commission shall be solely advisory and not binding on the FOUNDATION. 6. Successors to the CITY, (a) The FUND will continue for the exclusive use and benefit of the successor or surviving organization if the CITY merges or consolidates with another entity which is also a tax-exempt organization. (b) Upon dissolution of the CITY, the FUND shall continue for the benefit of such other tax exempt organization as identified by the CITY Commission, providing such identification is consistent with the charitable purposes of the FOUNDATION. Any designation made under this section shall be in writing and shall be delivered by the CITY to the FOUNDATION prior to the filing of legal dissolution of the CITY. (c) If CITY fails to identify such other tax exempt organization or such identification is not consistent with the tax-exempt status of the FOUNDATION, the FUND shall become a part of the Unrestricted Endowment of the FOUNDATION. 7. Variance. (a) The FOUNDATION agrees that if its Board of Trustees proposes to exercise the variance power under Article VIII, Section (8) of the FOUNDATION’S Bylaws, the exercise of such power shall not be effective earlier than at least 30 days after the FOUNDATION notifies CITY in writing of (i) its intent to exercise such power and (ii) the manner in which the FOUNDATION proposes to vary the purposes, uses, or methods of administration of the Fund. During the notice period, CITY may advise the FOUNDATION of its views regarding the proposed exercise of thé power and take such other action as it deems appropriate. If the FOUNDATION becomes aware of any other action instituted or proposed by any person to vary the purposes, uses, or methods of administration of the FUND, it will promptly notify the City Commission. (b) If the FOUNDATION ceases to be a qualified charitable organization or if the FOUNDATION proposes to dissolve, the assets of the FUND shail, after payment or making provision for payment of any liabilities, properly chargeable to the FUND, be distributed to CITY. If CITY is not then a qualified to receive such monies, said assets shall be distributed in such manner and to such organization or organizations in Muskegon County as satisfies necessary requirements and serves purposes similar to those of the CITY. (c) Notwithstanding anything in this Agreement or in the FOUNDATION’S Articles or Bylaws to the contrary, the FOUNDATION agrees not to exercise the modification provisions contained in Article VII of its Bylaws except to the extent and as may be required from time to time by the laws of the State of Michigan or by the Internal Revenue Code, including the rules and regulations with respect thereto, in order to qualify the Organization Endowment Fund as a component part of the FOUNDATION. Internal Revenue Service regulations presently require that any restriction or condition may be modified if it becomes unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the Muskegon County area. 8. Definitions and Construction. (a) As used in this Agreement: (i) “Qualified charitable organization” means an organization described in §501(c)(3) and which is other than a private foundation under §509(a) of the Internal Revenue Code. (ii) 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. (iti) "Spendable income” means the amount determined under the spending rule policy being used by the Foundation for its component Funds (less fees). (b) It is intended that the FUND shail be a component part of the FOUNDATION and 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. (c) Each Fund is charged two fees. One is the investment manager fee, which is negotiated with the various managers and may vaty from year to year, This fee is currently included in the total net investment gains and/or losses that are applied to the FUND quarterly. The second is a FOUNDATION administrative fee for the FUND which is currently at .5% and reviewed annually, If there are transfers of property to the Fund on any day after the first day of the Foundation’s fiscal year, only a pro-rata portion of the annual fees will be charged against the Fund. 9. Gift Acknowledgments. The Foundation shall make all information with respect to the FUND available to CITY during normal business hours of the FOUNDATION, or on-line, with authorization, but not limited to, name, address, amount of gift and restrictions on gift, if any. 10. Copies of AGREEMENT. The CITY and the FOUNDATION may furnish copies of this AGREEMENT to other potential donors to the FUND to demonstrate the protocol and procedures that have been put in place with regard to the administration and disbursement of the FUND. The Parties execute this Agreement by its duly authorized officers effective as of the day and year above as evidence of their agreement, LAKESHORE TRAILS IMPROVEMENT FUND COMMUNITY FOUNDATION for MUSKEGON COUNTY By: Clam Chris A. McGuigan, President/CEO S kAdvIp\funds\agreements\20 | 2\lakeshoretrailsimprovementorgfind-cityofinuskcgon.doc COMMUNITY FOUNDATION for MUSKEGON COUNTY ORGANIZATION ENDOWMENT FUND AGREEMENT City of Muskegon Parks Fund Amendment AGREEMENT made ft pril 4 2018, between the City of Muskegon (the "Donor") and the Community Foundation for Muskegon County (the "Foundation"), a Michigan non-profit corporation. This Amendment supersedes entirely the prior Muskegon Skate Park Fund Agreement between the Donor and the Foundation dated June 28, 2016. The purpose of this Amendment is to change the fund to an Organization Endowment Fund, and to change the name of the Fund. Agreement language has been updated to be consistent with current agreements. This agreement is made with reference to the following facts: A. The Donor is presently a qualified tax-exempt organization (as defined herein). B. The Foundation is a publicly-supported community foundation, meeting the public support test of IRC §509(a) and organized and operated exclusively for charitable purposes as provided in IRC §501(c)(3). C. The Donor desires to establish a permanent Endowment Fund with the Foundation which shall be known as the City of Muskegon Parks Fund (the "Fund’). D. The Foundation, pursuant to the terms of this agreement and the restrictions imposed hereby, desires to accept the initial contribution of Donor as well as any subsequent donations to the Fund, and to administer and distribute the same in accordance with the terms and conditions of this agreement. 1. Establishment of Fund. The Foundation acknowledges the balance of the Fund as of December 31, 2017 was > 4, &boO.Sb 2. Property of the Fund. The Fund shall include the property received to establish the Fund, such property as may later be transferred to the Foundation by Donor or from any other source for inclusion in the Fund and accepted by the Foundation, and all ’ undistributed income from the Fund. The Fund shall be the Foundation’s property held by it in its corporate capacity and shall not be deemed a trust Fund held by it in a trustee 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 the 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. Designation of Purposes. The Fund shall be used for the general support of parks and recreation within the City of Muskegon. A. Distributions of Income. All or a portion of the spendable income (as defined herein) of the Fund shall be distributed to Donor upon the written request of Donor, which may be submitted periodically to the Foundation. The request shall include a Board of Directors’ written resolution or minutes from a meeting approving the request for a distribution from the Fund. 5. Other Distributions. Distributions in excess of the spendable income of the Fund may be made to the Donor as the Foundation’s Board of Trustees determines. Recommendations for such distributions may be made from time to time to the Foundation by the Donor’s Board of Directors as provided in Paragraph 4 above. Excess distributions may be made only from the portion of the Fund’s balance which represents contributions made by the Donor plus allocated investment realized/unrealized gains and/or losses to such portion. Recommendations of the Donor’s Board shall be solely advisory and not binding on the Foundation. 6. Successors to the Donor. a. The Fund will continue for the exclusive use and benefit of the successor or surviving organization if the Donor merges or consolidates with another entity which is also a qualified tax-exempt organization under the Internal Revenue Code. b. Upon dissolution of the Donor, the Fund shall continue for the benefit of such other qualified tax-exempt organization as identified by the Donor’s Board of Directors, providing such identification is consistent with the charitable purposes of the Foundation. Any designation made under this section shall be in writing and shall be delivered by the Donor to the Foundation prior to the filing of legal dissolution of the Donor, c. If Donor fails to identify such other qualified tax-exempt organization or such identification is not consistent with the tax-exempt status of the Foundation, the Fund shall become a part of the Unrestricted Endowment of the Foundation. 7. Variance. ; a. This Agreement is subject to the Foundation’s authority to vary the terms of the gift as stated in Article VIII, Section (8) of the Foundation’s Bylaws. b. The Foundation shall promptly notify the Donor of any decision made to exercise the variance power. Notification of the exercise of the power shall be delivered in writing to the last known address of the Donor within 30 days following the Board’s decision. The Foundation shall also notify the Donor if it becomes aware of any other action instituted or proposed by any person to vary the purposes, uses or method of administration of the Fund. c. lf the Foundation ceases to be a qualified tax-exempt 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 Donor. If Donor is not then a qualified tax-exempt organization, said assets shall be distributed in such manner and to such organization or organizations in Muskegon County as satisfies the requirements of a qualified tax-exempt organization and serves purposes similar to those of the Donor. 8. Definitions and Construction. a. As used in this agreement: i. “Qualified tax-exempt organization” means an organization described in §501(c)(3) and which is other than a private foundation under §509(a) of the Internal Revenue Code, and a governmental entity or an affiliated entity exercising an essential governmental function. ii. 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. iii. "Spendable income" means the amount determined under the spending rule policy being used by the Foundation for its component Funds (less fees). b. Itis intended that the Fund shall be a component part of the Foundation and 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. c. Foundation will charge an annual administrative fee to the Fund, currently 0.5% of the average fund balance. Foundation also may charge an extra-ordinary fee, reasonable in amount, for services to the Fund which are requested by the Donor and are a significant and unusual administrative or economic burden to the Foundation. During any quarter that the Fund balance is less than $10,000, a $50 service fee may be charged. Fees are deducted from the Fund. If Donor transfers property to the Fund on any day after the first day of the Foundation’s fiscal year, only a pro-rata portion of the annual fee will be charged against the Fund. Donor further understands the fee schedule is subject to modification and may periodically be evaluated and adjusted by the Foundation’s Board of Directors. 9, Gift Acknowledgments. The Foundation shall make all Donor information with respect to the Fund available to Donor during normal business hours of the Foundation, or online, with authorization, but not limited to, name, address, amount of gift and restrictions on gift, if any. 10. Copies of Agreement. The Donor and the Foundation may furnish copies of this agreement to other potential Donors to the Fund to demonstrate the protocol and procedures that have been put in place with regard to the administration and disbursement of the Fund. The Parties execute this Agreement by its duly authorized officers effective as of the day and year above as evidence of their agreement. City of Muskegon By: ——_ "Steve Gawron, Mayet Community Foundation for Muskegon County By: Chin beet; Chris A. McGuigan, PresidentiCEO k:Advip\funds\amendments-changes-dissolutions\2018\muskegon parks amend 1-2018.docx COMMUNITY FOUNDATION for MUSKEGON COUNTY NON-ENDOWED DESIGNATED FUND AGREEMENT Celebration Square Splash Pad Fund AGREEMENT made December 14, 2019, by the Community Foundation for Muskegon County (the “Foundation”), a Michigan nonprofit corporation. The Foundation transfers $10,000.00 to be held by the Foundation to establish a non-endowed, designated fund known as the Celebration Square Splash Pad Fund (the “Fund’). Donors at any time may make contributions to the Foundation designated for addition to the Fund. It is the intent of the Foundation that the Fund be held in perpetuity and that income and principal, in accordance with the Foundation's spending policy, be primarily used to support the maintenance, upgrades, and expenses related to the Splash Pad at Celebration Square. Funds can also be used to support maintenance of other public art pieces. Foundation will charge an annual administrative fee to the Fund, currently 1.0% of the average fund balance. Fees are deducted from the Fund. If property transfers to the Fund on any day after the first day of the Foundation’s fiscal year, only a pro-rata portion of the annual fee will be charged against the Fund. The fee schedule is subject to modification and may periodically be evaluated and adjusted by the Foundation’s Board of Directors. It is understood and agreed the Fund shall be owned by the Foundation and held by it in its normal corporate capacity. It shall not be deemed a trust fund held by the Foundation in a trustee capacity. The Foundation’s Board of Trustees shall have the power to modify any restriction or condition on the distribution of funds for any specified charitable purposes 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. Foundation accepts the property transferred to it and agrees to hold, administer, and distribute it as provided in this agreement. Celebration Square Splash Pad Fund Community Foundation for Muskegon County OG. & me “pe President/CEO egg K:\DVLP\Funds\Agreements\2019\Celebration Square Fund 12-19
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