Funding Agreement
This agreement (the “Agreement”) outlines a funding relationship between United Way of Fairfield
County (“UWFC”) and Name of Agency (“Agency”), in connection with the Name of Agency Program
(the “Program”), sponsored by Agency, and is initiated under the following terms/conditions as of July
1, 2013 (the “Effective Date”):
United Way of Fairfield County along with the Program Providers Agree to:
 Maintain exempt status under section 501(c)3 of the Internal Revenue Code so that gifts are
deductible by the donor for federal income tax purposes
 Be incorporated and authorized to do business within Ohio as a voluntary, not for profit
organization, registered and reporting annually with the Ohio Attorney General as required by
sections 109 and 1716 of the Ohio Revised Code
 Be engaged in the delivery of voluntary educational health and human services and provides
funds, programs or services directed at one or more of the common human needs
 Maintain responsible governance by an active, rotating and voluntary board that serves
without compensation and meets at least quarterly for policy setting, fiscal guidance and
regular review of operations
 Maintain local Governing Boards which assume and fulfill the responsibility for managing the
nonprofit within the scope and spirit of the Agreement
 Submit required annual financial documents as outlined in the Agency Financial
Accountability Policy dated March 3, 2013.
 Maintain a formal policy of non-discrimination
 Review annually the terms and conditions of the agreement with the appropriate boards
United Way of Fairfield County Agrees to:
 Recognize and respect the autonomy of each Program Provider in determining policies for
administrating and managing itself and its programs
 Allocate funds through a process of Community Impact Council review that strives to be
accountable to the UWFC donors
 Conduct an annual campaign for the purpose of providing Community Impact dollars
Program Providers Agrees to:
 Co-brand and promote the affiliation with United Way by using the United Way’s Logo on
written materials, advertising and website; and make mention of UWFC at all live events, etc.
 Support the annual UWFC campaign by conducting an internal campaign, by providing
volunteers, and by participating as a campaign speaker as requested
 Refrain from written or verbal solicitation of designations
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

Refrain from local fund raising activities during the United Way “black-out period”, currently
defined as August 15 through November 15 of each year.
Review this Funding Agreement at a full board meeting
Section One: Funding Level, Period, Payment Schedule and Purpose
1. Subject to the terms and conditions set forth herein, UWFC agrees to fund the Agency
program(s) up to Dollar Amount for a one-year period commencing July 1, 2013 and ending,
June 30, 2014. Payment of funds shall be paid on a monthly basis.
2. The funding may only be expended by Agency to implement the Program(s), as more fully
described in the Agency’s FY14 funding application. The Agency hereby agrees to use the
funding exclusively for the Program(s).
Program Name
Funding Amount
3. Notwithstanding anything contained herein to the contrary:
i. No part of the funds shall inure to the benefit of, or be distributed to one or more of
the members, trustees, directors or officers of Agency or any other private person,
trust, fund or endowment, except that Agency shall be authorized and empowered
to pay reasonable compensation for services rendered in furtherance of the
Program.
ii. No part of the funds shall be used for capital expenditures or debt reduction.
iii. No part of the funds shall be used to carry on any other activities not permitted to
be carried on (a) by a corporation exempt from federal income tax under Section
501(c) (3) of the Internal Revenue Code of 1986, as amended (the “Code”), or (b) by
a corporation, contributions to which are deductible under Section 170(c) (2) of the
Code.
iv. No part of the funds shall be used in a discriminatory manner. Agency hereby
agrees that, in providing services under the Program, persons will be provided
service without regard to race, color, creed, national origin, gender or age (except in
instances when age is a stated condition of admission to the Program).
Section Two: Reporting Requirements
1. Agency’s performance and compliance with all aspects of this Agreement will be continually
assessed through various methods including but not limited to progress reports, site visits and
meetings with management. In the event Agency, in UWFC’s sole discretion, exhibits continual
poor performance and/or non-compliance with this Agreement, with no realistic or promising
corrective plan, UWFC may exercise the right to revoke or withhold funds at any time. In the
event Agency ceases operation, UWFC’s obligation to provide funds under this Agreement will
terminate immediately.
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2. Agency shall provide reports, in the form and medium prescribed by UWFC, documenting
achievement of Program objectives including the number of unduplicated clients served,
outputs and outcomes. Agency hereby agrees to fully cooperate with UWFC and its staff and to
be responsive to requests for information and to recommendations for the Program. Agency
hereby agrees to ensure that data and reports are submitted in a timely manner and are
accurate and complete.
3. As required, the following reports must be received by UWFC in either electronic or hard copy:
i. Quarterly financial reports throughout the grant period. Quarters are as
follows: July 1 - September 30; October 1 - December 31; January 1 - March 31.
Reports are due the last Friday of the month following the close of each quarter:
October, January and April.
ii. Quarterly program/outcomes reports throughout the grant period. Quarters
are as follows: July 1 - September 30; October 1 - December 31; January 1 March 31. Reports are due the last Friday of the month following the close of
each quarter: October, January and April.
iii. Year-end financial and program/outcomes reports at the fiscal year end. Full
fiscal year (July 1 – June 30) financial and program/outcomes data is due the last
Friday of July.
4. Failure to comply with the reporting requirements above will result in the withholding of
payments under this Agreement and, in UWFC’s sole discretion, may impact future eligibility for
UWFC funding. In accordance with UWFC’s policy on late reporting, the penalties for late
reporting will be assessed as follows:
 Agencies that do not have their reports completed and turned in by the due date will have
their allocation withheld until the report is received.
 If the report is more than 30 days late, the United Way will withhold 10% of the agency’s
allocation as a penalty. The penalty withheld will not be re-issued.
 If the agency is more than 60 days late, the agency will forfeit their entire monthly
allocation.
 Termination of funding may result if the agency’s report is more than 90 days late.
 Funds forfeited will be held by the respective Council and will be used for Special Grants or
carried over and used during the next funding cycle.
5. Agency shall report to UWFC any changes in the UWFC-funded Program and any changes to the
structure or organization of the Agency, including any changes to Agency’s 501(c) (3) status.
6. Agency shall report to UWFC any changes in the UWFC-funded Program budget as presented to
and approved by the Impact Council during the RFP process.
7. Agency is responsible for the expenditure of funds and the maintenance of adequate
supporting records consistent with generally accepted accounting practices. Agency’s financial
recordkeeping and accounting procedures must be available for examination by UWFC staff if
requested. The Quarterly Expenditure Reports required to be submitted by Agency pursuant to
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paragraph 3 above shall consist of a complete and accurate report of all funds relating to the
Program actually used, expended or committed to be spent during the previous quarter,
without regard to whether such expenditures are included in the Program budget.
8. All public announcements, news features, or information concerning the Program must indicate
the UWFC’s role in program funding.
Section Three: Representations and Warranties of Agency, Termination
1. Agency shall hold harmless the UWFC from any damage or injury sustained by any person or
property in any manner arising out of the administration, planning, development, conduct or
implementation of the Program undertaken or in conjunction with the Program or any other
programs operated by or associated with Agency.
2. Agency represents and warrants that it is in compliance in all respects with, and at all times will
conduct its activities in compliance with, all applicable federal, state and local laws, regulations,
ordinances and rules (the “Laws”). Agency acknowledges and agrees that it is responsible for
its own actions and the actions of its directors, employees, agents, representatives and clients,
as the case may be. Agency shall ensure that all funds provided to it by UWFC pursuant to this
Agreement are expended in accordance with the Laws and this Agreement.
3. Agency represents and warrants that accepting funds pursuant to this Agreement, and the
responsibilities and obligations thereof and set forth herein, will not violate or conflict with or
breach any term or condition of any contract or agreement, oral or written, to which Agency is
a party or any policy, action statement or practice adopted or employed by Agency.
4. Either party may withdraw from this Agreement by providing written notice to the other party
thirty days prior to such intended withdrawal. Upon such withdrawal, this Agreement shall be
terminated and any unused funds as of the date of such withdrawal shall be returned to UWFC,
unless otherwise agreed to by the parties in writing.
Section Four: Miscellaneous Provisions
1. No provision of this Agreement shall be interpreted against any party because such party or its
legal representative drafted such provision.
2. The provisions of this Agreement shall be deemed severable, and the invalidity or
unenforceability of any one or more of the provisions of this Agreement shall not affect the
validity and enforceability of the other provisions.
3. This Agreement may only be modified by a written agreement duly signed by authorized
representatives of both Agency and UWFC. In order to avoid uncertainty, ambiguity and
misunderstandings in their relationship, any amendments to this Agreement so agreed upon
and executed shall be attached to this Agreement, and the parties covenant and agree not to
enter into any oral agreement or understanding inconsistent or in conflict with this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the
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subject matter hereof and supersedes all prior or contemporaneous written or oral agreements
and representations between the parties with respect thereto.
4. Any waiver by a party of any breach or any term or condition hereof shall be effective only if in
writing, and such writing shall not be deemed to be a waiver of any subsequent or other
breach, term or condition of this Agreement.
5. The provisions of this Agreement are not intended to be for the benefit of any third parties, and
no third party shall be deemed to have any privity of contract with any of the Parties hereto by
virtue of this Agreement.
6. Each party to this Agreement covenants that at any time, and from time to time, it shall take
such actions as may be reasonably requested by another party hereto to confirm or otherwise
carry out the intent and purposes of this Agreement.
7. The article headings in this Agreement are inserted solely as a matter of convenience and for
reference and shall not limit or control the meaning of any provision of this Agreement.
8. This Agreement may be executed simultaneously in several counterparts, each of which shall be
deemed an original but together shall constitute one and the same original.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
AGENCY
By:
Name:
By:
Name:
UNITED WAY OF FAIRFIELD COUNTY
_____
Chief Executive Officer
By:
Name: Sherry Orlando
Executive Director_______________
_
_
Board Chairperson__________
By:
Name: Peter Lynch
______
Board Chairperson______________
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