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H3. Res. 6011, Whitefish Community Fund Advisor AppointmentCITY OF City of Kalispell KALISPELL Post Office Box 1997 -Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor and City Council From: Doug Russell, City Manager Re: Transfer of Kalispell Golf Association Assets to Whitefish Community Fund Meeting Date: January 19, 2021 BACKGROUND: In 2009, the Kalispell Golf Association entered into an agreement with the Flathead Community Foundation to establish a fund for donors to provide resources for capital projects at the Kalispell Golf Course. As the City of Kalispell is the lessor of the property to the Kalispell Golf Association, we were included as a party on the agreement and the respective account with the foundation. Recently, the Flathead Community Foundation elected to transfer its assets and respective accounts to the Whitefish Community Foundation. As part of that process, the Whitefish Community Foundation is updating their agreements and is requesting we enter into the attached agreement and provide copies of the minutes where the council appoints its Advisor for the fund. The existing agreement with the Flathead Community Foundation and the proposed agreement with the Whitefish Community Foundation are attached. FISCAL IMPACTS: There is no expense to the City of Kalispell upon entering into the agreement. Donated funds may be used by the Kalispell Golf Association for capital projects at the facilities owned by the City of Kalispell. RECOMMENDATION: It is recommended that City Council pass Resolution 6011, a resolution to authorize the City Manager to act as the advisor for the Agency Fund with the Whitefish Community Fund and the Kalispell Golf Association. ATTACHMENTS: Resolution 6011 2009 Agreement with the Flathead Community Foundation Proposed Agreement with the Whitefish Community Foundation RESOLUTION NO. 6011 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ACT AS THE ADVISOR FOR THE AGENCY FUND WITH THE WHITEFISH COMMUNITY FUND AND THE KALISPELL GOLF ASSOCIATION. WHEREAS, in 2009, the Kalispell Golf Association entered into an agreement with the Flathead Community Foundation to establish a fund for donors to provide resources for capital projects at the Kalispell Golf Course; and WHEREAS, the Flathead Community Foundation has recently elected to transfer its assets and respective accounts to the Whitefish Community Foundation; and WHEREAS, the Whitefish Community Foundation has requested that the City of Kalispell, as owner of the Kalispell Golf Course, appoint an Advisor to the fund; and WHEREAS, it is in the best interests of the citizens of Kalispell that the Kalispell City Manager be appointed as the Advisor for the Agency Fund with the Whitefish Community Fund and the Kalispell Golf Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City Manager is authorized to act as the Advisor for the Agency Fund with the Whitefish Community Fund and the Kalispell Golf Association on behalf of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF JANUARY, 2021. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk 090026 i THIS AGREEMENT is entered into this day of C`kV, 2009, between the City of Kalispell, Montana, the Kalispell Golf Association and Flathead Community Foundation, a Montana not -for -profit corporation. Recitals 1. The City of Kalispell is a duly formed municipal corporation under the laws of the State of Montana with the statutory authority to own, manage and lease property for the benefit of the City, its taxpayers and residents. The City owns the property currently being operated as the Kalispell Municipal Golf Course, commonly known as Buffalo Hills Golf Course which is comprised of approximately 240 acres containing a golf facility with its appurtenant uses. 2. The Kalispell Golf Association is a Montana not -for -profit corporation and authorized to operate under the terms of IRC 501(c)(4). Its purpose has been to manage and maintain the Kalispell Municipal Golf Course, commonly known as Buffalo Hills Golf Course. 3. The Flathead Community Foundation is a Montana not -for -profit corporation authorized to operate under the terms of IRC 501(c)(3). Its purpose is to gather donors' gifts in permanent endowments or pass -through funds; to grow individual funds through professional investment management; and to distribute fund proceeds according to donor wishes through grants to local charities. 4. The City of Kalispell is the Lessor party to a lease agreement with the Kalispell Golf Association, as Lessee, dated April 1, 1997 (hereafter "Lease") for that property comprising the Kalispell Municipal Golf Course, commonly known as Buffalo Hills Golf Course. A copy of said lease is attached to this Agreement as Exhibit "A". 5. The Kalispell Golf Association seeks donor funding to provide necessary capital maintenance and improvements to the Kalispell Municipal Golf Course facility. The Flathead Community Foundation, as a qualified 501(c)(3) organization, can act as a permitted pass -through entity to receive tax preferred gifts from donors for the purpose of contributing to the City of Kalispell the donated dollars to the capital improvement projects planned and developed by the Kalispell Golf Association for the City of Kalispell owned golf facility. NOW THEREFORE, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the public -private partnership between the City of Kalispell, the Kalispell Golf Association and Flathead Community Foundation regarding donated capital for the financing and development of capital improvements to the real property described in the lease Exhibit "A" and operated as a municipal golf course. All parties are committed to the development of the Kalispell Municipal Golf Course that will preserve and improve this valuable asset as a public golfing KALISPELL MUNICIPAL GOLF COURSE FUNDING AGREEMENT Page 1 facility. In an effort to accomplish these objectives, the parties agree to work toward this common goal in a manner that permits prudent capital investment in the asset while recognizing the roles and responsibilities of each. 2. Term. This Agreement shall be effective the day and year first above written, and shall continue through the duration of the Lease attached as Exhibit "A", unless sooner terminated. 3. Donor Funding Mechanism. The Flathead Community Foundation shall gather donors' gifts intended to benefit the capital improvement and maintenance of the Kalispell Municipal Golf Course. The City shall make an application for funds which when approved by the Flathead Community Foundation Board of Directors will be distributed to the City for the requested purposes. 4. Development Responsibilities. Throughout the term of this Agreement, and pursuant to the lease between the parties, the City of Kalispell and the Kalispell Golf Association will meet for the purpose of determining each party's development responsibilities. The Flathead Community Foundation agrees that it will accept donations for the purposes of capital improvement and capital preservation projects to the Kalispell Municipal Golf Course. At a minimum, representatives of the City of Kalispell, the Kalispell Golf Association and the Flathead Community Foundation will meet at least once annually for the purpose of conferring about the golf course and this Agreement. 5. Insurance. Pursuant to the terms of the Lease, the Kalispell Golf Association will maintain liability insurance covering its construction activities which names the City of Kalispell as an additional named insured. It will also maintain liability insurance for those golfing activities which also names the City of Kalispell as an additional named insured. Coverage amounts will not be less than $1.5 million aggregate or less than $7,500,000 per occurrence unless the parties agree otherwise. The Kalispell Golf Association must also maintain general liability insurance coverage consistent with the City of Kalispell's normal requirements, as well as workers compensation coverage on its employees consistent with State law. 6. Modification. This Agreement may be modified by the parties by a written document signed by authorized representatives of the City of Kalispell, the Kalispell Golf Association and Flathead Community Foundation. 7. Mediation; Termination. In the event a party fails to perform its obligations under this Agreement, the other party may give written notification of the default in writing. The parties shall meet and confer with the intent of resolving the default, but in the event the default is not cured, or reasonable efforts are not underway to correct the default (in the opinion of either party), the dispute shall be submitted to mediation. In the event the parties are not able to agree upon a mediator, a mediator shall be appointed pursuant to the rules and regulations of the American Arbitration Association. The expenses of the mediator shall be shared equally by the parties. The parties may mutually agree to terminate this Agreement in writing at any time. KALISPELL MUNICIPAL GOLF COURSE FUNDING AGREEMENT Page 2 8. Miscellaneous. Improvements affixed to the real property may not be removed without the approval of the City of Kalispell. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. City of Kalispell, Montana ane Howington, City Mana Attest: Theresa White City Clerk Kalispell Golf Association oug u fm , President A ttnet- Flathead Community Foundation Marc Lorenzen, President Attest: /l'�1�II►r.r KALISPELL MUNICIPAL GOLF COURSE FUNDING AGREEMENT Page 3 STATE OF MONTANA ) ) ss. County of Flathead ) On this : day of 0 vove- v&,e,- 2009, before me, a Notary Public for the State of Montana, personally appeared Jane M. Howington and Theresa White, respectively, proved to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they each executed the same in their respective authorized capacities as City Manager and City Clerk of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. �.011j111111!®> A. F'(j�''� E�LOTA SEAL STATE OF MONTANA I ss. County of Flathead y Printed Name: , c� ; '--� � , `� NOTARY PUBLIC for the State of Montana Residing at: Q1 t My Commission expires: , On this day of 2009, before me, a Notary Public for the State of Montana, personally appeared Doug Kauffman and Terry Williams and proved to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they each executed the same in their respective authorized capacities as President and Secretary of the Kalispell Golf Association, a Montana not for profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. SEAL Printed Name: ' NOTARY PU�LIC for the State of Montana Residing at: CL-il %v a--t-47 My Commission expires: c -z KALISPELL MUNICIPAL GOLF COURSE FUNDING AGREEMENT Page 4 STATE OF MONTANA ) ss. County of Flathead P .Lewls On this 15 day of DeCcAAW�V" , 2009, before me, a Notary Public for the State of Montana, personally appeared Marc Lorenzen and AimrSaterke, and proved to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they each executed the same in their respective authorized capacities as President and Secretary of the Kalispell Community Foundation, a Montana not for profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. 'C MART, IA C. THOMSON Printed Name: Met V+ 1, (1, T NOTARY PUBLIC - MONTANA 9*!"NOTARIAL*'K NOTARY PUBLIC for the State of Montana slSEAL NO Gnoimt 4,pieo� Apt, 23, 2012 IResiding at: L'ake S ti 'r M111111KIII, My Commission expires: .14 KALISPELL MUNICIPAL GOLF COURSE FUNDING AGREEMENT Page 5 GIVING TOGETHER CREATES IMPACT Agency Fund INDEX 1. Agency Fund Agreement 2. Exhibit A: Guidelines 3. Exhibit B: Initial Advisor and Reporting 4. Notice of Advisor Change 5. Investment Allocation Form 6. Disclosures • •ilkI Lei GIVING TOGETHER CREATES IMPACT AGENCY FUND AGREEMENT This Agreement is made and entered into on the 17 day of December, 20 20, by and between the Whitefish Community Foundation, Inc. ("Community Foundation") a nonprofit Montana corporation and a community foundation and Kalispell Golf Association a nonprofit Montana corporation ("Agency") to create an Agency Fund. All contributions to this fund shall be governed by the terms of this Agreement. WHEREAS, the Agency, in the furtherance of Agency charitable purposes, deems it to be in the Agency's best interest to create an Agency Fund with the Community Foundation; WHEREAS, the Community Foundation is a nonprofit Montana corporation exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, and is an appropriate entity within which to establish such Agency Fund; and WHEREAS, the Community Foundation is willing and able to create such Agency Fund subject to the terms and conditions hereof. NOW, THEREFORE, the parties agree to the following terms: 1. Name of Fund. There is hereby established in the Community Foundation a fund sated as the Kalispell Golf Association Agency Fund (hereinafter referred to as the "Fund"). 2. Purpose of Fund. The primary purpose of the Fund is to benefit the Agency, which is a qualified charitable organization. The term "qualified charitable organization" as used herein shall mean an organization described in Section 501(c)(3) of the Internal Revenue Code, which is also described in Sections 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code (except for an organization that is Type III and not functionally integrated; and that primarily (more than 50%) benefits Montana communities and citizens. The Fund is intended to further or carry out the nonprofit purposes of the Agency to the extent that those purposes are consistent with the general nonprofit purposes of the Community Foundation. 3. Initial Gift. The Agency or a third party donor has made an irrevocable donation of $ 73,422.75 in cash or other assets to initiate the Fund. The initial gift shall be equal to or greater than fund minimum specified in the Agency Fund Guidelines (the "Guidelines") attached hereto as Exhibit A. Agency Fund Agreement 2/12/14 1 4. Additional Gifts. Any individual, corporation, trust, estate, or other legally recognized entity may make a gift, bequest, devise, or other transfer to the Community Foundation for the purposes of the Fund by a transfer to the Community Foundation of cash or other assets acceptable to the Community Foundation for the benefit of the Fund. All additional gifts, bequests, and devises made to the Community Foundation for the benefit of the Fund shall be irrevocable and subject to the terms and conditions of this Agreement. All additional gifts of cash shall be by check, certified check, or money order, payable to the Whitefish Community Foundation, Inc., and shall reference the Fund name on the check memo line. Except as provided herein, the Community Foundation does not solicit contributions to or otherwise provide marketing or fundraising services for the Fund. 5. Administrative Authority. The Community Foundation shall have all powers necessary, or in its sole discretion, desirable to administer and carry out the purpose of the Fund, including, but not limited to, the powers to retain, manage, sell, invest, and reinvest the Fund assets and its income in any manner as authorized by law, and the power to co - mingle the assets of the Fund with those of other funds for investment purposes. 6. Distributions. The amount, manner, and frequency of distributions from the Fund will be determined by the Community Foundation's Board of Directors ("Board") in compliance with the Guidelines in effect at the time of the proposed distribution. The named Advisor of the Agency (as defined herein at Section 12) may advise the Community Foundation with respect to distributions made pursuant to the terms of this Agreement. The Community Foundation shall be authorized to act upon said advice, but the advice is solely advisory, and the Community Foundation may accept or reject the advice applying reasonable standards thereto. Unless specified otherwise, distributions shall be made first from assets that are contributed to the Fund by the Agency ("Agency Funds") and then from assets that are contributed to the Fund by a third party donor ("Donor Funds"). If the Agency is dissolved or otherwise fails to be a qualified charitable organization, the Fund shall terminate and any funds remaining in the Fund shall be added to the permanent endowment fund of the Community Foundation. 7. Separate Accounting and Reporting. The Fund shall be accounted for separately and apart from other funds of the Community Foundation, but may be co -mingled with other assets of the Community Foundation for investment purposes. The Community Foundation shall provide the Agency at least annually with a written report showing the Fund's contributions, earnings, distributions, and fees. Agency Funds shall be held and accounted for separate from Donor Funds. 8. Substantiation and Acknowledgment: Upon accepting transfers of cash or other assets to the Fund, the Community Foundation will send a letter to the donor acknowledging the contribution. The letter serves as a receipt for tax purposes. The Community Foundation will also notify the Advisor when contributions are received from third parties. Unless otherwise indicated, the Community Foundation shall consider the donor to be the person or entity identified as the payor on the check or money order. Agency Fund Agreement 2/12/14 2 9. Other Reports: The Community Foundation issues an Annual Report. The Report lists all Agency Funds held by the Community Foundation. Copies of the Annual Report and information returns (IRS Form 990) are available upon request or on the web site at www.whitefishcommunityfoundation.org. The Annual Report includes the names of donors to the Community Foundation and the names of the Designated Funds at the Community Foundation, but the report does not specifically identify the donors that contributed to each Designated Fund. The Report may in the future, but does not currently list distributions from the Designated Funds. 10. Community Foundation as Owner of the Fund. The Fund shall be the property of the Community Foundation and owned by it in its corporate capacity. In such capacity, the Community Foundation shall have the ultimate authority and control of all assets in the Fund, and the income from the Fund for the charitable purposes of the Community Foundation. The assets in the Fund, whether cash or other property, are not held in trust for the Agency. For accounting purposes only, Agency Funds shall be held as a liability of the Community Foundation. 11. Compensation to Community Foundation and Other Expenses. The Community Foundation carries out the distribution and financial reporting responsibilities necessary to maintain the Fund and shall charge the Fund an administrative management fee and other associated expenses. The fee is specified in the Guidelines, and the fee may be periodically modified by an amendment to the Guidelines adopted by the Board of Directors of the Community Foundation. Said fee shall be reasonable and in keeping with the fees that community foundations customarily charge. 12. Advisors. An Advisor is a named representative of an the Agency who has been appointed by the Agency to advise the Community Foundation as to the desired reinvestment or grants, and expenditures or distributions. The Agency may appoint successor Advisors upon written notification to the Community Foundation of the named successor Advisor. An Agency may name more than one Advisor, but in doing so must disclose if the Advisors must act jointly or may act individually on behalf of the Fund. An Agency may remove an Advisor or successor Advisor by providing written notice of the removal to the Community Foundation and if possible the acknowledgement or acceptance of the removal by the Advisor so named. Any Advisor or successor Advisor must provide written acknowledgement to the Community Foundation of his or her acceptance of the duties of Advisor. All Advisors, whether initial or successor, consent to and agree to be subject to the terms of this Agreement. The Community Foundation shall be entitled to rely upon the written appointment of Advisor as conclusive evidence of the Advisor's authority to make distribution recommendations on behalf of the Agency. The initial Advisor(s) are identified in Exhibit B. If the Agency, Advisor, or successor Advisors are not available or able to act under the terms of this Agreement then the Fund shall terminate and any funds remaining in the Fund shall be added to the permanent endowment fund of the Community Foundation. 13. Variance Power. The Fund is subject to the variance power described in Treas. Reg. Sec. 1. 170A-9(f)(I 1)(v)(B)(1), as amended from time to time. Pursuant to the variance power, the Board shall have the power to modify any restriction or condition on the Agency Fund Agreement 2/12/14 3 distribution of funds for any specified charitable purpose or to specified organizations, if in their sole judgment (without the approval of any advisor, 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 by the Community Foundation. 14. Continuity of the Fund and Default. It is intended that the Fund continue in perpetuity, or until such time as the value of the assets in the Fund are depleted below the Fund Minimum as set forth in the Guidelines, or distributed to another fund pursuant to Section 6, Section 12, or Section 16. 15. Legal Compliance. The Agency agrees and acknowledges that the establishment of the Fund is made subject to the terms and conditions of the Articles of Incorporation and Bylaws of the Community Foundation, as from time to time amended, and the Guidelines as have been adopted by the Board and thereafter amended from time to time. Notwithstanding anything herein to the contrary, the Community Foundation is subject to and shall hold and administer the Fund and all contributions to the Fund pursuant to the laws of the state of Montana including the Montana Nonprofit Corporation Act and the Montana Uniform Prudent Management of Institutional Funds Act, and shall further be subject to all federal law, including, but not limited to the United States Treasury Department Regulations and the Internal Revenue Code. The Agency shall maintain its status as a qualified charitable organization (as defined below), and shall comply with all applicable federal, state, and local laws. 16. Dissolution. If the Community Foundation ceases to be a qualified charitable organization, or if the Community Foundation proposes to dissolve, then the assets of the Fund, after payment or making provision for payment of any liabilities properly chargeable to the Fund, shall be distributed to the Agency; provided, however, that if the Agency is not then a qualified charitable organization, then said assets shall be distributed to such qualified charitable organization or organizations as the Board of Directors of the Community Foundation in its sole discretion determines serves purposes similar to those of the Agency. 17. Privacy Policy. The Community Foundation does not share its mailing list or other information about its donors with the Agency. This Agreement is subject to the Privacy Policy of the Community Foundation, a copy of which is available at the Community Foundation office. 18. Liability. The Community Foundation, its officers, directors, employees, and agents shall not be liable to the Agency for any loss or damage to the Fund, including, but not limited to any depreciation in the value of the Fund. 19. Entire Agreement. This Agreement and the Exhibits attached hereto are the entire Agreement between the parties, and supersede all previous negotiations, commitments, and writings. 20. Applicable Law. This Agreement shall be governed by and construed under the laws of the state of Montana. Agency Fund Agreement 2/12/14 4 21. Binding Effect. This Agreement shall be binding upon the parties, their successors and assigns. 22. Severability. If any term or provision of this Agreement shall be held to be invalid or unenforceable for any reason, that term or provision shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining terms and provisions, and this Agreement shall be construed as if such invalid or unenforceable term or provisions had not been included. In the event that any term or provision is held to be valid or unenforceable, or in the event that any term or provision shall be found to be inconsistent with any policy of the Community Foundation, the Agency and the Community Foundation shall promptly meet to negotiate substitute terms and provisions for those found to be invalid, unenforceable or inconsistent. IN WITNESS WHEREOF, this Agreement is signed this day of AGENCY BY: PRINT NAME: Steve Dunfee TITLE: Manager, Kalispell Golf Association ADDRESS: 1176 N. Main Street/ P.O. Box 1116 Kalispell, MT 59903-1116 BY: PRINT NAME: Doug Russell TITLE: Kalispell City Manager ADDRESS: 201 1st Avenue East Kalispell_ MT 59901 WHITEFISH COMMUNITY FOUNDATION, INC. BY: PRINT NAME: Linda Engh-Grady TITLE: President, Whitefish Community Foundation ADDRESS: PO Box 1060 Whitefish, MT 59937 Agency Fund Agreement 2/12/14 5 GIVING TOGETHER CREATES IMPACT Agency Fund Guidelines These Guidelines are incorporated by reference in the Whitefish Community Foundation Agency Fund Agreement, and they apply to all Agency Funds. Any Agency Fund ("Fund") established with the Whitefish Community Foundation ("the Community Foundation") shall be subject to the following terms and conditions: 1. Administrative Fees —The Community Foundation shall receive a fee for services based on the average quarterly balance in the Fund during each calendar year. Fees are charged quarterly. • For a Fund with a value up to and including $1,000,000, the annual fee is 1% of the average ending quarterly balance, with a minimum fee of $100 per year. • For a Fund with a value over $1,000,000 the annual fee is .5%. • If any Agency has more than one fund established with the Community Foundation (including, but not limited to an Agency Fund, and Agency Endowment Fund or an Agency Capital Endowment Fund), the annual fee shall be established based on the aggregate value of all of the Agency's funds • Administrative fees will be allocated between Agency Fund accounts and Donor Fund accounts on a proportionate basis 2. Distributions — Distributions from the Fund will be made upon written request from the Fund Advisor, subject to the following: The amount of the distribution shall be determined by Community Foundation based on the following factors: (a) the duration and preservation of the Fund; (b) the purposes of the Community Foundation and the Fund; (c) general economic conditions; (d) the possible effect of inflation or deflation; (e) the expected total return from income and the appreciation of investments; (f) other resources of the Community Foundation; (g) the investment policy of the Community Foundation; and (h) any other factors deemed relevant by the Community Foundation. • Upon request of the Fund Advisor or at the discretion of the Community Foundation, any distribution may be reinvested 3. Fund Affnimum —A Fund maybe opened with a $15,000 minimum. A minimum balance of $15,000 must be maintained. If the Fund balance at any time is less than $15,000, the Community Foundation shall give written notice to the Advisor. The Agency shall have EXHIBIT A 2/12/14 iEm"ej ALIA11051011111 Ifi• .. • GIVING TOGETHER CREATES IMPACT 30 days from the date of the written notice to restore the Fund balance to the minimum amount of $15,000. If the Agency fails to restore the Fund balance to at least $15,000 within the 30 day period, the Community Foundation shall terminate the Fund and assets of the Fund shall be distributed to the permanent endowment fund of the Community Foundation. 4. Amendment - THESE GUIDELINES MAY BE SUPERSEDED, MODIFIED, REVOKED, REVISED, SUSPENDED, OR TERMINATED AT THE SOLE DISCRETION OF THE BOARD OF DIRECTORS OF THE COMMUNITY FOUNDATION AT ANY TIME WITH OR WITHOUT NOTICE. EXHIBIT A 2/12/14 i iik' GIVING TOGETHER CREATES IMPACT Initial Advisor Information and Reporting Form Reports will be sent at least annually to the Fund Advisors. Reports will be sent to the advisor(s) at the following address(s). Advisor(s) of the Fund will notify the Foundation of any changes. NAME OF FUND:. Kalispell Golf Association Agency Fund ... . .... .......... . .... Advisor Name:. Steve Dunfee, Manager, Kalispell Golf Association .. ... .. . .... . .... . .. Address: .1.176.N, Main.$treet,,P.O..Box,1116.................................................. City, State, Zip:.. Kalispell, MT.59903-11.16.................................................... Telephone Business: .406-756-4545............. ........ Home: ............................................... ..... Email:. stevd a�golfbuffalohill.com................................................................ ....... ...................... Advisor Name: ..Doug ......................... Russell ............................................ Address: ..201 1st Avenue East..................................................................... City, State, Zip:. Kalispell, MT.599D............................................................. Telephone Business:. 406 ,758-7701 ............. Home:.............................................. . Email:. drusse 1&414.01.com.................................................................... If two advisors (Initial one) Acting jointly Acting jointly or individually Additional Reports. - Name: ................................................................................................... Address: ................................................................................................ City, State, Zip: ....................................................................................... Signature: .......................................... ............................................. (Advisor) Steve Dunfee (Advisor) Doug Russell Date................................................ Date ........................................ Exhibit B • dik- GIVING TOGETHER CREATES IMPACT Notice of Change of Agency Fund Advisor Nameof Fund: ............................................... ......................................... Address: ................................................................................................ City, State, Zip: ....................................................................................... Corporate/LLC Position(s) authorized to act as Advisor ...................................... *Name of new Advisor(s)........................................................................... Address: ................................. ............................................................... City, State, Zip: ....................................................................................... Telephone: .......................... Email:......................................................... Name of outgoing Corporate/LLC Advisor(s):................................................... Signed............................................................. Date........................... (Donor) Signed............................................................. Date........................... (Outgoing Advisor) Signed............................................................. Date........................... (New Advisor) *Board Resolution or Minutes noting name of new advisor must accompany this form. INVESTMENT ALLOCATION OPTIONS INVESTMENT ALLOCATION Please indicate your recommended investment allocation below. Name of Fund Kalispell Golf Association Whitefish Community Foundation offers a variety of investment options, each of which is designed to meet a range of philanthropic goals and time horizons. Each of our investment pools are carefully designed to maximize return and minimize volatility. Investments are monitored regularly by the community foundation's experienced investment committee, consultant, and staff. As a fund advisor, you may allocate to one or more investment pools, and you may change the investment allocation once per year or upon a significant change in charitable goals and time horizon for depleting the fund. The community foundation will maintain your fund's investment allocation through regular monthly rebalancing. If no allocation choice is made, the Capital Preservation Pool will be selected by the Investment Committee. Long -Term Growth Pool time horizon 10 years or more 50 % Balanced Pool time horizon 5 years or more 50 % Spend Down Pool time horizon 1 to 3 years % S&P 500 Index Fund time horizon 5 years or more Long Term Capital Growth 77%equity, 22%fixed income, 1%cash Balanced mixture of safety, income, and capital appreciation 51.5% equity, 46.5% fixed income, 2% cash Stability of Principal Combination of money market, certificates of deposit, and other liquid short term securities Vanguard S&P 500 ETF (VOO) to 100% equity Future contributions will be invested according to the allocation specified above. Investment allocations can be changed through written instruction once per year or upon a significant change in charitable goals and time horizon for depleting the fund. Please contact the community foundation at linda@whitefishcommunityfoundation.org or call 406-863-1781 if you have questions or need additional information. Fund Advisor Signature: Date: P.O. Box 1060 • Whitefish, Montana 59937 •406.863.1781 • Fax 406.863.2628 • www.whitefishcommunityfoundation.org GIVING TOGETHER CREATES IMPACT 2021 DISCLOSURE STATEMENT Foundation Staff Linda Engh-Grady, President Darla Perez, Vice President of Finance and Operations Lynnette Donaldson, Program and Outreach Officer Foundation Board of Directors Committee designations are indicated in parentheses: Executive Committee (EC), Nominating/Governance (GV), Grants (GR), Investment (IV), Audit (AD), Scholarship (S), Kids Fund (KF) Linda Maetzold, Board Chair (EC, AD, GR) David Dittman, Board Vice Chair (EC, AD, IV) Greg Garrison, Secretary/Treasurer (EC, AD, IV) Jay Latimer, Assistant Treasurer (AD, IV) Jeff Allen (IV, GR) Carol B. Atkinson (S, GR) Betsy Bayne (GR, S) Janice Case (IV) John Collins (EC, IV) Gordon Cross (GR, KF) Sherry Lesar (KF, GR) Maureen McKeever (KF) Monica Pastor (EC, GR, S) Doug Reed (GR) Mike Shaw (IV) Jamie Sherman (EC, GV, IV) Ken Wessels (IV, GV) Ardy Whisler (GR) John Witt (IV) The following non -board members also serve on the Foundation Committees: Diane Conradi (S) Thomas Quinn (GR) Shawn Watts (GR) Investment Managers Lori Miller (S) Kristin Tabor (GR) Mason Investment Advisory Services, Inc. 1130 Sunrise Valley Drive, Suite 200, Reston, VA 20191 Auditor Tony Vanomy, JCCS, CPA's Kalispell, MT Administrative Fees Accountant Sallie Brown, JCCS, CPA's PC, Whitefish, MT Whitefish Community Foundation charges a fee for services based on the average quarterly balance in the Fund during any given calendar year. Fees are charged quarterly. • Donor Advised Funds: Fee starts at .60% or $200, whichever is higher. For funds over $500,000 the fee is based on a sliding scale. See Donor Advised Fund Guidelines. • Designated, Endowment, Annuity, and Agency Funds: Fee starts at 1% or $200. For funds over $1M, the fee is .50%. • Additional investment fees are charged for invested assets. P.O. Box 1060 • Whitefish, Montana 59937 • 406.863.1781 • Fax 406.863.2628 • contact@whitefishcommunityfoundation.org