Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
SAKAI FOUNDATION
Employer identification number
11-3761343
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
803,757
884,658
908,444
1,460,003
1,591,141
5,648,003
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
15,263
179,928
209,347
311,103
231,550
947,191
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
819,020
1,064,586
1,117,791
1,771,106
1,822,691
6,595,194
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
0
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
6,595,194
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
819,020
1,064,586
1,117,791
1,771,106
1,822,691
6,595,194
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9,494
3,681
5,858
2,592
3,162
24,787
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
9,494
3,681
5,858
2,592
3,162
24,787
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
900
600
1,200
350
56
3,106
13
Total support. (Add lines 9, 10c, 11, and 12.)..
829,414
1,068,867
1,124,849
1,774,048
1,825,909
6,623,087
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
99.580 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
99.360 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.370 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
0.560 %
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
12000229
Software Version:
2012v2.0
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
SAKAI FOUNDATION
Employer identification number
11-3761343
Identifier
Return Reference
Explanation
Delegation of Secretary Responsibilities
During 2012, the Secretary Officer roles were delegated among existing board members. Tasks were supported and completed through coordination between board members and administrative staff.
Conflict of Interest Disclosures: Board of Directors
Michael Feldstein is a Senior Program Manager for Cengage Learning. Cengage may develop or acquire products that are considered to be directly or indirectly competitive with Sakai. Cengage may seek changes to Sakai in order to ensure better integration with the company's products, Cengage has business relationships with Sakai support companies. Cengage has business relationships with companies supporting products that compete with Sakai.Steve Swinsburg undertakes consultation and development work for various institutions and commercial organisations in the Sakai community, some of which are Sakai Commercial Affiliates. This work is generally development of new functionality, maintenance of existing functionality and support, primarily focused around Sakai CLE. More recently however, this work has been expanding into Sakai OAE. This Work is undertaken through Flying Kite Pty LtdI an Australian software company which has been contracted by Apereo Foundation in 2013.Ian Boston is employed part-time with the University of Cambridge, a member of Sakai Foundation. Mr. Boston is no longer involved in either the CLE or OAE projects whilst working at the University of Cambridge. As an independent consultant I do work from time to time for institutions and companies involved in Sakai OAE. Board discussions and decisions surrounding Sakai OAE may generate a conflict of interest with this work. I will keep the Board informed if this happens and remove myself as necessary.Seth Theriault is employed by Columbia University, New York, NY, USA, a large research university that is a dues-paying member of the Sakai Foundation. As part of his duties, he works on the local Sakai installation. In 2011, Columbia engaged the longsight Group, a Sakai Commercial Affiliate, for consulting, development, and training services pursuant to an RFP/RFI process in which he participated as an evaluator. Although he interacts with Longsight's employees from time to time in the normal course of his duties and as part of the Sakai Community's work, he has no involvement with the financial details or other decision-making oversight of Columbia's contract with Longsight.Josh Baron served as 2012 Chair of the Sakai Foundation Board of Directors. He was elected to the Board in December 2008 and then re-elected in 2011 for a second three-year term. In addition, he has served as Board Chair since August 2009. His current term on the Board ends December 2013. He did not receive any financial compensation for involvement on the Board. The Board has oversight of membership fees and governance policies which could impact on Marist or our partners which include SCAs IBM and rSmart (Marist is also a client of rSmart and oversees our contract agreement). To address this potential perception of a conflict of interest, Mr Baron has publically disclosed his involvement with the Sakai Foundation Board and arranged for Mr. Harry Williams to be the Institutional Representative on all official Foundation matters. This past year Mr. Baron traveled, in part, related to his Board position to the Australian Sakai Conference but Marist College covered the travel costs associated with this trip.The Sakai Foundation has legally merging with the Jasig Foundation, another open-source not-for-profit organization. Mr. Baron has been elected by the Sakai Board to serve on the new Apereo Founding Board established 2013.Josh Baron has continued in his role as a member of the EducationDynamics (previousHalyard Education Partners) Advisory Board. Although he has not accepted any gifts from EducationDynamics, they have reimbursed him for travel to bi-annual meetings. Marist College occasionally does business with companies owned by EducationDynamics although he has no direct budget oversight or decision making authority over those engagements.Josh Baron currently serves on the Campus Technology 2012 Conference Advisory Board. This is a group who helps select proposal for presentations at their yearly conference as well as assist in the planning for the event. Marist College nor the Sakai Foundation have any direct relationship with Campus Technology.Mr. Baron has served as Principle Investigator on a EDUCAUSE Next Generation Learning Challenges Grant in which the Technology Transfer Project and rSmart, two existing partners of the College, are involved. All details of the funding they are receiving and the work they are responsible for are spelled out in sub-contracts held by our Business Office.
Form 990, Part VI, Line 19
Form 990, Part VI, Line 19: Other Organization Documents Publicly Available
The form 990 is posted to the organization's website each year.
Form 990, Part VI, Line 12c
Form 990, Part VI, Line 12c: Explanation of Monitoring and Enforcement of Conflicts
Conflict of interest statements are requested from the Board of Directors. The Executive Director and Secretary review responses and follow through to ensure a statement has been received from each member. The Executive Director and Secretary review and disclose relationships discovered to the Chairman and cooperate to resolve any conflicts.
Form 990, Part VI, Line 11b
Form 990, Part VI, Line 11b: Form 990 Review Process
Executive Director and finance committee reviewed and accepted the 990 for 2011. The 990 was electronically distributed to the Board for comment and review prior to filing.
Form 990, Part VI, Line 4
Form 990, Part VI, Line 4: Description of Significant Changes to Organizational Documents
Sakai Foundation merged with Jasig to create a new entity Apereo Foundation (a New Jersey Corporation) December 27, 2012
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.