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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
BUFFALO NIAGARA PARTNERSHIP FOUNDATION INC
Employer identification number
16-0761958
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2013.
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—2012.
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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
95,000
100,000
100,000
109,723
135,000
539,723
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......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
95,000
100,000
100,000
109,723
135,000
539,723
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..
0
8
Public support (Subtract line 7c from line 6.)
539,723
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
9
Amounts from line 6...
95,000
100,000
100,000
109,723
135,000
539,723
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
129
669
123
275
275
1,471
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
129
669
123
275
275
1,471
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
95,129
100,669
100,123
109,998
135,275
541,194
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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
99.730 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
99.080 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
0.270 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
0.920 %
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
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) 2013
Additional Data
Software ID:
Software Version:
-
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
BUFFALO NIAGARA PARTNERSHIP FOUNDATION INC
Employer identification number
16-0761958
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
DAVID ANDERSON, RANDY CLARK, DENNIS ELLSENBECK, TIM LOFTIS, DOROTHY GALLAGHER-COHEN, KEVIN QUINN, JOHN SCANNELL, GARY QUENNEVILLE, AND ARTHUR WINGERTER SIT ON THE BOARD OF DIRECTORS FOR THE BUFFALO NIAGARA ENTERPRISE. THOMAS KUCHARSKI IS THE PRESIDENT AND CEO OF THE BUFFALO NIAGARA ENTERPRISE.
FORM 990, PART VI, SECTION A, LINE 6
MEMBERSHIP OF THE CORPORATION SHALL BE CORPORATIONS, ASSOCIATIONS, PARTNERSHIPS AND OTHER ORGANIZATIONS ADMITTED TO THE BOARD.
FORM 990, PART VI, SECTION A, LINE 7A
PRIOR TO THE ANNUAL MEETING EACH YEAR, THE MEMBERS OF THE CORPORATION ENTITLED TO VOTE ARE PROVIDED WITH A PRINTED PROXY BALLOT CONTAINING ALL THE NAMES OF ALL CANDIDATES NOMINATED TO THE BOARD OF DIRECTORS. EACH MEMBER HAS ONE VOTE FOR EACH POSITION FILLED.
FORM 990, PART VI, SECTION A, LINE 7B
BY-LAWS OF THE CORPORATION MAY BE ADOPTED, AMENDED OR REPEALED AT ANY MEETING OF MEMBERS OR AT ANY MEETING OF THE BOARD, NOTICE OF WHICH SHALL HAVE REFERRED TO THE PROPOSED ACTION; PROVIDED, HOWEVER, THAT IF ANY BY-LAW REGULATING AN IMPENDING ELECTION OF DIRECTORS IS ADOPTED, AMENDED OR REPEALED BY THE BOARD, THERE SHALL BE SET FORTH IN THE NOTICE OF THE NEXT MEETING OF MEMBERS FOR THE ELECTION OF DIRECTORS THE BY-LAW SO ADOPTED, AMENDED, OR REPEALED, TOGETHER WITH A CONCISE STATEMENT OF THE CHANGES MADE.
FORM 990, PART VI, SECTION B, LINE 11
AN IN-DEPTH REVIEW OF THE FINAL VERSION OF THE FORM 990 IS DONE BY THE CHIEF FINANCIAL OFFICER OF THE FOUNDATION. A COPY OF THE FINAL VERSION OF THE FORM 990 IS THEN (I) REVIEWED BY THE FOUNDATION'S TREASURER AND PRESIDENT/CEO AND (II) MADE AVAILABLE TO ALL MEMBERS OF THE FOUNDATION'S BOARD OF DIRECTORS, IN EACH CASE, PRIOR TO THE FILING OF THE FORM 990.
FORM 990, PART VI, SECTION B, LINE 12C
THE FOUNDATION HAS A POLICY IN PLACE THAT IS INTENDED TO PROVIDE GUIDANCE FOR THE BOARD AND FOR INDIVIDUAL DIRECTORS IN CASES WHERE REAL, APPARENT, OR POTENTIAL CONFLICTS OF INTEREST MAY ARISE. DIRECTORS ARE REQUIRED TO ACT IN THE BEST INTEREST OF THE MEMBERS OF THE FOUNDATION, NOT TO PARTICIPATE IN DECISIONS FROM WHICH THEY COULD BENEFIT FINANCIALLY OR MATERIALLY, REGARD BENEFITS ACCRUING TO IMMEDIATE FAMILY AS IF THE DIRECTOR IN QUESTION WERE TO BENEFIT, AND NOT TO USE THEIR POSITIONS OR INFORMATION OBTAINED TO PROVIDE AN UNFAIR ADVANTAGE TO THEM, INCLUDING CASES INVOLVING GRANTS FOR FUNDING AND OTHER APPROVALS AND APPOINTMENTS. TYPES OF CONFLICTS INCLUDE SELF-DEALING, ACCEPTING BENEFITS, INFLUENCE PEDDLING, USE OF CONFIDENTIAL INFORMATION, AND POST-APPOINTMENT USE OF INFORMATION. IT IS THE RESPONSIBILITY OF EACH DIRECTOR TO DISCLOSE IN WRITING TO THE CHAIR OF THE BOARD OF DIRECTORS THE EXISTENCE OF ANY CONFLICT OF INTEREST. THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS DECIDES WHETHER A DIRECTOR MAY PARTICIPATE IN ANY DISCUSSIONS OR VOTE ON THE ISSUE THAT HAS GIVEN RISE TO CONFLICT. SHOULD A DIRECTOR BE FOUND TO BE IN CONFLICT OF INTEREST THAT HAS NOT BEEN DISCLOSED TO THE BOARD AS REQUIRED, THE BOARD MAY REQUIRE THE DIRECTOR TO PROVIDE FULL DISCLOSURE OF THE NATURE OF THE CONFLICT AND/OR REMOVE SAID DIRECTOR FROM THE BOARD.
FORM 990, PART VI, SECTION B, LINE 15A
THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS MEETS ANNUALLY AND RECOMMENDS A SALARY INCREASE AND/OR BONUS BASED ON THE EXECUTIVE'S REASONABLE ATTAINMENT OF PERFORMANCE BENCHMARKS AS PREVIOUSLY ADOPTED FOR THE CURRENT EMPLOYMENT YEAR AND IN COMPARISON WITH HIS PEERS BASED UPON THE MOST CURRENT AMERICAN CHAMBER OF COMMERCE EXECUTIVES SALARY DATA.
FORM 990, PART VI, SECTION C, LINE 19
FINANCIAL STATEMENTS ARE AVAILABLE TO THE PUBLIC UPON REQUEST.
FORM 990 PART XII LINE 2C
THE PROCESS HAS NOT CHANGED FROM THE PRIOR YEAR.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.