6.     Directors of the Corporation are to appointed or elected in accordance with Article III of the By-Laws.

7.     The Corporation may determine by its By-Laws the number of directors, which may from time to time be fixed at a number other than that named in these Articles of Incorporation but shall never be less than the minimum number required by applicable law.

8.     None of the members of the Board of Directors shall receive any compensation for serving in that capacity. However, any person may be paid such compensation for services rendered to the Corporation (other than serving as a director) as the Board of Directors shall from time to time deem reasonable, and any person may be reimbursed for any expenses, disbursements or liability made or incurred by such person for or on account of the Corporation or in connection with the management and conduct of the affairs of the Corporation. The provisions of this Paragraph shall not be deemed to exclude any right of any director, officer or employee to indemnification as may be provided in the By-Laws of this Corporation and authorized by the Corporations and Associations Article of the Annotated code of the State of Florida.

9.     The Corporation shall not be conducted or operated for profit. No part of the net earnings of the Corporation shall inure to the benefit of or be distributed to any director, officer, contributor or private individual nor shall any of such net earnings of the property or assets of the Corporation be used other than for the purposes set forth herein.

10.   In any taxable year in which the Corporation is a private foundation as described in Section 509(a) of the Code, the Corporation shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Code, and the Corporation shall not (i) engage in any act of self-dealing as defined in Section 4941 (d) of the Code, (ii) retain any excess business holding as defined in Section 4943(c) of the Code, (iii) make any investments in such manner as to subject the Corporation to tax under Section 4944 of the Code, of (iv) make any taxable expenditures as defined in Section 4945(d) of the Code or corresponding provisions of any subsequent Federal tax laws.

II.     In the event of dissolution, liquidation or winding up of the Corporation, whether voluntary or involuntary, or by operation of law, the assets of the Corporation shall be distributed to The Sunshine Cathedral, Metropolitan Community Church, Inc., to be used exclusively to carry out the objects or purposes of that organization, provided that The Sunshine Cathedral, Metropolitan Community Church, Inc.. is at such time an organization described in Section 501(c)(3) and an organization other than a private foundation within the meaning of Section 509(a) of the Code. In the event The Sunshine Cathedral, Metropolitan Community Church, Inc. ceases to exist or to be so described, the assets of the Corporation on any such dissolution shall be distributed in such manner and to such qualified organizations as the Board of Directors shall determine. In the event any of such assets are not so distributed, the Board of Directors shall petition the State Court having jurisdiction with respect to the Corporation. and request such Court to distribute such assets exclusively for the purposes of the Corporation or to such qualified organization or organizations as said Court shall determine.

12. (a) Any person who is or who has served as a Director or Officer of the Corporation, or at its request, or any other corporation, partnership, joint venture, trust or other enterprise, shall be indemnified and held harmless by the Corporation against any and all liabilities, costs and legal or other expenses, including, without limitation, fines, penalties, judgments and amounts paid in settlements, reasonably incurred by or impressed upon such person in connection with or resulting from any claim, action, suit or proceeding, civil, criminal, administrative or investigative, to the full extent permitted by Section 2-418 of the Corporations and Associations Article, as amended, or by any successor.

       (b) Agents and employees of the Corporation who are not Directors or Officers of the Corporation may be indemnified under the same standards and procedures set forth above, at the discretion of the Board of Directors of the Corporation.

13. The Corporation reserves the right to amend, change or repeal any of the provisions contained in the Articles of Incorporation in the manner now or hereafter prescribed by the General Laws of the State of Florida and in accordance with the By-Laws of the Corporation; provided, however, that any such action shall be calculated exclusively to carry out the objects and purposes for which the Corporation is formed and must be confirmed by the Board of the Sunshine Cathedral, Metropolitan Community Church, Inc..

14. The Corporation shall have perpetual existence.

15. The names and addresses of the incorporators who are members of The Board of the Sunshine Cathedral, Metropolitan Community Church, Inc., as follows:

       (signed)      Pastor Grant Lynn Ford, Moderator

                        Teri Solis

                        Roberta D. Schuler

                        Rosemary Anderson

                        Robert M. DeCamillo, Vice Moderator

                        Clee Allen Farr

                        Gregory Kurdian

                        David A. Roosa

                        Wayne Stayton

       Filed:         15 March 1999   PH 12:43

       ------------------------------------------------

I certify the attached is a true and correct copy of the Articles of Incorporation of THE SUNSHINE CATHEDRAL FOUNDATION, INC., a Florida corporation, filed on March 15, as shown by the records of this office.

       Document number N99000001758

Given under the hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-second day of March, 1999

(signed) Katherine Harris, Secretary of State.

Amended — Name Change

Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not for Profit Corporation adopts the following amendments(s) to its Articles of Incorporation:

New Corporate Name: Sunshine Community Foundation, Inc.

The amendment was adopted by the board of directors.

(signed)             Jim Pamplin, chairperson (formerly ‘president’)

       ------------------------------------------------

I certify the attached is a true and correct copy of the Articles of Amendment filed on March 20, 2008, to Articles of Incorporaton for THE SUNSHINE CATHEDRAL FOUNDATION, INC. which changed its name to SUNSHINE COMMUNITY FOUNDATION, INC., a Florida corporation, as shown by the records of this office.

            Document number N99000001758

Given under the hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fourth day of March, 2008

(signed) Kurt S. Browning, Secretary of State.

Bylaws of the Sunshine Community Foundation, Inc.

Revised April 2008

ARTICLE I — BYLAWS AND PURPOSES

Section 1. ByLaws. These bylaws shall be construed so that the Sunshine Community Foundation, Inc.* (The Foundation) will qualify with the status of an organization exempt from Federal income tax under Section 501(c)(3) of the IRS Code and is other than a private foundation within the meaning of Section 509(a) (1) or (2) of the Internal Revenue Code of the 1996, as amended (the “Code”) and no provision of these bylaws shall apply to the extent that said provision would prevent the Foundation from so qualifying.

Section 2. Purposes The purposes of The Foundation are those stated in the Articles of Incorporation.

ARTICLE II — OFFICES

Section 1. Principal Office. The principal office of The Foundation in the State of Florida shall be located in the County of Broward.

Section 2. Registered Office. The registered office of The Foundation is to be maintained in the State of Florida and may be, but need not be, identical with the principal office in the State of Florida and the address of the registered office may be changed from time to time by the Board of Governors.

ARTICLE III — GOVERNORS

Section 1. Duties of Governors.  The business and affairs of The Foundation shall be managed by its Board of Governors.

Section 2. Number, Tenure and Qualifications. The number of Governors which shall constitute the whole Board of Governors shall be not less than six plus one ex-officio. The Governors shall be appointed initially by the Board of the Sunshine Cathedral, Inc., 501(c) 3, and thereafter by election by the serving Foundation Board Members. Each Governor shall stand for re-election at the annual meeting and may be re-elected for any number of terms. Governors need not be officers of the corporation.  Notwithstanding the difference in the designation of Governors, the Governors shall in all other respects be identical and references in these bylaws to "Governors" or the "Board of Governors" shall be deemed to refer collectively to the Governors. The ex-officio member shall be the Senior Pastor of the Sunshine Cathedral MCC, or the designee. The ex-officio member of the Board has full Board privileges including voting.

Section 3. Additions to Board. Board members are added by a total vote of all board members then in office, and present at the meeting, providing there are no more than two negative votes against the candidate for that board position. For this and all other purposes, “participation in a meeting” may include participation by telephone or other electronic means, as long as all Governors participating can simultaneously hear each other during the meeting. Governors must be confirmed by The Board of the Sunshine Cathedral, Inc.

Section 4. Annual Meeting. The annual meeting of the Board of Governors shall be held, without other notice than this bylaw, on the second Thursday in January.

Section 5. Regular and Special Meetings. Meetings of the Board of Governors may be called by or at the request of the Chair or any three Governors. Regular meetings are to be held on an ongoing basis as decided by a majority of the Board of Governors.

Section 6. Notice. Notice of Board meetings shall be given to each Governor, in person, by telephone, by e-mail, by fax or by mail, at least five (5) days prior to the date designated therein for such meetings. Any Governor may waive notice of any meeting.  The attendance of a Governor at any meeting shall constitute a waiver of notice of such meeting, except where a Governor attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.  Neither the business to be transacted at, nor the purposes of any regular or special meeting of the Board of Governors need be specified in the notice or waiver of notice of such meeting.

Section 7. Quorum. A majority of Governors in office shall constitute a quorum for the transaction of business at any meeting of the Board of Governors. If less than a majority of Governors are present at any meeting of the Board of Governors, a majority of the Governors present may adjourn the meeting. The act of the majority of the Governors present at a meeting at which a quorum is present shall be the act of the Board of Governors. The Board may participate in and act at any meeting through the use of a conference telephone or other communications equipment, provided that a majority of the Board consent to such form of meeting and that a written record of such action and meeting are made a permanent part of The Foundation’s records.

Section 8. Resignations. Any Governor may resign at any time by giving written notice to the Board of Governors, the Chair or to the Secretary of the corporation. A resignation need not be accepted in order to be effective.

Section 9. Informal Action by Governors. Any action required to be taken at a meeting of the Board of Governors, or any other action which may be taken at a meeting of the Board of Governors or a committee thereof, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the Governors entitled to vote with respect to the subject matter thereof, or by all the members of such committee, as the case may be. Any such consent signed by all the Governors shall have the same effect as an unanimous vote, and may be stated as such in any document filed with any third party, including but not limited to, the Florida Secretary of State, any bank or savings and loan association, Internal Revenue Service, Florida State Department of Revenue, Broward County Recorder's office and the Florida Attorney General.

Section 10. Loans Prohibited. No loans shall be made by The Foundation to any Governor.

Section 11. Presumption of Assent. A Governor of The Foundation who is present at a meeting of the Board of Governors at which action on any Foundation matter is taken shall be conclusively presumed to have assented to the action taken unless his/her dissent shall be entered in the minutes of the meeting or unless he/she shall file his/her written dissent, abstention, or “present but not voting” to such action with the person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Governor who voted in favor of such action.

Section 12. Removal of Governors. One or more of the Governors of the corporation may be removed, with or without cause, by the vote of a majority of the board members which elected such at a meeting called for that purpose.

Section 13. Committees. A majority of the Governors may create both ad hoc and standing committees and appoint members of the Board to serve on the committee or committees. Each committee shall have three or more persons of which at least one is a board member.

ARTICLE IV — OFFICERS

Section 1.  Number.  The officers of the corporation shall be chosen by the Board of Governors and shall include a Chair, President, Secretary, and Treasurer. They may also include one or more Vice Chairs, and one or more Assistant Secretaries and Assistant Treasurers. Any number of offices may be held by the same person except the offices of Chair, President, Secretary and Treasurer.         

Section 2. Election and Term of Office. The officers of the corporation shall be elected annually by the Board of Governors at the annual meeting, subject to ratification of The Sunshine Cathedral Board. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as may be convenient. Vacancies may be filled or new offices created and filled at any meeting of the Board of Governors, subject to ratification by The Sunshine Cathedral Board. Each officer shall hold office until a successor shall have been duly elected and shall have qualified or until resignation, death, incapacity, disqualification or removal. Election or appointment of an officer or agent shall not of itself create contract rights.

Section 3. Compensation. The Board of Governors, by the affirmative vote of a majority of Governors then in office shall have authority to establish reasonable compensation for services to the corporation.

Section 4. Resignations. Any officer may resign at any time by giving written notice to the Board of Governors or to the Chair or Secretary. A resignation of an officer need not be accepted in order to be effective. Resignation as an officer need not affect Board membership.

Section 5. Removal. Any officer or agent elected or appointed by the Board of Governors may be removed by the Board of Governors whenever in its judgment the best interests of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed.

Section 6. Vacancies. A vacancy in any office because of resignation, death, incapacity, disqualification, removal or otherwise may be filled by the Board of Governors for the unexpired portion of the term, subject to the ratification of The Sunshine Cathedral Board.

Section 7. Duties of Officers. The duties and powers of the officers shall be as follows:

Chair of the Board — The Chair of the Board shall be responsible for the strategic planning, supervision, control and direction of the business of the corporation. The Chair shall preside at all regular meetings of the members of the Board of Governors, if unable to do so, the Vice-Chair will preside. Also, the Chair may call special meetings of the Board of Governors from time to time and may sign with the Secretary, or any other proper officer of The Foundation thereunto authorized by the Board of Governors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Governors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Governors or by these bylaws to some other officer or agent of The Foundation, or shall be required by law to be otherwise signed or executed, and in general shall perform all duties incident to the office of Chair of the Board and such other duties as may be prescribed by the Board of Governors.

President & CEO — The President and CEO is the senior compensated staff person and the chief executive officer of The Foundation and reports to the Chair of the Board of Governors.  The President may sign official Foundation papers in the absence of the Chair, but only those authorized by the Board of Governors.  The President and CEO may not serve as a member of the Board of Governors and may not sign checks, drafts or other orders for payment of money.  The Board of Governors shall maintain a comprehensive position description for the President and CEO, separate from these Bylaws, which will include; conditions of employment, authorities, responsibilities, reporting and activities.

Vice-Chairs — The Vice-Chair, if there shall be one, or if there shall be more than one, the Vice-Chairs in the order determined by the Board of Governors (or if there be no such determination, then in the order of their election), shall, in the absence, disability or refusal act as Chair, perform the duties of the Chair, and when so acting, shall have all power of and be subject to all the restrictions upon the Chair of the Board.

Secretary — The Secretary shall:  (a) keep the minutes of the meeting of the Board of Governors and committees of Governors in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these bylaws or as required by law; (c) be custodian of the corporate records of the seal of the corporation and see that the seal of the corporation is affixed to all documents, if necessary, the execution of which on behalf of The Foundation under its seal, if necessary, is duly authorized in accordance with the provisions of these bylaws; and (d) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by Chair or by the Board of Governors.

Treasurer — The Treasurer shall:  (a) have the charge and custody of and be responsible for all funds and securities of The Foundation; (b) receive and give receipts for moneys received and paid to the Foundation from any source whatsoever, and deposit all such moneys not otherwise employed in the name of the corporation in such bank, savings and loan association, trust company or other depositories as shall be selected in accordance with the provision of Article VI of these bylaws and (c) in general perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned by the Chair or the Board of Governors. If required by the Board of Governors, the Treasurer shall give a bond for the faithful discharge of duties in such sum and with surety or sureties as the Board of Governors shall determine.

Assistant Secretaries and Assistant Treasurers — Assistant Secretaries and Assistant Treasurers need not be members of the Board of Governors. The Assistant Treasurers and Assistant Secretaries, in general, shall perform such duties as shall be assigned to them from time to time by the Treasurer or the Secretary, respectively, or by the Chair or the Board of Governors. The Assistant Treasurers, if required by the Board of Governors, shall give bonds for faithful discharge of their duties in sums and with sureties as the Board of Governors shall determine.

ARTICLE V — CONTRACTS, LOANS, CHECKS AND DEPOSITS

Section 1. Contracts. The Board of Governors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instruments in the name of and behalf of the corporation and such authority may be general or confined to specific instances.

Section 2. Loans. No loans shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Governors. Such authority may be general or confined to specific instances.

Section 3. Checks, Drafts, and Encumbrances . All checks, drafts or other orders for the payment of funds, or evidences of indebtedness, such as notes, mortgages or other encumbrances issued in the name of the corporation, shall be signed by such officer or officers, agent or agents, of The Foundation and in such a manner as shall from time to time be determined by resolution of the Board of Governors.

Section 4. Deposits. All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such bank, savings and loan association, trust company or other depositories as the Board of Governors may select.

Section 5. Gifts. The Board of Governors may accept on behalf of The Foundation any contribution, gift bequest or devise for the general purposes or for any special purposes of the corporation. Such acceptance must be in accordance with the “Gift Acceptance and Administration Policy” adopted by The Foundation.

ARTICLE VI — VOTING OF SECURITIES

The Chair shall have full authority, in the name and on behalf of The Foundation, to attend, act and vote at any meeting of security holders of any corporation in which the corporation may hold securities, and at any such meeting shall possess and may exercise any and all rights and powers incident to the ownership of such securities and which, as the holder thereof, the corporation might possess and exercise if personally present, and may exercise such power and authority through the execution of proxies or may delegate such power and authority to any other officer, agent or employee of The Foundation.

ARTICLE VII — LIABILITY AND INDEMNIFICATION
OF GOVERNORS

(a)   The Governors of The Foundation shall have limited personal liability to the full extent permitted by the State and Federal Law, as now in effect or later amended, or otherwise permitted by law. Specifically and without limiting the foregoing provision, the Governors of the Corporation shall have no personal liability to the Corporation or its members for monetary damages as a result of any breech of fiduciary duty, except for (a) a breach of the Governor’s duty of loyalty to the Corporation or its members, (b) and act or omission not in good faith or which involves intentional misconduct or a knowing violation of law, or (c) a transaction from which the Governor derived an improper personal benefit, or (d) malfeasance.

(b)   The Foundation shall indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit, or proceeding, whether civil, criminal, administrative or investigate (other than action by or in the right of The Foundation) by reason of the fact that he/she is or was a Governor, officer, member, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorney's fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him/her in connection with such action, suit, or proceeding if  he/she acted in good faith and in a manner that is reasonably believed to be in or not opposed to the best interests of the Foundation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his/her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or plea of nolo contendere or its equivalent, shall not, of itself create a presumption that the person did not act in good faith and in a manner in which he/she reasonably believed to be in and not opposed to the best interest of the Foundation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was unlawful.

(c)   The Foundation shall indemnify any person who was or is party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of The Foundation to procure a judgment in its favor by reason of the fact that he/she is or was a Governor, officer, member, employee or agent of The Foundation, or is or was serving at the request of The Foundation as a Governor, officer, member, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees) actually and reasonably incurred by him/her in connection with the defense or settlement of such action or suit if he/she acted in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interests of The Foundation and except that no indemnification shall be made in a respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for gross negligence or misconduct in the performance of his/her duty to The Foundation unless or only to the extent that the court in which such action or suit is finally adjudicated shall determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.

(d)   Anything in paragraphs (b) or (c) of this Article to the contrary notwithstanding, to the extent that any person referred to therein has been successful on the merits or otherwise in defense of action, suit or proceedings referred to therein or in defense of any claim, issue or matter therein,  he/she shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him/her in connection therewith.

(e)   Any indemnification under paragraphs (b) and (c) of this Article (unless ordered by a court) shall be made by The Foundation only as authorized in the specific case upon a determination that the indemnification on the Governor, officer, member, employee or agent is proper in the circumstances because he/she has met the applicable standard of conduct set forth in paragraphs (b) and (c). Such determination shall be made (i) by the Board of Governors by a majority vote of quorum (as defined in the bylaws of The Foundation) consisting of Governors who are not parties to such action, suit or proceeding or (ii) if such quorum is not obtainable, or, even is obtainable, a quorum of disinterested Governors so directs, by independent legal counsel in a written opinion.

(f)    Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by The Foundation in advance of the final disposition of such action, suit or proceeding, as authorized by the Board of   Governors in a specific case upon receipt of an undertaking by or on behalf of the Governor, officer, member, employee or agent to repay such amount unless it shall ultimately be determined that he/she is entitled to be indemnified by The Foundation.

(g)   The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any statute, bylaw, agreement or disinterested Governors or otherwise, both as to action in his/her official capacity and as to action in as to a person who has ceased to be a Governor, officer, member, employee or agent and shall inure to the benefit of his/her successors in interest, including but not limited to his/her trustee, heirs, executors and administrators.

(h)   The Foundation shall have power to purchase and maintain insurance on behalf of any person who is or was a Governor, officer, member, employee or agent of The Foundation, or is or was serving at the request of The Foundation as a Governor, officer, member, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him/her and incurred by him/her in any such capacity or arising out of his/her status as such, whether The Foundation would have the power to indemnify him/her against such liability under the provisions of this Article.

ARTICLE VIII — SEAL

The Board of Governors may provide a corporate seal which shall have inscribed thereon words, "Corporate Seal, Florida".

ARTICLE IX — WAIVER OF NOTICE

Whenever any notice is required to be given under the provisions of these bylaws or under the provision of the Articles of Incorporation, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

ARTICLE X — AMENDMENTS

These bylaws may be altered, amended or repealed and new bylaws may be adopted by a three-fourths (3/4) vote, and must be confirmed by The Board of the Sunshine Cathedral, Inc.

ARTICLE XI — HERITAGE BOARD OF GOVERNORS

The Heritage Board was formed to honor and continue to involve all former members of the Board of Governors. These Governors are invited to attend Board meetings with voice privileges but not vote. These Governors shall receive minutes of all board meetings, will be asked to serve on Standing and other Committees, will be invited to attend all Foundation functions and will be asked to continue to support the Foundation with their time, talent and treasure.

Gift Acceptance and Administration

Acceptance of Gifts

In general, it is the policy of Sunshine Community Foundation  (hereinafter referred to as the “Foundation”), to offer donors the opportunity to make lifetime or testamentary gifts. It is also the policy of the Foundation to provide acknowledgment of all gifts meeting Internal Revenue Service substantiation requirements.

The purpose of establishing these Gift Acceptance Policies are twofold.  First, the policies will provide parameters within which the Foundation staff and volunteers shall function in promoting gifts that would be acceptable to the Foundation and in discussing such gifts with interested donors.  Second, the policies identify limitations for gifts offered to the Foundation and warns as to the risks associated with certain classes of gifts.

Unless otherwise specifically provided herein, exceptions and/or revisions may be made to these Gift Acceptance Policies by a majority of the members of the Board upon the advice of the Gift Acceptance Committee.

Priority of Donor’s Interest and Confidentiality

The interest of the donor shall have priority over the interest of the Foundation.  No irrevocable gift, whether outright or life-income in character, will be accepted if, under any reasonable set of circumstances, the gift would jeopardize the donor’s financial security.  Agents or representatives of the Foundation must make full disclosure to the donor on all aspects of benefits and liabilities of which they are aware that may reasonably be expected to influence the decision of the donor to make gifts to the Foundation.  Notwithstanding the foregoing, gifts of a nature that would be inconsistent with the goals and objectives of the Foundation are not to be accepted.

Information concerning donors and prospective donors, including names, names of beneficiaries, amount of gift, size of estate, etc., can be revealed by the Foundation and its authorized personnel unless a donor, or, in the case of a testamentary gift, an executor, beneficiary, or close family member, refuses permission to announce publicly any gift  to the Foundation.

Conflict of Interest Disclosure:            Each member of the Foundation’s Board of Directors must notify the President of the Board of any conflict of interest between the Director and a contract or transaction under consideration by the Directors.  The interested Director shall make full disclosure of all information known to the Director concerning such transaction and the member shall abstain from any vote pertaining to such matters.  Directors and the Foundation staff also will disclose to donors any conflict of interest involving the donor’s gift and/or its management.

Donor’s Professional Counsel

Recognizing the array of professional expertise required to plan a charitable gift and avoiding even the appearance of a conflict of interest, the Foundation staff members will always encourage donors to seek their own professional counsel.

The Foundation may sometimes provide gift planning information that first addresses the needs of the donor and assists the donor’s professional advisors.  That information may include sample documents and financial projections for specific gift options.  To protect the Foundation from potential claims that a gift was incompetently presented and/or solicited with undue influence, the donor will be encouraged, in writing, to finalize any documents and review all projections with his or her own advisors to ensure that the donor is receiving proper income tax, gift and/or estate planning advice.  In all cases, the Foundation’ representatives will seek the opportunity to emphasize that their client is the Foundation, and that they do not represent the donor. Furthermore, the Foundation's representatives will refrain from engaging in any activity which may be construed as the unauthorized practice of law, i.e., preparation of trust documents, deeds of transfer, or other documents normally prepared by appropriate legal counsel unless specifically authorized to do so by a vote of the Foundation.

Cash Gifts

A.    Any Foundation employee or Foundation Board member is authorized to accept gifts of cash for the Foundation.

B.    All cash gifts should be forwarded immediately to the Foundation for timely deposit and/or safekeeping.

C.    The Foundation will provide Donor acknowledgment meeting Internal Revenue Service substantiation requirements.

Gifts of Tangible Personal Property

<!--[if !supportLists]-->A.    <!--[endif]-->Gifts of tangible personal property will be subject to advance approval by the Board upon the recommendation of the Gift Acceptance Committee.

B.    While exceptions may be considered, the Foundation requires that gifts such as art, furniture, computers, boats, automobiles, medical equipment, and other forms of tangible personal property, must satisfy each of the following before acceptance:

1.    the item to be received can be used by the Foundation or one of its supported organizations or the Foundation can sell or otherwise dispose of the property in a timely and practical manner;

2.    the item to be received is not encumbered by high transportation costs, storage costs, or unusual maintenance; and

3.    If the item to be received is not encumbered by debt

C.    Prior to any gift of tangible personal property, the Foundation will advise all donors or prospective donors to seek proper legal guidance on possible related or unrelated uses of the property.

D.    Upon acceptance of a gift, the Foundation will provide a letter of acknowledgment and appreciation to the donor meeting Internal Revenue Service substantiation requirements. If the gift has a value in excess of $5000.00, the Foundation will require from the donor a qualified appraisal of the property from a qualified appraiser.

E.    In general, when a donor contributes property (other than publicly traded securities) for which a charitable deduction in excess of $5,000 is claimed, in order to obtain the benefit of a charitable deduction, the Internal Revenue Service will require the donor to (1) complete IRS Form 8283 , (2) obtain a “qualified appraisal” of the property from a qualified appraiser, (3) attach a fully completed appraisal summary to the tax return in which the deduction is first claimed, and (4) maintain records of certain information listed in Treas. Reg. § 1.170A-13(b)(2)(ii).  These obligations rest upon the donor and do not affect the Foundation acceptance of the donated property.  Upon presentation and acceptance of the gift, however, the Foundation will sign the Donee Acknowledgment for such gift contained in Form 8283, if requested to do so by the donor. 

F.    Donors will be encouraged to furnish the Foundation with a current written independent appraisal of property to be given to the Foundation. Any gift received by the Foundation accompanied by a written independent appraisal acceptable to the Gift Acceptance Committee of the Foundation shall be credited to the appropriate fund at the appraised value.  In the absence of such an appraisal, the gift will be carried on the books of the Foundation in the manner deemed most appropriate by the Gift Acceptance Committee of the Foundation.

G.    In general and with exceptions, the Foundation will not seek to receive tangible property gifts from estates or trusts in kind. The Foundation will seek the proper sale of tangible property by the appropriate fiduciary in order to receive cash proceeds from the estate or trust.

Gifts of Securities

A.    Unless otherwise approved by the Gift Acceptance Committee, gifts of securities that should not be accepted include:

1.    securities that could create a liability to the Foundation;

2.    securities that by their nature may not be assigned

3.    securities that, on investigation, have no apparent value.

B.    Gifts of bonds that require a holding period generally should be accepted and liquidated when the holding period has expired.

C.    Gifts of interests in closely-held entities (including, but not limited to, corporations, limited partnerships, limited liability companies and similar entities) may be accepted only with the approval of a majority of the Board upon the advice of   the Gift Acceptance Committee of the Foundation and only when an investigation reveals no significant potential liability for the Foundation in receiving the gift.                 

D.    To determine the fair market value of the gift of stock for the Foundation’ purposes, the Foundation will use the average of the high and the low value of the stock as listed on the applicable stock exchange in the Wall Street Journal or any other comparable reporting periodical for the appropriate date of receipt of the stock (as discussed above). 

E.    Upon acceptance of a gift, the Foundation will provide a letter of acknowledgment and appreciation to the donor meeting Internal Revenue Service substantiation requirements.

F.    The Foundation will instruct its financial services provider to liquidate all security gifts immediately upon receipt of the gift in the Foundation's account. The financial services provider will hold the proceeds in cash or cash equivalents until further instructions from a duly authorized officer of the Foundation. Exceptions may be made by the Board upon the advice of the Gift Acceptance Committee and/or an Investment Committee. In no instance will the Foundation allow a donor to direct investments of a completed gift to the Foundation.

Gifts of Real Property and Mineral Interests

­A.    All gifts of real property and mineral interests will be subject to advance approval by the majority of the Board upon advice of the Gift Acceptance Committee of the Foundation.

B.    The Foundation seeks to minimize and, when possible, avoid environmental liability arising from the ownership or control of real property by taking actions that are reasonably appropriate to determine the extent of any environmental contamination before accepting ownership or control of the real property.

C.    In most instances, the donor will have gifts of real property appraised by a qualified appraiser to establish a fair market value for the donor’s purposes.  Unless otherwise recommended by the Gift Acceptance Committee and approved by a majority of the Board of the Foundation, the Foundation will not pay for such an appraisal.

D.    In general, it is the policy of the Foundation not to accept contributions of property subject to any form of indebtedness or other liability in order to prevent the Foundation from becoming responsible for the payment thereof. 

E.    In general, the Foundation will not accept a gift involving real property that makes the Foundation a principal in a real estate partnership, joint venture, or business activity in which the Foundation participates fully in the risks of the operation and has more than limited liability for the conduct of the business (e.g., as a general partner, principal in a joint venture or as an owner of a working interest).

F.    In general, the Foundation will not seek to receive real property gifts from estates or trusts in kind. The Foundation will seek to ensure the proper sale of real estate by the appropriate fiduciary in order to receive cash proceeds from the estate or trust.

Environmental Assessment Policies

A.    The Gift Acceptance Committee of the Foundation, with the advice and assistance of outside legal counsel, should evaluate and recommend the Board accept real property only after thorough review of a completed Inspection Checklist and Environmental Questionnaire.

B.    If, after inspection of the real property, the staff member determines that the real property is contaminated by hazardous materials or other substances, or there is a substantial likelihood that the real property is contaminated by hazardous materials or other substances, the real property generally should not be accepted unless no reasonable possibility exists that any environmentally-related liability to the Foundation could arise out of, or from, the actual or potential contamination.  Notwithstanding the foregoing, a gift of real property may be accepted even if a reasonable possibility exists that environmentally-related liability to the Foundation could arise out of, or from, any activity or condition on, in, under, or of the real property if the Board upon the advice of the Gift Acceptance Committee of the Foundation, with the advice and assistance of outside legal counsel and a certified environmental specialists, if necessary, determines that the  exposure can clearly be contained and the cost of remediation is reasonable.

C.    In addition to environmental issues, any acceptance of real estate will be contingent upon thorough vetting of the property for outstanding liabilities, lack of marketability, indebtedness or tax liabilities, or other conditions that may result in liability for the Foundation.

Testamentary Gifts

A.    The Foundation employees, officers and directors do not prepare wills.  Exceptions may be authorized only by the President/CEO of the Foundation and only to Board Members who are authorized to practice law.  In no event will a Foundation employee prepare a will, trust, or other document containing testamentary provisions. Appropriate staff will, upon request, provide suggested gift clauses to donor’s attorney for inclusion in wills prepared by donor’s attorney.

B.    Whenever possible, an authorized officer of the Foundation will review in advance any restrictions or conditions placed on a charitable bequest and confirm that the legal name of the Foundation is accurately stated.

C.    The Foundation may not serve as executor of estates, trustee or attorney-in-fact.  Officers and directors of the Foundation may not serve as executors of estates, trustees or as attorneys-in-fact in their capacity as the Foundation officers and directors under ordinary circumstances.  In some instances officers and directors may serve as such, but only with the permission of the Board of the Foundation, and when all or substantially all of the estate passes to the Foundation or when the testator is a family member, domestic partner, or recognized close acquaintance of the acting Board Member.  The interested officer or director shall abstain from any vote pertaining to these matters.

D.    As a general rule, the Foundation will not bear any cost associated with creating or amending a will or revocable trust.  Exceptions to this rule can be made at the discretion of the Board of the Foundation.

E.    Bequest expectancies will be classified as either documented, known, or possible as follows:

1.    Documented -- the Foundation has a copy of the will or that portion of the will pertaining to the gift to the Foundation.

2.    Known -- the donor has informed a representative of the Foundation that there is a bequest for the Foundation in their will.

<!--[if !supportLists]-->3.    <!--[endif]-->Possible -- A third party informs a member of the Foundation that an individual has included the Foundation in his/her will.

Gifts of Retirement Plans/IRA Benefits      

The Foundation may be named as a primary, secondary, partial, or contingent beneficiary of a retirement plan, IRA, or other type of retirement plan. 

A.    The Foundation may consult with legal counsel, if necessary, in order to ensure that the beneficiary designation form for a retirement plan or IRA payable to the Foundation is properly worded to ensure completion of the gift.

B.    Upon the donor’s death, the Foundation will instruct the plan or IRA trustee to make the distribution in cash rather than in-kind.

Remainder Interests in Charitable Remainder Trusts (CRT)

A.    In working with prospective charitable trust donors, care will be taken to assure that the person creating the trust fully understands that the trust is irrevocable and understands the nature of the payments that will be made to the trust beneficiaries. All prospective donors will be urged to seek advice of their own legal and/or tax counsel.  The relevant Foundation development staff member will communicate clearly to the prospective donor that he or she represents the Foundation and not the donor in this transaction.

B.    No CRT will be solicited if under any reasonable set of circumstances the gift would jeopardize the donor’s financial security. The Foundation development staff member will make every practical effort to meet personally with prospective charitable trust donors and will only proceed with solicitation of a CRT if satisfied the donor has received adequate counsel.

C.    The Foundation will not serve as Trustee of any CRT and will, instead, seek only to be a remainder interest in such trust. The Foundation will defer to the donor, donor's legal counsel or other outside professional advisor to properly draft, execute, fund, administer, comply and account for the trust during the income beneficiary interest(s). Nonetheless, the Foundation does not waive its right to review and challenge the annual accountings of the trust in which it has a vested interest. It is the Foundation's desire to ensure that the remainder interest has been adequately considered in any and all decisions regarding the administration and investment of the trust. 

Income Interest in Charitable Lead Trusts (CLT)

A.    In working with prospective CLT donors, care will be taken to assure that the person creating the trust fully fully understands that the trust is irrevocable and understands the nature of the payments that will be made to the Foundation. All prospective donors will be urged to seek advice of their own legal and/or tax counsel.  The relevant Foundation development staff member will communicate clearly to the prospective donor that he or she represents the Foundation and not the donor in this transaction.

B.    No CLT will be solicited if under any reasonable set of circumstances the gift would jeopardize the donor’s financial security. The Foundation development  staff member will make every practical effort to meet personally with prospective CLT donors and will only proceed with solicitation of a CLT if satisfied the donor has received adequate counsel.

C.    The Foundation will not serve as Trustee of any CLT and will, instead, seek only to be the lead income interest in such trust. The Foundation will defer to the donor, donor's legal counsel or other outside professional advisor to properly draft, execute, fund, administer, comply and account for the trust during the lead income interest(s). Nonetheless, the Foundation does not waive its right to review and challenge the annual accountings of the trust in which it has a vested interest. It is the Foundation's desire to ensure that the remainder interest has been adequately considered in any and all decisions regarding the administration and investment of the trust. 

Gifts of Life Insurance or Annuity Contracts

A.    The Foundation will accept life insurance gifts determined to be:

1.    a gift of a paid-up insurance policy;

2.    a gift of a new or existing insurance policy, for which the donor intends to continue making payments so that the policy does not lapse.

B.    In either case, the donor must name the Foundation as both the owner and the beneficiary of the insurance policy.

C.    The Foundation will make payments on a policy if the donor makes annual gifts at least equivalent to the amount of the premium. The Foundation is under  no obligation, but may continue to pay the premiums if the donor does not make the equivalent annual gift.

D.    The Foundation may be designated as beneficiary and accept the proceeds from an Annuity Contract. In the event a donor wishes to contribute an Annuity Contract during the lifetime of the annuitant, the Foundation will accept that gift only after it is satisfied that the donor has sought appropriate tax and legal advice.

This is the Revised Gift Acceptance Policy as discussed at the Oct 19, 2002 Foundation Board Meeting. Proposed by the Gift Acceptance Advisory Committee Members: David E. Ratcliffe, Jim Pamplin, Peter Cinelli, Walt Lawrence

Endowment Policy

Sunshine Community Foundation, Inc. will allocate from any undesignated or unrestricted will, trust or estate bequest, or from any undesignated or unrestricted major gift, to an endowment for the long term mission and sustainability of the SCF, in accordance with board oversight and the stated mission of the SCF.

 Procedures & Guidelines

SCF’s Endowment Fund, i.e., The Pooled Fund, consists of all endowment funds given to it that are not required by designation to be separately invested due to designated or restricted use of the funds.

Upon receipt of a gift consistent with above, the policy of SCF is to allocate to the operating budget as follows:

         Size of Gift                       Allocation to Operating Budget

         <$10,000                          100 %

         >$10 -< $49.99K               $10,000 + 0-20 %

         >$50 -< $99.99K               $10,000 + 0-15 %

         >$100-<$249.99 K             $10,000 + 0-10 %

         >$250-<$499.99 K             $10,000 + 0-5 %

         >$500K                            $10,000 + 0-2.5 %

The balance of a gift will be allocated to The Pooled Fund. The board will have discretion to decide within the appropriate allocation ranges an amount, based upon needs of the organization, fund balances, and other considerations it may deem appropriate.

Once allocated to the Pooled Fund, the Spending and Investment policies adopted will govern the Pooled Fund assets.

The Board may amend this endowment policy within the parameters of its normal operating procedures, consistent with its by-laws and the mission of SCF.