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HomeMy WebLinkAboutCOM 0667.006 1998-2000Ste ^hen K Yamashtro ywor Countp of j)ahaii DEPARTMENT OF FINANCE 25 5upuru Street. Room !18 • Hdo. Hawatt 96720-4252 18081 %I 8234 • Fax 1808)9b1.8248 HAWAII COUNTY NONPROFIT GRANTS (FY 2000 -01) HUMAN SERVICES NONPROFIT GRANTS REVIEW COMMITTEE (HSNPGRC) FISCAL YEAR ENDING:June 30, 2001 DATE OF APPLICATION' 31 -I' UM" let° GRANT APPLICATION FOR: Legal Name of Organization. Nlailing Address Fac hty+Slte Address Director / /Sue Manager: Organization President Contact Person (Grant Writer) .Amount of request for County funds: Total annual budget of organization: Agency /Program(s): 0 Social Services Check Category lies) 0 Culture and Arts 60@ST tytniff:i ditAv*Te Sfit✓/tt (Program Title) 31/2 /1Lb+7A entO/d -i 4, , yite • v o • Ao% yoto Kb+notL.s , µS 54 4 c 3 4 -/235 Kdu)MNAt (eon) r p.Mt *K sQJxfacb 44 2(4, Kk.nOtc. . 9s x )tsins- ,,bt tether lo LJ/c7ri K;fi Kt2 )tsbn AM"of to &tO g 144G �.� s /01 ,,L4, 0 Youth Programs 0 Education Briefly, define the program for which funding is being requested: • ` Has the applicant applied for any other funds from the County of Hawaii this fiscal year? Phone Phone Phone 'Mg Scann. d P'p tt) S pyrrc3►r2/v^'" • erC• rrz PY3.2rY/ its rr z Harry A Tkahh. S K. Schutte De:o. 0 Yes Source /Department: No 0 Elderly Programs QSD Other /t1Fo/A7an 3ERtrt4S Funding is being requested to support West Hawaii Mediation Services. WHMS provides quality mediation and conciliation services to individuals in the districts of Hamakua, North and South Kohala, North and South Kona, and Kau. The services are cost effective, partnering public and private funding with trained volunteers from t he community who provide mediation services. Comm. No._ 66 File No. ADM Ref. To: -'S Etc Ref. Date FEB 2 .3 2000 O. • �• I. QUALIFYING STANDARDS FOR APPLICANTS An applicant must meet all of the following standards • Be chartered or otherwise authorized to do business in the State for charitable purposes and exempted from the Federal income tax by the Internal revenue Service. • Have a governing board whose members serve without compensation and have no conflict of interest between their regular occupations and the services provided. Have bylaws or policies which describe the manner in which business is conducted, including management, audit, fiscal policies and procedures, policies on nepotism, and policies on management of potential conflict of interest. • Have at least one year's experience with the service or activity for which the appropriation is sought or can otherwise demonstrate to the satisfaction of the County sufficient expertise to successfully carry out the service or activity. sC/ Be licensed and accredited in accordance with applicable requirements of Federal, State and County laws. II. GRANT CONDITIONS The applicant agrees to comply with the following terms & conditions prior to receiving a grant award. A. Comply with applicable Federal and State laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, or handicap. B. Agree not to use any public funds for purposes of entertainment or perquisites. C. Comply with such other requirements as the Director of Finance may prescribe to ensure adherence by the nonprofit organization with Federal, State, and County laws, and established standards for fiscal and program management. D Allow the Director of Finance, the committees of the council and their staffs, and the Legislative Auditor access to records, reports, files, and other related documents in order that the program; management, and fiscal practices of the nonprofit organization may be monitored and evaluated to assure the proper and effective expenditure of public funds. III. RECORDS AND REPORTS A. The applicant shall follow generally accepted accounting procedures and practices and shall maintain books, records, documents, and other evidence, which sufficiently and properly account for the expenditure of County funds. The books, records and documents shall be subject at all reasonable times to inspection, reviews, or audits by the County expending agency, the Director of Finance, and the Legislative Auditor, or by their representatives. B The County expending agency, Director of Finance, or County Council may request periodic written reports on the use of County funds. C. The nonprofit organization shall submit a final written report to the Legislative Auditor within sixty (60) days after June 30 of the fiscal year. The report shall include an explanation of the public benefits derived from the awarding of the grant and a listing of other funding sources and amounts obtained during the award period. 2 IV. QUARTERLY ALLOCATION',:: Under no circumstances shall grant"fiinds be disbursed in a lump sum payment. Grant funds will be disbursed to Grantees only through a quarterly allocation process. The disbursement of grant funds can be formulated on an equal quarterly apportionment basis. V. GRIEVANCE PROCEDURE VII. CONTINUED ELIGIBILITY • • The applicant will adopt and maintain a grievance procedure to assure proper accounting for any concerns and complaints about its programs or services that may arise from its members, employees, clients or from other members of the public. VI. DISCLOSURE OF INFORMATION All information, data, or any other material provided to the County by virtue of this application shall be subject to the Uniform Information Practices Act (UIPA), ch. 92F, Hawaii Revised Statutes. All such material is deemed government record and shall be open to the public and may be provided to other public and/or private funding sources. Any applicant or recipient who withholds or omits any material facts or deliberately misrepresents such facts to the County of Hawaii shall: I) Immediately be disqualified from consideration for Nonprofit Grant funding; OR 2) be in violation of the terms of the Grant Agreement of County funds in which case a grant agreement can be terminated by the County and the recipient or provider may be liable to reimburse all or a portion of any funds received therein. VIII. ACKNOWLEDGMENT $4 .u&..r„o Me.,mpn 7.09 • (Legal Name of Organization) hereby agrees to administer the OJT MOH IA ; s0i41)h. .31 ggiCti (Program Title) in accordance with the regulations, policies and procedures prescribed by the Hawaii County Finance Department. Distribution of grant funds is limited to grantees, which are in compliance with County regulations, policies and procedures. The County reserves the right to withhold grant distributions at any time the grantee is not in compliance. It is the policy of the County of Hawaii and for those who do business with the County to provide equal employment opportunities to all persons regardless of race, physical disabilities, color, religion, sex, age, or national origin as mandated by the Federal Civil Rights Acts, as amended, and any other federal or state laws relating to equal employment opportunities. IX. AMENDMENTS TO THE APPLICATION/EVALUATION The applicant assures that it will submit to the HSNPGRC for prior review and approval, a written request and justification for any changes, additions, or deletions to any portion(s) of the grant application or a duly executed Grant Agreement of County Funds. The applicant will cooperate and assist in any effort undertaken by the HSNPGRC to evaluate, inspect or otherwise monitor the effectiveness, feasibility, and /or cost,efficiency of any and all practices, policies and procedures or activities pursuant to this application or any grant designation or allocation received as a result of this application. 3 • ,• A UTHORITY AND CAPACITY OF APPLICANT The applicant certifies that it has the authority and capacity to develop and submit this application, and to fully administer the program(s) pursuant to this application. UNSIGNED PROPOSALS WILL NOT BE ACCEPTED! Signature of President/Chairperson Signature of Executive Director /Manager 31 <444 WM) Date 0,. . •• County of Hawaii, Gr Application FY 2000 -2001, West ii Mediation Services PROGRAM/SERVICE DESCRIPTION A. Overview NARRATIVE QUESTIONS 1. Describe the program for which funding is being requested. The funds are requested to support West Hawaii Mediation Services (WHMS) which serves the districts of Hamakua, North and South Kohala, North and South Kona, and Kau. WHMS has mediated disputes between parties countywide in order to accommodate families. 2. What unique or significant service will be provided? The West Hawaii Mediation Services provides quality mediation and conciliation services for individuals and organizations in West Hawaii. Mediation is a confidential problem- solving process in which trained neutrals assist parties in communicating what's important in the dispute, creating and negotiating options, and crafting agreements that are fair, realistic and durable. The WHMS handle the following types of disputes: neighbor /neighbor, Small Claims (landlord/tenant, consumer /merchant, claims involving property damages, bad debts), community issues (road maintenance, access, community covenants), and family issues (parent/teen, pre and post divorce). WHMS utilizes trained volunteer mediators, all members of our Hawaii community. WHMS is unique in offering a public/private partnership in two areas, a) funding and b) provision of services. a) Funding. WHMS receives funding from the State of Hawaii Judiciary through a Purchase of Service contract. This contract requires the recipients to secure a 15% cash match. WHMS also receives funds from the Hawaii Justice Foundation. An administrative fee is charged for mediation services based upon ability to pay. b) Provision of service. WHMS uses trained community members to deliver program services. In addition to self referrals, we receive 72% of case referrals from public agencies such as the court and legal systems (District Court, Family Court, Circuit Court, Prosecuting Attorney's Office, Hawaii County Police Department) as well as referrals from other public entities such as the Department of Education, Department of Human Services and the County of Hawaii. Private individuals who volunteer their time to assist others in their community mediate all of these cases. 3. What specific outcomes are to be achieved? The desired outcome is to provide an accessible, effective process that educates, empowers and assists participants in finding peaceful, durable resolutions for simple and complex disputes. 4. How will the proposed program empower participants/clients to become self - sufficient and facilitate social change? The service provided by WHMS empowers both clients and volunteer mediators in the following ways: Clients - The process of mediation, in which a trained neutral assists the parties involved in a dispute in communicating and negotiating their own agreement, is based on the principle of empowerment. Parties who are in the dispute have the most information about the dispute and potential agreement possibilities, the most responsibility in resolving the dispute and the most investment in finding a resolution that will be durable. 1 County of Hawaii, Grantllication FY 2000 -2001, West Havlediation Services In addition to assisting parties in resolving current disputes, the process provides the parties an opportunity to gain new skills in communication and negotiation. These skills hopefully will be used in the future should additional disputes occur. Mediators - The skills in communication, negotiation and problem solving acquired by the trained volunteer mediators are instrumental in providing quality services to clients. They are also beneficial to the volunteer mediators, allowing them to successfully prevent and resolve disputes in their own personal and professional lives. B. Problem/Need 1. What is the problem/need the proposed program is designed to meet? WHMS provides services that addresses the following needs: • Affordable, accessible problem- solving process that repairs relationships • A viable option to the formal legal and court system for individuals with disputes • A cost effective resource for the community and the court and legal system 2. Who is the target population and what are the specific needs? The target population is individuals and organizations of West Hawaii that have a current dispute with another party and for whom the mediation process is more accessible, more affordable and/or more appropriate than the formal legal court system. Although WHMS charges an administrative fee, no one is refused service because of financial hardship. The mediation process also works in conjunction with the court and legal system, assisting parties in resolving specific issues outside of the courtroom. 3. What is the geographical area(s) to be served and hours of operation? Hamakua, North Kohala, South Kohala, North Kona, South Kona, and Kau districts are the geographical areas served. The office facility is located at 67 -1279 Kawaihae Road, Parker Square #217, Kamuela, Hawaii 96743. Office hours of operation are Monday- Friday, 9:00 A.M. to 4:30 P.M. Mediations are conducted at a wide variety of locations and times according to the needs and preferences of all parties involved. C. Collaboration/Coordination I. What specific measures will be taken to collaborate/coordinate with other Community resources to achieve maximum program efficiency and cost effectiveness? WHMS collaborates and coordinates with referring agencies such as County Police, Prosecuting Attorney's Office, District, Family and Circuit Courts, Department of Human Services, and with private agencies/collaborations such as the Family Support Services, Family Court Education programs, Salvation Army and Domestic Violence interagency Team. We also provide outreach and information to service clubs such as Rotary, and to other organizations who request information. WHMS collaborates with community organizations and businesses to secure confidential meeting rooms, at no charge, in which to conduct the mediation sessions. This makes the mediation process more geographically accessible to clients and as well as cost effective. Our team of trained volunteers, members of the West Hawaii community, are key to maximum program delivery and cost effectiveness. 2 • County of Hawaii, G•Application FY 2000 -2001, West ii Mediation Services 2. How will these measures reduce or eliminate any existing duplication of services to your designate target group? West Hawaii Mediation Services provides the only community-based mediation services for the Hamakua, North Kohala, South Kohala, North Kona, South Kona and Kau districts of Hawaii County. D. Goals and Objectives: 1. What are the major goals/benchmarks of the proposed program? The goal is to provide quality dispute resolution services, including mediation, facilitation, conciliation, community education and training. WHMS uses trained volunteers who apply, are interviewed/selected and who must successfully complete training and apprenticeship to mediate for the program. A nominal fee is charged for training to cover costs. The training is progressive, and advanced training is offered only after completing apprenticeship with prerequisite case types. The program uses a co-mediator model (2 mediators) to handle cases. WHMS requires that each mediator participate in an annual Refresher Training Course. The quantitative goals for the 2000 -2001 program year are as follows: • Caseload — To provide mediation services to 792 individuals (direct clients) in PY 2000 -2001 (an increase of 20 %) • New cases - to open 229 cases (an increase of 10 %) • Mediator pool — 1) to convert 50% of the inactive mediator pool to the active mediator pool; 2) to increase the number of advanced mediators (divorce, Civil Rights, and/or Special Education) by 25% • To have 90% of clients receiving mediation services feel that they benefited from the program's services. • To establish a mediator support system WI-IMS has added individuals served to quantitative goals because the number of cases involving more complex issues and multiple sessions has increased. Looking at types of cases as well as individuals served will also make the client satisfaction percentage more meaningful. 2. What specific objectives /action steps are planned for each goal? The specific action steps planned for each goal are as follows: • Caseload — to provide mediation, conciliation and/or facilitation services to 792 individuals (direct clients); to open 229 cases Quarterly newsletters to all constituents Routine press releases explaining services, trainings, and gatherings Ongoing announcement on Channel 14, public access television On the web site of Five Mountain Medical Community, health and community services site Included in the Healing Island Resource Guide —to be distributed in April 2000 Establishing a Speakers Bureau for local civic, community, education groups Program staff will maintain referral relationships with Prosecuting Attorney's Office, County Police Department, District, Family and Circuit Courts. • Mediator pool — To convert 50% of the inactive mediator pool to the active mediator pool Mediator support staff position (new) Volunteer support position — an assigned function to one of the members of the Board of Directors Newsletters - distributed quarterly Basic Training — to be held twice a year Refresher Training — to be held twice a year Mentoring Program — apprenticeship of 5 mediations co-mediated with a senior mediator. This will assist mediators in reentry as well as supporting the quality assurance program 3 County of Hawaii, GrantOlication FY 2000-2001, West HaSediation Services • Mediator pool — To increase the number of advanced mediators (divorce, Civil Rights and/or Special Education) by 25% Program staff will disseminate the training calendar on the front page of each newsletter This fiscal year, 2 training opportunities will be provided in divorce mediation. • Ninety percent (90 %) of clients receiving mediation services will feel that they benefited from the services provided. Program staff will first assess that the clients' needs can be met by the mediation process. Program staff will ensure that only trained mediators who have a thorough grasp of the process and skills of mediation are allowed to mediate for WHMS. Mediators must successfully complete 22 hours of generic training to mediate generic disputes and an additional 22 hours of domestic mediation training to mediate divorce and family disputes. It is now mandatory that each mediator complete the Refresher Training once a year to be on the active mediator list. Program staff will ensure on -going mediator competency is monitored. The program uses a co- mediator model assigning two mediators to each case Apprentice mediators co-mediate for 5 sessions with a senior mentor /mediator. Each mediator does a written evaluation of the process after each mediation. The Quality Assurance Committee reviews this information. Program staff solicits feedback from all clients receiving program services through telephone and written survey follow -up. This information is also reviewed by the Quality Assurance Committee. • To establish a mediator support system. To secure funding for a part-time position for 2000 -2001 who will identify training, monitoring and support needs which will reduce attrition and increase the capacity to respond to increasing and/or changing community needs. To secure funding to increase current staff hours to compliment the mediator support coordinator position. 3. What is the timeline (start and end dates) for each action step? WHMS provides year round mediation services, so program evaluation including mediator monitoring and client feedback occurs throughout the year. The timeline is as follows: January 2000 Newsletter March 2000 Refresher Training . April 2000 Newsletter and Speakers Bureau May 2000 Basic Training July 2000 Newsletter, hire a mediator support staff person, increase other staff to full time August 2000 Refresher Training October 2000 Newsletter and Divorce Training January 2001 Basic Training May 2001 Divorce Training 4. What significant client- centered outcome(s) will the program achieve? Ninety percent (90 %) of clients receiving mediation services will feel that they benefited from the services provided. WHMS is client - centered in that the mediation programs provide a service that assists the clients in not only resolving their dispute, but in learning better ways to manage disputes in the future. In some cases, disputants who have gone through mediation like the process so much that they choose to take mediation training and become mediators themselves. E. Service Delivery 1. What methodology will be used in the proposed program's delivery of services? 4 • • County of Hawaii, Grapplication FY 2000 -2001, West Ali Mediation Services WHMS uses the following definitions: • Mediation — a confidential, voluntary process in which trained neutrals assist parties in disputes, to communicate and negotiate what the parties feel is a fair and durable agreement. Agreements, if reached, are put in writing, with copies given to both parties. A copy of a mediated agreement is also sent to the court, if applicable. • Case — a case is opened when the parties involved in a dispute agree to participate in a mediation (exception — a case is opened when referred by an agency with administrative and or legal authority over the parties i.e. Courts) • Intake — an interview is conducted by staff to identify the key issues of the disputes and to determine if the case is appropriate for mediation. • Facilitation — a pro-active, problem- solving process which assists groups in identifying issues, action steps and options. • Conciliation — an agreement that is reached before mediation as a result of intervention by Intake Staff. • Mediator — an individual who successfully completes training and apprenticeship. • Mentor — a senior mediator who has satisfied time and caseload criteria. • Apprentice — a trained but inexperienced mediator. Mediation services: The mediation process begins when a prospective client contacts the program. Program staff elicit pertinent information about the dispute with the party to determine if the process is appropriate for the dispute. If the issues presented seem appropriate for mediation, program staff contacts the other party (ies) in the dispute, conveys the request for mediation and explains the mediation process. If the party is willing to participate in a mediation, program staff will elicit pertinent information about the dispute from that party as well. Both parties in the dispute are told that the process is confidential. Both parties are also informed of the administrative fee for service. If the parties have a financial hardship, services are provided without charge. After the intake process, program staff schedules the mediation session, matching the type of dispute with the two mediators' expertise and experience. In order to ensure an impartial process, a mediator is not assigned to a case in which the mediator knows the parties. Some disputes, for example Small Claims, can be resolved in one session. Others, such as domestic cases, require multiple sessions. F. Evaluation: 1. What process will be used to evaluate the program and services? WHMS evaluates its services in the following ways: • Client satisfaction — clients are surveyed after receiving mediation services to determine if they were satisfied with the process and the service they received. • Mediator competency — Only individuals who successfully complete both the training and apprenticeship process are allowed to mediate. After apprenticeship, mediators are required to attend a Refresher Training annually. • Service provision — WHMS staff maintains ongoing communication with referral sources to ensure that community needs are being met. Feedback is elicited from referral sources, which is helpful in planning. 5 County of Hawaii, Grantelication FY 2000 -2001, West Haw ediation Services • Wt is monitored and evaluated annually by the Hawaii State Judiciary, Center for Alternative Dispute Resolution. The activities are monitored and evaluated through quarterly reports and an annual site visit. WHMS is also monitored and evaluated quarterly by the Hawaii Justice Foundation 2. How will this process measure the outcome specified in Item D (1 -4)? The mediation services provided are by their nature outcome based. The disputes and issues addressed are identified by the clients, and the parties themselves determine if an agreement is reached. The mediators who volunteer for the programs do so to achieve personal growth by acquiring valuable skills and to give time and energy to their community. G. Program Fees: 1. Does your organization charge a membership fee for service participants? No 2. Does the proposed program charge participants a fee for service provided by the organization? An administrative fee of $15.00 per party for the first session is assessed for services for generic and divorce cases. Additional sessions, if needed, are $10.00 per party per session. An administrative fee of $25.00 per party per session is assessed for real estate cases. There is no charge for cases mediated at court. Clients who have a financial hardship are not refused services. If a client can afford a partial fee, that is assessed. If the client cannot afford any part of the fee, they still receive services. t H. Viability: 1. What is your justification or rationale for the expenditure of public funds for the proposed program? The request is for $18,660 in County funding. Although WHMS does receive funding from the Hawaii State Judiciary, that money is targeted to assist in reducing the caseload of the court. Our other charge is to prevent disputes from finding their way into the legal system. WHMS provides a needed service for Hawaii residents provided by volunteers from the Hawaii community: true community based mediation services. Mediation not only benefits the clients who receive the service but also the volunteer mediators who utilize communication and negotiation skills in their personal and professional lives to prevent and/or resolve disputes. 2. What are your financial and programmatic plans to sustain the proposed program beyond the upcoming fiscal year? The West Hawaii Mediation Services have been providing quality mediation services to the Hawaii community since 1988, and it is anticipated that the programs will continue past the upcoming fiscal year. The program realizes that long -term survival is contingent upon both providing quality service and a funding strategy that incorporates diversified funding sources. 1. Budget: See attached completed budget tables and attachments. 6 County of Hawaii, Gr Application FY 2000 -2001, West I- ii Mediation Services A. Board of Directors ORGANIZATION /AGENCY INFORMATION 1. Has the organization's Board of Directors received formal training within the past two (2) fiscal years? All Board members receive orientation and a Board of Director's Manual when they join the Board. There is no certificate issued for training. 2. What are the primary roles and responsibility of your organization's Executive Director? The Executive Director, under the direction of the Board of Directors, is responsible for: • Planning and implementing services • Operations of WHMS • Personnel management • Finances, record keeping, and report production • Public Relations - community relations, referrals source relations, print and electronic media 3. What a re the primary roles and responsibilities of your organization's Board of Directors? The primary roles and responsibilities of the Board of Directors are as follows: • To adopt rules and regulations for the conduct of meetings and of the Corporation • To appoint or approve the appointment of committees • To define the duties of officers and committees • To employ and define the duties of agents and employees • To delegate duties • To establish general policies for the Corporation, and to manage the business and affairs of the Corporation The primary roles and responsibilities of the Executive Officers are as follows: The President • Preside at all meetings • General supervision and direction over the management The Vice President • The duties of the President in his absence • Assist the President in performance of his duties The Treasurer • In charge of the financial affairs of the corporation • In charge of full and accurate books of the corporation • Submit reports and financial statements to the Board The Secretary • Attend and keep minutes of all Board meetings • Give all notices to the Board • Maintain records of all pertinent information on the Board members All Board members are responsible to assist the Corporation with annual and other fund- raising efforts. Officers of the Corporation are President, Vice President, Secretary and Treasurer. Each director is also actively involved in Board Committees (a list is included with the Board of Director's Roster). 7 County of Hawaii, Grant*lication FY 2000 -2001, West Hawediation Services B. Past performance: 1. How effective has your organization been in achieving program goals in the past 2 fiscal years? a. Quantitative data on numbers served: Caseload — to open 229 cases — WHMS has opened 104 cases in the last 2 quarters of 1999. Mediator pool — to convert 50% of the inactive mediators to active mediator status. When WHMS became an independent organization from the YMCA in July 1999, there were 8 active and 3 inactive mediators. By December 1999, WHMS had 55 active and 22 inactive mediators, a 687.5% increase in active mediators. We already have two individuals and one couple who are interested in attending the Divorce Training in October 2000. C. Financial: b. Qualitative data showing number and percentage of participants achieving measurable outcomes. WI surveys clients to determine satisfaction with the services received and to obtain anecdotal qualitative information for monitoring mediator competency. The percentage of clients responding that they benefited from the service for the PY1999 was 84 %. 1. Have your organization's current program operations remained the same as last year? What major program or financial changes will be incurred next year? a. WHMS served as the sole mediation service from the Hamakua Coast to the Kau area of the Big Island from 1988 to 1996, and received county funding much of that time. From July 1996 through June 1999, WHMS operated within the Big Island YMCA in a trail effort at consolidating programs. That effort was not successful. In July 1999 WHMS formally disengaged from the YMCA and reapplied for 501(c)(3) status (originally granted 1988, expired at YMCA 1998, current approval pending). Since July 1999 WHMS has again been handling the mediations for half of the island of Hawaii. b. WHMS applied for and received one year funding from the Hawaii Justice Foundation for volunteer / mediator support. The monies received are supporting, in part, increasing the staff hours from 52 to 68 hours per week. The additional hours are devoted to volunteer / mediator support functions. Hopefully, with additional funding, another staff person filling this specific role can be hired. This person will assist WHMS in identifying mediator training, monitoring and support needs. This will hopefully reduce attrition and increase the capacity to respond to increasing and/or changing community needs. 2. What is the status of your of the organization's major contracts or agreements for the coming year? The current Judiciary contract ends in June 2001. Prior to that date WHMS will respond to the RFP for continued funding. WHMS is in the process of securing an individual contract, separate from the YMCA, for RICO mediations. 3. How does the proposed program fit into your organization's long range financial plan? Providing quality mediation services is the mission of WHMS. All financial planning is dedicated to enhance the quality of services offered and to reach as many members of the community who could benefit from those services. 8 7 1 County of Hawaii, Gra pplication FY 2000 -2001, West Hall, Mediation Services D. Monitoring 1. During the past 2 fiscal years, what financial and/or administrative monitoring has your program received from any and all funding sources? Judiciary, CADR Hawaii Justice Foundation Elizabeth Kent Peter S. Adler E. Alcohol, Tobacco and Drug -Free Workplace Policies and Information: 808. 522.6464 808.537.3886 1. How does your organization address alcohol, tobacco, and other drug prevention information dissemination as part of your workplace and/or program environment? There is no smoking allowed in WHMS. Staff members are encouraged to adopt a healthy lifestyle, which includes exercise, good nutrition and the awareness of the effects of tobacco, alcohol and/or drug use. 9 County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Mediation Services BUDGET BLE 1 DETAILS OF PERSONNEL SERVICES note: t n�� ram" are one and the same) ITEM #1 preceding fy fiscal year grant Position Status /Salary budget 2000 -01 request title Executive Director 0.5 to 0.8 FTE* 1.0 FTE name Nardecchia, Desha $13,750 * $30,527 $6,527 title Case Manager 0.75 to 0.85 FTE' 1.0 FTE name Nichols, Olga $13,500 * $25,363 $4,213 title Mediator Support Coordinator 0.4 FTE name (new) $7,920 _ $7,920 TOTAL POSITION COUNT 1.25 to 1.65 FTE's ' 2.4 FTE's TOTAL SALARIES $27,250 ' $63,810 $18,660 ' Notes: see Budget Table 1 Attachment • • AB County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Mediation Services BUDGET TABLE 2 EMPLOYEE BENEFITS / PAYROLL TAXES (note: "agency" and "program" are one and the same) preceding fiscal year fiscal year grant ITEM # Description percent budget 2000 -01 request 2 Employee Benefits - Total $2,408 $2,408 Health Insurance $2,408 $2,408 Dental Insurance Other 3 Payroll Taxes - Total $2,561 $5,996 FICA 3.84% $1,046 $2,450 SUI 1.89% $515 $1,205 Worker's Comp 3.23% $880 $2,061 TDI 0.44% $120 $281 TOTAL BENEFITS/TAXES $4,968 $8,404 • • County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Mediation Services BUDGET TABLE 3 DETAILS OF OTHER OPERATING EXPENSES (note: "agency" and "program" are one and the same) preceding fiscal year fiscal year grant ITEM # Description budget 2000 -01 request 1 Professional Fees - Total $12,100 $3,700 Legal Accounting $200 $200 Audit 1 $3,500 $3,500 Administrative Other - Indep.Contractor for 6 mos(see Budget Table 1 Attachment) $8,400 2 Supplies - Total $1,200 $1,500 Office $1,200 $1,500 Program Consumable 3 Telephone $5,592 $5,872 4 Postage $774 $800 5 Occupancy - Total $5,499 $5,977 Rent $4,056 $4,462 Utilities $1,443 $1,515 Janitorial Repairs and Maintenance 6 Equipment - Total $1,300 $1,200 Purchase $100 Rental $1,200 $1,200 Repairs and Maintenance • County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Mediation Services BUDGET TABLE 3 (co ntinued) DETAILS OF OTHER OPERATIN EXPENSES (note: "agency" and "program" are one and the same) preceding fiscal year fiscal year grant ITEM # Description budget 2000 -01 request 7 Insurance - Total $609 $609 Liability $609 $609 Fire Auto 8 Printing $693 $1,200 9 Publications and Subscriptions 10 Travel - Total $200 $400 Air $200 $400 Per Diem Auto Rental 11 Auto Mileage Reimbursement 12 Auto Gas Purchases 13 Membership Dues $200 $200 14 Staff Training $200 $400 15 Other -Total $7,236 $7,694 bank charges $100 $150 fund raising $1,462 $1,600 meals / entertainment $480 $480 state and federal taxes $2,694 $2,964 volunteer supporrt $2,500 $2,500 TOTAL OTHER OPERATING EXPENSES $35,603 $29,552 County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Mediation Services BUDGET TABLE 4 SUMMARY OF PERSONNEL REQUIREMENTS (note: "agency" and "program" are one and the same) preceding fiscal year fiscal year grant Positions budget 2000 -01 request Toatl Position Count 1.25 to 1.65 2.4 0.75 Total Salaries $27,250 $63,810 $18,660 Total Employee Benefits/Taxes $4,968 $8,404 TOTAL PERSONNEL COSTS $32,218 $72,214 $18,660 TOTAL NUMBER OF POSITIONS 1.25 to 1.65 2.4 0.75 BUDGET TABLE 5 SUMMARY OF EXPENSES (note: "agency" and "program" are one and the same) preceding fiscal year fiscal year grant Expenses budget 2000 -01 request Total Personnel Costs $32,218 $72,214 $18,660 Total Other Operating Expenses $35,603 $29,552 TOTAL BUDGET $67,821 $101,766 $18,660 • County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Mediation Services BUDGET TABLE 6 SUMMARY OF INCOME (note: "agency" and "program" are one and the same) preceding fiscal year fiscal year grant Revenue Sources budget 2000 -01 request County of Hawaii $18,660 $18,660 State of Hawaii - Judiciary $45,688 $45,688 Federal Funds Private Foundations(see Attachment Budget Table 6) $2,500 $2,500 United Way Admissions Donations $11,133 $16,438 Fund Raising $1,000 $5,880 Pay phone Vending machines Service / Program Fees $3,000 $3,600 Third Party reimbursement Tuition Other exploring other grants, $4,500 $9,000 private funding sources TOTAL REVENUES $67,821 $101,766 $18,660 County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Mediation Services BUDGET TABLE 1 Attachment WHMS applied for reincorporated 7/1/99 (approval pending) Independent contractor served as Executive Director for frst 4 months and oriented 2 staff for 2 months Staff hired 11/1/99: Edas a 0.5 FTE and Case Manager as a 0.75 FTE for a total of 1.25 FTE's. Increased staff hours and revised budget effective 1/15/00 to current 1.65 FTE's • • • County of Hawaii, Grant Application FY 2000 -2001, West Hawaii Med BUDGET TABLE 6 Attachment Private Foundation Hawaii Justice Foundation iation Services $5, 000 $1250 quarterly beginning January 2000 • r X SUPPORTING DOCUMENTS CHECKLIST In summary of the rules and regulations to seek a grant of County funds, please submit the following documents or items in the order listed below: 1. X One (1) ORIGINAL grant application - completed, with appropriate signatures affixed, and dated. 2. x Five (5) copies, double- sided, of the completed grant application. 3. Attach to the ORIGINAL grant application only, the following: Organization /agency flow chart X List of current Board of Directors and Officers to include: C. Dates of expiration of terms of office C. Addresses and phone numbers of board numbers C. Regular meeting schedule of Board of Directors Using Staff Information Sheet, list names of all agency staff. For all administrative staff involved in the program for which the funding is being requested, include: C. Job description Resume 4. Attach to the ORIGINAL grant application and copies, ONE (1) of each of the following: C FINANCIAL QUESTIONNAIRE - Must be completed and signed by organization's comptroller, accountant or bookkeeper and signed by the Executive Director. ANNUAL FINANCIAL STATEMENTS - Agency's past two (2) years' annual financial statements: 1. Prepared by a qualified accountant and approved /signed by the Executive Director; OR 2. Prepared and signed by a Certified Public Accountant (CPA). CURRENT AUDIT - All nonprofit organizations must have an audit prepared by an independent CPA at least every three (3) years. ikfr IRS FORM 990 - Most current document for fiscal /calendar year. INTERNAL REVENUE SERVICE (IRS) LETTER - Verifying agency's tax - exempt status for nonprofit organizations. A LIABILITY INSURANCE CERTIFICATE - Current and valid, to include the County of Hawaii as additional insured with a general liability of $1 million and $50,000 for each occurrence. X ARTICLES OF INCORPORATION - Signed and dated. X BY -LAWS - Must contain specific clauses regarding nepotism and conflict of interest. By -laws must be signed and dated. • Stephen F Yamashiro Mawr • Lountp of 3amaii DEPARTMENT OF FINANCE ,s A upum street, Roam 118 • Hilo. Hawau 96720 -4252 (8081 961441234 • Fax (8081961 -8248 HAWAII COUNTY NONPROFIT GRANTS (FY 2000 -01) FINANCIAL QUESTIONNAIRE Please include as an attachment an explanation for all "NO" answers to questions #1 thru 11 below: Yes No O " 1. Has the agency operated continuously for the past three (3) years? O () 2. Has the agency operated with a positive cash flow for the past (3) years? Harry A Takoho�hi 5 K Schutte D.rty 3. Does your Board of Directors approve a detailed cash flow budget before the beginning of each fiscal year? 4. Do your Board meeting minutes show that quarterly financial statements are approved? O 0 5. Is your equity balance at least 20% of your Total Liability balance? O 0 6. is your Total Current Asset balance larger than your Total Current Liability balance? O 0 7 Are bank reconciliations and accounting performed by someone other than the check signatory? O 0 8. Are you fully insured for the agency's vehicle(s) and building(s)? O 0 9. Is your Workers' Compensation at least 2% of payroll? , O 0 10. Are you current (not delinquent) on all payroll and payroll tax payments? O 0 I I. Is the agency free of any pending litigation, liens or judgments? 0 0 12. Within the past 12 months, has the agency applied for vendor or bank credit and was As the grain applicant, / certify that the agency has satisfactorily responded to each of the above questions and explained as needed l hereby cerufy that this information is true and correct to the best of my knowledge. Agency: sotar/itwiti AtIO,.fra. sindi ocS `t e: to SfZS ..bt5tin- 4mwtee fret &leap di • )'14 n,z � at/ Prepared by: Certified by: Print Name/Titte denied credit? If yes, please explain. Print Name of Executive Director r ass Signature Signature Date Date County of Hawaii, Grantication FY 2000 -2001, West Hawirdiation Services FINANCIAL QUESTIONNAIRE — ATTACHMENT WHMS served as the sole mediation service from the Hamakua Coast to the Kau area of the Big Island from 1988 to 1996, and received county funding much of that time. From July 1996 through June 1999, WHMS operated within the Big Island YMCA in a trail effort at consolidating programs. That effort was not successful. In July 1999 WHMS formally disengaged from the YMCA and reapplied for 50I(c)(3) status (originally granted 1988, expired at YMCA 1998, current approval pending). Since July 1999 WHMS has again been handling the mediations for half of the island of Hawaii. 10 • s Internal Rev111 ue Service District Director Internal Revenue Service Center P 0 BOX 192 COVINGTON KY 41012-0192929 Date: November 3, 1999 BIG ISLAND MEDIATION INC C/0 WEST HAWAII MEDIATION SERVICES PO BOX 7020 KAMUELA HI 96743 Document Locator Number: 17053- 307- 03200 -9 User Fee Paid: $ 500 ACKNOWLEDGEMENT OF YOUR REQUEST Thank you for your cooperation. Form 5548 EGAD ALS 0 partment of the Treasury Southeast Region F -5548 ALS EO Refer Reply To: 17053-307-03200-9 F1023 /2B We have received your application for recognition of exemption from Federal income tax and - lave assigned it document locator number 17053- 307 - 03200 -9. You should refer to that number in any communication with us concerning your application. We will review your application and send a reply as soon as possible. However, we must process applications in the order that we receive them. You may normally expect to hear from us within (120 days). If you do not hear from us within that period and choose to write again, please include a copy of this letter with your correspondence. Also, please provide a telephone number and the most convenient time to call if we need to contact you. If you wish, you may call E. Wolf between the hours of 8:00 a.m. and 4:30 p.m. EST at (877) 829 -5500 for assistance. Insured WEST HAWAII MEDIATION BIG ISLAND MEDIATION DBA PO BOX 7020 KAMUELA HI 96743 Producer WATANABE INSURANCE SERVICES 100 PAUAHI ST HILO HI 96720 Compan es Allordmg Coverages FIRST FIRE & CASUALTY INSURANCE COVERAGES This is to certrty That the policies of Insurance listed below have be n Issued to the in ured named above for the policy period Indicated notwithstanding any r egWrement term or condition of any contract or other document with respect to which t Is certificate may be Issued or may pertain, the nsurance afforded by the policies described herein Is sub)ect to all the terms. exclusions and conditions of such policies. Limits shown may have been reduced by pa d claims Type Of Insurance Policy Number Policy Effective Dale (MM/00/Y)) Policy Expiration Date (MWDDM) Lim is General 4abIlity CPX 7027166 07/01/99 07/01/00 General Aggregate S 2,000,000 X Commercial General Liability Products Comp/OP Agg S 0 Claims Made X Occur Personal & Adv Injury S 0 Owner's & Con Prot Each Occurrence E 1,000,000 Fire Damage ■Anv one lire) s 50,000 Med Exp Any One person) 5 5,000 Automobile -- J ^^ Liability Any Auto All owned Autos Scheduled Autos Hired Autos Nor Owned Autos Garage Liability Comb,ned Single Limit $ Bodily Injury (Per person) S Bodily tram (Per accident) E Property Damage $ Excess Liability Each Occurrence S Umbrella Form Other Than Umbrella Form Aggregate S Worker's Compensation And Employers' Liability mit Slatuttuy Li s Each Acndenl S Disease - Policy Limit S Disease - Each Employee $ Other S Descrlptlon of Operat Ions /LocatlorssVeblcleslSpeclat Items (SEE REVERSE SIDE FOR MORE INFORMATION) 65 -1279 KAWAIHAE RD KAMUELA HI (250 SQ FT) 96743. THE CERTIFICATE HOLDER NAMED BELOW IS AN ADDITIONAL INSURED UNDER THE POLICY TO THE EXTENT SET FORTH IN THE POLICY PROVISIONS. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER arose 06/16/99 Authorized Representative Issue Date PARKER RANCH ATTN: PROPERTY MANAGER PO BOX 909 KAMUELA HI 96743 CPX 702715,6 00, - • CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOE$ NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FGF 650 (07 -94) FIH1195 • • • Nonrefundable Filing Fee - 550.00 DOMESTIC NONPROFIT Submit Original and One True Copy State of Hawaii DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS Business Registration Division 1010 Richards Street Malting Address P 0 Box 40, Honolulu. HI 96810 ARTICLES OF INCORPORATION (Section 4156 - 34. Hawaii Revised Statutes) PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK The undersigned. desinng to form a nonprofit corporation under the laws of the Stare of Hawau. certdy as follows The name of the corporation shall be Big Island Mediation, Inc. C2.' Re. , s6 The address of the corporation's office is (provide street address)' The period of rts duration is perpetual. 11 IV 65-1229A Opelo Road, Suite #3 Kamuefa, HI 96743 Section 1 The purposes) for which the corporation is organized To organize, secure funding for, train staff and volunteers for , and to provide conflict dispute resolution services, on a non - profit basis, on the Island of Hawaii .L -1 0 I • Dept of Commerce & Consumer Affairs STATE OF HAWAII and the transaction of any or all lawful activities for whin nonprofit corporations may be incorporated under Chapter 4158 Hawai Revised Statutes Section 2 And in furtherance of sato purposes the corporation shall have all powers. rights privileges and immunities anc shall be suotect to all of the liabilities conferred or imposed by law upon corporations of this nature and shall be subject anc have all the oenefits of all general laws with respect to corporations. 1-land it ethane(' -. dole- of incorporatlo❑ line 15 grin 854 tF 8231 Cereczuor• Page 1 01 n (b) To engage in fund - raising activities of all kinds where the purpose and use of the funds so obtained are to further the purposes of :he corporation, Section 3 The corporation shall be organized and operated exclusively for charitable or educational purposes within the meaning of the U.S. Internal Revenue Code of 1954, as the same now is or may from time to time be amended, and the objects and purposes of'the corporation, and its powers in connection therewith, are as follows: ta) To engage in charitable and educational activities of any and a_ kinds; and to accept and receive property of any and all kinds bv, devise, trust agreement, bequest or otherwise; and in particular to promote the civil goal of peaceful resolution of community disputes through the orderly mediation of such disputes by trained mediators; to mediate and resolve disputes between persons that might otherwise be resolved only through resort to the judicial system: to advance :he civic cause of justice by voluntary mediation of neighborhood disputes; and to do any act or thing incidental to or connected with :he foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers, except as permitted under Section 415 -B, Hawaii Revised Statutes. (c) To receive and administer funds in furtherance of the charitable and educational objectives and purposes and works mentioned above, as dictated by the general powers conferred by the laws of the State of Hawaii but only such laws as will implement the above stated purposes; and in addition, but limited to the furtherance of the above stated purposes, to take, receive and hold by bequest, devise, gift, grant, purchase, lease, or otherwise, either absolutely or :ointly with any other person, persons, or corporation, any property, real, personal, tangible, or intangible, or any undivided interest therein, without limitation as to amount or value, to alter, improve, sell, convey, or otherwise dispose of any such property and to invest, reinvest, or deal with the principal or the income therefrom; d) To enter into, make, perform and carry out contracts of every kind for charitable or educational purposes, without limit as to amount, with any person, firm, association, or corporation or other croup or organization, including particularly contracts for the borrowing of money and for the employment of administrators and investment or other counsel as the Board of Directors may deem necessary; to draw, make, accept, endorse, discount, execute, and issue bonds, debentures, or other obligations for any of the objects or purposes of the corporation; and to secure the same by mortgages, pledges, deeds of trust or otherwise; (e) From time to time, if in the furtherance of charitable or educational purposes, to apply for, purchase, acquire, transfer, or otherwise exercise, carry out and enjoy any benefit, right privilege, prerogative. or power conferred by acquired under, or granted by any state, ordinance, order, license, power, authority, or franchise, commission, right or privilege, which any government or authority or governmental agency or corporation or other public body may be empowered to enact, make or grant; :s:and Mediation — Articles of Incorporation June 15, 1999 Pace 2 i • • (f) In accordance with the laws of the State of Hawaii, made and applicable to corporations formed thereunder, the corporation shall be entitled to and shall have power: (I) to have succession by its corporate name in perpetuity; (ii) to sue and be used in any court, )111) to make and use a common seal; (iv) to hold, purchase, and convey such property as the aforementioned purposes of the corporation shall allow, without limit as to amount, and to mortgage, pledge, and hypothecate the same to secure any debt of the corporation; (v) to appoint such subordinate officers and agents as the business of the corporation shall require; and (vi) to make by -laws not in conflict with law or these articles of incorporation; ,c` To exercise and possess any and all rights, privileges, powers and immunities which now or hereafter may be secured by law to charitable corporations and which are reasonably incidental to the furtherance of the objects and purposes above set forth. Section 4. In all events and under all circumstances, includinc cut not limited to reorganization, dissolution, or amendment of the Articles of Incorporation of the corporation: (a) No substantial part of the activities of the corporation shall consist of carrying on political propaganda, or otherwise attemptinc to influence legislation; nor shall it participate in, or intervene in (including the publishing or distribution of statements), any political campaign, nor shall it engage in any transactions defined a: :he time as "prohibited" under the Internal Revenue Laws of the United Mates; nor shall amounts be accumulated out of income of the corporation in amount or duration, or be used or invested in such manner or for purposes or functions, such that the same would constitute grounds for denial of income tax exemption under the internal Revenue Laws of the United States; (b) The corporation shall never be operated for the primary purpose of carrying on any trade or business for profit; and neither the whole nor any part or portion of the assets, income or earnings of the corporation shall be used, nor shall the corporation ever be organized or operated, for objects or purposes which are not permitted to be carried on (I) by a corporation exempt from federal income tax under Section 501 (C)(3) of the U.S. Internal Revenue Code of 1954, as amended, or (ii) by a corporation, contributions to which are deductible under Section 170(c) (2) of the U.S. Internal Revenue Code of 1954, as amended; and no compensation or payment shall ever be paid or made to any member, officer or director of, or donor to, the corporation except as a reasonable allowance for actual expenditure or for services actually rendered in the furtherance of the purposes set forth in Section 3, and 5:g Mediation — Articles of Incorporation June 15, 1595 Page • � 4 (c) Neither the whole nor any part or portion of the assets, income or earnings, current or accumulated, of the corporation shall ever be used for dividends or be otherwise withdrawn or distributed to or divided among any member, director or officer of the corporation or any donor, whether upon liquidation or dissolution of the corporation or otherwise, provided further, that neither the whole nor any part of portion of such assets, income or earnings shall ever be used for, accrue to, or inure to the benefit of any private individual within the meaning of the tax exemption requirements of the laws both of the United States and the State of Hawaii, except as provided in Section 4 (b) hereof. Section 5. The corporation shall be a membership corporation The corporation is not organized for profit and will not issue any stock, and no part of its income or assets or earnings shall be used for dividends, or otherwise withdrawn or distributed to any of its members, directors, or officers except as expressly permitted in Section 4 paragraphs (b) and (c) hereof. The corporation is organized and shall be conducted exclusively for charitable and educational purposes. Section 6. There shall be a Board of Directors of the corporation of not less than three nor more than fifteen persons, each of whom shall be a member of the corporation and a majority of whom shall be a member of corporation and majority of whom shall be residents of the State of Hawaii. The Board of Directors shall be constituted and its members elected and appointed as the by -laws shall prescribe. The direction and management of the affairs of the corporation and a majority of whom shall be vested in the Board of Directors; SUBJECT, ALWAYS, HOWEVER, to the provisions of applicable law, the articles of incorporation and the by -laws. There may be an executive committee and such other committees of the Board of Directors as the by -laws may provide. Section 7. (a) The board of Directors annually shall appoint from among the members of the corporation a President, one or more Vice Presidents, a Secretary and a treasurer, and from time to time, such ocher officers as the conduct of the affairs of the corporation may require. One person may hold more than one office. (b) The officers and subordinate officers shall have such powers and duties and will be elected or appointed and removed as provided by the by -laws. ,c; The names of the initial officers of the corporation shall hold office until their successors shall be duly elected or appointed. =Lo Island Mediation — Articles of Incorporation June 15, 1995 Page 4 cf J 0 • • Section 8. The membership of the corporation shall consist of che officers and directors named herein, together with such other members, whether as successors to the original members or as additional members, as shall be admitted to membership in the manner prescribed in the by -laws or otherwise, rules and regulations creating, governing, or terminating memberships or classifications of memberships and relating to qualifications, duties, obligations and privileges; and the action or decisions of the Board of Directors with respect thereto shall be final. No membership shall be assignable nor pass Co any personal representative, heir or devisee of any member Associate or other non - voting memberships may be provided for by the bylaws. Section 9. The by -laws of the corporation may be adopted by the directors within thirty (30) days after the effective date of this incorporation, and thereafter may be adopted, amended or repealed by the vote of a majority of the voting members of the corporation present, or represented by proxy and constituting a quorum at any meeting of the voting membership duly called and held, the notice of which shall have stated that a purpose of the meeting was to consider che adoption, amendment, or repeal of the by -laws. Section 10 The property of the corporation shall alone be liable for the payment of its debts and liabilities and the private property of the members, directors, and officers shall not be subject to the payment of the corporate debts to any extent whatever Section 11. In the event of liquidation or dissolution of the corporation, whether voluntarily or involuntarily or by operation of law, che remaining assets of the corporation shall be distributed in such manner as the Board of Directors or a majority of them deem best suited to further the objects and purposes for which the corporation was established, but in any event such distribution shall only be to such organization or organization as may then by exempt from income tax under Section 501 (c) (3) of the U.S. Internal Revenue Code of 1954, as amended. Section 12. These articles shall be subject to amendments from time to time as provided by law, except that no such amendment shall be made which would change the corporation's name or the objects and purposes of this corporation to include objects and purposes which would not be exclusively charitable and educational, or which would permit the net earnings of the corporation to inure to the benefit of any member, donor or private individual, or which would permit any substantial part of the activities of the corporation to be the carrying on of political propaganda, or otherwise attempting to Influence legislation, or which would permit the corporation to participate in, or intervene in (including the publishing and distributing of statements) any political campaign on behalf of any candidate for public office. Island Mediation — Articles of Incorporation June 15, 1995 Pace Directors (must be individuals) Name Residence Street Address ( number street, ( state nn code) Wm Curtis Kirker P.O. Box 6751, Kamuela, H1 96743 -6471 2 • 3 The number of directors shall not be less than three (3) and the number of directors constrtuong the initial Board of Directors s _ • The following are the names and residence street addresses of the initial directors Marcia Carmen 75 -655 Hua'ai Street, Kailua -Kona, HI 96740 ) udith Kautz P.O. Box 6853, Kamuela, HI 96743 -6853 The officers of the corporation shall consist of a president vice president. secretary and treasurer The following are Ine names and residence street addresses of the initial officers: Officers (mus( be indrvrduals) Name" Residence Street Address (number. Street, city, state, zip code) President Wm Curtis Kirker Vice- Preseent Marcia Carmen Secretary - reasurer Barbara Hodgson X1 The corporation nas members The corporation nas no members Vv •ness our Hands this /6 -(6 Wm Curtis Kirker (TypelPnnt Name of Incorporator) aert, (Signature of Incorporator) (Sign In black ink) i.l,lnd \irdha non - - -1rncle• OI I ncorpora non V I day of 4� vt C P,0, Box 6751, Kamuela, HI 96743-6741 75 -655 Hua'ai Street, Kailua -Kona, HI 96740 )udith Kautz P.O. Box 6853, Kamuela, H1 96743-6853 68 -111 West Pukaua, Kamuela, HI 96733 VII VIII The corporation is nonprofit in nature, and shall not authorize or issue shares of stock. No dividends shall be paid anc no Dan of the income or profit of the corporation shall be distributed to its members. directors, or officers, except for services actuary rendered !o Me corporation, o d - „— ..,,.n, '. . „f its r .,,p"t r ,,, .,(.,.,. v ... at, We certify under the penalties of Section 4158 -158, Hawaii Revised Statutes that we have read the above statements and tnai :se same are true and correct. (TypelPnnt Name of Incorporator) (Signature of 1eg 9 !' Judith Kautz corporator) ign in black ink) line 15, long Page 6 or o ARTICLE II: MEMBERS • • BIG ISLANDS MEDIATION, INC BY- LAWS APPROVED BY THE BOARD OF DIRECTORS AUGUST 18, 1999 ARTICLE I: NAME AND PURPOSE Section 1. Name and Purpose The name of the corporation shall be Big Island Mediation, Inc. dba West Hawaii Mediation Services; hereinafter referred to as the Corporation. The Corporation is a voluntary agency dedicated to promoting the use of alternative dispute resolution through mediation; to assisting groups in consensus decision-making through meeting facilitation; to educating the public on the benefits of alternative dispute resolution, thereby relieving the burden on the court system; and to providing training in mediation and meeting facilitation skills. Section 2. Additional Purposes. To do any act or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for pecuniary profit or financial gain of its members, Directors, officers, staff or volunteers, except as permitted under S5 416 -21, Hawaii Revised Statutes. Section 1. Members. Members of this Corporation are those that serve as volunteer mediators, facilitators, other volunteers, members of the Board of Directors and /or those who make annual voluntary contributions. Section 2. Directors. The voting members of Corporation shall be those presently serving on the Board of Directors and their duly elected successors. Each Director shall be entitled to one vote for each matter submitted to a vote. ARTICLE III: BOARD OF DIRECTORS Section 1. Number There shall be a Board of Directors of the Corporation to consist of not less than three (3) persons. The number of Directors greater than three (3) shall be fixed as is from time to time determined by the Board of Directors and governed by the Articles of Incorporation and any amendments thereof. The Board of Director Ekes the maximum number of Directors at 75 (fifteen) (July 1, 1999) Section 2. Term. The term of office for a Director shall be three years. Any individual may serve two consecutive terms, a total of six years; an individual must retire from the Board for at least one year before being eligible to serve again. Section 3. Selection and Qualifications of Directors. Once each fiscal year the Board of Directors will solicit names of interested, qualified individuals to serve on the Board of Directors from volunteer mediators and facilitators, staff members, the Board of Directors, and other interested parties. The names of the nominees will be placed before the members of the Corporation at the next Annual Meeting Additional nominees may be submitted by the members at that time. Voting will take place at the annual meeting and nominees receiving the highest number of votes will be deemed elected. • • Section 4. Resignation. Any Director may resign at any time by giving written notice of such resignation to the Board of Directors. Section 5 Vacancy Any vacancy on the Board of Directors may be filled by anr affirmative vote of a majority of the remaining Board of Directors then serving. Section 6. Compensation. Directors shall not receive any stated salary for their services as a Director, but by resolution of the Board may be reimbursed for expenses incurred in attending meetings of the Board or in performing official functions of the Corporation. The Board of Directors shall have power in its discretion to contract for and pay to Directors rendering unusual or exceptional services to the corporation special compensation appropriate to the value of such services, to the extent that such compensation is not restricted or prohibited by the Section 4941(d) of the Internal Revenue Code and its Regulations as they now exist or as they may hereafter be amended. Section 7. Powers. All of the corporate powers of the Corporation whether set forth generally, specifically, or by implication in its Articles of Incorporation or in these Bylaws, shall be vested in and exercised by the Board of Directors. In addition to powers specified elsewhere in these By -laws and without limiting the generality of any powers of the Board granted by law, the Board of Directors shall also possess the power: a. To adopt policies governin the general organization, program, and conduct of the Corporation. b To elect the President of the Corporation and any additional officers provided in these By -laws or authorized by the Board of Directors. c. To appoint and remove an Executive Director, who may approve and remove all employees and shall be responsible for general supervision over the business affairs and activities of the Corporation and see to the proper observance of all By -laws and any action or orders of the Board of Directors d. To prescribe personnel standards and practices and establish compensation of all positions. e. To appoint standing and special committees and chairpersons thereof and to establish or authorize the establishment of other committees. f. To appoint an Advisory Board. This Board is chaired by the President of the Board of Directors of the Corporation. g. To define the jurisdiction, duties and powers of all committees except as otherwise provided in the By- laws. h. To approve the Corporations budget and make and authorize expenditures necessary for the conduct of the affairs of the Corporation. i. To have an annual review or audit as required by law, grant, or contracts conducted by an independent auditing firm. • • j. To perform such other duties as may be necessary for the conduct of business of the Corporation. ARTICLE IV: PRINCIPAL OFFICE, MEETING OF DIRECTORS Section 1. Principle Office. The principle office of the Corporation shall be maintained at such place in the State of Hawaii as the Board of Directors from time to time shall determine. Such offices to be in the charge of an Executive Director as may be appointed by the Board of Directors. Section 2. Place of meeting. The place of meeting shall be stated in the call for the meeting. Section 3. Regular Meetings. The Board of Directors may establish regular meetings to be held in such places and at such times as it, from time to time by vote determine, and when any such meeting or further notice thereof shall be so determined no further notice thereof shall be required. Section 4. Annual Meeting. (The first meeting following the beginning of the fiscal year shat{ be designated the annual meeting of the corporation. The annual meeting of the corporation shall be set by the Board of Directors. An annual meeting sha / /be held in each fiscal year At such meeting, the Board of Directors shall elect the officers of the Corporation for the ensuing year. Section 5. Special Meetings. Special meetings of the Board of Directors may be called at any time by the President or by any two Directors. Section 6. Notice. Except as provided in Section 3 of this Article IV notice of each meeting of Directors of Corporation stating the authority for the call of the meeting and the place, day and hour thereof shall be given to each Director by the Secretary or by the person or persons calling the meeting at least one (1) day before the date set for such meeting. Such notice may be given in person, by phone, fax, e -mail, or phone message. Section 7. Quorum. At all meetings of the Board of Directors a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as maybe otherwise specifically provided by statute or by these By -laws. If at any meeting there is less than a quorum present, a majority of those present may adjourn the meeting without further notice to any absent Director and may convene or reconvene the meeting when a quorum shall be present. Section 8. Adjournment. In the absence of quorum at the date, time and place of a meeting duly called and held, the presiding officer or a majority of the Directors present may adjourn the meeting from time to time without further notice and may convene or reconvene the meeting when a quorum shall be present. Section 9. Rules of Order. In any meetings under these Bylaws, Roberts Rules of Order, latest edition, shall be used as a guide to govern procedure, at the discretion ARTICLE V: OFFICERS • • of the chairperson of the meeting. Section 10. Action by Directors. Without a Meeting. Any action required or permitted under Section 415B -I6, Hawaii Revised statutes, as amended, to be taken at a meeting of the Board of Directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by a majority of the Directors then serving. Section 1, Officers. The officers of the Corporation shall be a President, a Vice - President, a Secretary, and a Treasurer, and any other officers determined and appointed by the Board of Directors from time to time. The officer must be a Director of the Corporation. Two offices maybe held by the same individual; however, not less than three different individuals must hold positions as officers. Section 2. Election and Term of Officers. The officers of the Corporation shall be elected at the annual meeting of the Board of Directors by majority vote of the Directors present. Each officer shall hold office until his or her successor shall have been duly elected and qualified. Section 3. Subordinate Officers & Agents The Board of Directors may appoint or employ such subordinate officers, including Assistant Treasurers and Assistant Secretaries, agents and employees as may be deemed proper, who shall hold their positions at the pleasure of the Board of Directors and who shall have such powers and duties as may be assigned to them by the Board of Directors. The authority to employ agents and employees and fix their powers and duties may be delegated by the Board of Directors. Any officer of the Corporation may also be a subor inate officer, agent, or employee. Section 4. Bonds. Any officer may be required by the Board of Directors to give a surety company bond for the faithful discharge of his or her duties in such sum as the Board of Directors may require and such bonds shall be deposited as the Board may direct. Section 5 Removal. Any officer elected by the Board of Directors may be removed by the Board of Directors 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 officer so removed. Section 6 Vacancies. In case any office of the Corporation becomes vacant by death, resignation, retirement, disqualification, or any other cause, the majority of the Board of Directors may elect a successor. Section 7. President: Powers & Duties. The President when present shall preside at a meetings o t e Boar. o Directors. Subject to the control of the Board of Directors, the President shall exercise general supervision and direction over the management and conduct of the affairs o7 the Corporation and shall also have such other powers and duties as are given to him or her elsewhere by law or in these By- laws and as may be assigned to time from time to time by the Board of Directors Section 8. Vice - President: Powers & Duties. In the absence of the President or in event of his or her inability or refusal to act the Vice - President shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the president The Vice - President shall assist the • • President in the performance of his or her duties and shall perform such other duties as from time to time may ie assigned to him or her by the President or by the Board of Directors. Section 9. Treasurer: Powers & Duties. The Treasurer, except as the Board of Directors may of erwise or.er an..irect rom time to time and subject to the control at all time (1) shall have charge of the financial affairs of the Corporation and have the care and custody of its moneys, funds, valuable papers and documents (2) shall keep full and accurate books of account of the Corporation transactions, which books shall be and remain the property of the Corporation; (3) shall deposit to the credit of the Corporation all moneys and funds of the Corporation in such bank or banks or other depositories as the Board of Directors shall designate; (4) shall pay out and disburse funds so deposited in the general course of business and under the authority of the Board of Directors; (5) shall receive all moneys and funds and sign all receipts and vouchers and enforce for collection or deposit all notes check, drafts and similar commercial instruments payable to the Corporation, and in the absence of specific instructions from the Board of Directors may delegate this authority to any agent or employee of the Corporation, (6) shall make and render to the proper municipal, state federal, and other governmental officials all exhibits, returns and reports required by law, (7) shall make and render to the Board of Directors such reports and financial statements as it may request; (8) shall, upon request, present and exhibit to the Members of the Corporation and to the Board of Directors all the books, accounts, records and evidence therefore kept by him or her; and, (9) shall have such other powers and duties as may be incidental to the office of Treasurer elsewhere given to him or her by law or in these By -laws and as may be assigned to him or herirom time to time by the Board of Directors. Section 10. Secretary: Powers & Duties. The Secretary (1) shall attend and keep the minutes of all meetings of the Board of Directors, and when requested, shall attend and keep the minutes (of the Board of Directors and) of any committee, in books provided for that purpose (2) shall attend to the giving of all notices as provided by these By -laws (3) shall keep a record, containing the names, alphabetically arranged, of all persons who are members of the Board of Directors of the Corporation, showing their places of residence, phone numbers, fax numbers and e -mail addresses, and date of election, and such book shall be open for inspection as prescribed by law; (4) shall when so authorized or ordered by the Board of Directors, he or she may affix the seal of the Corporation, if any, to any contracts or agreements; and (5) shall have such other powers and duties as may be incidental to the office of Secretary or elsewhere given to him or her by law or in these By -laws as may be assigned to him or her from time to time by the Board of Directors. Section 11. Secretary Pro Tem. If the Secretary shall not be present at any meeting, the presiding officer shall appoint a Secretary Pro Tem. He or she shall keep the minutes of such meeting and record them in the books provided for that purpose. Section 12. Assistants: Powers & Duties. Such Assistant Secretaries and Assistant Treasurers as may be appointed or elected shall have an exercise such powers and shall perform such duties as may be prescribed in these By-laws or as may be determined from time to time by the Member of the Board of Directors. Section 13. Absence of Treasurer or Secretary. In the absence of the Treasurer or in his or her inability to act, or if that office is vacant, the duties thereof shall be performed by such Assistant Treasurer as may have been designated by the Board of Directors, otherwise by the Secretary. In the absence of the Secretary or in his or her • inability to act, or if that office is vacant, the duties there of shall be performed by such Assistant Secretary as may have been designated by the Board of Directors, otherwise by the Treasurer. Section 14. Execution of Instruments: Authorized Signatures. All checks, drafts, notes, bonds, acceptances, deeds, leases, contracts, and all other instruments shall be signed by such person or persons as shall be provided by general or special resolution of the Board of Directors, and in the absence of any such general or special resolution applicable to any such instrument, then such instrument shall be signed by an officer of Corporation and countersigned by another officer of the Corporation or the Executive Director. ARTICLE VI: INDEMNIFICATION Section 1.Insurance. The Corporation shall have the power to purchase and maintain insurance on behalf of any c irector, officer, executive board member, advisory board member or committee member of the Corporation, against any liability asserted against or incurred by such person's status as such, whether, or not the Corporation would have the power to indemnify the person against liability under this Article. ARTICLE VII: COMMITTEES Section 1. Standin: Committees. There shall be such standing committees as the Board ofDirectors s a rom time to time deem proper for carrying on the activities of the Corporation or for the conduct of its business or affairs, the duties, jurisdiction and powers of which shall be defined by the Board of Directors. The chairperson of each standing committee will be nominated from members of the Board of Directors and confirmed by the Board of Directors Section 2. Special Committees. There shall be such special committees as the Board of Directors shall from time to time deem proper for the efficient conduct of its affairs. The duties, time limit, jurisdiction and powers of which shall be defined and amended, as required, by the Board of Directors. The chairperson and members of the committee may be persons other than members of the Board of Directors. Section 3 Advisory Board. There may be an Advisory Board having none or exercising any power or acts of the Corporation. This Board may serve in an advisory capacity in assisting the Corporation with fund - raising, community relations, publicity and other activities deemed desirable for the support and operation of the Corporation. The members will be nominated by the board or executive director and confirmed by the board of directors The president of the Corporation will chair the Advisory Board Section 4. Committee. Each chairperson shall appoint the members who will serve on his or her committee. Section 5. Reporting. The chairperson of every committee and the Advisory Board shall report all activity to the Board of Directors on a regular basis. Section 6. Vacancies. Vacancies in the membership of any committee and the Advisory board ma y be filled by appointments made in the same manner as provided in the case of the original appointments. • • • Section 7. Ouorum. Unless otherwise provided resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. Section 8. Rules of Order. Each committee and Advisory Board may adopt rules for its own government not inconsistent with these By -laws or with rules adopted by the Board of Directors. ARTICLE VIII: FISCAL YEAR, CONTRACTS, CHECKS, DEPOSITS AND FUNDS Section 1. Fiscal Year. The fiscal year of the Corporation shall be such as may from time to time be established by the Board of Directors. Section 2. Contracts. The Board of Directors may authorize any officer or officers, agent or agents oT the Corporation, in addition to the officers so authorized by these ay-laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Section 3. Checks. Drafts. etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation, shall be signed by such officer or officers, agent or agents of the Corporation and in suci manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by an officer of Corporation and countersigned by another officer of the Corporation or the Executive Director. Section 4. Deposits. All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies or other depositories as the Board of Directors may select. Section 5. Gifts. The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Corporation. ARTICLE IX. PROHIBITION AGAINST SHARING IN CORPORATE EARNINGS AND PROHIBITED POWERS Section 1 Prohibition Against Sharing in Corporate Earnings. No Member, Director, Officer, or employee of or member of a committee of or person connected with the Corporation, or any other private individual shall receive at any time any of the net earnings or pecuniary profit from the operations of the Corporation, provided, that this shall not prevent the payment to any such person of such reasonable compensation for services rendered to or for the Corporation in effecting any of its purposes as shall be fixed by the Board of Directors; and no such person or persons shall be entitled to share in the distribution of any of the corporate assets upon the dissolution or winding up of the affairs of the Corporation, whether voluntary or involuntary, the assets of the Corporation, after all debts have been satisfied, then remaining in the hands of the Board of Directors shall be distributed, transferred, conveyed, delivered, and paid over, in such amounts as the Board of Directors may determine or as may be determined by a court of competent jurisdiction upon application of the Board of Directors, exclusively to organizations which would then qualify under the provisions of Section 501(c) (3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be • amended Section 2. Prohibited Powers. Notwithstanding any other provisions of these by-laws, no Members, Directors, Officer, employee or representative of this Corporation shall have the power to take any action or carry on any activity by or on behalf of the Corporation not permitted to be taken or carried on by a non - profit Corporation under the provisions of Section 41621, Hawaii Revised Statutes, as amended. - ARTICLE X: BOOKS AND RECORDS, SEAL Section 1. Books and Records. The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors and committees having any of the authority of the Board of Directors, and shall keep at the registered or principal office a record C giving the name and address of each Director. All books and records of the orporation may be inspected by any Director or Regular Member, or his or her agent or his or her attorney for any proper purpose at any reasonable time. Section 2. Seal. The Corporation may have a seal of such form as the Board of Directors may from time to time determine, which seal shall be in the custody of the secretary. The Board of Directors may change the form of the seal or the inscription thereon at pleasure. ARTICLE XI: AMENDMENTS TO BY - LAWS Section 1. Amendment. These By -laws may be altered, amended, added to or repealed by an affirmative vote of not less than a majority of all Directors of the Corporation if notice of the proposed amendments shall have been given in the call for such meeting. s • j