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Restoring Hope Project Agreement
1. Restoring Hope Project
FISCAL AGENT AGREEMENT
THIS FISCAL AGENT AGREEMENT is made effective ______________________, 2011 between
Christian Service Mission, Inc., an Alabama nonprofit corporation (“Fiscal Agent”) and the undersigned
organization (the “Supporting Organization”).
Recitals
A. The Supporting Organization has proposed that the Fiscal Agent serve as the fiscal agent and
manager for the project described on Exhibit A attached hereto and made a part hereof (the “Project”).
B. The Fiscal Agent has determined that the Project is consistent with its goals, and wishes to make
arrangements with the Supporting Organization for the implementation, management and operation of
the Project.
C. The Fiscal Agent desires to assist the Project with its organization and logistical structure, and to help
insure the integrity and accountability of the Project and all persons participating in it.
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the undersigned parties to this Agreement do hereby agree as follows:
1. The Fiscal Agent shall sponsor the Project and assume the administrative and financial
responsibilities described on Exhibit B attached hereto and made a part hereof (the “Fiscal Agent
Responsibilities”). The Supporting Organization will participate in the Project in accordance with the
terms of this Agreement and the policies and procedures described on Exhibit C attached hereto and
made a part hereof (the “Policies and Procedures”).
2. The Project shall be operated in a manner consistent with the Fiscal Agent’s tax‐exempt status,
its mission and purpose and the terms of this Agreement. No material changes in the purposes or
activities of the Project shall be made without prior written consent of the Fiscal Agent and the
Supporting Organization. The Supporting Organization shall not carry on activities or use funds in
any way that jeopardizes the Fiscal Agent’s tax‐exempt status or materially conflicts with the mission
and purpose of the Fiscal Agent.
3. The Supporting Organization shall not, and shall not cause the Project to, attempt to influence
legislation or participate or intervene in any political campaign on behalf (or in opposition to) any
candidate for public office or otherwise engage in the carrying on of propaganda (within the
meaning of section 501(c)(3) of the Internal Revenue Code of 1986).
4. The Supporting Organization will provide the Fiscal Agent with reports describing programs and
services of the Project in the manner prescribed by the Policies and Procedures.
5. The Supporting Organization with designate a representative to serve on the Project work team
and will recruit volunteers for spiritual care and support, construction and other ministry endeavors
in furtherance of the Project.
6. The Supporting Organization will provide all information and prepare all reports, including
interim and final reports, as are reasonably required by the Fiscal Agent.
RESTORING HOPE PROJECT
2. 7. The Fiscal Agent will establish and operate for the use of the Project a designated bank account
(the “Restoring Hope Account”) segregated from Fiscal Agent’s other bank accounts and assets and
accounted for as such on Fiscal Agent’s financial books and records. All amounts deposited into the
Restoring Hope Account, whether received from the Supporting Organization or any other source,
will be used exclusively in support of the Project, less the Fiscal Agent Administrative Fee (as defined
below), and subject to the conditions set forth in this Agreement, including the schedules and
exhibits hereto.
8. The Fiscal Agent will disburse funds from the Restoring Hope Account in accordance with this
Agreement, including the Policies and Procedures. All such disbursements shall be (a) pursuant to a
properly completed Fiscal Agent Expense Voucher accompanied by all necessary and appropriate
documentation and (b) used exclusively for the support and implementation of the Project.
9. The individuals set forth on Exhibit D attached hereto and made a part hereof shall serve as the
governing board (“Governing Board”) for the Project, which shall approve all disbursements from the
Restoring Hope Account.
10. The Fiscal Agent will prepare and maintain all financial records relating to the Project and the
Restoring Hope Account according to generally accepted accounting principles, retain such records
as long as required by law, and make such records available to the Supporting Organization upon
request.
11. The Fiscal Agent and the Supporting Organization will each reflect the activities of the Project, to
the extent required, on their respective state and federal income tax returns and on all required
financial reports. All disbursements from the Restoring Hope Account shall be treated as payments
made to accomplish the purposes of the Project.
12. In consideration of the Fiscal Agent’s agreement to sponsor the Project and to provide the
services required of it pursuant to this Agreement and to cover the Fiscal Agent’s expenses in
connection with the Project as outlined in this Agreement, the Fiscal Agent will retain five percent
(5%) of all contributions to the Restoring Hope Account during such time as Fiscal Agent shall serve
as fiscal agent for the Project.
13. This Agreement will be subject to review by Fiscal Agent and the Supporting Organization on an
annual basis and will terminate if any of the following events occur:
(a) The Fiscal Agent requests in writing that the Supporting Organization cease activities that
the Fiscal Agent deems might jeopardize its tax‐exempt status and the Supporting Organization
fails to comply within a period of ten (10) days after its receipt of such written request;
(b) The Supporting Organization or the Fiscal Agent fails to perform or observe any covenant
of this Agreement, and such failure remains unremedied fifteen (15) days after the defaulting
party has been provided written notice of such default.
(c) Upon expiration of ninety (90) days after either the Supporting Organization or the Fiscal
Agent has given written notice to the other of its intent to terminate this Agreement.
14. If this Agreement is terminated pursuant to Section 13 above, each of the Fiscal Agent and the
Supporting Organization will comply with any termination conditions reasonably imposed by the
other party to this Agreement.
15. Fiscal Agent shall not be liable to the Supporting Organization for failure to perform any of the
Fiscal Agent responsibilities required herein in the event of strikes, lockouts, calamities, acts of God,
unavailability of supplies or other events over which the Fiscal Agent has no control for so long as
such event continues and for a reasonable period of time thereafter.
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RESTORING HOPE PROJECT
3. 16. This Agreement may not be assigned, in whole or in part, by Fiscal Agent or the Supporting
Organization without the prior written consent of the nonassigning party, and any purported
assignment in violation of this provision shall be void.
17. This Agreement shall be governed by the laws of the State of Alabama without giving effect to
the choice of law or conflict of law provisions thereof.
18. The parties to this Agreement desire to avoid the additional time and expense related to a jury
trial of any disputes arising hereunder, if the arbitration agreement in this Agreement is declared by
a court of law to be unenforceable for any reason. Therefore, it is mutually agreed by and between
the parties hereto, and for their successors and assigns, that they shall and hereby do waive trial by
jury of any claim, counterclaim, or third‐party claim, including any and all claims of injury or
damages, brought by either party against the other arising out of or in any way connected with this
Agreement and the relationship which arises herefrom. The parties acknowledge and agree that this
waiver is knowingly, freely, and voluntarily given, is desired by all parties, and is in the best interests
of all parties.
19. Any claim or dispute arising from or related to this agreement shall be settled by mediation and,
if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian
Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete
text of the rules is available at www.peacemaker.net). Judgment upon an arbitration decision may
be entered in any court otherwise having jurisdiction. The judgment so entered shall have the same
force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment
in an action; and it may be enforced as if it had been rendered in an action in the court in which it is
entered. The parties understand that these methods shall be the sole remedy for any controversy or
claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court
against one another for such disputes, except to enforce an arbitration decision.
20. The headings of the sections of this Agreement are for convenience of reference only and shall
not affect the meaning or operation of this Agreement. If any provision of this Agreement is
considered void, voidable, illegal, or invalid for any reason, such provision shall be of no force and
effect only to the extent that it is so declared void, voidable, illegal or invalid. All of the provisions of
this Agreement not specifically found to be so deficient shall remain in full force and effect. Each
party hereby agrees to perform any further acts and to execute and deliver any documents which
may be reasonably necessary to carry out the provisions of this Agreement. No amendment,
modification or supplement to this Agreement shall be valid unless it is writing and signed by the
parties hereto. This Agreement shall be binding on and shall inure to the benefit of the parties
hereto, and their successors and permitted assigns. Subject to the foregoing sentence, no person
not a party hereto shall have any right under or by virtue of this Agreement. The pronouns of any
gender shall include the other genders, and either the singular or the plural shall include the other.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
21. The Fiscal Agent and the Supporting Organization intend that the relationship created pursuant
to this Agreement be solely that of independent contractors. Nothing herein is intended to create a
joint venture, partnership, tenancy‐in‐common, or joint tenancy relationship between the parties
hereto or with any other person or entity.
[SIGNATURE PAGE FOLLOWS]
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RESTORING HOPE PROJECT
4. FISCAL AGENT AGREEMENT SIGNATURE PAGE – RESTORING HOPE
In witness whereof, the parties hereto have executed this Agreement on the day and year first
written above.
Fiscal Agent: Supporting Organization:
Christian Service Mission, Inc. ____________________________________
By: By:
Name: Name:
Title: Title: Senior Pastor or Executive Director (circle one)
Date: Date:
Primary Contact for Supporting Organization:
Name:
Title:
Phone:
Email:
SIGNED AND DATED AGREEMENT SHOULD BE MAILED TO:
Christian Service Mission – Restoring Hope
3600 3rd Avenue South,
Birmingham, Alabama 35222
OR EMAILED TO:
restoringhope@csmission.org
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RESTORING HOPE PROJECT
5. EXHIBIT A
Description of Project
RESTORING HOPE
A Ministry of the Christian Community Disaster Recovery
The Christian Community is coming together...
Hearing about the disaster recovery efforts of the Christian Community throughout our city/county has
been inspiring. God is being glorified through these challenging days. Your leadership and participation is
welcomed, wanted, and needed to enable this collective effort to be what it could be and to have the
greatest level of lasting impact in our community and for God’s kingdom.
Certainly the need is great among so many families who have experienced loss, our Heavenly Father has
unlimited resources to bring healing and hope, and the people of God have demonstrated a deep
desire to serve this community in the name of Jesus... resulting in miracle after miracle. The church can
truly celebrate how Jehovah God is working through her diverse faces with varied gifts, working
together in unity, meeting the physical, emotional, financial, and spiritual needs of those seeking to
rebuild their lives. Praise the Lord! God only knows where this will lead all of us and how this process will
take shape enabling us to, in a much greater way than we could do alone, show forth the love and
compassion of our Lord. The collective witness to Metro Birmingham and Jefferson County will be
powerful if we continue linking ourselves together under the common banner of loving God and loving
our neighbor; for the purpose of seeing lives transformed by the power of Christ. Pastors, church
members, and Christian business men/women are needed to help guide the effort of Restoring Hope.
Mission Statement:
Restoring Hope is a Christian‐based long‐term disaster recovery effort that exists to demonstrate the
ministry of Christ throughout the Greater Birmingham community by rebuilding and restoring
families, homes, and churches.
Core Values: Integrity | Accountability | Teamwork | Sustainability
General Objectives:
• To provide an organizational structure to help mobilize and guide the church in responding
effectively to this disaster with the compassion of Christ.
• To facilitate collaboration among the Christian community resulting in a stronger voice with
greater impact.
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RESTORING HOPE PROJECT
6. • To promote the welfare of the impacted communities and local churches throughout Metro
Birmingham assisting family by family without distinction.
• To encourage and strengthen the relationships of the Christian community by working alongside
and aiding our brothers and sisters in the rebuilding of their churches and communities. Help the
church to be more visible, effective; empowered to fulfill its calling.
• To be faithful to the mandate of the church... the Great Commission – to “make disciples.”
Biblical Basis:
Seek the welfare of the city where I have sent you..., and pray to the LORD on its behalf; for in its
welfare you will have welfare. Jeremiah 29:7
“And the LORD will continually guide you, and satisfy your desire in scorched places, and give
strength to your bones; and you will be like a watered garden, and like a spring of water whose
waters do not fail. 12 “Those from among you will rebuild the ancient ruins; You will raise up
the age‐old foundations; and you will be called the repairer of the breach, the restorer of the
streets in which to dwell.” Isa 58:11‐12
The Great Commandment (Matthew 22:37‐40) ‐ loving God and loving our neighbor.
The Great Commission (Matthew 28:19‐20) – making disciples of Jesus Christ
What use is it, my brethren, if someone says he has faith but he has no works? Can that faith save
him? If a brother or sister is without clothing and in need of daily food, and one of you says to
them, “Go in peace, be warmed and be filled,” and yet you do not give them what is necessary
for their body, what use is that? Even so faith, if it has no works, is dead, being by itself. James
2:14‐17
Restoring Hope Work Teams: Interim Team Leader(s)
Financial Management Debra Blaylock
Disaster Case Management Peaches Brown
Construction Management Herman Henderson
Donations Management J.C. Burks
Volunteer Management Keith Stanley
Emotional & Spiritual Care Chris Thompson
Communications Rick Ousley
This disaster has provided a stage for the Church of Birmingham to display, as a witness to the world,
that faith in Jesus Christ is life changing and can transform a city.
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RESTORING HOPE PROJECT
7. EXHIBIT B
Fiscal Agent Responsibilities
1. The Fiscal Agent will establish one or more bank accounts in Birmingham, Alabama in the name
of “Christian Service Mission – Restoring Hope Account” (the “Restoring Hope Account”).
2. All funds received by the Fiscal Agent from the Supporting Organization or from any other source
specifically designated for the benefit of the Project will be deposited into the Restoring Hope
Account
3. The Fiscal Agent will properly account for all revenues deposited into the Restoring Hope
Account in accordance with generally accepted accounting principles (GAAP), as modified to
conform as appropriate to the accounting requirements of the Supporting Organization.
EXHIBIT C
Policies and Procedures
Contributions:
1. Checks should be made payable to and mailed to Christian Service Mission – Restoring Hope
Account, 3600 3rd Avenue South, Birmingham, Alabama 35222
2. All funds designated for the Project will be deposited into the Restoring Hope Account.
3. Contribution acknowledgement letters will be mailed by the Governing Board Secretary on a
monthly basis. CSM will provide the donor listing to the Supporting Organization on a monthly
basis. CSM will send the official donor receipt letter for tax purposes annually.
Purchase Order Requests:
1. CSM will use the CSM PO form format with a notation for the Restoring Hope Project.
2. When possible, CSM will use vendors with previously established relationships with CSM.
3. Purchase orders must be approved in writing by either (i) an authorized designee of the Fiscal
Agent, (ii) the Governing Board Chairman or (iii) the Governing Board Vice-Chairman.
Check Request Forms:
1. The Supporting Organization will utilize CSM’s check request form format.
2. Reimbursement requests must be accompanied by original receipts for payment approval.
3. Advance of funds request must have a set turnaround time for receipts to be submitted and any
unused funds returned to fiscal agent office.
4. Proper documentation and supporting documents are required for all expenditures of funds.
5. Check request may be approved by either (i) an authorized designee of the Fiscal Agent, (ii) the
Governing Board Chairman or (iii) the Governing Board Vice-Chairman.
Financial Reporting/Accountability Reports:
1. Fiscal Agent to provide monthly reports for all financial activities. Reports to reflect, monthly,
year to date, project to date information, and a New Donor Information Report.
2. All supporting documents shall be made available for review by the Restoring Hope Finance
Team, as established by the Governing Board, at any time with reasonable notice to the Fiscal
Agent.
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RESTORING HOPE PROJECT
8. EXHIBIT D
Governing Board
The Restoring Hope Steering Committee Officers (“Governing Board”) have the authority to approve all
disbursements from the Restoring Hope Account, or their designated representative if they cannot be
present, or their replacement if they resign.
(from EXHIBIT C: Policies and Procedures) Check request may be approved by either (i) an authorized
designee of the Fiscal Agent, (ii) the Governing Board Chairman or (iii) the Governing Board Vice-
Chairman.
Current Restoring Hope Steering Committee
Chair: Saint Green
Vice Chair: Debra Blaylock
Secretary: Maxine Nichols
Restoring Hope Work Teams: Interim Team Leader:
Financial Management Debra Blaylock
Disaster Case Management Peaches Brown
Construction Management Herman Henderson
Donations Management J.C. Burks
Volunteer Management Keith Stanley
Emotional & Spiritual Care Chris Thompson
Communications Rick Ousley
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RESTORING HOPE PROJECT