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HomeMy WebLinkAboutCOM 0344.000 2014-2016 _•J�ytY,��N��. • a„� :: Clayton S.Honma William P. Kenoi • ; Director Mayor +r,�4.Of,M'��• Kenneth J. Van Bergen Deputy Director County of 3athat t DEPARTMENT OF PARKS AND RECREATION 101 Pauahi Street,Suite 6•Hilo,Hawaii 96720 (808)961-8311 •Fax(808)961-8411 ,.,, http://www.hawaiicountv.gov/parks-and-recreation/ �'—' ©t'3 C • June 9, 2015 x .40 Honorable Dru Kanuha, Chairman -, and Members of the Hawaii County Council N County of Hawaii w — 25 Aupuni Street Hilo, Hawaii 96720 Subject: Department of Parks and Recreation's Evaluation of Grant Applications for PONC Stewardship Grants Dear Chairman Kanuha and Members of the Hawaii County Council, The Department of Parks and Recreation has received five applications seeking stewardship grants to maintain and preserve County of Hawaii lands acquired through the Public Access, Open Space and Natural Resources Preservation Fund. The fund's balance was $1,171,543 as of June 1, 2015. Each applicant meets the requirement of being recognized by the IRS as a 501(c)(3) nonprofit organization. I have completed my review of these applications and am pleased to present my evaluation of each proposal, identified by location, and recommendation about each applicant's ability to complete the project according to the project plan. Pa`o`o (North Kohala) TMK: 5-7-01;05: • Applicant Kohala Kahakai is requesting $18,122 toward a project expected to cost $24,182. Its matching share would be 25 percent. This applicant proposes to conduct community-based archeological work to identify previously overlooked or misidentified historical sites, including human burials, and gather user data to design conservation and preservation projects. It will produce an archaeological assessment to serve as the basis for an area preservation plan. Also, the applicant proposes to mitigate the threat of wildfire by performing 20 hours of tree-trimming work and related vegetation removal. 2 Comm. No. 3 ifq County of Hawaii is an Equal Opportunity Provider and Employer. Ref. To: PC- Ref. LRef. Dore JUN 12 an Honorable Dru Kanuha, Chairman and Members of the Hawai'i County Council June 9, 2015 Page 2 The applicant proposes using County funding to pay five high school student interns to produce the archeology assessment and gather the user data. It also seeks funding to pay both a work crew and a field manager. Including keiki in this important cultural work is commendable, however, I'm concerned this arrangement would violate Hawaii County Charter Section 10-16 (h) (5), which states, "No officer, board member, or employee of the 501(c)(3) nonprofit organization or the organization that operates under the umbrella of a 501(c)(3) nonprofit organization shall receive a salary or payment for labor or receive any reimbursement for the stewardship work on the project." Wages for student interns, work crews and a field manager are not eligible grant expenses under the Charter. These labor costs total $12,700 and account for more than two-thirds of the applicant's $18,121 grant request. Due to this, my recommendation is the applicant would be unable to comply with the Charter requirements and still complete its proposed project. Kaiholena (North Kohala) TMKs: 5-8-01;11,19-25: • Applicant Kohala Kahakai is requesting $39,247 toward a project expected to cost $47,226. Its matching share would be 17 percent. Similar to its other proposal, the applicant seeks to employ students to conduct archaeology surveys aimed at identifying possibly overlooked cultural features, gather user data to design conservation and preservation projects, and perform wildfire mitigation. The same concerns raised above also apply to this proposal. Specifically, the applicant seeks County funding to pay student interns, work crews and a field manager. Combined, these labor costs account for $21,365 of the applicant's $39,247 funding request. Due to this, my recommendation is the applicant would be unable to comply with the Charter requirements and still complete its proposed project. Waipi`o (Hamakua) TMK: 4-8-04;06: • Applicant Pohaha I Ka Lani is requesting $83,500 toward a project expected to cost $183,500. Its matching share would be 54 percent. This applicant proposes to reduce invasive species, propagate native plants, educate users about the area's history and culture, and create a "Hawaiian Preservation Buffer and Learning Zone." The applicant has a history of providing land stewardship and cultural education in this rich area. However, it doesn't show a specific funding source for $100,000 to pay four personnel needed to run its program. The applicant proposes to include Waipio Valley land into its program and "create a viable buffer used to ... dissuade those who have no function in Waipi'o to descent into the valley." Waipio Valley is not part of the County land identified for this County of Hawaii is an Equal Opportunity Provider and Employer. Honorable Dru Kanuha, Chairman and Members of the Hawai'i County Council June 9, 2015 Page 3 maintenance program. It's non-County land over which the Department of Parks and Recreation has no control. I'm concerned about supporting a policy of discouraging public use of this area, and feel that restriction, if appropriate, should be determined and implemented by the affected landowner. Still, the stewardship of the County's land and the need to educate users about this unique and culturally historic area are important. I recommend the applicant will have great difficulty completing its project without a verified source of funding needed to pay personnel to run the project. Waipi`o (Hamakua) TMK: 4-8-04;06: • Applicant Friends of the Future on behalf of the Waipi`o Community is requesting $54,630 toward a $77,630 project. Its matching share would be 30 percent. This applicant proposes to create a map of existing vegetation, clear vegetation from the property, plant native vegetation, and fence the property to create a safe gathering place. It also wants to work toward establishing a cultural education center/museum, although this is not part of the funding request. This applicant has ties to Friends of the Future, which has assisted with the Waipi'o Valley Ranger Program since it was established in 2004. It offers a detailed plan for improving the property through the use of volunteer labor. This approach saves taxpayer money and helps give the community a sense of ownership. However, the applicant proposes building a parking lot for workday volunteers. The Charter prohibits roads and paths, but does not mention parking lots. I suggest that a parking lot is prohibited because it would be considered construction of infrastructure. No itemized cost is given for the parking lot, so it's difficult to subtract that component from the overall application. I recommend this applicant's ties to the subject property and detailed budget showing funding sources adequately demonstrate its ability to complete the project less the parking area project. Kawa/Kawa`a Bay (Ka`u) TMKs: 9-5-16; 06, 25 and 9-5-17;05,07: • Applicant Uhane Pohaku Na Moku 0 Hawaii is requesting $9,500 toward a project estimated to cost $131,088. Its matching share would be 93 percent. This applicant proposes to restore the area's cultural sites, including Kawa Fishpond, gravesites, and Keeku Heiau, while also removing invasive species. These activities would be in conjunction with developing a community work plan involving youth, with a special focus on at-risk keiki, who would be taught traditional farming and other cultural practices. County of Hawai'i is an Equal Opportunity Provider and Employer. Honorable Dru Kanuha, Chairman and Members of the Hawaii County Council June 9, 2015 Page 4 Uhane Pohaku Na Moku 0 Hawaii seeks funding only to purchase supplies, plants and power tools. It would finance nearly all of the project's cost, yet doesn't list the source of a matching $65,000 for partial personnel expenses. Also, it doesn't itemize its request for $3,000 worth of supplies or list individual costs for $5,000 worth of equipment. This applicant's lack of matching funds seriously jeopardizes its ability to complete the project. This applicant has performed similar projects throughout Hawaii, and has worked with several reputable cultural organizations, including the Office of Hawaiian Affairs and the Queen Lili`uokalani Children's Center. The educational component of its proposal is especially compelling, although the Charter calls for maintenance of the public's lands, and not educational programs. The vagueness of its application brings into question the nonprofit's ability to complete the proposed project. The applicant seeks to build a multipurpose hut and place a portable bathroom on the property. The Charter appears to prohibit this form of improvement. Because of these factors, I recommend the applicant will be unable to complete its project as proposed. This concludes my evaluation of the five PONC stewardship grant applications received by the Department of Parks and Recreation and my recommendation about each applicant's ability to complete the project according to the project plan. While all of the grant applications are well-intended, some have shortcomings, including components that would conflict with the Hawaii County Charter and a lack of secured matching funding. I'm happy to respond to any questions you wish to pose. Sincerely, Clayton S. Honma Director Enclosures: Section 10-16 of the Hawaii County Charter Summary of Five Stewardship Grants Received Kohala Kahakai Proposal (Pa`o`o) Kohala Kahakai Proposal (Kaiholena) Pohaha I Ka Lani Proposal (Waipi`o) Friends of the Future Proposal (Waipi`o) Uhane Pohaku Na Moku 0 Hawaii Inc. (Kawa) County of Hawaii is an Equal Opportunity Provider and Employer. PONC Stewardship Grant Applications FIVE Proposals were received by 8/29/14 deadline: • Pa'o`o: o Kohala Kahakai ■ $18,121 requested ($24,182 project) ■ Community-based archeology ■ Remove vegetation to reduce fire risk ■ Two paid student interns • Kaiholena: o Kohala Kahakai ■ $39,247 requested ($47,226 project) ■ Community-based archaeology ■ Remove vegetation to reduce fire risk ■ Two paid student interns • Waipi'o: o Pohaha I Ka Lani ■ $83,500 requested ($183,500 project) • Create "Hawaiian Preservation Buffer and Learning Zone" • Educate users about history and culture of valley • Propagate native plants • Reduce invasive species • Waipi`o o Friends of the Future ■ $54,630 requested ($77,630 project) ■ Clear and replant property ■ Educational center for people entering valley ■ Fence property • Kawa Bay: o Uhane Pohaku Na Moku 0 Hawai'i ■ $9,500 requested ($131,088 project) ■ Restore and preserve Kawa Fishpond and related sites ■ Develop community work plan involving youth Available Funding: $1,171,543 (as of 6/1/15) (c) Monies in this fund shall be used solely to: (1) Purchase or otherwise acquire lands and easements in the County of Hawai`i for public outdoor recreation and education, including: (A) Access to beaches and mountains; (B) Preservation of historic or culturally important land areas and sites; (C) Protection of natural resources, significant habitat or eco-systems, including buffer zones; (D) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (E) Protection of watershed lands to preserve water quality and water supply. (2) Pay the principal, interest and premium, if any, due with respect to bonds issued in whole for the purpose of this fund. (d) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but shall remain in the fund accumulating interest from year to year. The moneys in this fund shall not be used for any purpose except those listed in this section. (e) The council shall by ordinance establish procedures for the administration and expenditure of moneys in this fund. (f) This fund shall be used for acquisition of land and easements and shall not be used for development, maintenance or for any purpose other than as provided in this section. (g) The highest and best use of this fund is to leverage the money in the fund by attracting matching funds, although, matching funds are not required in every purchase. (h) Any land acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This land was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai`i County and may not be sold, mortgaged, traded or transferred in any way." (i) Any easement acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This easement was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai`i County and may not be sold, mortgaged, traded or transferred in any way." (2010,Prop. 1, sec. 1; 2012, Ord. No. 11-94, sec. 1.) Section 10-16. Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. (a) The purpose of the public access, open space, and natural resources preservation maintenance fund is to accrue and use moneys for maintenance of lands and easements acquired by the public access, open space, and natural resources preservation fund. The maintenance fund will ensure that money is dedicated to preserve the land, promote public safety, and maintain a healthy stewardship. 40 (b) Definitions. For the purpose of this section, the following definitions apply: "Maintenance" means to preserve and conserve lands and easements acquired by the public access, open space, and natural resources preservation fund and keep them in good repair for public safety. "Maintenance fund" means a separate fund that holds moneys directed from: 1) the general fund and property tax revenues; or 2) designated grants, private contributions, proceeds from the sale of general obligation bonds, council appropriations, and any other source of revenue. (c) There is established a public access, open space, and natural resources preservation maintenance fund (hereinafter "maintenance fund"). The maintenance fund shall be administered and managed by the department of parks and recreation. The financial aspects of the maintenance fund shall be handled by the department of finance. (d) Deposits due to the maintenance fund. (1) In adopting each fiscal year's operating budget, the council shall appropriate one- quarter of one per cent of all real property tax revenue (including interest and penalties) to the maintenance fund. Deposits to the maintenance fund shall occur on a quarterly basis at a minimum. (2) Additional revenue deposited in the maintenance fund may consist of grants and private contributions intended for the purpose of this section, proceeds from the sale of general obligation bonds authorized and issued for the purpose of this section, council appropriations for the purpose of this section, and any other source of revenue. (e) Accounting for the maintenance fund; interest bearing accounts; reporting by the department of finance. (1) All moneys in the maintenance fund shall be deposited in interest bearing accounts until needed. Any interest shall accrue to the maintenance fund. (2) Moneys in the maintenance fund shall be identified separately for: (A) Funding received from the real property tax revenue including interest and penalties; and (B) Funding received from grants and private contributions, and any other source of revenue, and its interest earned, which: i. Shall be itemized and earmarked for specific projects for the lands or easements. ii. Shall not be subjected to the maximum accrual of funds limit provided in subsection(f). (3) Financial statements shall be posted each month on the public access, open space, and natural resources preservation fund web site. (f) Maximum accrual limit in maintenance fund; exemption to funding. (1) Only moneys derived from real property tax revenue, its interest, and its penalties shall be included in the computation of the maximum accrual limit for the maintenance fund. All other moneys specifically directed to the maintenance fund shall be held separately from those moneys in the maintenance fund that originated from real property tax revenues (including interest and penalties), and shall not be subjected to the maximum accrual limit. (2) The maximum accrual limit shall not exceed $3,000,000. 41 (3) At the end of any fiscal year in which the maintenance fund holds unencumbered funds derived from real property tax revenue (including interest and penalties) of at least $3,000,000, any unencumbered amount in excess of that $3,000,000 shall be permanently transferred to the general fund balance. (4) Exemption to funding. If the maintenance fund holds $3,000,000 in unencumbered funds derived from real property tax revenue (including interest and penalties), then the council and the executive branch do not need to add more money to the maintenance fund until the next budget cycle. This exemption shall not release the administration from its mandatory duty to maintain and preserve lands and easements acquired by the public access, open space, and natural resources preservation fund in good repair for public safety each fiscal year. (g) The maintenance fund shall be used solely for public safety maintenance and preservation of those lands and easements acquired by the public access, open space, and natural resources preservation fund, and may be used only for expenditures directly related to its purpose. Expenditures by the administration or stewardship grants presumed to be directly related are as follows: (1) Reparation(fixing, mending, repair work, and servicing); (2) Preservation (damage control, salvaging, safekeeping, and safeguarding); (3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands, watershed, and floodways; (4) Restoration(replacement, reclamation, reconditioning, and remediation); (5) Wildfire and fire prevention; (6) Repair of existing buildings to meet the current code requirements, if the building is deemed reasonable to save; (7) Replacing signs to meet the current code requirements; (8) Installation, repair, or replacement fencing and gate or access mechanisms; (9) Installation or repair of cattle guards; (10) Mitigation of flooding problems including repair or restoration of existing culverts, drainage features, or other similar flood control mitigation; (1 1) Archeological survey and buffering of Native Hawaiian historical or cultural sites after appropriate consultation with Native Hawaiian descendants and cultural practitioners; (12) Biological studies for the protection of Native Hawaiian species of plants and animals; or (13) Mitigation of Americans with Disabilities Act compliance issues that may arise during the course of public safety maintenance and preservation. Moneys in the maintenance fund shall not be used for planning, design, development, or construction of new buildings, facilities, or infrastructure including roads, paths, bridges, culverts, ramps, or drainage features. Money in the maintenance fund shall also not be used for mitigation of Americans with Disabilities Act compliance issues for any new buildings, facilities, or infrastructure. Payment to resolve these aforementioned issues shall be from the capital improvement projects budget or allotments derived from the general fund. 42 (h) Stewardship Grants. Moneys may also be used to provide grants-in-aid for projects, which uses are reflected in subsection(g). (1) An award of a stewardship grant shall be by council resolution. Stewardship grants may be awarded only until moneys in the maintenance fund are extinguished. Grants shall be awarded on the basis of ability of the stewardship organization to complete the project on time and within cost estimates. (2) Only 501(c)3 nonprofits or an organization that operates under the umbrella of a 501(c)3 nonprofit, and that can complete a project for the good of the community, shall be considered for a stewardship grant. (3) Public notice by the department of finance of the availability of the stewardship grants shall be placed in two newspapers of general circulation, as well as electronic media accessible by internet, by August 1 of each fiscal year provided money is available. These advertisements shall be paid for from the maintenance fund. (4) To apply for a stewardship grant, a stewardship organization shall provide to the department of parks and recreation the following: (A) An application form obtained from department of parks and recreation which is completed for each specific purpose or project; (B) A detailed business plan for the project that includes the name of the 501(c)3 nonprofit organization, the organization that operates under the umbrella of a 501(c)3 nonprofit organization, if any, a copy of its letter of determination from the Internal Revenue Service, a copy of its bylaws and mission statement, a description of the specific project, time frames for project goals, costs, and activities to accomplish the stated purpose, and any other information requested by the department of parks and recreation; and (C) A signed agreement to file a written report one year or less after receipt of funds that includes details as to what has been accomplished on the project, costs, and how the money was spent. (5) No officer, board member, or employee of the 50l(c)3 nonprofit organization or the organization that operates under the umbrella of a 501(c)3 nonprofit organization shall receive a salary or payment for labor or receive any reimbursement for the stewardship work on the project. The 501(c)3 nonprofit shall sign an agreement so stating these conditions and submit it with the application. (6) Mismanagement of moneys awarded for a stewardship grant shall bar the 501(c)3 nonprofit organization and the organization that operates under the umbrella of a 501(c)3 nonprofit organization from receiving future grants from the maintenance fund. (7) The director of the department of parks and recreation shall provide a short written evaluation of the proposed project to the council and include a recommendation about the applicant's ability to complete the project according to the project plan. (2012, Ord. No. 12-16, sec. 1.) 43 DEPARTMENT OF PARKS&RECREATION AUPUNI CENTER 101 PAUAHI STREET, SUITE 6 HIID, HI96720 TELEPHONE: (808) 961-8311 PONC STEWARDSHIP GRANTRQUEST` A. NAME AND ADDRESS OF ORGANIZATION: Kohala Kahakai P .O. Box 76 , Hawi, HI 96719 B. REQUIRED DOCUMENTS: x Non-profit (501(c)(3), IRS letter of determination x Copy of organization bylaws and mission statement x DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Joe Carvalho PHONE -- Work: 884-5476 Mobile: D. PROJECT PERIOD: 12 months to E. PROJECT AREA: Pao T o DEPARTMENT OF PARKS &RECREATION Page 1 F. PROJECT COST Applicant share: $ 2 , 500 Other resources: $ 3 , 600 Amount requested: $ 18, 121 Total Project Cost: $ 24 , 182 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: Toni Withinqton TITLE OF AUTHORIZED OFFICIAL: Secretary SIGNED: Please see signature page DATE: Aug. 28, 2014 in Attachment B. For Office of Management Use Only DATE RECEIVED: APPROVED Amount: $ Comment: DENIED Reason(s) DEFERRED Reason (s) — SIGNED: DATE: Managing Director DEPARTMENT OF PARKS &RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): Please see attachment A DEPARTMENT OF PARKS &RECREATION Page 3 II. PROJECT DESCRIPTION A. Location of Project: Pao ' 0 B. Number of Persons Who Will Benefit: 3 , 0 00 C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): Please see attachment A DEPARTMENT OF PARKS &RECREATION Page 4 III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA's): N/A B. Special Management Area (SMA) Permit: aDpl yi ng for C. Other: CDUA being submitted to DLNR DEPARTMENT OF PARKS & RECREATION Page 5 IV. PROJECT BUDGET BUDGET DETAILS Please see Attachment A PROJECT APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED TOTAL $ $ $ $ $ $ $ $ $ $ $ $ $ Total $ $ $ $ DEPARTMENT OF PARKS &RECREATION Page 6 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): Please see Attachment A B. Main source(s) of financial support: Please see Attachment A C. Please list prior projects successfully completed: 1 Please see Attachment A 2. 3. DEPARTMENT OF PARKS & RECREATION Page 7 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: TW Certificate of insurance shall be required with County of Hawai'i named as additional insured. TW Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS &RECREATION Page 8 Attachment A - Narrative Business Plan Project Budget Applicant Information Paolo Business Plan, Project, Budget, and Applicant Information I. Business Plan Kohala's long-term vision to ensure the sustainable stewardship of these lands is to support the development,by local families and community groups, of services and goods related to these land and that a portion of the income derived is returned to stewardship of the land. A very important component of this vision is to create career pathways for Kohala youth to learn from professionals in the fields of natural and cultural resource management and conservation and provide hands-on internship and mentoring opportunities for them. We will employ the principals of social commerce - community networks (community groups, families,locally based businesses) -to inform and drive economic activities creating jobs that protect resources and provide income for Island families. LONG-TERM ',Lands support intergenerational collaboration for localized, sustainable economy --Emphasis;o community self-reliance'and r silieney Stewardship and restoration activities generate income to support management by local community Managed shoreline food sources, reviving dry land cultivation methods, salt making, ildfire miti ;atiiii, etc. t 1C()11i4 ; 1(111,. i' 44 Community subsistence, "� � food self-reliance, and „4 ,employment 12 Pao'o-Kohala Lihikai Application for Maintenance Funds Page 1 of 1 II. Project Description Community-based Supplemental Archeological Survey This project is designed to closely interface with the consultant to be hired by the County to conduct an archeological survey of Pao'o. The existing archeological work for Pao'o neglected to include burials and misidentified a compound that some refer to as a heiau. Working with National Park Service and other island professional archeologists, including Ashton Ah Sam Dirkes, and the archeological consultant hired by the County,the existing Pao'o archeological information will be augmented through community based archeology. First, consultations with descendents will be contacted to ask for their permission and input on how to proceed with this project, including, if they wish to do so, contributing their knowledge regarding sites or determining which knowledge should not be shared publicly. Depending on their input this project may be adjusted. Next, professional archeologists will provide an overview to local students of archeological work in Kohala and the tools and techniques typically used in survey work through three classroom visits. This same information will be provided at a community workshop. Archeological data will be gathered during a field trip with students and community members. Three paid internships will be offered to local high school students to spearhead drafting the archeological assessment from the field data. These interns, under the tutelage of professional archeologists, may make additional site visits to gather data. The assessment will be reviewed and edited by NPS archeologist and the other on-island archeologists participating in this project. The final assessment will be used to create a preservation plan for this area. User Surveys for Conservation Projects Current user data is needed to accurately design conservation and preservation projects. Updated data regarding the number of users,type of uses (recreational, cultural, gathering, fishing, etc.), frequency of use by various users (families, individuals,groups, etc.) is needed, and interest by users in assisting with stewardship activities. Users are also uniquely poised to offer insights on strategies and actions for protecting resources. All of the above data will help identify community-based assets available for long-term stewardship of this area. Through two class room visits, individuals with professional experience designing and implementing conservation and preservation projects, including user assessments, will provide an overview to local students of and the tools and techniques typically used in this type of work. Two paid internships will be offered to students in these classes through an application process to create survey tools, conduct user surveys at Pao'o, and summarize the data in a final report under the mentorship of professionals. Wildfire Mitigation This area is in the heart of an area at high risk for devastating wildfires as the dominant vegetation,kiawe and grasses, easily carry fire. Fires in the area have devastated native vegetation, created erosion,and destroyed cultural sites —kiawe burns so hotly that pohaku explode. This project will mitigate wildfire to prevent Pao'o-Kohala Lihikai Application for Maintenance Funds Page 2 of 2 erosion impacts to water and air quality and endangered species habitat by trimming kiawe to minimize the possibility of ground fires moving up into trees (which creates hotter, more destructive fires) and weedwhacking to decrease ground fuels. This fuels reduction work will be completed by on-island crews trained in working in culturally and archeologically sensitive areas, following protocols outlined by family members and descendents and ensuring natural resources are protected as well as localized micro-environments (balance of shade and moisture retention with reduction of hazardous fuels). Twenty hours of mitigation work will be accomplished by a six-member crew with training in working in culturally sensitive areas. Before and after photos and estimates of reduced fuel load will be done. Terrain varies so it is difficult to estimate before hand the exact acreage to be treated. Please see the Implementation Schedule on page 4. Pao'o-Kohala Lihikai Application for Maintenance Funds Page 3 of 3 Implementation Schedule Month Action * Actions 1 2 3 4 5 6 73 9 10 11 12 , For all activities, secure all required approvals and permits. SMA needed. EA not required. Secure 1 exemption for CDUA. x x x For all tasks, at conclusion of task, summarize work 2 accomplished to County w/lessons learned x Community-based Supplement Archeology Asssessment Host planning meeting with volunteer archeologists, Consultant hired by County, and Kohala High School 3 teachers - adapt project as needed. X . . x x 4 Vist class rooms with archeologists x ..... , ... . . S Host community workshop x . .; . . . , 6 Conduct site visits with archeologists and students x x x Offer and select paid internships for high school 7 students x Students draft assessment und or guidance from 8 archeologists x x x x Wildfire Mitigation .„....._ Conduct planning meetingto refine scope of work if 9 needed x . ,.., !Conduct site-visit to refine scope of work - exact areas of fuels reduction for optimal protection of 10 resources x Take pre-mitigation photos and measurements of areas to be treated and estimates of fuels to be I 11 reduced x , I Hire crew trained in mitigation in resource senstive areas and rent needed equipment (safety, 12 weedwhippers, chainsaws, chains, chipper) x 13 Review training with crews, on-site x Conduct mitigation under the supervision of an arechologist and experienced individival in wildfire 14 mitigatin x x . Take post-mitigation photos and measurements of 15 area treated and estimates of fuel reduced 16 User Surveys for Conservation Projects . , . . Host planning meeting with Kohala High School teachers - likely combined with Community used 17 Archeology planning meeting x Visit classrooms with resource management 18 professionals x x 19 Offer and select paid high school interns x , interns conduct on-site surveys and draft summary 20 report x x x x x x x : Pao'o-Kohala Lihikai Application for Maintenance Funds Page 4 of 4 IV. Budget Pao'ea Applicant Other Amount Pr'o)ect Budget Share ResourceRegUnified Total In-kind liability and oredloal ror all pr*j*r:a provided throoqi NPS S2 000.00 $2,000,00 Palliating,g, plarindng,coardiriation for ail project -K fele t_ifrtf R, Kalinin la Htcfta Scfloat, 'rvliitarrno Kubota Ketier4ei .S2,0011.00 $2,04t1)flit' Transportation for high ac ,r field trip (Pan and Kalhetena field leis combined SADO Transportation for interns for arch and user assessments-3 tele visits x SO.551rni x 24 mid, Patio and Kolholone assuartiente with inform; erill he an different da s 1111 $39,00 I. r r .Supplies (3 CiPS iirtits„iiollware to interlace Wiiti CPS units,gloves,safely glasses,paper anti prtniirkg for student arch assearheritsr, GPS units will be made available for other protects. - assume use kniholerie OPS units end software $80000 SEit10.00 Donated 3rnhDLtrrgi t lime - 10 t r: x 1001tir 1 00000 1 00000 Mill !Idfir illraridrr IIIIMMIIIIIIIIMIIIIIIII *S20thr * 40 his S4 800 00 S4 r 00 SUpplies Prom kcalholena Ito ed. $732,00 00 Fi90 trionger for orews S500 00 S1,400.00! ,900 00 1111$500.00 UiSEIrt SrlI rvorrl lanr Coips toryarr uuict o1600.00 r jfocts a s mnts and mentor rki li tp p r and rintir I r finrt r itiottTOTA $ .500.00 $3,800. Pao'o-Kohala Lihikai Application for Maintenance Funds Page 5 of 5 V. Applicant Information A. History Kohala Lihikai was formed through the cooperation of the many community groups in North Kohala that have for years focused on cultural, access and environmental preservation of the district's coast. The recognition that the community needed one non-profit group to undertake responsibility for stewardship of public and private lands brought together leaders of these groups to form the core of Kohala Lihikai, which was incorporated in August 2011. It was through the efforts of five of these groups that the lands at Pao'o and Kaiholena were nominated and purchased. The current board of directors consists of the following: Joe Carvalho of the North Kohala Community Access Group; Mike Isaacs of Kohala Historic and Cultural Preservation Group; Fred Cachola of Malama Wahi Pana 0 Kohala; Gail Byrne Baber of Malama Kohala Kahakai; Sarah Pule Fujii of Friends of Keokea Park and Ralph Galan of Galan Ohana and Toni Withington of Kamakani 0 Kohala Ohana. B. Sources of Financial Support Most of Kohala Lihikai's work has been accomplished through volunteer time and donated resources. We are fortunate to be able to partner with a number of other community groups to leverage our work and we also work with the National Parks Service Ala Kahaka National Historic Trail,which has significant capacity to support community based work, e.g. NPS is allowing us to work under the MOU with the County so that Kohala Lihikai is covered by liability insurance. We have received a few small donations and partnered with Malama Kohala Kahakai on a project funded by the Hawaii Tourism Authority. We are continuing to build our capacity to fund our work. C. Project Successfully Completed Continuing restoration using native plants of the mile-long shoreline makai of Upolu Airport. This involves coordination with Department of Transportation,Airports Division; National Park Service,Ala Kahakai National Historic Trail; Department of Education, Kohala High School, Kohala Middle School; Hawaii County Department of Planning and nine community organizations. The project includes soil erosion control, archaeological review,trail location, potting and transplanting naupaka and other native plants, a watering system. Of particular note is a sign painting project with Kohala Middle School art classes that involved education on the ethnobiology of native plants and the designing and painting of three large project signs and 12 interpretive signs over two years. Establishing a mentoring project with Kohala High School students for the repairing and stabilizing of stone walls at Lapakahi State Historic Park that were damaged by the 2006 earthquake. The best native stone builders in the state were brought in to supervise the project. This involved coordination with the high school, State Parks Department, HSPD and Ala Kahakai National Historic Trail. Co-sponsoring Kanikapila a me Mo'olelo o Kohala, and afternoon and evening of music,talk story and dinner open to all in Kohala, in October 2012. The community Pao'o-Kohala Lihikai Application for Maintenance Funds Page 6 of 6 dialog opened Kohala Lihikai's on-going program of open community participation in coastal, cultural and access issues. The event was put on with the help of the Ala Kahakai Trail Association and other funding sponsors. Locating descendents and long-time users of the ahupua'a of Pao'o and Kaiholena to better understand the history of these areas and to encourage participation in the planning for stewardship of these coastal lands. This involves coordination with the Ala Kahakai Trail Association, the staff of Ala Kahakai National Historic Trail, numerous Native Hawaiian and community groups in North and South Kohala as well as various news media including Kohala Mountain News and West Hawaii Today. The project, started in 2012 is on-going. Pao'o-Kohala Lihikai Application for Maintenance Funds Page 7of7 Attachment B - Required Documentation IRS Determination Letter Bylaws Mission Statement DCCA Vendor Compliance go ms=== = Cincinnati Service Center in reply refer to : 0752235477 CINCINNATI OH 45999-0038 Mar . 28 , 2013 LTR 4168C 0 45-3104951 000000 00 00014662 BODC: TE KOHALA LIHIKAI MALAMA KOHALA NEI X GAIL BYRNE BABER 4° PO BOX 198900 PMB 223 HAWI HI 96719-8900 021106 Employer Identification Number : 45-3104951 Person to Contact : Customer service Toll Free Telephone Number : 1-877-829-5500 Dear Taxpayer : This is in response to your Mar . 19 , 2013 , request for information regarding your tax-exempt status . Our records indicate that YOU were recognized as exempt under section 501 (c) ( 3) of the Internal Revenue Code in a determination letter issued in September 2012 . Our records also indicate that you are not a private foundation within the meaning of section 509(a ) of the Code because you are described in section( s) 509(a) ( 1 ) and 170 (b) ( 1) (A) (vi ) . Donors may deduct contributions to you as provided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106 , and 2522 of the Code . Please refer to our website www. irs . gov/eo for information regarding filing requirements . Specifically, section 6033(j ) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033 (j ) of the Code on our website beginning in early 2011 . 0752235477 Mar . 28, 2013 LIR 4168C 0 45-3104951 000000 00 00014663 KOHALA LIHIKAI MALAMA KOHALA NEI % GAIL BYRNE BASER PO BOX 198900 PMB 223 IIAWI HI 96719-8900 If you have any questions , please call us at the telephone number shown in the heading of this letter . Sincerely yours , Stephen E . Paxton Operations Manager , AM Operations 3 Bylaws of Kohala Lihikai Article 1 Offices Section 1. Principal Office The principal office of the corporation is located in Hawaii County, State of Hawaii. The primary mailing address of the organization is the U.S. Postal Service: P.O. Box 76, Hawi, HI 9671.9. Section 2. Change of Address The designation of the county or state of the corporation's principal office may be changed by amendment of these Bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these Bylaws. Address: 55-960 Beers Road, Hawi HI 96719. Dated: June 15, 2012 New Address: Dated: , 20_ New Address: Dated: , 20 Section 3. Other Offices The corporation may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may, from time to time, designate. Article 2 Nonprofit Purposes Section 1. IRC Section 501(c)(3) Purposes This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal.Revenue Code, including, for such purposes,the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page 1 of 16 Section 2. Specific Objectives and Purposes The purpose of this corporation shall be: (a) To preserve, promote, acquire, restore, sustainably manage, and steward land and near shore marine environments and their associated natural, historical, archeological, and cultural resources in a manner that is mindful of future generations. To protect public accesses and open spaces utilizing methods appropriate for each parcel of land or easement including cooperative agreements, easements, leases, licenses, and acquisitions. (b) Operate as a land trust in alignment with the best practices of land trusts. (c) To foster community-based stewardship involving descendents, users, youth, cultural practitioners, and kupuna (elders)in cooperation with landowners, government agencies, and local groups. (d) To foster the development of techniques, skills, and systems that will empower communities and local groups to manage open spaces and public access and associated natural and cultural resources in a sustainable and responsive manner. (e) To seek out, solicit, collect and distribute funds,receive donations, and or property to carry out projects consistent with the purposes stated herein and within the meaning of Section (c)(3) of the Internal Revenue Code, and the transaction of any or all lawful activities for which the nonprofit corporations may be incorporated under Chapter 415B, Hawaii Revised Statutes, Article 3 Directors Section 1.Number The corporation shall have six directors and collectively they shall be known as the Board of Directors. The number of directors may be changed by a majority of the Board of Directors. Section 2. Qualifications Directors shall be of the age of majority in this state and have an active interest in preserving and stewarding open spaces. Other qualifications may include a history of community work and skill set appropriate for supporting Kohala Lihikai's mission and purposes. Section 3.Powers Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required of this corporation,the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Section 4. Duties It shall be the duty of the directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or by these Bylaws; Bylaws of Kohala Lihikai Page 2 of 16 (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. (0 Review the organization's tax returns (990 form) for correctness and completeness before filing with the IRS. (g) Provide oversight of audits, compilation of financial statements, and selection of independent accountants. Section S.Term of Office Each director shall hold office for a period of six years and until his or her successor is elected and qualifies. To ensure smooth organizational transitions the Board may elect to stagger elections. For example, one third of the directors appointed in first term, may hold office for four years and until his or her successor is elected and qualifies, and one third of directors appointed in the first term, will hold office for five years and until his or her successor is elected and qualifies. Section 6. Compensation Directors shall serve without compensation except, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Section 7. Independence All of Kohala Lihikai's Board Members shall be independent voting Members as defined by the following criteria: (a) Board Member was not compensated as an officer or employee. (b) Board Member did not receive more than $10,000 during the year for any work associated with Kohala Lihikai except for certain reasons as disclosed fully to the Board per Kohala Lihikai's Conflict of Interest Disclosure policy as outlined in Article Nine, Section a. (c) No Board Member's family members were involved in a disclosable transaction (excess benefit, loan, significant business dealings,etc.). Specifically, no officer, director, trustee or key employee has a family relationship or business relationship with any other officer, director,trustee, or key employee. In addition to signing Kohala Lihikai's Conflict of Interest Disclosure foam during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have a family or business relationship with any other officer, director, or key employee. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse himself or herself from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Bylaws of Kohala Lihikai Page 3of16 Section 8.Place of Meetings Meetings shall be held at the principal office of the corporation unless otherwise provided by the Board or at such other place as may be designated from time to time by resolution of the Board of Directors. Section 9.Regular Meetings Regular meetings of Directors shall be held on the first Friday of every month at 9:00 A.M., unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same hour and place on the next business day. If this corporation makes no provision for members, then, at the regular meeting of directors held on the first Friday of April of every year, directors shall be elected by the Board of Directors. Voting for the election of directors shall be by written ballot. Each director shall cast one vote per vacancy. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected to serve on the Board. Section 10. Special Meetings Special meetings of the Board of Directors may be called by the Chairperson of the Board, the President, the Vice President, the Secretary, by any two directors, or,if different,by the persons specifically authorized under the laws of this state to call special meetings of the Board. Such meetings shall be held at the principal office of the corporation or, if different, at the place designated by the person or persons calling the special meeting. Section 11. Notice of Meetings Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Board of Directors: a.Regular Meetings. No notice need be given of any regular meeting of the Board of Directors. b. Special Meetings. At least one week prior to the meeting, notice shall be given by the Secretary of the corporation to each director of each special meeting of the Board. Such notice may be oral or written, may be given personally, by first class mail,by telephone, by facsimile machine, or via email and shall state the place, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of facsimile notification,the director to be contacted shall acknowledge personal receipt of the facsimile notice by a return message, email, or telephone call within twenty-four hours of the first facsimile transmission. c. Waiver of Notice.Whenever any notice of a meeting is required to be given to any director of this corporation under provisions of the Articles of Incorporation, these Bylaws or the law of this state, a waiver of noticein writing signed by the director, whether before or after the time of the meeting, shall be equivalent to the giving of such notice. Section 12. Quorum for Meetings A quorum shall consist of a majority of the active Members of the Board of Directors. Except as otherwise provided under the Articles of Incorporation, these Bylaws or provisions of law, no business shall be considered by the Board at any meeting at which the required quorum is not Bylaws of Kohala Lihikai Page 4 of 16 present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. Section 13. Majority Action as Board Action Every act or decision done or made by a majority of the directors at a meeting duly held at which a quorum is present is the act of the Board of Directors. Section 14. Conduct of Meetings Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, by the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed by Hawaii Revised Statutes, Section 414D, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws or with provisions of law. Section 15. Vacancies Vacancies on the Board of Directors shall exist(1) on the death, resignation or removal of any director, (2) whenever the number of authorized directors is increased, and (3) whenever any director is absent from three consecutive regularly scheduled Board meetings without prior notice. Any director may resign effective upon giving written notice to the Chairperson of the Board, the President, the Secretary or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No director may resign if the corporation would then be left without a duly elected director or directors in charge of its affairs,except upon notice to the Office of the Attorney General or other appropriate agency of this state. Directors may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state. Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the Board may be filled by approval of the Board of Directors. If the number of directors then in office is less than a quorum, a vacancy on the Board may be filled by approval of a majority of the directors then in office or by a sole remaining director. A person elected to fill a vacancy on the Board shall hold office until the next election of the Board of Directors or until his or her death, resignation or removal from office. Section 16. Nonliability of Directors The directors shall not be personally liable for the debts, liabilities or other obligations of the corporation. Section 17. Indemnification by Corporation of Directors and Officers The directors and officers of the corporation shall be indemnified by the corporation to the fullest extent permissible under the laws of this state. Section 18. Insurance for Corporate Agents Except as may be otherwise provided under provisions of law, the Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Bylaws of Kohala Lihikai Page 5 of 16 corporation (including a director, officer, employee or other agent of the corporation) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law. Article 4 Officers Section 1. Designation of Officers The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. The corporation may also have a Chairperson of the Board, one or more Vice Presidents,Assistant Secretaries, Assistant Treasurers and other such officers with such titles as may be determined from time to time by the Board of Directors. Section 2. Qualifications Only a director may serve as an officer of this corporation. Section 3. Election and Term of Office Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. Section 4.Removal and Resignation Any officer may be removed, with cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract, which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. Section 5. Vacancies Any vacancy caused by the death, resignation, removal, disqualification or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine. Section 6.Duties of President The President shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. She or he shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be prescribed from time to time by the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, the President shall preside at all meetings of the Board of Directors. Except as otherwise expressly provided by law, by the Bylaws of Kohala Lihikai Page 6 of 16 Articles of Incorporation or by these Bylaws,he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks or other instruments whichmay from time to time be authorized by the Board of Directors. Section 7.Duties of Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law,by the Articles of Incorporation or by these Bylaws or as may be prescribed by the Board of Directors. Section 8.Duties of Secretary The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy, of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the Board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors, recording therein the time and place of holding, whether regular or special,how called, how notice thereof was given, the names of those present or represented at the meeting and the proceedings thereof. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. Be custodian of the records and of the seal of the corporation and affix the seal, as authorized by law or the provisions of these Bylaws, to duly executed documents of the corporation. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefore, the Bylaws and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law,by the Articles of Incorporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 9. Duties of Treasurer The Treasurer shall: Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies or other depositories as shall be selected by the Board of Directors. Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board Bylaws of'Kohala Lihikai Page 7 o f 16 of Directors, taking proper vouchers for such disbursements. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets,liabilities, receipts, disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefore. Render to the President and directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general,perform all duties incident to the office of Treasurer and such other duties as may be required by law,by the Articles of Incorporation of the corporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 10. Compensation The officers shall serve without compensation except, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Article 5 Committees Section 1. Executive Committee The Board of Directors may, by a majority vote of its Members, designate an Executive Committee consisting of Board Members and may delegate to such committee the powers and authority of the Board in the management of the business and affairs of the corporation, to the extent permitted, and except as may otherwise be provided,by provisions of law. By a majority vote of its Members, the Board may at any time revoke or modify any or all of the Executive Committee authority so delegated, increase or decrease but not below two (2) the number of the Members of the Executive Committee and fill vacancies on the Executive Committee from the Members of the Board.The Executive Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records and report the same to the Board from time to time as the Board may require. Section 2. Other Committees The corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. These committees may consist of persons who are not also Members of the Board and shall act in an advisory capacity to the Board. Section 3. Meetings and Action of Committees Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its Members for the Board of Directors and its Members, except that the time for regular and Bylaws of Kohala Lihikai Page 8 of 16 special meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are consistent with the provisions of these Bylaws. Article 6 Execution of Instruments,Deposits and Funds Section 1. Execution of Instruments The Board of Directors,except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation 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. Unless so authorized, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it Iiable monetarily for any purpose or in any amount. Section 2. Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the Treasurer or by the President of the corporation. Any check for more than $500 must have both the Treasurer's and President's signatures. Section 3.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 4. Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the nonprofit purposes of this corporation. Article Nine outlines Kohala Lihikai's gift acceptance policy, which requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 7 Corporate Records, Reports,Inspections, and Seal Section 1. Maintenance of Corporate Records The corporation shall keep at its principal office: (a. )Minutes of all meetings of directors,committees of the Board indicating the time and place of holding such meetings, whether regular or special,how called, the notice given and the names of those present and the proceedings thereof; (b.) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses. Revenue shall be recorded and broken out into three categories: related or exempt function revenue (based on non-profit mission), unrelated business revenue (not related to exempt purpose) and revenue excluded from tax (interest, dividends, royalties, gains, etc.) Bylaws of Kohala Lihikai Page 9 of 16 Non-cash contributions shall be recorded and broken down by specific type (time, goods, services, etc.) The value of non-cash contributions is determined using Federal guidance for the same and by the market value of the goods or services. Revenue received by Kohala Lihikai in excess of$5,000 from any one contributor must be itemized and detailed. Revenue derived from"special events" in excess of$15,000 shall be separated from other revenues received. (c.) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date at all reasonable times during office hours. Section 2. Corporate Seal The Board of Directors may adopt, use and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. Section 3.Directors' Inspection Rights Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation and shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law. Section 4. Public's Inspection Rights Kohala Lihikai shall make its governing documents, policies and financial statements available to the public upon request and in adherence to time frames outlined by the IRS. Documents will be reviewed at the Kohala Lihikai office. Section 5.Right To Copy And Make Extracts Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts. Section 6. Periodic Report The Board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members,if any, of this corporation, to be so prepared and delivered within the time limits set by law. Article 8 IRC 501(c)(3) Tax Exemption Provisions Section 1. Limitations on Activities No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or(b) by a corporation, contributions to which are deductible under Section 170(c)(2) of Bylaws of Kohala Lihikai Page 10 of 16 the Internal Revenue Code. Section 2. Prohibition Against Private Inurement No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its directors or trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation. Section 3. Disclosure of Potential and Real Conflicts of Interest Kohala Lihikai shall have a written conflict of interest policy, which all Board Members and key employees sign at the first Board meeting of the year. This policy requires that interests that could potentially give rise to conflicts be disclosed in writing.If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. Section 4. Disclosure of Related Party Transactions In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have any related party transactions with any other officer, director,or key employee. If any real or potential conflict is identified, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Section 5.Distribution of Assets Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state. Section 6. Private Foundation Requirements and Restrictions In any taxable year in which this corporation is a private foundation as described in Section 509(a) of the Internal Revenue Code, the corporation 1) shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code; 4) shall not make any investments in such manner as to subject the corporation to tax under Section 4944 of the Internal Revenue Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page 11 of 16 Article 9 Organization Policies Kohala Lihikai as a nonprofit, tax-exempt organization, depends on charitable contributions from the public. Maintenance of its tax-exempt status is important both for its continued financial stability and for the receipt of contributions and public support. Therefore, the operations of Kohala Lihikai first must fulfill all legal requirements. Kohala Lihikai also depends on the public trust and thus is subject to scrutiny by and accountability to both governmental authorities and members of the public. Consequently, there exists between Kohala Lihikai and its Board, officers, and management employees a fiduciary duty that carries with it a broad and unbending duty of loyalty and fidelity. The Board, officers, and management employees, if any,have the responsibility of administering the affairs of Kohala Lihikai honestly and prudently, and of exercising their best care, skill, and judgment for the sole benefit of Kohala Lihikai. The interests of the organization must have the first priority in all decisions and actions. Therefore Kohala Lihikai has adopted the policies summarized below. All Board Members will review and sign these policies at the first meeting of the year. (a.) Conflict of Interest—ensures Kohala Lihikai's Board, officers, and management employees, if any, shall exercise the utmost good faith in all transactions involved in their duties, and they shall not use their positions with Kohala Lihikai or knowledge gained there from for their personal benefit. Persons Concerned: This Conflict of Interest policy is directed not only to Board Members and officers, but to all employees, if any, who can influence the actions of Kohala Lihikai. For example, this includes all who make purchasing decisions, all other persons who might be described as"management personnel," and all who have proprietary information concerning Kohala Lihikai. Key Areas in Which Conflict May Arise: Conflicts of interest may arise in the relations of directors, officers, and management employees, if any, with any of the following parties: • Persons and firms supplying goods and services to Kohala Lihikai • Persons and firms from whom Kohala Lihikai leases property and equipment • Persons and firms with whom Kohala Lihikai is dealing or planning to deal in connection with the gift,purchase or sale of real estate, securities, or other property • Competing or affinity organizations • Donors and others supporting Kohala Lihikai • Recipients of grants from Kohala Lihikai • Agencies, organizations, and associations that affect the operations of Kohala Lihikai • Family members, friends, and other employees • A related party, such as an officer, director, trustee, or key employee Nature of Conflicting Interest: A material conflicting interest may be defined as an interest, direct or indirect, with any persons and firms mentioned in the above paragraphs. Such an interest might arise, for example, through • Owning stock or holding debt or other proprietary interests in any third party dealing with Kohala Lihikai. • Holding office, serving on the Board, participating in management, or being otherwise Bylaws of Kohala Lihikai Page 12 of 16 employed (or formerly employed) by any third party dealing with Kohala Lihikai. • Receiving remuneration for services with respect to individual transactions involving Kohala Lihikai. • Using Kohala Lihikai's time, personnel, equipment, supplies, or good will other than for approved Kohala Lihikai activities, programs, and purposes. • Receiving personal gifts or loans from third parties dealing with Kohala Lihikai. Receipt of any gift is disapproved except gifts of nominal value that could not be refused without discourtesy. No personal gift of money should ever be accepted. Interpretation of This Statement of Policy: The areas of conflicting interest listed above, and the relations in those areas that may give rise to conflict, as listed above, are not exhaustive. Conceivably, conflicts might arise in other areas or through other relations. It is assumed that the trustees, officers, and management employees will recognize such areas and relation by analogy. The fact that one of the interests described in above exists does not mean necessarily that a conflict exists, or that the conflict, if it exists, is material enough to be of practical importance, or if material that upon full disclosure of all relevant facts and circumstances that it is necessarily adverse to the interests of Kohala Lihikai. However, it is the policy of the Board that the existence of any of the interests described previously shall be disclosed on a timely basis and always before any transaction is consummated. It shall be the continuing responsibility of Board, officers, and management employees to scrutinize their transactions and outside business interests and relationships for potential conflicts and to immediately make such disclosures. Disclosure Policy and Procedure: Disclosure should be made according to Kohala Lihikai standards. Transactions with related parties may be undertaken only if all of the following are observed: A material transaction is fully disclosed in the financial statements of the organization; The related party is excluded from the discussion and approval of such transaction; A competitive bid or comparable valuation exists; and The organization's Board has acted upon and demonstrated that the transaction is in the best interest of the organization. Disclosures should be made to the President or Chairperson of the Board, who shall determine whether a conflict exists and is material, and if the matters are material, bring them to the attention of the full Board of Directors. If a potential or material conflict exists, the Board Member with the potential or material shall excuse his or herself from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. The Board shall determine whether a conflict exists and shall determine whether the contemplated transaction may be authorized as just, fair, and reasonable to Kohala Lihikai. The decision of the Board on these matters will rest in their sole discretion, and their concern must be the welfare of Kohala Lihikai and the advancement of its purpose. (b.) Whistleblower - ensures that any person affiliated or not affiliated with the organization may report any wrong-doing including safety violations or inurement issues and shall not be penalized or intimidated in any way for doing so. All independent contractors shall be made aware of this policy and where they can report any concerns if they are not comfortable reporting them to a Board Member. Bylaws of Kohala Lihikai Page 13 of 16 (c.) Nondiscrimination —ensures Kohala Lihikai recruits, promotes, trains, terminates, and employs qualified persons on the basis of merit without regard to race, color,religion,national origin, sex, age, ancestry, marital status, sexual orientation, transgender status, disability, pregnancy, disability, military or veteran status, or any other protected class as set forth under applicable state and federal civil rights laws. Any employment or contracting decisions will be based on the individual's qualifications to perform the job. This policy of nondiscrimination applies to employment, training, compensation, promotion, transfer, social and recreational programs, and all other conditions of employment. All projects or any kind of financial award shall be implemented on this nondiscriminatory basis. It is the policy of Kohala Lihikai to, Ensure equal opportunity for all people without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, disability, military or veteran status, or any other protected class. Make reasonable accommodations wherever necessary for all employees or applicants with disabilities,provided that the individual is otherwise qualified to perform the major functions of the job. Thoroughly investigate instances of alleged discrimination and take corrective action if warranted. Any persons associated with Kohala Lihikai who has become aware of violations of this provision has the affirmative obligation to report the conduct to the President of the Board of Directors or another Board Member if the President is the offending party. Nondiscrimination Complaint Procedure: If any individual or organizations feels that Kohala Lihikai has violated its Nondiscrimination policy and/or violated Federal or State nondiscrimination laws, they may submit a complaint in writing or in-person to a Board Member or staff, if any, who must then document this complaint in-writing and forward it to all Members of the Board of Directors. A special meeting of the Board will then be called to review the complaint and to determine what action should be taken. Please note that multiple meetings may be necessary to resolve a complaint. Kohala Lihikai will also supply information to the complainant as it is available on what government agency may be contacted to register a complaint if the individual or organization is not satisfied with the Board's findings and actions. If, after submitting a complaint and if after the special meeting(s) of the Board, a complaint has not been addressed to the satisfaction of the complaining party, the following government agencies may be contacted for assistance: For violations of Federal law, contact the U.S. Department of Labor at, 1-866-4-USA-DOL (1-866-487-2365) Or at TTY Number (General DOL Inquiries): 1-877-889-5627 Or at http://www.dol_gov/dol/topic/discrimination/ethnicdisc.htm For violations of State discrimination laws, contact the Hawaii State Department of Labor and Industrial Relations and the Hawaii Civil Rights Commission at: (808) 586-8636 or, to dial a local number call 974-4000, Ext. 6-8636. Or atTDD:(808) 586-8692 Bylaws of Kohala Lihikai Page 14 of 16 Or at http://hawaii.govflabor/hcrc (d.) Document Retention and Destruction—this policy covers tax returns,receipts, invoices, grant contracts and associated reports, documentation for equipment and other assets, budgets, work plans, employee files, and contractor information. All Kohala Lihikai documents must be retained for five years with the exception of tax returns, organizational books, employee records, bylaws and amendments, and the articles of incorporation, which must be maintained for the life of the organization. (e.) Compensation -Kohala Lihikai's Board of Director's shall determine compensation for any contractor or employee commensurate with the individual's skills and experience and in alignment with the compensation for contractors or employees for organization's with similar budgets, administrative, and project responsibilities. The data from other organizations as well as the reasoning and discussion for the final compensation shall be recorded in the minutes of the organization, including how each member of the Board of Directors voted on any compensation. (f.) Gift Acceptance— Kohala Lihikai requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 10 Amendment of Bylaws Section 1.Amendment Except as may otherwise be specified under provisions of law, these Bylaws, or any of them, may be altered, amended or repealed and new Bylaws adopted by approval of the Board of Directors. Article 11 Construction and Terms If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern. Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding. All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter or other founding document of this corporation filed with an office of this state and used to establish the legal existence of this corporation. All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code. Bylaws of Kohala Lihikai Page 15 of 16 ADOPTION OF BYLAWS We, the undersigned, are all of the initial directors or incorporators of this corporation, and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of 16 pages, as the Bylaws of this corporation. Dated: June 15, 2012. NrAft •y—Lv,„*„ 4P-tif2,A rti./tv Bylaws of Kohala Lihikai Page 16 of 16 Kohala Lihikai August 2011 Our Vision Kohala Community Based Stewardship In Action Mission Statement: We protect access and open space in its natural state utilizing methods appropriate for each parcel including cooperative agreements, easements, and acquisitions. We foster community-based stewardship involving descendents, coast users, youth, cultural practitioners, and kupuna in cooperation with landowners, government agencies, and local groups. We support the use of traditional Hawaiian natural resource management principles and practices, while incorporating new information, science, technology and community needs on a site-by- site basis. Working Relationships The Kohala-based stewardship organization would have the following working relationships: • The NK Community Access Group and CDP Action Committee to Hawaii County • The Ala Kahakai Historic Trail to the National Park Service • The DOT, DLNR and other State agencies • The Planning Department to County of Hawaii • The Commission on Public Access, Open Space and Natural Resources for the County Open Space Fund • The State Legacy Land Preservation Commission for the Legacy Land Fund • Kamehameha Schools and their subsidiaries • Kohala connections would be initially but not limited to all the schools of North Kohala, Maika'i Kamakani 0 Kohala, Kamakani 0 Kohala Ohana— Kako'o, Kohala Historic and Cultural Preservation Group, Malama Kohala Kahakai, Malama Na Wahi Pana 0 Kohala, National Guard Alumni and Kohala Seniors Athletic Club. Goals The goals of the group are: 1. Perpetuate community stewardship of open space and access on a place by place basis in working partnership with land owners and government agencies. 2. Preserve the natural open space makai of Akoni Pule Highway and other mauka areas with great value to the community in perpetuity. Objectives The following objectives are equally important: • Establish stewardship programs and activities for each parcel or section of the coast to promote the following: 1. Cultural and historic preservation 2. Appropriate level of access 3. Environmental restoration and stabilization • Continue to evaluate the impact of access on natural and cultural resources of all lands with the ability to make changes on the level of access as needed • Involve youth by connecting them to kupuna to promote traditional ahupua'a practices • Educate and involve young people to be stewards of Kohala coastal lands • Do hands on work including ■ Maintain existing roads, trails and parking areas ■ Posting and maintaining signs ■ Planting natives trees and ground cover • Prioritize the purchase and preservation of significant Kohala land for community use from Kawaihae to Pololu. • Use a variety of tools and seek a variety of funding sources to secure open space protection • Work with government and private organizations to secure meaningful liability protection FORM A-6 STATE OF HAWAII—DEPARTMENT OF TAXATION (REV.2012) TAX CLEARANCE APPLICATION FOR OFFICE USE ONLY Form A-6 can be filed electronically. See Instructions. BUSINESS START DATE IN HAWAII A tax clearance must be obtained through Hawaii Compliance Express for .3IF APPLICABLE all state,city,or county government contracts. See Instructions. / AS / 0.20/3 (NOTE: References to"married","unmarried",and"spouse"also means HAWAII RETURNS FILED "in a civil union","not in a civil union",and`civil union partner",respectively.) IF APPLICABLE 1. APPLICANT INFORMATION: (PLEASE TYPE OR PRINT CLEARLY) 20 20_ 20 Applicant's Name � � A` .�._:. Address _`: 1 ("7 x STATE APPROVAL STAMP City/State/Postal/Zip Code 1 \ 1 (Not valid unless stamped) DBA/Trade Name of HawaH: 2. TAX IDENTIFICATION NUMBER: .izA LRA HAWAII TAX ID# w s3 7 Y < c-t _ q ?CJ _ 0 I 1 t AUG2 6 2014 FEDERAL EMPLOYER ID# _' 5— 3... t✓ L/ 1 - I no (FEIN) SOCIAL SECURITY#(SSN) - *IRS APPROVAL STAMP 3. APPLICANT IS A/AN_ (MUST CHECK ONE BOX) CORPORATION ❑ S CORPORATION ❑ TAX EXEMPT ORGANIZATION ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ ESTATE ❑ TRUST LIMITED LIABILITY COMPANY LI LIMITED LIABILITY PARTNERSHIP ❑ Single Member LLC disregarded as separate from owner;enter owner's FEIN/SSN ❑ Subsidiary Corporation;enter parent corporation's name and FEIN 4. THE TAX CLEARANCE IS REQUIRED FOR: (MUST CHECK AT LEAST ONE BOX) CERTIFIED COPY STAMP ❑ REAL ESTATE LICENSE ❑ CONTRACTOR LICENSE ❑ LIQUOR LICENSE* LI FINANCIAL CLOSING El PROGRESS PAYMENT El BULK SALES** --- -- - , 0 HAWAII STATE RESIDENCY ❑ FEDERAL CONTRACT ❑ PERSONAL ?taii LI SUBCONTRACT ❑ LOAN co r isai ptableas OTHER H [ f V. r d.A.--f° ...4aiitsetf:rtheeoriginal * IRS APPROVAL STAMP IS ONLY REQUIRED FOR PURPOSES INDICATED BY AN ASTERISK. lila€crt e isitificate iSSiteti **ATTACH FORM G-BA,REPORT OF BULK SALE OR TRANSFER 5. NO.OF CFRTIFIED COPIES REQUESTED: _._ _.. t:;°i ns()f Taxation 6. SIGNATURE: 0 S /2_G7 2._a t LI (8-Ce-)8 ,4/ _es--1/76, ( ) - ....._ II_AIIIIIRA.A,.__aH' - i0--1-\.._, SIGNATURE I DATE TELEPHONE rFAX 10 t4 l V-4(A) r���-cy\ `PR LeCIGCV 61111'9-0S i.,r e I I�` c tb1('... PRINT NAME orpo acer,General Partner or Member,I dividual(Sole Proprietor),Trustee,Executor POWER OF ATTORNEY. If submitted by someone other than a Corporate Officer, General Partner or Member, Individual (Sole Proprietor),Trustee, or Executor, a power of attorney (State of Hawaii, Department of Taxation, Form N-848) must be submitted with this application.If a Tax Clearance is required from the Internal Revenue Service,IRS Form 8821,or IRS Form 2848 is also required. Applications submitted without proper authorization will be sent to the address of record with the taxing authority. UNSIGNED APPLICATIONS WILL NOT BE PROCESSED. PLEASE TYPE OR PRINT CLEARLY —THE FRONT PARE OF THIS APPLICATION BECOMES THE CERTIFICATE UPON APPROVAL. SEE PAGE 2 ON REVERSE & SEPARATE INSTRUCTIONS.Failure to provide required information on page 2 of this application or as required in the separate instructions to this application will result in a denial of the Tax Clearance request. (Page 1 of 2) FORM A-6 APPLICANTS NAME FROM PAGE 1 (REV.2012) 7. LIQUOR LICENSING: L1 Initial ❑ Renewal ❑ Transfer-Seller ❑ Transfer-Buyer ❑ Special Event 8. CONTRACTOR LICENSING: ❑ Initial ❑ Renewal 9. STATE RESIDENCY: DATE APPLICANT ARRIVED OR RETURNED TO HAWAII 10. ACCOUNTING PERIOD: ❑ Calendar year ❑ Fiscal year ending(MM/DD) 11. TAX EXEMPT ORGANIZATION: A) Provide the Internal Revenue Code Section that applies to your exemption(e.g.,501(c)(3)). 8) Does your organization file federal Form 990-T, Exempt Organization Business Income Tax Return? tA YES ❑ NO C) Is your organization requirec to file federal Form 990,Return of Organization Exempt From Income Tax,or federal Form 990-EZ,Short Form Return of Organization Exempt From Income Tax? ❑ YES ' NO If"YES",your organization is required to obtain a general excise tax license.Go to line 12. If"NO",go to line 11D. 0) Does your organization have fundraising income? L. YES *NO It"YES",your organization is required to obtain a general excise tax license. 12. INDIVIDUAL: Spouse's Name , SSN 13. IF YOU DO NOT HAVE A GENERAL EXCISE TAX LICENSE AND REQUIRE ATAX CLEARANCE: A) Description of your firm's business__,, E) Has your firm had any business income in Hawaii? ❑ YES ❑ NO C) Has your firm had an office,inventory,property,employees,or other representatives in the State of Hawaii? ❑ YES ❑ NO D) Has your firm provided any services within the State of Hawaii(e.g.,servicing computers,training sessions,etc.)? ❑ YES 0 NO Note: If you answer"Yes"to any of the above questions,you are required to apply for a general excise tax license. FILING THE APPLICATION FOR TAX CLEARANCE The completed application may be mailed,faxed, or submitted in person to the Department of Taxation,Taxpayer Services Branch.Applications which require an Internal Revenue Service Tax Clearance(liquor licensing)will be forwarded to the Internal Revenue Service after processing is completed by the Department of Taxation.Allow up to 10 to 15 business days for processing between the Department of Taxation and the Internal Revenue Service. State Department of Taxation Internal Revenue Service TAXPAYER SERVICES BRANCH WAGE&INVESTMENT DIVISION P.O.BOX 259 -TC M/S H214 HONOLULU,HI 96809-0259 FIELD ASSISTANCE GROUP 562 TELEPHONE NO.:808-587-4242 300 ALA MOANA BLVD.,#50089 TOLL FREE:1-800-222-3229 HONOLULU,HI 96850 FAX NO.:808-587-1488 TELEPHONE NO.:808-566-2748 or FAX NO.:808-524-5950 830 PUNCHBOWL STREET, RM 124 or HONOLULU,HI 96813-5094 TAXPAYER ASSISTANCE CENTER HONOLULU: 300 ALA MOANA BLVD.,RM 1-128 Applications are available at Department of Taxation and IRS offices in Hawaii,and may also be requested by calling the Department of Taxation on Oahu at 808-587-4242 or toll-free at 1-800-222-3229.The Tax Clearance Application,Form A-6,can be downloaded from the Department of Taxation's website (www.hawaii.gov/tax). FOR OFFICE USE ONLY TYPE OF TAX TAX RETURNS FILED STATUS Clerk's ITEMS RECEIVED Initials INCOME GENERAL EXCISE/USE/ COUNTY SURCHARGE TAX HAWAII WITHHOLDING TRANSIENT ACCOMMODATIONS RENTAL.MOTOR(TOUR VEHICLE UNEMPLOYMENT INSURANCE OTHER TAXES (Page 2 of 2) Signature Page for application: Kohala Lihikai Board Member and Secretary,Toni Withington, is authorized to sign for this grant application to Hawaii County. l t DEPARTMENT OF PARKS&RECREATION AUPUNI CENTER 101 PAUAHI STREET, SUITE 6 HILL, HI96720 TELEPHONE: (808) 961-8311 PNC STEwAR.D HIP GRANT REQUST.. A. NAME AND ADDRESS OF ORGANIZATION: Kohala Kahakai P .O. Box 76, Hawi , HI 96719 B. REQUIRED DOCUMENTS: x Non-profit (501(c)(3), IRS letter of determination x Copy of organization bylaws and mission statement x DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Joe Carvalho PHONE -- Work: 884-5476 Mobile: D. PROJECT PERIOD: 12 Months to E. PROJECT AREA: Kaiholena DEPARTMENT OF PARKS & RECREATION Page 1 F. PROJECT COST Applicant share: $ 6, 700 Other resources: $ 4 , 400 Amount requested: $ 39, 247 Total Project Cost: $ 47, 226 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: Toni Withington TITLE OF AUTHORIZED OFFICIAL: Secretary SIGNED: Please see signature page DATE: Aug 28 , 2014 in Attachment B For Office of Management Use Only DATE RECEIVED: APPROVED Amount: $ Comment: DENIED Reason(s) — DEFERRED Reason (s) — SIGNED: DATE: Managing Director DEPARTMENT OF PARKS & RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): Please see attachment A DEPARTMENT OF PARKS & RECREATION Page 3 II. PROJECT DESCRIPTION A. Location of Project: Kaiholena B. Number of Persons Who Will Benefit: 7, 650 C. Project Description (Give a brief description of the work that will be done with the funds requested, including a time frame and activities to accomplish stated purpose. Additional pages may be attached): Please see attachment A DEPARTMENT OF PARKS & RECREATION Page 4 III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA's): N/A B. Special Management Area (SMA) Permit: �pplyi ng for C. Other: CDUA being submitted to DLNR DEPARTMENT OF PARKS & RECREATION Page 5 IV. PROJECT BUDGET BUDGET DETAILS Please see Attachment A PROD CT !', APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED TOTAL $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total $ $ $ $ DEPARTMENT OF PARKS & RECREATION Page 6 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): Please see Attachment A B. Main source(s) of financial support: Please see Attachment A C. Please list prior projects successfully completed: 1 Please see Attachment A 2. 3. DEPARTMENT OF PARKS & RECREATION Page 7 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: Tw Certificate of insurance shall be required with County of Hawai'i named as additional insured. TW Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS &RECREATION Page 8 Attachment A - Narrative Business Plan Project Budget Applicant Information Kaiholena Business Plan, Project, Budget, and Applicant Information I. Business Plan Kohala's long-term vision to ensure the sustainable stewardship of these lands is to support the development,by local families and community groups, of services and goods related to these land and that a portion of the income derived is returned to stewardship of the land. A very important component of this vision is to create career pathways for Kohala youth to learn from professionals in the fields of natural and cultural resource management and conservation and provide hands-on internship and mentoring opportunities for them. We will employ the principals of social commerce - community networks (community groups, families,locally based businesses) - to inform and drive economic activities creating jobs that protect resources and provide income for Island families. LONG-TERM Lands support intergenerational collaboration for localized, sustainable economy Emphasis oncommunity self-reliance and resiliency Stewardship and restoration activities generate income to support management by local community: Managed shoreline food sources, reviving dry land cultivation methods, salt making, wildfire rn(tigatio , etc. Stewardship & restorationit Income Products & activities - i 11100 lot . Community subsistence, r food self-reliance, and 1.1 ----- employment 12 Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 1 of 1 H. Project Description Community-based Supplemental Archeological Survey This project is designed to augment existing and newly completed archeological surveys at Kaiholena through employing students to verify and identify features possibly not identified. Kaiholena has the highest concentration of intact, pre- contact archeological sites in the State and additional field work will help further define features and/or identify features not yet identified. Working with National Park Service and other island professional archeologists, including Ashton Ah Sam Dirkes, and the archeological consultant hired by the County,the existing Kaiholena archeological information will be augmented through community based archeology. First, consultations with descendents will be contacted to ask for their permission and input on how to proceed with this project, including, if they wish to do so, contributing their knowledge regarding sites or determining which knowledge should not be shared publicly. Depending on their input this project may be adjusted. Next, professional archeologists will provide an overview to local students of archeological work in Kohala and the tools and techniques typically used in survey work through three classroom visits. This same information will be provided at a community workshop. Archeological data will be gathered during a field trip with students and community members. Three paid internships will be offered to local high school students to spearhead drafting the archeological assessment from the field data. These interns, under the tutelage of professional archeologists, may make additional site visits to gather data. The assessment will be reviewed and edited by NPS archeologist and the other on-island archeologists participating in this project. The final assessment will be used to create a preservation plan for this area. User Surveys for Conservation Projects Current user data is needed to accurately design conservation and preservation projects. Updated data regarding the number of users,type of uses (recreational, cultural, gathering, fishing, etc.), frequency of use by various users (families, individuals, groups, etc.) is needed, and interest by users in assisting with stewardship activities. Users are also uniquely poised to offer insights on strategies and actions for protecting resources. All of the above data will help identify community-based assets available for long-term stewardship of this area. Through two class room visits, individuals with professional experience designing and implementing conservation and preservation projects, including user assessments, will provide an overview to local students of and the tools and techniques typically used in this type of work. Two paid internships will be offered to students in these classes through an application process to create survey tools, conduct user surveys at Kaiholena, and summarize the data in a final report under the mentorship of professionals. Wildfire Mitigation This area is in the heart of an area at high risk for devastating wildfires as the dominant vegetation, kiawe and grasses, easily carry fire. Fires in the area have devastated native vegetation, created erosion, and destroyed cultural sites — kiawe Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 2 of 2 burns so hotly that pohaku explode. This project will mitigate wildfire to prevent erosion impacts to water and air quality and endangered species habitat by trimming kiawe to minimize the possibility of ground fires moving up into trees (which creates hotter, more destructive fires) and weedwhacking to decrease ground fuels. This fuels reduction work will be completed by on-island crews trained in working in culturally and archeologically sensitive areas,following protocols outlined by family members and descendents and ensuring natural resources are protected as well as localized micro-environments (balance of shade and moisture retention with reduction of hazardous fuels). Forty hours of mitigation work will be accomplished by a six-member crew with training in working in culturally sensitive areas. Before and after photos and estimates of reduced fuel load will be done. Terrain varies so it is difficult to estimate before hand the exact acreage to be treated. Please see the project Implementation Schedule on page 4. Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 3 of 3 Implementation Schedule Month Action # Actions EIBIEICHZIOEMILNELIEEIBEI II secureForaliactsivfriltAles, EA all required approvals and permits. needed. not required. Secure exemption for CDUA. For all tasks, at conclusion of task, summarize work 111111111...111 accomplished to County w/lessons learned IMIIMMEMIIM1111.1.1 MI Community-based Supplement Archeology IIIIIIIIIIIIIII Asssessment 1111 Host planning meeting with volunteer archeologists, Consultant hired by County, and Kohala High School teachers - adapt pro"ect as needed. 4 Vist class rooms with archeolo.ists 11111111113111111111111111111111111111111 5 Host community workshop 1111111110111111.11111111111111111111 6 Conduct site visits with archeologists and students Eminieninimmwm En Offer and select paid internships for high school 11111111.1111111 students 8 Studentslogists draft assessment under guidance from 111111111111111 archeo ........---- Wildfire Miti•ation 111.11111111111111111.11.11111.1 Conduct planning meetingto refine scope of work If lin 1111111111111 9 needed Conduct site-visit to refine scope of work - exact areas of fuels reduction for optimal protection of 10 resources IllTake pre-mitigation photos and measurements of areas to be treated and estimates of fuels to be reduced 1111 Hire crew trained in mitigation in resource senstive areas and rent needed equipment (safety, weedwhippers, chainsaws, chains, chipper) Ellal.Review trainin. with crews, on-site IIIMIIIIIIIMIICIIIIIIMIIIIIIIIIIIII .1 Conduct mitigation under the supervision of an arechoiogist and experienced individual In wildfire mitigatin Take post-mitigation photos and measurements of IIIIIIIIIIIIIIII area treated and estimates of Fuel reduced 111111111111111 IIMIIIIIIIIIUIIIIIIIIMIIIHIIIIIIIII 16 User Surveys for Conservation Pro-ects 11111111111111111.111M11111111 MIHost planning meeting with Kohala High School teachers - likely combined with Community Based I 1111 Archeology plannin. meeting iiiiiiiiiiiii Visit classrooms with resource management professionals 19 Offer and select .aid hi.h school interns MIMIMEIIIIIIMIIIMMIIMM 20 interns conduct on-site surveys and draft summary 1111111111111111111 report Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 4 of 4 V. Budget Kadiolana Applicant Other Amount Pro act Bud 4 et Share Resources Re,uested Total n.kt id Itribilily Arid t rr*drrt for all praj DC;t'i ____________________. re v It iJ+it NPS $2,000000 Permitting, Hanning, coordination all prt fe'i - Kobe's Lihricet. Kot.la High ScI'9tx II, Materna t K Ia Kahakal $5.500,00 $5,500.00 Trans! .rf tiertfor tii..5h schoolhel for $20000 Tranartortation for interns for etch and user arnerit WICii t $4) $51tr°ti 24 mI/rt; ttaitiolene arid PAO'Ci assesmentswith interns.will tre on different nt da 57020` 11111111 .111111.=1111111111111111111111.11 1111111111101111111111.11111111111 CreAttittrfit 406Vid archerste 3 tiiiient lateinr tri. _and mentor coordinator 54 950 001 $4,950,00 ° +j 1alte0' (3 CPPB urtits, 0W4r rr inguaacci with GPS otitis gloves safety glasses paper and printing for student arch assessments). GPS unitsa I bis motmotio rev it ie t t 1Iu.r .rests. S5,300,00 ,3O0.O0 Donated archeologists time - 24 Ins I€ 10f01 , .01 r ,4 _00 raiEMEM Equipment rental twi- dwtuup , chatnsaws. chi*pert Mil S1,350.00 $1,350.00 Labor for crews and field tt anaq r members t4. 20 hr ar 80 hr MO= $9,600,00; 9, 00 tt� les 'chains, reit 4es Eilltei rrt rit} .1,131 00 $1,n2 00 r - 3 d rental S4:646.-071 Held mane.,er ter creme $1.000.00Si $2,800,0 :.r 1111111111111111111111111111111111111111111111111111 1111.11M. User Surve for Conservation bra ®® High school internships to ctinduci field assessments erste artd mentor $4,015.00 $4,015.00 ' attat:li4 (paper rri printingP it F rt t assessment: &500 DO $500.00 TOTAL $6„70'0.00n 34,4 0.u0 $39247.00 .47,,228.20 Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 5 of 5 VI. Applicant Information A. History Kohala Lihikai was formed through the cooperation of the many community groups in North Kohala that have for years focused on cultural, access and environmental preservation of the district's coast. The recognition that the community needed one non-profit group to undertake responsibility for stewardship of public and private lands brought together leaders of these groups to form the core of Kohala Lihikai, which was incorporated in August 2011. It was through the efforts of five of these groups that the lands at Pao'o and Kaiholena were nominated and purchased. The current board of directors consists of the following: Joe Carvalho of the North Kohala Community Access Group; Mike Isaacs of Kohala Historic and Cultural Preservation Group; Fred Cachola of Malama Wahi Pana 0 Kohala; Gail Byrne Baber of Malama Kohala Kahakai; Sarah Pule Fujii of Friends of Keokea Park and Ralph Galan of Galan Ohana and Toni Withington of Kamakani 0 Kohala Ohana. B. Sources of Financial Support Most of Kohala Lihikai's work has been accomplished through volunteer time and donated resources. We are fortunate to be able to partner with a number of other community groups to leverage our work and we also work with the National Parks Service Ala Kahaka National Historic Trail,which has significant capacity to support community based work, e.g. NPS is allowing us to work under the MOU with the County so that Kohala Lihikai is covered by liability insurance. We have received a few small donations and partnered with Malama Kohala Kahakai on a project funded by the Hawaii Tourism Authority. We are continuing to build our capacity to fund our work. C. Project Successfully Completed Continuing restoration using native plants of the mile-long shoreline makai of Upolu Airport. This involves coordination with Department of Transportation,Airports Division; National Park Service,Ala Kahakai National Historic Trail; Department of Education, Kohala High School, Kohala Middle School; Hawaii County Department of Planning and nine community organizations. The project includes soil erosion control, archaeological review,trail location, potting and transplanting naupaka and other native plants, a watering system. Of particular note is a sign painting project with Kohala Middle School art classes that involved education on the ethnobiology of native plants and the designing and painting of three large project signs and 12 interpretive signs over two years. Establishing a mentoring project with Kohala High School students for the repairing and stabilizing of stone walls at Lapakahi State Historic Park that were damaged by the 2006 earthquake. The best native stone builders in the state were brought in to supervise the project. This involved coordination with the high school, State Parks Department, HSPD and Ala Kahakai National Historic Trail. Co-sponsoring Kanikapila a me Mo'olelo o Kohala, and afternoon and evening of music, talk story and dinner open to all in Kohala, in October 2012. The community Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 6 of 6 dialog opened Kohala Lihikai's on-going program of open community participation in coastal, cultural and access issues. The event was put on with the help of the Ala Kahakai Trail Association and other funding sponsors. Locating descendents and long-time users of the ahupua'a of Pao'o and Kaiholena to better understand the history of these areas and to encourage participation in the planning for stewardship of these coastal lands. This involves coordination with the Ala Kahakai Trail Association, the staff of Ala Kahakai National Historic Trail, numerous Native Hawaiian and community groups in North and South Kohala as well as various news media including Kohala Mountain News and West Hawaii Today. The project, started in 2012 is on-going. Kaiholena-Kohala Lihikai Application for Maintenance Funds Page 7 of 7 Attachment B - Required Documentation IRS Determination Letter Bylaws Mission Statement DCCA Vendor Compliance 4,06.°'',,;•. Tr,C irIn of the Trziimi7y rkointernsil Revenue Service Cincinnati Service Center In reply refer to : 0752235477 CINCINNATI OH 45999-0038 Mar . 28, 2013 LTR 4168C 0 45-3104951 000000 00 00014662 BODC: TE KOHALA LIHIKAI MALAMA KOHALA NEI % GAIL BYRNE SABER - PO BOX 198900 PMB 223 HAWI HI 96719-8900 021106 Employer Identification Number : 45-3104951 Person to Contact : Customer service Toll Free Telephone Number : 1-877-829-5500 Dear Taxpayer : This is in response to your Mar . 19 , 2013 , request for information regarding your tax-exempt status . Our records indicate that you were recognized as exempt under section 501 (c) ( 3) of the Internal Revenue Code in a determination letter issued in September 2012 . Our records also indicate that you are not a private foundation within the meaning of section 509(a ) of the Code because you are described in section( s) 509(a) ( 1 ) and 170 (b) ( 1) (A) (vi) . Donors may deduct contributions to you as provided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106 , and 2522 of the Code . Please refer to our website www. irs . govieo for information regarding filing requirements . Specifically, section 6033(j ) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j ) of the Code on our website beginning in early 2011 . 0752235477 Mar . 28, 2013 LTR 4168C 0 45-3104951 000000 00 00014663 KOHALA LIHIKAI MALAMA KOHALA NEI '1. GAIL BYRRNE BARER PO BOX 198900 PMB 223 HAWIHI 96719-8900 If you have any questions , please call us at the telephone number shown in the heading of this letter . Sincerely yours , 444LX7. Stephen E . Paxton Operations Manager , AM Operations 3 Bylaws of Kohala Lihikai Article 1 Offices Section 1. Principal Office The principal office of the corporation is located in Hawaii County, State of Hawaii. The primary mailing address of the organization is the U.S. Postal Service: P.O. Box 76,Hawi, HI 9671.9. Section 2. Change of Address The designation of the county or state of the corporation's principal office may be changed by amendment of these Bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these Bylaws. Address: 55-960 Beers Road, Hawi HI 96719. Dated: June 15, 2012. New Address: Dated: , 20_ New Address: Dated: , 20_ Section 3. Other Offices The corporation may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may, from time to time, designate. Article 2 Nonprofit Purposes Section 1. IRC Section 501(c)(3) Purposes This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page 1 of 16 Section 2. Specific Objectives and Purposes The purpose of this corporation shall be: (a) To preserve, promote, acquire, restore, sustainably manage, and steward land and near shore marine environments and their associated natural, historical, archeological, and cultural resources in a manner that is mindful of future generations. To protect public accesses and open spaces utilizing methods appropriate for each parcel of land or easement including cooperative agreements, easements, leases, licenses, and acquisitions. (b) Operate as a land trust in alignment with the best practices of land trusts. (c) To foster community-based stewardship involving descendents, users, youth, cultural practitioners, and kupuna (elders) in cooperation with landowners, government agencies, and local groups. (d) To foster the development of techniques, skills, and systems that will empower communities and local groups to manage open spaces and public access and associated natural and cultural resources in a sustainable and responsive manner. (e) To seek out, solicit, collect and distribute funds, receive donations, and or property to carry out projects consistent with the purposes stated herein and within the meaning of Section (c)(3) of the Internal Revenue Code, and the transaction of any or all lawful activities for which the nonprofit corporations may be incorporated under Chapter 415B, Hawaii Revised Statutes. Article 3 Directors Section 1. Number The corporation shall have six directors and collectively they shall be known as the Board of Directors. The number of directors may be changed by a majority of the Board of Directors. Section 2. Qualifications Directors shall be of the age of majority in this state and have an active interest in preserving and stewarding open spaces. Other qualifications may include a history of community work and skill set appropriate for supporting Kohala Lihikai's mission and purposes. Section 3.Powers Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. Section 4. Duties It shall be the duty of the directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or by these Bylaws; Bylaws of Kohala Lihikai Page 2of16 (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. (f) Review the organization's tax returns (990 form) for correctness and completeness before filing with the IRS. (g) Provide oversight of audits, compilation of financial statements, and selection of independent accountants. Section 5.Term of Office Each director shall hold office for a period of six years and until his or her successor is elected and qualifies. To ensure smooth organizational transitions the Board may elect to stagger elections. For example, one third of the directors appointed in first term, may hold office for four years and until his or her successor is elected and qualifies, and one third of directors appointed in the first term, will hold office for five years and until his or her successor is elected and qualifies. Section 6. Compensation Directors shall serve without compensation except, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Section 7. Independence All of Kohala Lihikai's Board Members shall be independent voting Members as defined by the following criteria: (a) Board Member was not compensated as an officer or employee. (b) Board Member did not receive more than $10,000 during the year for any work associated with Kohala Lihikai except for certain reasons as disclosed fully to the Board per Kohala Lihikai's Conflict of Interest Disclosure policy as outlined in Article Nine, Section a. (c) No Board Member's family members were involved in a disclosable transaction (excess benefit, loan, significant business dealings, etc.). Specifically, no officer, director, trustee or key employee has a family relationship or business relationship with any other officer, director, trustee, or key employee. In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have a family or business relationship with any other officer, director, or key employee. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse himself or herself from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Bylaws of Kohala Lihikai Page 3 016 16 Section 8.Place of Meetings Meetings shall be held at the principal office of the corporation unless otherwise provided by the Board or at such other place as may be designated from time to time by resolution of the Board of Directors. Section 9. Regular Meetings Regular meetings of Directors shall be held on the first Friday of every month at 9:00 A.M., unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same hour and place on the next business day. If this corporation makes no provision for members, then, at the regular meeting of directors held on the first Friday of April of every year, directors shall be elected by the Board of Directors. Voting for the election of directors shall be by written ballot. Each director shall cast one vote per vacancy. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected to serve on the Board. Section 10. Special Meetings Special meetings of the Board of Directors may be called by the Chairperson of the Board, the President, the Vice President, the Secretary, by any two directors, or,if different,by the persons specifically authorized under the laws of this state to call special meetings of the Board. Such meetings shall be held at the principal office of the corporation or, if different, at the place designated by the person or persons calling the special meeting. Section 11. Notice of Meetings Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Board of Directors: a. Regular Meetings. No notice need be given of any regular meeting of the Board of Directors. b. Special Meetings. At least one week prior to the meeting, notice shall be given by the Secretary of the corporation to each director of each special meeting of the Board. Such notice may be oral or written, may be given personally,by first class mail,by telephone, by facsimile machine, or via email and shall state the place, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of facsimile notification,the director to be contacted shall acknowledge personal receipt of the facsimile notice by a return message, email, or telephone call within twenty-four hours of the first facsimile transmission. c. Waiver of Notice.Whenever any notice of a meeting is required to be given to any director of this corporation under provisions of the Articles of Incorporation, these Bylaws or the law of this state, a waiver of notice in writing signed by the director, whether before or after the time of the meeting, shall be equivalent to the giving of such notice. Section 12. Quorum for Meetings A quorum shall consist of a majority of the active Members of the Board of Directors. Except as otherwise provided under the Articles of Incorporation, these Bylaws or provisions of law, no business shall be considered by the Board at any meeting at which the required quorum is not Bylaws of Kohala Lihikai Page 4of16 present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. Section 13. Majority Action as Board Action Every act or decision done or made by a majority of the directors at a meeting duly held at which a quorum is present is the act of the Board of Directors. Section 14. Conduct of Meetings Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, by the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed by Hawaii Revised Statutes, Section 414D, insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws or with provisions of law. Section 15. Vacancies Vacancies on the Board of Directors shall exist (1) on the death, resignation or removal of any director, (2) whenever the number of authorized directors is increased, and (3) whenever any director is absent from three consecutive regularly scheduled Board meetings without prior notice. Any director may resign effective upon giving written notice to the Chairperson of the Board, the President, the Secretary or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No director may resign if the corporation would then be left without a duly elected director or directors in charge of its affairs,except upon notice to the Office of the Attorney General or other appropriate agency of this state. Directors may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state. Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the Board may be filled by approval of the Board of Directors. If the number of directors then in office is less than a quorum, a vacancy on the Board may be filled by approval of a majority of the directors then in office or by a sole remaining director. A person elected to fill a vacancy on the Board shall hold office until the next election of the Board of Directors or until his or her death, resignation or removal from office. Section 16. Nonliability of Directors The directors shall not be personally liable for the debts,liabilities or other obligations of the corporation. Section 17. Indemnification by Corporation of Directors and Officers The directors and officers of the corporation shall be indemnified by the corporation to the fullest extent permissible under the laws of this state. Section 18. Insurance for Corporate Agents Except as may be otherwise provided under provisions of law,the Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Bylaws of Kahala Lihikai Page 5gf16 corporation (including a director, officer, employee or other agent of the corporation) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law. Article 4 Officers Section 1. Designation of Officers The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. The corporation may also have a Chairperson of the Board, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers and other such officers with such titles as may be determined from time to time by the Board of Directors. Section 2. Qualifications Only a director may serve as an officer of this corporation. Section 3. Election and Term of Office Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. Section 4.Removal and Resignation Any officer may be removed, with cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract, which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. Section S. Vacancies Any vacancy caused by the death, resignation, removal, disqualification or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine. Section 6.Duties of President The President shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. She or he shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be prescribed from time to time by the Board of Directors.Unless another person is specifically appointed as Chairperson of the Board of Directors, the President shall preside at all meetings of the Board of Directors. Except as otherwise expressly provided by law, by the Bylaws of Kohala Lihikai Page 6of16 Articles of Incorporation or by these Bylaws,he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks or other instruments which may from time to time be authorized by the Board of Directors. Section 7.Duties of Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law,by the Articles of Incorporation or by these Bylaws or as may be prescribed by the Board.of Directors. Section S. Duties of Secretary The Secretary shall: Certify and keep at the principal office of the corporation the original, or a copy, of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the Board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors, recording therein the time and place of holding, whether regular or special,how called, how notice thereof was given, the names of those present or represented at the meeting and the proceedings thereof. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. Be custodian of the records and of the seal of the corporation and affix the seal, as authorized by law or the provisions of these Bylaws, to duly executed documents of the corporation. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefore, the Bylaws and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law,by the Articles of Incorporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 9. Duties of Treasurer The Treasurer shall: Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies or other depositories as shall be selected by the Board of Directors. Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board Bylaws of Kohala Lihikai Page 7af16 of Directors, taking proper vouchers for such disbursements. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets,liabilities, receipts, disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefore. Render to the President and directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general,perform all duties incident to the office of Treasurer and such other duties as may be required by law,by the Articles of Incorporation of the corporation or by these Bylaws or which may be assigned to him or her from time to time by the Board of Directors. Section 10. Compensation The officers shall serve without compensation except, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. Article 5 Committees Section 1. Executive Committee The Board of Directors may, by a majority vote of its Members, designate an Executive Committee consisting of Board Members and may delegate to such committee the powers and authority of the Board in the management of the business and affairs of the corporation, to the extent permitted, and except as may otherwise be provided,by provisions of law, By a majority vote of its Members, the Board may at any time revoke or modify any or all of the Executive Committee authority so delegated, increase or decrease but not below two (2) the number of the Members of the Executive Committee and fill vacancies on the Executive Committee from the Members of the Board. The Executive Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records and report the same to the Board from time to time as the Board may require. Section 2. Other Committees The corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. These committees may consist of persons who are not also Members of the Board and shall act in an advisory capacity to the Board. Section 3.Meetings and Action of Committees Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its Members for the Board of Directors and its Members, except that the time for regular and Bylaws of Kohala Lihikai Page 8of16 special meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are consistent with the provisions of these Bylaws. Article 6 Execution of Instruments,Deposits and Funds Section 1. Execution of Instruments The Board of Directors,except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation 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. Unless so authorized, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. Section 2. Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts,promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the Treasurer or by the President of the corporation. Any check for more than $500 must have both the Treasurer's and President's signatures. Section 3. 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 4. Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the nonprofit purposes of this corporation. Article Nine outlines Kohala Lihikai's gift acceptance policy, which requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 7 Corporate Records, Reports,Inspections, and Seal Section 1. Maintenance of Corporate Records The corporation shall keep at its principal office: (a. ) Minutes of all meetings of directors,committees of the Board indicating the time and place of holding such meetings, whether regular or special,how called, the notice given and the names of those present and the proceedings thereof; (h.) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities,receipts, disbursements, gains and losses. Revenue shall be recorded and broken out into three categories: related or exempt function revenue (based on non-profit mission), unrelated business revenue (not related to exempt purpose) and revenue excluded from tax (interest, dividends, royalties, gains, etc.) Bylaws of Kohala Lihikai Puge 9 of 16 Non-cash contributions shall be recorded and broken down by specific type (time, goods, services, etc.) The value of non-cash contributions is determined using Federal guidance for the same and by the market value of the goods or services. Revenue received by Kohala Lihikai in excess of$5,000 from any one contributor must be itemized and detailed. Revenue derived from"special events" in excess of$15,000 shall be separated from other revenues received. (e.) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date at all reasonable times during office hours. Section 2. Corporate Seal The Board of Directors may adopt, use and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. Section 3. Directors' Inspection Rights Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation and shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law. Section 4. Public's Inspection Rights Kohala Lihikai shall make its governing documents, policies and financial statements available to the public upon request and in adherence to time frames outlined by the IRS. Documents will be reviewed at the Kohala Lihikai office. Section 5. Right To Copy And Make Extracts Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts. Section 6. Periodic Report The Board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members,if any, of this corporation, to be so prepared and delivered within the time limits set by law. Article 8 IRC 501(c)(3) Tax Exemption Provisions Section 1. Limitations on Activities No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of Bylaws of Kohala Lihikai Page 10 of 16 the Internal Revenue Code. Section 2. Prohibition Against Private Inurement No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its directors or trustees, officers or other private persons,except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation. Section 3. Disclosure of Potential and Real Conflicts of Interest Kohala Lihikai shall have a written conflict of interest policy, which all Board Members and key employees sign at the first Board meeting of the year. This policy requires that interests that could potentially give rise to conflicts be disclosed in writing. If any real or potential conflict is identified at this time or any other time, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. Section 4. Disclosure of Related Party Transactions In addition to signing Kohala Lihikai's Conflict of Interest Disclosure form during the first meeting of the calendar year, all officers, directors, and key employee shall disclose on same form whether they have any related party transactions with any other officer, director, or key employee. If any real or potential conflict is identified, the individual(s) with the potential or actual conflict will recuse themselves from voting and the rest of the Board shall vote on whether in fact a conflict exists. If a conflict exists, the Member with the conflict shall excuse themselves from the meeting while the rest of the Board discusses and decides what should be done about the conflict. Section 5.Distribution of Assets Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state_ Section 6.Private Foundation Requirements and Restrictions In any taxable year in which this corporation is a private foundation as described in Section 509(a) of the Internal Revenue Code, the corporation 1) shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code; 4) shall not make any investments in such manner as to subject the corporation to tax under Section 4944 of the Internal Revenue Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code. Bylaws of Kohala Lihikai Page .11 of 16 Article 9 Organization Policies Kohala Lihikai as a nonprofit, tax-exempt organization, depends on charitable contributions from the public. Maintenance of its tax-exempt status is important both for its continued financial stability and for the receipt of contributions and public support. Therefore, the operations of Kohala Lihikai first must fulfill all legal requirements. Kohala Lihikai also depends on the public trust and thus is subject to scrutiny by and accountability to both governmental authorities and members of the public. Consequently, there exists between Kohala Lihikai and its Board, officers, and management employees a fiduciary duty that carries with it a broad and unbending duty of loyalty and fidelity. The Board, officers, and management employees, if any,have the responsibility of administering the affairs of Kohala Lihikai honestly and prudently, and of exercising their best care, skill, and judgment for the sole benefit of Kohala Lihikai. The interests of the organization must have the first priority in all decisions and actions. Therefore Kohala Lihikai has adopted the policies summarized below. All Board Members will review and sign these policies at the first meeting of the year. (a,) Conflict of Interest—ensures Kohala Lihikai's Board, officers, and management employees, if any, shall exercise the utmost good faith in all transactions involved in their duties, and they shall not use their positions with Kohala Lihikai or knowledge gained there from for their personal benefit. Persons Concerned: This Conflict of Interest policy is directed not only to Board Members and officers, but to all employees, if any, who can influence the actions of Kohala Lihikai. For example, this includes all who make purchasing decisions, all other persons who might be described as"management personnel," and all who have proprietary information concerning Kohala Lihikai. Key Areas in Which Conflict May Arise: Conflicts of interest may arise in the relations of directors, officers, and management employees, if any, with any of the following parties: • Persons and films supplying goods and services to Kohala Lihikai • Persons and firms from whom Kohala Lihikai leases property and equipment • Persons and firms with whom Kohala Lihikai is dealing or planning to deal in connection with the gift,purchase or sale of real estate, securities, or other property • Competing or affinity organizations • Donors and others supporting Kohala Lihikai • Recipients of grants from Kohala Lihikai • Agencies, organizations, and associations that affect the operations of Kohala Lihikai • Family members, friends, and other employees • A related party, such as an officer, director, trustee, or key employee Nature of Conflicting Interest: A material conflicting interest may be defined as an interest, direct or indirect, with any persons and firms mentioned in the above paragraphs. Such an interest might arise, for example, through • Owning stock or holding debt or other proprietary interests in any third party dealing with Kohala Lihikai. * Holding office, serving on the Board, participating in management, or being otherwise Bylaws of Kohala Lihikai Page 12of16 employed (or formerly employed) by any third party dealing with Kohala Lihikai. • Receiving remuneration for services with respect to individual transactions involving Kohala Lihikai. • Using Kohala Lihikai's time,personnel, equipment, supplies, or good will other than for approved Kohala Lihikai activities, programs, and purposes. • Receiving personal gifts or loans from third parties dealing with Kohala Lihikai. Receipt of any gift is disapproved except gifts of nominal value that could not be refused without discourtesy. No personal gift of money should ever be accepted. Interpretation of This Statement of Policy: The areas of conflicting interest listed above, and the relations in those areas that may give rise to conflict, as listed above, are not exhaustive. Conceivably, conflicts might arise in other areas or through other relations. It is assumed that the trustees, officers, and management employees will recognize such areas and relation by analogy. The fact that one of the interests described in above exists does not mean necessarily that a conflict exists, or that the conflict, if it exists, is material enough to be of practical importance, or if material that upon full disclosure of all relevant facts and circumstances that it is necessarily adverse to the interests of Kohala Lihikai. However, it is the policy of the Board that the existence of any of the interests described previously shall be disclosed on a timely basis and always before any transaction is consummated. It shall be the continuing responsibility of Board, officers, and management employees to scrutinize their transactions and outside business interests and relationships for potential conflicts and to immediately make such disclosures. Disclosure Policy and Procedure: Disclosure should be made according to Kohala Lihikai standards. Transactions with related parties may be undertaken only if all of the following are observed: A material transaction is fully disclosed in the financial statements of the organization; The related party is excluded from the discussion and approval of such transaction; A competitive bid or comparable valuation exists; and The organization's Board has acted upon and demonstrated that the transaction is in the best interest of the organization. Disclosures should be made to the President or Chairperson of the Board, who shall determine whether a conflict exists and is material, and if the matters are material, bring them to the attention of the full Board of Directors. If a potential or material conflict exists, the Board Member with the potential or material shall excuse his or herself from the meeting while the rest of the Board discusses and decides what action to take regarding the conflict. The Board shall determine whether a conflict exists and shall determine whether the contemplated transaction may be authorized as just, fair, and reasonable to Kohala Lihikai. The decision of the Board on these matters will rest in their sole discretion, and their concern must be the welfare of Kohala Lihikai and the advancement of its purpose. (b.) Whistleblower - ensures that any person affiliated or not affiliated with the organization may report any wrong-doing including safety violations or inurnment issues and shall not be penalized or intimidated in any way for doing so. All independent contractors shall be made aware of this policy and where they can report any concerns if they are not comfortable reporting them to a Board Member. Bylaws of Kohala Lihikai Page 13 of 16 (c.) Nondiscrimination —ensures Kohala Lihikai recruits,promotes, trains, terminates, and employs qualified persons on the basis of merit without regard to race, color,religion,national origin, sex, age, ancestry, marital status, sexual orientation, transgender status, disability, pregnancy, disability, military or veteran status, or any other protected class as set forth under applicable state and federal civil rights laws. Any employment or contracting decisions will be based on the individual's qualifications to perform the job. This policy of nondiscrimination applies to employment, training, compensation,promotion, transfer, social and recreational programs, and all other conditions of employment. All projects or any kind of financial award shall be implemented on this nondiscriminatory basis. It is the policy of Kohala Lihikai to, Ensure equal opportunity for all people without regard to race, color, religion, national origin, sex, age, ancestry, marital status, sexual orientation, disability, military or veteran status, or any other protected class. Make reasonable accommodations wherever necessary for all employees or applicants with disabilities, provided that the individual is otherwise qualified to perform the major functions of the job. Thoroughly investigate instances of alleged discrimination and take corrective action if warranted. Any persons associated with Kohala Lihikai who has become aware of violations of this provision has the affirmative obligation to report the conduct to the President of the Board of Directors or another Board Member if the President is the offending party. Nondiscrimination Complaint Procedure: If any individual or organizations feels that Kohala Lihikai has violated its Nondiscrimination policy and/or violated Federal or State nondiscrimination laws, they may submit a complaint in writing or in-person to a Board Member or staff, if any, who must then document this complaint in-writing and forward it to all Members of the Board of Directors. A special meeting of the Board will then be called to review the complaint and to determine what action should be taken. Please note that multiple meetings may be necessary to resolve a complaint. Kohala Lihikai will also supply information to the complainant as it is available on what government agency may be contacted to register a complaint if the individual or organization is not satisfied with the Board's findings and actions. If, after submitting a complaint and if after the special meeting(s) of the Board, a complaint has not been addressed to the satisfaction of the complaining party, the following government agencies may be contacted for assistance: For violations of Federal law, contact the U.S. Department of Labor at, 1-866-4-USA-DOL (1-866-487-2365) Or at TTY Number (General DOL Inquiries): 1-877-889-5627 Or at http:/!www.dol.gov/dol/topic!discrimination/ethnicdisc.htm For violations of State discrimination laws, contact the Hawaii State Department of Labor and Industrial Relations and the Hawaii Civil Rights Commission at: (808) 586-8636 or, to dial a local number call 974-4000, Ext. 6-8636. Or atTDD:(808) 586-8692 Bylaws of Kohala Lihikai Page 14 of 16 Or at http://hawaii.gov/labor/hcrc (d.) Document Retention and Destruction—this policy covers tax returns,receipts, invoices, grant contracts and associated reports, documentation for equipment and other assets, budgets, work plans, employee files, and contractor information. All Kohala Lihikai documents must be retained for five years with the exception of tax returns, organizational books, employee records, bylaws and amendments, and the articles of incorporation, which must be maintained for the life of the organization. (e.) Compensation -Kohala Lihikai's Board of Director's shall determine compensation for any contractor or employee commensurate with the individual's skills and experience and in alignment with the compensation for contractors or employees for organization's with similar budgets, administrative, and project responsibilities. The data from other organizations as well as the reasoning and discussion for the final compensation shall be recorded in the minutes of the organization, including how each member of the Board of Directors voted on any compensation. (f.) Gift Acceptance—Kohala Lihikai requires that all cash and non-cash gifts over$20 be recorded and this information supplied to all Members of the Board. Any gift that is over$20 and that is identified by the Board or employees as inappropriate, shall be returned. Article 1.0 Amendment of Bylaws Section 1.Amendment. Except as may otherwise be specified under provisions of law, these Bylaws, or any of them, may be altered, amended or repealed and new Bylaws adopted by approval of the Board of Directors. Article 11. Construction and Terms If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern. Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding. All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter or other founding document of this corporation filed with an office of this state and used to establish the legal existence of this corporation. All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code. Bylaws of Kohala Lihikai Page 15 of 16 • ADOPTION OF BYLAWS We, the undersigned, are all of the initial directors or incorporators of this corporation, and we consent to, and hereby do, adopt the foregoing Bylaws, consisting of 16 pages, as the Bylaws of this corporation. Dated: June 15, 2012. (7e7A, Bylaws of Kohala Lihikai Page 16 of 16 Kohala Lihikai August 2011 Our Vision Kohala Community Based Stewardship In Action Mission Statement: We protect access and open space in its natural state utilizing methods appropriate for each parcel including cooperative agreements, easements, and acquisitions. We foster community-based stewardship involving descendents, coast users, youth, cultural practitioners, and kupuna in cooperation with landowners, government agencies, and local groups. We support the use of traditional Hawaiian natural resource management principles and practices, while incorporating new information, science, technology and community needs on a site-by- site basis. Working Relationships The Kohala-based stewardship organization would have the following working relationships: • The NK Community Access Group and CDP Action Committee to Hawaii County • The Ala Kahakai Historic Trail to the National Park Service • The DOT, DLNR and other State agencies • The Planning Department to County of Hawaii • The Commission on Public Access, Open Space and Natural Resources for the County Open Space Fund • The State Legacy Land Preservation Commission for the Legacy Land Fund • Kamehameha Schools and their subsidiaries • Kohala connections would be initially but not limited to all the schools of North Kohala, Maika'i Kamakani 0 Kohala, Kamakani 0 Kohala Ohana—Kako'o, Kohala Historic and Cultural Preservation Group, Malama Kohala Kahakai, Malama Na Wahi Pana 0 Kohala, National Guard Alumni and Kohala Seniors Athletic Club. Goals The goals of the group are: 1. Perpetuate community stewardship of open space and access on a place by place basis in working partnership with land owners and government agencies. 2. Preserve the natural open space makai of Akoni Pule Highway and other mauka areas with great value to the community in perpetuity. Objectives The following objectives are equally important: • Establish stewardship programs and activities for each parcel or section of the coast to promote the following: 1. Cultural and historic preservation 2. Appropriate level of access 3. Environmental restoration and stabilization • Continue to evaluate the impact of access on natural and cultural resources of all lands with the ability to make changes on the level of access as needed • Involve youth by connecting them to kupuna to promote traditional ahupua'a practices • Educate and involve young people to be stewards of Kohala coastal lands • Do hands on work including • Maintain existing roads, trails and parking areas ■ Posting and maintaining signs ■ Planting natives trees and ground cover • Prioritize the purchase and preservation of significant Kohala land for community use from Kawaihae to Pololu. • Use a variety of tools and seek a variety of funding sources to secure open space protection • Work with government and private organizations to secure meaningful liability protection FORM A-6 STATE OF HAWAII—DEPARTMENT OF TAXATION (REV.2012) TAX CLEARANCE APPLICATION FOR OFFICE USE ONLY Form A-6 can be filed electronically. See Instructions. BUSINESS START DATE IN HAWAII A tax clearance must be obtained through Hawaii Compliance Express for �IF APPLICABLE all state,city,or county government contracts. See Instructions. / / / a©/3 (NOTE References to"married","unmarried",and"spouse"also means HAWAII RETURNS FILED "in a civil union","not in a civil union",and"civil union partner",respectively.) IF APPLICABLE 1. APPLICANT INFORMATION: (PLEASE TYPE OR PRINT CLEARLY) 20_ 20_ 20 _. Applicant's \K-4.A... 1--\ ‘(\1 Address � 7: STATE APPROVAL STAMP City/State/Postal/Zip Code 11.. fr _ 1 ( C w (Not valid unless stamped) DBA/Trade Name State of NEWBIE z :3 .: 2. TAX IDENTIFICATION NUMBER: ' g j__; „� HAWAII TAX ID# W a .? _ / 1 E ) - . C) I AUG 2 6 2811. FEDERAL EMPLOYER ID# 172 5– - 3 I 0 LI ` 4 �' �`�no, . (FEIN) l r SOCIAL SECURITY#(SSN) - *IRS APPROVAL STAMP 3. APPLICANT IS A/AN: (MUST CHECK ONE BOX) CORPORATION 0 S CORPORATION ❑ TAX EXEMPT ORGANIZATION ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ ESTATE ❑ TRUST ❑ LIMITED LIABILITY COMPANY ❑ LIMITED LIABILITY PARTNERSHIP ❑ Single Member LLC disregarded as separate from owner;enter owner's FEIN/SSN ❑ Subsidiary Corporation;enter parent corporation's name and FEIN 4. THE TAX CLEARANCE IS REQUIRED FOR: (MUST CHECK AT LEAST ONE BOX) CERTIFIED COPY STAMP ❑ REAL ESTATE LICENSE ❑ CONTRACTOR LICENSE LI LIQUOR LICENSE* ❑ FINANCIAL CLOSING 0 PROGRESS PAYMENT ❑ BULK SALES** -- ❑ HAWAII STATE RESIDENCY ❑ FEDERAL CONTRACT ❑ PERSONAL ❑ SUBCONTRACT ❑ LOAN '''co t.- aMePtableas .OTHER H [_ E O(J. n____L_L I til Ai.' ivil to€r;rthe original * IRS APPROVAL STAMP IS ONLY REQUIRED FOR PURPOSES INDICATED BY AN ASTERISK. laarir PCa1ti CttPl5Sti4lt **ATTACH FORM G-8A,REPORT OF BULK SALE OR TRANSFER t . , 5. NO.OF CERTIFIED COPIES REQUESTED; - -.r 71e.rii of Taxation 6. SIGNATURE: ..j_c, ._ --\--,. ,,, /„G/2_„, (gog,s ti _s-6(76 ( ) - SIGNATURE i DATE TELEPHONE ,-FAX 0 t INA n� 11_4 �Y� �(�Lirr'�tG�V�' 14' rQ-Q� iAr �- I Ir G�6�PRINT NAME PRINT TITLE:Corporateicer,General Partner or Member,I dividual(Sole Proprietor),Trustee,Executor POWER OF ATTORNEY. It submitted by someone other than a Corporate Officer, General Partner or Member, Individual (Sole Proprietor),Trustee, or Executor, a power of attorney (State of Hawaii, Department of Taxation, Form N-848) must be submitted with this application.If a Tax Clearance is required from the Internal Revenue Service,IRS Form 8821,or IRS Form 2848 is also required. Applications submitted without proper authorization will be sent to the address of record with the taxing authority. UNSIGNED APPLICATIONS WILL NOT BE PROCESSED. PLEASE TYPE OR PRINT CLEARLY —THE FRONT PAGE Or THIS APPLICATION BECOMES THE CERTIFICATE UPON APPROVAL. SEE PAGE 2 ON REVERSE & SEPARATE INSTRUCTIONS.Failure to provide required information on page 2 of this application or as required in the separate instructions to this application will result in a denial of the Tax Clearance request. (Page 1 of 2) FORM A-6 APPLICANT'S NAME FROM PAGE 1 (REV.2012) 7. LIQUOR LICENSING: ❑ Initial ❑ Renewal ❑ Transfer-Seller ❑ Transfer-Buyer ❑ Special Event 8. CONTRACTOR LICENSING: ❑ Initial ❑ Renewal 9. STATE RESIDENCY: DATE APPLICANT ARRIVED OR RETURNED TO HAWAII 10. ACCOUNTING PERIOD: ❑ Calendar year ❑ Fiscal year ending(MM/DD) 11. TAX EXEMPT ORGANIZATION: A) Provide the Internal Revenue Code Section that applies to your exemption(e.g.,501(c)(3)). B) Dces your organization file federal Form 990-T,Exempt Organization Business Income Tax Return? IA YES ❑ NO C) Is your organization requirec to file federal Form 990, Return of Organization Exempt From Income Tax,or federal Form 990-EZ,Short Form Return of Organization Exempt From Income Tax? ❑ YES le NO If"YES",your organization is required to obtain a general excise tax license.Go to line 12. If"NO",go to line 11D. 0) Does your organization have fundraising income? ❑ YES NO If"YES",your organization is required to obtain a general excise tax license. 12. INDIVIDUAL: Spouse's Name ._..... SSN 13. IF YOU DO NOT HAVE A GENERAL EXCISE TAX LICENSE AND REQUIRE ATAX CLEARANCE: A) Description of your firm's business_-, B) Has your firm had any business income in Hawaii? ❑ YES ❑ NO C) Has your firm had an office,inventory, property,employees,or other representatives in the State of Hawaii? ❑ YES ❑ NO D) Has your firm provided any services within the State of Hawaii(e.g.,servicing computers,training sessions,etc.)? ❑ YES 0 NO Note: It you answer"Yes"to any of the above questions,you are required to apply for a general excise tax license. FILING THE APPLICATION FOR TAX CLEARANCE The completed application may be mailed,faxed, or submitted in person to the Department of Taxation,Taxpayer Services Branch.Applications which require an Internal Revenue Service Tax Clearance (liquor licensing)will be forwarded to the Internal Revenue Service after processing is completed by the Department of Taxation.Allow up to 10 to 15 business days for processing between the Department of Taxation and the Internal Revenue Service. State Department of Taxation Internal Revenue Service TAXPAYER SERVICES BRANCH WAGE&INVESTMENT DIVISION P.O.BOX 259 -TC M/S H214 HONOLULU,HI 96809-0259 FIELD ASSISTANCE GROUP 562 TELEPHONE NO.:808-587-4242 300 ALA MOANA BLVD.,#50089 TOLL FREE:1-800-222-3229 HONOLULU,HI 96850 FAX NO.:808-587-1488 TELEPHONE NO.:808-566-2748 or FAX Na:808-524-5950 830 PUNCHBOWL STREET, RM 124 or HONOLULU,HI 96813-5094 TAXPAYER ASSISTANCE CENTER HONOLULU: 300 ALA MOANA BLVD., RM 1-128 Applications are available at Department of Taxation and IRS offices in Hawaii,and may also be requested by calling the Department of Taxation on Oahu at 808-587-4242 or toll-free at 1-800-222-3229.The Tax Clearance Application,Form A-6,can be downloaded from the Department of Taxation's website (www.hawaii.gov/tax). FOR OFFICE USE ONLY TYPE OF TAX TAX RETURNS FILED STATUS Clerk's ITEMS RECEIVED Initials !NcoME ---- -. GENERAL EXCISE/USE/ COUNTY SURCHARGE TAX HAWAII WITHHOLDING TRANSIENT ACCOMMODATIONS ----- RENTAL MOTOR/TOUR VEHICLE UNEMPLOYMENT INSURANCE OTHER TAXES (Page 2 of 2) Signature Page for application: Kohala Lihikai Board Member and Secretary,Toni Withington, is authorized to sign for this grant application to Hawaii County. DEPARTMENT OF PARTKS &RECREATION AUPUNI CENTER 101 PAUAHI STREET, SUITE 6 HILO,HI 96720 TELEPHONE: (808)961-8311 A. NAME AND ADDRESS OF ORGANIZATION: POhaha I Ka Lani P.O. Box 412 Kurtistown,HI 96760 pohahaikalani(cmv,gmail.com B. REQUIRED DOCUMENTS: N.) 0 rn Non-profit(501(c)(3),IRS letter of determination _ 1 S - _X Copy of organization bylaws and mission statement X DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Ku Kahakalau, Ph.D. PHONE -- Work: (808) 315-8157 Mobile: (808)937-6854 D. PROJECT PERIOD: January 1, 2015 to December 31,2015 E. PROJECT AREA: Hamakua District,Waipi`o Valley Lookout TMK: 4-8-04:06 1.804 acres DEPARTMENT OF PARKS&RECREATION Page 1 F. PROJECT COST Applicant share: $ 100,000 Other resources: $ TBD Amount requested: $ 83,500 Total Project Cost: $ 183,500 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: Jesse K.Potter TITLE OF AUTHORIZED OFFICIAL: President Pohaha I Ka Lani SIGNED: rr DATE: 8/29/2014 For Office of Management Use Only DATE RECEIVED: APPROVED Amount: $ Comment: DENIED Reason(s) DEFERRED Reason(s) SIGNED: DATE: Managing Director DEPARTMENT OF PARKS&RECREATION Page 2 BUSINESS PLAN I. PROPOSAL Opportunity Statement: Pohaha I Ka Lani is truly excited to submit this proposal to the County of Hawai`i Department of Parks and Recreation. As a Hawaiian non-profit made up of educators, natural resource managers and cultural practitioners, with close ties to Waipi`o and the Waipi`o Lookout area, we sincerely appreciate the opportunity to apply for the stewardship of TMK 4-8-04:06, an area of 1.804 acres located at the Waipi`o Valley Lookout in the Ahupua`a of Lalakea, Hamakua District, Island of Hawai`i. This parcel, owned most recently by the Rice family, was purchased by the County of Hawaii with public access, open space and natural resources preservation funding in an effort to preserve important lands and provide them with healthy stewardship. As the last piece of property before the descent into historic Waipi`o Valley,there is no doubt that the land in question is of great importance and has a high need for a caring, competent community steward. Such a steward should not only have short term goals for the parcel, but have the long-term good of the area, its residents and its history and cultural practices in mind. This is crucial because the property in question has infinite potential to become a vital buffer, not just to protect the cultural kipuka of Waipi`o Valley,recognized as one of Hawai`i`s most pristine natural and cultural resources,but also to assist in the solidification of the Waipi`o Preservation Buffer. In fact, Pohaha I Ka Lani asserts that long term,well-planned, community-focused public use of the 1.8 acres of land, as initiated in this application, can have countless positive impacts and result in long lasting benefits on many levels. According to the 1990 Hamakua Regional Plan Executive Summary, Zone 3 Kukuihaele to Waipi`o, where TMK 4-8-04:06 is located, is "the most culturally and historically sensitive area in Hamakua." Because of this special status,the plan's Executive Summary recommends that efforts need to be made "to ensure that future use will continue to reflect the rural ambiance and character of the area." This need to protect and preserve this area is further substantiated by survey findings conducted through a DEPARTMENT OF PARKS&RECREATION Page 3 series of public and community meetings. These findings clearly state that, "The preservation of the Waipio Rim is an unqualified precondition to consideration for development." According to the aforementioned Executive Summary, this Waipi`o Rim Preservation Buffer was established "to preserve the cultural and scenic integrity of the rim by preventing development and view plane encroachment from private structures. Uses consistent with this intent include reforestation with rare, endangered and other species, and provision for a wilderness park with outdoor recreational areas combining passive activities such as hiking and picnicking." Pohaha I Ka Lani is excited to propose a course of action for TMK 4-8-04:06 that aligns with the established community intent to protect and preserve the cultural and scenic integrity of the area. This course of action advocates for the community and all levels of government to work together to protect and preserve TMK 4-8-04:06, the Waipi`o Rim area, as well as the cultural kipuka of Waipi`o Valley. Moreover by collaborating with other federal, state and county government initiatives promoting place-, culture-, and community-based approaches to natural and cultural resource management, Pohaha I Ka Lani hopes to develop a solid, sustainable stewardship practice that has the potential to be reduplicated elsewhere. As a Hawaiian non-profit organization with strong roots in the Waipi`o-Kukuihaele area, we consider Pohaha I Ka Lani to be a very good candidate for the advertised stewardship position. In addition, we present the following reasons to be selected as caretaker, or kahu of this `aina: • Pohaha I Ka Lath has a successful history of land stewardship of 6.7 acres of Bishop Museum lease land at Napo`opo`o in Waipi`o Valley • Pohaha I Ka Lani members and affiliates include expert Hawaiian educators, natural resource managers and cultural practitioners, with extensive land stewardship experience and an unwavering commitment to aloha aina. • Pohaha I Ka Lani has completed 2 successful educational projects in Waipi`o Valley, serving thousands of participants, ages 9-90+. DEPARTMENT OF PARKS&RECREATION Page 4 • Several Pohaha I Ka Lani board members and affiliates have deep genealogical, historic and personal ties to Waipi`o and parcel area. • A new Pohaha I Ka Lani`s board member has decades of experience successfully implementing innovative sustainable programs in Waipi`o and beyond, which combine high quality Hawaiian education and natural resource management and stewardship. This member and her family live nearby and are willing to donate significant volunteer hours to this project. • Pohaha I Ka Lath members and affiliates have impressive academic and cultural backgrounds including in depth knowledge of area history, land stewardship, traditional practices, including local songs,hula and chants and much more. • As part of our existing affiliation with the parcel, Pohaha I Ka Lani members and affiliates have already begun partnering with community research efforts focusing on the specific history of the land in question,by beginning to speak with descendants and relations of former residents. • Pohaha I Ka Lani is very interested in expanding our partnerships with other organizations in an effort to complete research in a number of areas approved by the Hawai`i Charter. • Pohaha I Ka Lath will involve interested learners of all ages in all aspects of our efforts to take care of this special place. This includes baseline mapping, creating various plans, establishing and maintain viable community partnerships and planning and executing a variety of Hawaiian educational activities. Connection and Commitment to the Community: As a native non-profit, Pohaha I Ka Lani has a longstanding commitment to malama `aina, especially Waipi`o and its surroundings. This includes not just physical stewardship of land, but also getting involved in community issues and initiatives, and partnering with various private and public entities to preserve Waipi`o Valley and its rim. In fact,Mafia.I Ka Lani is vested in the Waipi`o area and our members are known and respected in the community. Pohaha I Ka Lani members and affiliates have been involved in the acquisition of this land from the Rice family, from the very beginning, organizing DEPARTMENT OF PARKS&RECREATION Page 5 and testifying in favor of the purchase of the land, and participating in initial clean-up efforts. Furthermore, some of our members are nearby residents and land owners and very familiar with the property, its resources, and most of all its potential as a buffer area. Pohaha I Ka Lani`s leadership has also been instrumental in the recent establishment of a community group called Ha Ola 0 Waipi'o Valley, spearheaded by Pohaha I ka Lani's President. The mission of this group is, "We, Ha Ola 0 Waipi'o Valley will strive to perpetuate and preserve its' agricultural lifestyles and rich heritage. As stewards we will work to Malama `aina, all natural resources of our ahupua'a. We will honor and respect our Kupuna with love." If awarded opportunity to take care of this very special place, Pohaha I Ka Lath plans to continue to work with all interested entities to create a viable buffer used to educate locals and visitors alike about Waipi`o Valley and Hawaiian ways and dissuade those who have no function in Waipi`o to descent into the valley. By collaborating with multiple project partners, including adjacent landowners, we aim to produce and implement collaborative actions,that will assist not just in the protection of TMK 4-8-04:06, but increase collaboration and community involvement to develop capacity for community stewardship of adjacent Waipi`o and Waipi`o Rim state and private lands. As educated kama`aina, we believe in investing in the strengths of our community and converting people's passion for things Hawaiian into meaningful and sustainable practices and actions. At the same time, Pohaha I Ka Lani's board members also fully understand the special challenges facing Waipi`o and its surroundings, and the multiple issues that threaten Hawaiian cultural and natural resources and treasures today. We believe that this familiarity with the opportunities and assets, as well as the challenges, uniquely qualifies us to take on the stewardship of this very special parcel of land in our community. Goals and Objectives Long-range vision The long range vision of Pohaha I Ka Lath is to transform and integrate TMK 4-8-04:06, and possibly lands in the Waipi`o Preservation Buffer, into a permanent Hawaiian Preservation Buffer and Learning DEPARTMENT OF PARKS&RECREATION Page 6 Zone, which preservers the rural, Hawaiian character of the Waipi`o Lookout and Kukuihaele area and protects historic Waipi`o Valley. This Hawaiian Preservation Buffer and Learning Zone will provide visitors and locals alike with unique educational opportunities to experience and interact with the valley's history and culture, without actually descending into the valley. Pohaha I Ka Lani believes that travel into, and resulting negative impact on Waipi`o, can be significantly reduced by providing authentic Hawaiian hands-on experiences at the former Rice Property at the Waipi`o Lookout. These activities include propagating, planting and using native plants for food production and preparation, native arts, culture and traditions and much more. In addition,to educating learners of all ages about Waipi`o and the history and culture of this land,we also envision TMK 4-8-04:06 to become the future gateway to access a community-based wilderness park and outdoor recreational area,where learners can interact with nature and experience the magic of Waipi`o from the rim of the valley. Goal for 2015: Since we understand that this proposal can only be funded for the duration of one year, and since we are not certain of the amount of funding available, our goal for 2015 focuses on creating and implementing a native re-vegetation plan, as well as a place-based education plan for the area. At the same time we hope to begin our stewardship of the land through the maintenance of the parcel, and its revegetation with native plants involving learners of all ages. By achieving this within one calendar year, we believe that we will make a valuable step in the right direction towards the realization of our long term vision. This vision includes conducting a biological study for the protection of Native Hawaiian plants and animals, as well as an archeological study to assess extent of use of area prior to the plantation. Objectives: For calendar year 2015 we have developed the following,interrelated six(6)objectives: 1. Map Property Assets including Vegetation Inventory 2. Create Native-Revegetation Plan for Property 3. Maintain Property DEPARTMENT OF PARKS&RECREATION Page 7 4. Reduce Invasive Species 5. Propagate and Plant Native Plants 6. Create and implement an Educational Plan with natural vegetation as primary curriculum Outcomes Expected: The following outcomes are expected to be delivered by the end of the grant period(December 2015). 1. Property well maintained 2. Invasive species reduced 3. Native species planted 4. Re-Vegetation Plan completed and partially implemented 5. Educational Program underway Impact Indicators Pre-Grant—Property is currently overgrown with invasive species,with no public use of area. End of Grant Year — Property well maintained, invasive species reduced and native species planted, public education program underway. While we understand that this proposal—due to budget regulation constraints—can only be funded for the duration of one year,Pohaha I Ka Lani strongly advocates for a multi-year stewardship opportunity of this parcel. We feel that a future long term lease to our non-profit community-organization would yield great benefits not just for the property in question but the surrounding area as well. DEPARTMENT OF PARKS&RECREATION Page 8 II. PROJECT DESCRIPTION A. Location of Project: Hamakua District,Waipi`o Valley Lookout TMK: 4-8-04:06 B. Number of Persons Who Will Benefit: During the first one-year grant cycle hundreds, in the future thousands C. Project Description: Pohaha I Ka Lani has identified a twelve-month grant period, commencing January 2015 and ending December 2015. However,we are perfectly open to modifying these dates if requested. During these twelve project months we plan to accomplish six major objectives. While we realize that this is a lofty endeavor, we are confident that by pooling our strengths with likeminded individuals and organizations, both private and public, we can reach our goals and make significant impact in our community. The table below identifies our objectives and timelines, persons responsible, as well as expert consultants willing to assist our efforts. Objective Timeline Person Responsible Expert Consultants Create Baseline Map, JANUARY 2015 — Jesse K. Potter, BS Kumupa`a Cultural including Vegetation APRIL 2015 Tropical Horticulture/ Resource Consultants Inventory BA Communications Create Native- APRIL 2015 — Dave Sansone, Hui KU Mauli Ola Revegetation Plan SEPTEMBER 2015 Agroforestry Design LLC Maintain Property JANUARY 2015 — Kulia K. Tolentino- UH Hilo CAFNRM DECEMBER 2015 Potter, Pohaha I Ka Lani founder Reduce Invasive FEBRUARY 2015— Jesse K.Potter UH Hilo CAFNRM Species DECEMBER 2015 Propagate and Plant FEBRUARY 2015— Jesse K.Potter Hui KU Mauli Ola Native Plants DECEMBER 2015 Create and implement JANUARY 2015 — KU Kahakalau, Ph.D. Makana o Liloa an Educational Plan DECEMBER 2015 Indigenous Education with natural vegetation as primary curriculum The chart below lists the multiple activities required to accomplish the six(6) stated objectives Objectives Activities in order DEPARTMENT OF PARKS&RECREATION Page 9 Create Baseline Map, • Train students in baseline mapping including Vegetation • Conduct baseline mapping of parcel with students Inventory • Plot Baseline Map • Plot Vegetation Inventory Create Native- • Draft Revegetation Plan using Vegetation Inventory Revegetation Plan • Discuss Revegetation Plan with community and experts • Finalize and implement Revegetation Plan Maintain Property • Acquire equipment and supplies to maintain property • Assure safety of acquired equipment and supplies • Use acquired equipment and supplies to maintain area Reduce Invasive • Inventory Invasive Species Species • Plan group eradication activities • Sponsor regular community workdays to reduce invasive species Propagate and Plant • Inventory native plants Native Plants • Propagate native plants already growing on property. • Propagate plants suggested by the Revegetation Plan • Plant propagated plants based on Revegetation Plan Create and implement • Inventory land assets an Educational Plan • Draft Educational Plan focusing on natural vegetation with natural vegetation • Discuss Educational Plan with community and experts as primary curriculum • Implement and revise Educational Plan based on data Pohaha I Ka Lani strongly believes that TMX 4-8-04:06 has infinite potential as an Hawaiian learning zone, protecting Waipi`o and its rim from the ever-increasing onslaught of visitors to the valley, by providing engaging opportunities for learners of all ages to experience Hawaiian language, culture and traditions in action, without having to descent into the valley. Our vision for this property is to become a place where: • Hawaiian core values like aloha, kuleana, kulia i ka nu`u, malama `aina are openly exhibited, guiding the behaviors of the hosts, and contextualizing what is taught to the guests. • the ecosystem is restored to its natural resiliency and functions through ongoing on-the-ground community conservation efforts. • the natural native fauna and flora thrives and is used to practice the culture and sustain the land. • cultural protocol and Hawaiian traditions are practiced continuously • Hawaiian language is the preferred medium of communication and • the power of diverse interests and communities is united in a collaborative stewardship DEPARTMENT OF PARKS&RECREATION Page 10 III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA's): N/A B. Special Management Area(SMA)Permit: N/A C. Other: Per County Planning Department no special permits are necessary for the work presently proposed for the property by POhaha I Ka Lani. DEPARTMENT OF PARKS&RECREATION Page 11 IV. PROJECT BUDGET BUDGET DETAILS PROJECT APPLICANT OTHER AMOUNT BUDGET SHARE RESOURCES REQUESTED TOTAL Equipment $31,500 $31,500 Supplies $47,500 $47,500 Financial Services $3,000 $3,000 Liability $1,500 $1,500 Insurance Human Resources $100,000 $100,000 Total $100,000 $83,500.00 $183,500.00 Equipment Budget Narrative Item Amount Description/Purpose Heavy Duty Mower $5,000 For maintenance of property Push Mower $1,000 For maintenance of property Weedeaters $1,500 For maintenance of property: large weedeater for landclearing,grass maintenance,and tree pruning; small weedeater for grass maintenance. Chainsaws $3,000 Large and small chainsaws for tree felling and maintenance. Storage Sheds $12,000 Heavy Duty storage shed and boxes for on-site storage Security Camera System $3,000 Day&Night Security for site Mower&Materials Trailer $3,000 For transportation of equipment to site,hauling of materials,etc. Documentation Equipment $3,000 Video and photo cameras for document progress Total $31,500.00 Supplies Budget Narrative Item Amount Description/Purpose Personal Protection Equipment $2,000 For volunteers and participants,which includes gloves, glasses,hearing protection, chainsaw/weedeating chaps, Hand Tools $2,000 Hand tools for volunteers and participants. Misc Power Equipment $2,000 Includes oil, string,chainsaw chains, Supplies Weedeater Attachments $1,000 Blade,pole saw attachments Tree Climbing Equipment $2,000 For tree maintenance Temporary Shelter $3,000 Pole tents and pop tents Weed Mat $2,000 Non-chemical weed maintenance DEPARTMENT OF PARKS&RECREATION Page 12 Fencing Materials $15,000 Fencing remaining of property including gates Security Lights $2,000 For night time security Signage Materials $2,000 Signs,posts,and mounting equipment for education and awareness. Tables $1,500 Outdoor tables for participants Chairs $1,000 Outdoor chairs for participants Fuel,Vehicle $5,000 Fuel for travel to site Fuel,Power Equipment $2,000 Fuel for mowers,chainsaw,weedeaters, etc. Plants $5,000 Native and beneficial plants for restoration Total $47,500.00 Liability Insurance Narrative Liability Insurance $1,500 Yearly liability insurance coverage: $1 million occurrence/$2 million aggregate Financial Services Narrative Bookkeeping Services $3,000 $250/month for bookkeeping services Human Resource Requirements Cost Principal Investigator(PI) Responsible for overall guidance and $20,000 oversight of program, ensuring fulfillment of grant specifications, partnership requirements and successful implementation of educational programs Project Director(PD) $30,000 Responsible for overall development,management and implementation of grant and grant requirements and establishment of viable partnerships to leverage resources. Curriculum Developer(CD) $25,000 Responsible for Creation and Implementation of Educational Plan and Place-Based Curriculum Landscape Planner(LP) $25,000 Responsible for Creation and Implementation of Revegetation Plan Total $100,000 DEPARTMENT OF PARKS&RECREATION Page 13 V. APPLICANT INFORMATION A. Brief history of the applicant organization.Include the date of incorporation as a non-profit organization(use attachments where appropriate): Pohaha I Ka Lath was incorporated as a 501(c)3 non-profit organization in 2009. Our mission is to revitalize and advance indigenous Hawaiian culture through a variety of programs. Over the past years, Pohaha I Ka Lani has provided cultural and natural resource management activities for K-12 school-, university-, and community groups,primarily through the restoration and management of ancient lo'i systems at Napo'opo'o in Waipi'o Valley. In addition,we have provided opportunities for interested learners of all ages,with a special focus on native youth,to learn about imu making,Hawaiian food preparation and other cultural activities in and outside of Waipi'o Valley. B.Main source(s) of financial support: At present, our primary sources of funding include private donations from the Board of Directors, donation from outside individuals,as well as a variety of grants received from private and public funds.In addition,the organization receives considerable in-kind support in the form of a Volunteer Program Director, a Volunteer Executive Director and a Volunteer Grant Writer. C.Please list prior projects successfully completed: Pohaha I Ka Lani's first successfully completed program was called Ka Wai I Ho'oulu Ho'omalamalama I Ka Malama. Focusing on the empowerment of kane(male)and wahine(female) respectively,these programs provided cultural activities in Waipi`o Valley,which connected participants with traditional practices and ancient knowledge. Our second program called Kabuli is ongoing providing for cultural and environmental education through place based learning at the ancient village sites of Napo'opo'o in Waipi'o Valley. This program is open to all ages and demographics and includes participants from throughout Hawai`i Island and beyond. DEPARTMENT OF PARKS&RECREATION Page 14 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: .111'-t° Certificate of insurance shall be required with County of Hawai`i named as additional insured. — Organization shall provide annual report which shall include accomplishments,financial statements including but not limited to report of grant expenditures,and status of overall project. DEPARTMENT OF PARKS&RECREATION Page 15 • • _ INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 0. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: ti MAR (\ C 201 80-0380686 {� DLN: 600021013 POHAHA I KA LANI Contact Person: PO BOX 106 RACHEL M LEIFHEIT ID# 31617 HONOKAA, HI 96727 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: February 17, 2009 Contribution Deductibility: Yes Addendum Applies: No • Dear Applicant: Weare pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your peimanent records. Organizations exempt under section 501(c) (3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) Bylaws POHAHA I KA LANI ARTICLE I NAME ARTICLE II PURPOSE ARTICLE III FOUNDER'S VISION ARTICLE IV BOARD OF DIRECTORS ARTICLE V OFFICERS AND BOARD MEMBER DUTIES ARTICLE VI COMMITTEES ARTICLE VII FINANCES ARTICLE VIII CORPORATION MEETINGS ARTICLE IX VOTING ARTICLE X CONFLICT OF INTEREST ARTICLE XI CONTRACTS AND CHECKS ARTICLE XII BOOKS AND RECORDS ARTICLE XIII AMENDMENTS ARTICLE XIV GOVERNANCE ARTICLE I NAME SECTION 1. The name of this Corporation shall be POHAHA I KA LANI, hereinafter referred to as "the Corporation." ARTICLE II PURPOSE Section 1. The purpose of the Corporation is set forth in the Articles of Incorporation. ARITLCE III FOUNDER'S VISION Section 1. The founding member of Pohaha I Ka Lath is recognized as Kulia Kauhi Tolentino-Potter (fka Kulia Kauhi Tolentino), hereinafter referred to as the "Founder". Amended by the Board of Directors on August 23,2014,Meeting 14-03 Section 2. The Founder's Vision is "To provide programs for the continuation and advancement of Hawaiian cultural knowledge, wisdom, and practices through the generations." Section 3. All organizational actions and programs shall be in congruence with the Founder's Vision. The Founder's Vision is unamendable in perpetuity. Section 4. The Founder shall be reserved a seat on the Board of Directors as long as the Corporation is in existence. ARTICLE IV BOARD OF DIRECTORS SECTION 1. The Board of Directors shall serve without pay and consist of 5-7 members. SECTION 2. Board members shall serve a teiiii of a year and term may or may not be extended. SECTION 3. Vacancies shall be filled by the Board. ARTICLE V OFFICER AND BOARD MEMBER DUTIES SECTION 1. The officers of the board shall consist of a President,Vice President, Secretary, and Treasurer nominated by the Board. SECTION 2. Elected officers will serve a tuna of one year. Term may be extended if duties have been completed in previous year(s). SECTION 3. Duties A. The President shall: • Preside at all Board meetings • Produce meeting agenda • Appoint committee members with approval by board. • Perform other duties as associated with the office, B. The Vice President shall: • Assist the President in presiding in meetings and any other duties assigned by President. • Assume the duties of the President in case of the Chair's absence. • Assume duties of the Secretary in case of the Secretary's absence. C. The Secretary shall: • Be responsible for the minutes of the Board, recording them during meetings. • Keep all approved minutes on file electronically or physically • Shall send out copies of the previous meetings minutes to the board seven (7) days prior. D. The Treasurer shall: Amended by the Board of Directors on August 23,2014,Meeting 14-03 • Keep record of the organization's budget and prepare financial reports as needed. • Manage board financial records. • Solicit and manage grants with President, reporting to the board. E.All board members including officers shall: • Attend board meetings. • Represent the organization ethically and responsibly in accordance with the organizations purpose, By-Laws and Articles of Incorporation. • maintain communication through emails between board meetings. ARTICLE VI COMMITTEES SECTION 1. The Board may appoint committees as needed. SECTION 2. Committees shall be designated a purpose statement upon creation. SECTION 3. Committees shall consist of one or more board members, who shall make committee reports to the board to report activities. ARTICLE VII FINANCES SECTION 1. Preparation of budget: The Annual budget of the corporation shall be prepared by the President and Treasurer for approval by the Board of Directors. SECTION 2. The corporation fiscal year will be January 1 through December 31. ARTICLE VIII CORPORATION MEETINGS SECTION 1. The corporation shall have quarterly meeting for the purpose of transacting business with special meetings called as needed.,whereas electing officers shall be done at the first meeting of the year. Meeting date and times shall be decided four (4) weeks prior. The first meeting of the year is mandatory. SECTION 2. Special meetings may be held at any time when called for by the President or a majority of the Board of Directors. SECTION 3.Agendas shall be provided at least seven days in advance. SECTION 4.Agenda items shall be added during previous meeting or emailed to President with supporting documents prior to agenda production. SECTION 5.Attendance Policy: • Board members must attend meetings unless prior notice given for their absence. • Board members subject to review for dismissal when: o One (1)unexcused absence or Two (2) absences in a year term. o Emergency circumstances will be considered. Amended by the Board of Directors on August 23,2014,Meeting 14-03 SECTION 6. Meeting date and time should be scheduled four (4)weeks prior. SECTION 7. Meetings shall not exceed 2 hours unless approved by board vote. SECTION 8. When a quorum is present at any meeting, decisions shall be made by consensus and in- line with organizational values. ARTICLE IX VOTING SECTION 1. A majority of board members constitutes a quorum. SECTION 2. In absence of a quorum, no formal action shall be taken except to adjourn the meeting to a subsequent date. ARTICLE X CONFLICT OF INTEREST SECTION 1. Any member of the board who has a financial, personal, or official interest in, or conflict (or appearance of a conflict)with any matter pending before the Board, of such nature that it prevents or may prevent that member from acting on the matter in an impartial manner, will offer to the Board to voluntarily excuse him/herself and will vacate his seat and refrain from discussion and voting on said item. ARTICLE XI CONTRACTS AND CHECKS SECTION 1. The Board of Directors may authorize the President and/or any other officer or officers, agent or agents of the Corporation to enter into any contract or to execute and deliver any document, instrument, or writing of any nature in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. SECTION 2.All checks, letters of credit, 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 the President and/or such other officers or agents of the Corporation and in such manner as shall be determined from time to time by the Board of Directors. In the absence of such determination by the Board of Directors, the instruments shall be signed by the President. ARTICLE XII BOOKS AND RECORDS SECTION 1. 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. The Corporation shall keep a copy of the following records at its principal office: a)Articles of Incorporation and all amendments currently in effects; b) Bylaws and all amendments currently in effects; Amended by the Board of Directors on August 23,2014,Meeting 14-03 c) Resolutions adopted by the Board of Directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members; d) Minutes of all meetings of members and records of all actions approved by members for the past three years; e)Annual financial statements for the past three years; f)A list of the names and addresses of its current Board members and officers; and g)The most recent annual report filed with the Director of the Department of Commerce and Consumer Affairs. SECTION 2. The records required to be kept at the Corporation's principal office and any other records as required by law, shall be open to inspection at a reasonable time upon written demand of any member providing notice of five (5) business days or more. ARTICLE XIII AMENDMENTS SECTION 1. These Bylaws may be amended or repealed by the vote of a majority of the Board of Directors present at a meeting called for that purpose. ARTICLE XIV—GOVERNANCE SECTION 1. The Corporation shall be free to conduct its affairs in compliance with the By-Laws. The Board of Directors shall develop policies and procedures necessary to ensure responsible fiscal operation. SECTION 2. Dismissal Policy • The Board reserves the right to dismiss board members when a board member fails to perform their duties (ARTICLE IV, SECTION 3) and/or fails to comply with meeting attendance policy (ARTICLE VII, SECTION 5). • Board members subject to dismissal shall be voted on by the board with the subject board member required to abstain. President Jesse Keone Potte President, Signature: _Ar a / Date:August 23, 201 Amended by the Board of Directors on August 23,2014,Meeting 14-03 p;;-- - hi Pohaha I Ka Lani P.O.Box 412 Kurtistown,HI 96760 pohahaikalani@gmail.com www.pohahaikalanico m Mission Statement "To revitalize and advance indigenous Hawaiian culture" Founder's Vision "To provide programs for the continuation and advancement of Hawaiian cultural knowledge, wisdom, and practices through the generations" Founder Kulia Kauhi Tolentino-Potter Meaning of Pohaha I Ka Lani "Pohaha I Ka Lani is the emergence of intelligent stewardship to perpetuate and advance Hawaiian resources" C,1TIFICATE OF VENDOR COMPLIANCE 8/29/14, 10:25 AM a �'14za `iT `40 KA A414�. STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the compliance status of the vendor identified below on the issue date with respect to certificates required from the Hawaii Department of Taxation (DOTAX), the Internal Revenue Service, the Hawaii Department of Labor and Industrial Relations (DLIR), and the Hawaii Department of Commerce and Consumer Affairs (DCCA). Vendor Name: POHAHA I KA LANI DBA/Trade Name: POHAHA I KA LANI Issue Date: 08/29/2014 Status: Compliant Hawaii Tax#: W17685421-01 FEIN/SSN#: XX-XXX0686 Ul#: No record DCCA FILE#: 225274 Status of Compliance for this Vendor on issue date: Form Department(s) Status A-6 Hawaii Department of Taxation Compliant Internal Revenue Service Compliant COGS Hawaii Department of Commerce & Consumer Affairs Exempt LIR27 Hawaii Department of Labor& Industrial Relations Pending Status Legend: Status Description Exempt The entity is exempt from this requirement Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards compliance https://vendors.ehawaii.gov/hce/app/view_certificate.html Page 1 of 2 CERTIFICATE 9F VENDOR COMPLIANCE 8/29/14, 10:25 AM Pending The entity is compliant with DLIR requirement Submitted The entity has applied for the certificate but it is awaiting approval Not The entity is not in compliance with the requirement and should contact the issuing agency for more information Compliant https://vendors.ehawaii.gov/hce/app/view_certificate.html Page 2 of 2 DEPARTMENT OF PARKS&RECREATION AUPUNI CENTER 101 PAUAHI STREET,SUITE 6 HILO,HI 96270 TELEPHONE: (808) 961-8311 PONC STEWARDSHIP GRAANTREQUEST A. NAME AND ADDRESS OF ORGANIZATION Friends of the Future on behalf of the Waipi`o Community PO Box 2655 Kamuela, HI 96743 N_5 B. REQUIRED DOCUMNTS =: 70 X Non-profit (501(c)3), IRS letter of determination rn X Copy of organization bylaws and mission statement X DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Project Contact: D. Ka`iulani Pahio Phone:Work: 890-2507 Mobile: 960-5272 Organization Contact: Susan Maddox Phone: Work: 885-8336 Mobile: 989-0558 D. PROJECT PERIOD: 1/1/15 to 6/30/16 E. PROJECT AREA: TMK(3rd) 4-8-04:06, Kukuihaele, Hamakua District,1.8 acres on the rim of Waipi`o Valley at the top of the access road,formerly known as the Thomas/Rice property,the first parcel purchased using the County's Open Spaces fund. DEPARTMENT OF PARKS&RECREATION Page 1 F. PROJECT COST: Applicant share: $ 5,000 Other resources: $ 18,000 community in-kind Amount requested: $ 54,630 Total Project Cost: $ 77,630 G. CERTIFICATION: The applicant certifies that the information contained in this Application is true and correct to the best of his/her knowledge. Name of Authorized Official: Susan Maddox Title of Authorized Official: Executive Team Leader Signed:`u' Date: 11243/14 For Office of Management Use Only DATE RECEIVED: APPROVED Amount: $ Comment: DENIED Reason(s) DEFERRED Reason(s) Signed: Date: Managing Director DEPARTMENT OF PARKS&RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application). The project will operate under the fiscal sponsorship of Friends of the Future, the same organization that has served as the umbrella for the Waipi'o Education &Information Officer program since its inception in 2004. The proposed project is to continue work started by community members via a preliminary Friends of the Park agreement signed with County Parks & Recreation Department in 2009. Funds being requested will be used to purchase equipment,tools,supplies and professional services required to clear,restore and replant the property site so it can be used as safe community gathering place, as well as a place for visitors to experience and learn Waipi`o without actually entering the Valley.Volunteers from the community will hold regular workdays, at a minimum, on the first Saturday and/or Sunday of each month.Tasks to be completed include: 1) complete a site map showing the location of all native plants and trees using the services of area students and educators; each session will also be an opportunity to educate community volunteers about the plants and trees; 2) clear underbrush and invasive species from the site, and create a small parking area for workday volunteers to park so they do not add to the already congested visitor parking in the existing parking lot and along the roadside; 3) identify, and clearly label,trees to be trimmed and/or removed,using the services of a professional,certified arborist,licensed for the work,to ensure the safety of all who visit the site; 4) install chain link fencing along the Waipi'o Road frontage and privacy fencing on the Honoka`a side bordering Kelly Loo's home,and two (2) access gates on the property frontage at the current entryways; 5) begin to propagate native plants on the site and build small taro mala`ai/lo`i which can be used as educational resources for students, community members and visitors; 6) perform regular maintenance on the site until the community is able to create a comprehensive vision and use plan for the property as a safe community gathering place and cultural education center/museum. DEPARTMENT OF PARKS&RECREATION Page 3 IL PROJECT DESCRIPTION A. Location of Project: 4-8-04:06, Kukuihaele, Hamakua District,1.8 acres on the rim of Waipi`o Valley at the top of the access road,formerly known as the Thomas/Rice property,the first parcel purchased using the County's Open Spaces fund. B. Number of Persons Who Will Benefit: 200 residents who live in the Waipi`o/Kukuihaele community; all Hawaii Island residents who visit the area; 250 hula halau members who traditionally visit the Valley prior to the annual Merrie Monarch Festival; 500 school aged children who annually visit the Valley. The Waipi`o Education&Information Officer program logged more than 200,000 visitors/year representing all 50 states and 36 foreign countries. C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose.Additional pages may be attached. For a number of years,kupuna and community leader Ku'ulei Badua has held a vision of the Thomas/Rice property as a safe community gathering place, with well cared-for grounds,native plant gardens, a pa hula,and small cultural education center/museum. Her first priority is to create a place for the community and for generations of children to come to that will preserve the family stories of Waipi`o and surrounding area. Funds being requested will be used to purchase equipment,tools and supplies needed to continue to organize and carry out the community workdays started by Auntie Ku'ulei. Workdays will be held, at a minimum, on the first Saturday and/or Sunday of each month, using the volunteer services of landscape architect Brad Kurokawa to help prioritize and guide the work. Month 1: Host a series of community meetings to explain the grant and seek input on the work plan and priorities; secure commitments from community members for specific workdays. Months 2: Deliver 20' container for storage of all project supplies equipment and materials. Create a detailed inventory list and use security inventory labeling system to clearly label all items. Install security alarm on container. DEPARTMENT OF PARKS&RECREATION Page 4 Months 3-4:Walk the entire site and create a map of existing native plants and trees, using the 2007 EA completed at the time the property was purchased; clearly identify and tag invasives to be removed. Months 5-8: Using the Workday priority project lists created with community input, identify specific community volunteer teams to clear underbrush and remove invasives in a well organized, safe coordinated manner. Month 8: Host community gathering to update and celebrate progress,further prioritize tasks and engage more regular volunteers. Months 9-10: Seek competitive professional bids for trimming/removing trees identified as invasives or in such poor condition they pose a public safety hazard, and for installation of perimeter fencing. Months 11-12: Trim and/or remove trees identified as invasive or in such poor condition they pose a public safety hazard,using a certified, bonded and licensed arborist or tree service. Months 13-14: Install chain link fencing along the Waipi'o Road frontage and on the Honoka`a side bordering Kelly Loo's home,and two (2) access gates on the property frontage at the current entryways. Months 15-16: Create small sitting/picnic areas and pa hula to provide places for community members and visitors to enjoy the area. Months 17-18: Begin to plant additional native plants, including creating kalo mala'ai/lo`i which can serve as an education site. Month 18: Host community update and celebration of work completed and begin long term community-based visioning for the site. DEPARTMENT OF PARKS&RECREATION Page 4A III. PERMITS/APPROVALS REQUIRED C. Environmental Assessments (EA's): 2007 EA completed at time of property purchase; will follow guidelines in that report as well as expertise of community volunteer landscape architect who is familiar with needs B. Special Management Area (SMA) Permit: N/A C. Other: DEPARTMENT OF PARKS&RECREATION Page 5 IV. PROJECT BUDGET BUDGET DETAILS PROJECT BUDGET APPLICANT OTHER AMOUNT SHARE RESOURCES REQUESTED TOTAL 1 Riding Mower w/utility cart 0 0 2,500.00 2,500.00 Chain link fencing (1,300LFT, 11 gauge, 6' tall) 0 0 9,100.00 9,100.00 20' storage container 0 0 2,000.00 2,000.00 Security alarm & inventory label 0 0 1,000.00 1,000.00 system 6 Weedeaters & line 0 0 1,200.00 1,200.00 Gas, oil/for mower, weed-eaters, saws 0 0 1,000.00 1,000.00 Trash bags, buckets, cooler, water jug, pens, labels, 2 tables, 6 chairs, tarps, hoses 0 0 1,000.00 1,000.00 Volunteer T-shirts &safety vests 0 0 900.00 900.00 12 Loppers 0 0 600.00 600.00 4 Wheelbarrows 0 0 300.00 300.00 4 Canvas wagons 0 0 300.00 300.00 50 pr Work Gloves 0 0 400.00 400.00 2 Chain saws 0 0 360.00 360.00 20'x20' pop up tent 0 0 250.00 250.00 50 pr Safety Glasses 0 0 250.00 250.00 12 Cane Knives 0 0 240.00 240.00 4 O'o Bars 0 0 200.00 200.00 2 Work Day banners 0 0 200.00 200.00 12 Pruning Shears 0 0 180.00 180.00 6 Handsaws 0 0 150.00 150.00 15 Hard Hats 0 0 120.00 120.00 6 pr Ear Protection 0 0 120.00 120.00 2 Picks 0 0 100.00 100.00 4 Rakes 0 0 80.00 80.00 4 Shovels 0 0 80.00 80.00 Professional tree services 0 0 20,000.00 20,000.00 Professional fence installation 0 0 12,000.00 12,000.00 Community volunteer labor 0 8,000.00 0 8,000.00 Landscape architect(pro bono) 0 10,000.00 0 10,000.00 Project Coordination 5,000.00 0 0 5,000.00 Total $5,000.00 $18,000.00 $54,630.00 $77,630.00 DEPARTMENT OF PARKS&RECREATION Page 6 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): Friends of the Future was incorporated as a 501(c)3 non-profit corporation. Since its founding, FOF has served as the organizational home for more than 45 community-based programs dedicated to improving the health related quality of life for all who live,work and play here. FOF's connection to Waipi`o Valley began in 1990 when FOF staff assisted Waipi`o Taro Farmers Association members negotiate the first long term leases with Bishop Museum. Over the ensuing years, FOF has provided guidance on lease-related issues when requested. In December 2000, at the request of a group of 13 Valley residents, FOF began to serve as facilitator for the Waipi`o Community Circle, a community forum to address longstanding issues in the Valley. In 2004, as part of the Circle's work, FOF agreed to serve as fiscal sponsor for funding from the County and HTA to start the Education&Information Officer program.When the HTA funding/County contract ended three years later, FOF applied directly to HTA for additional funding to support the program. In 2013, FOF received an interim County grant to restart the Education&Information Officer program while details of a process to implement employment contracts for the program staff with the Department of Parks &Recreation. A dedicated team of community volunteers that has provided general oversight for the Waipi`o Education&Information Officer program are also committed to the success of the projects outlined in this grant proposal.They are each deeply involved in the community, and have links to other groups in the area including the Waipi`o Taro Farmers Association,the Kukuihaele Community Association and the newly formed Ha Ola o Waipi`o Valley Community Association and the Hamakua CDP process. B. Main source(s) of financial support: Friends of the Future is supported by a combination of grants,federal and state contracts,program fees and contributions. C. Please list prior projects successfully completed: 1. Waipi`o Education&Information Program 2. Beautiful Ahualoa (CPEP grant project) 3. F is for Firefighter Student activity book (Dept. of Public Works) DEPARTMENT OF PARKS&RECREATION Page 7 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: X Certificate of insurance shall be required with County of Hawaii named as additional insured. X Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS&RECREATION Page 8 RECEIVEL L._. _ 3 1997 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR P. 0. BOX 2508 CINCINNATI, OH 45201 1� 1t�p tie Employer Identification Number: JII Date: 1 t 1991 99-0296604 DLN: 317113542 FRIENDS OF THE FUTURE Contact Person: C/O SOPHIE ANN ROBERTSON TYRONE THOMAS PO BOX 2655 Contact Telephone Number: KAMUELA, HI 96743-2655 (213) 894-2289 Our Letter Dated: June 3, 1993 Addendum Applies: No Dear Applicant,: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (1) and 170 (b) (1) (A) (vi) . Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509 (a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (r'uTA) . You are required to file Form 990 only if your gross receipts each year are normally more than $25,000. For guidance in determining whether your gross receipts are "normally" more than $25,000, see the instructions for Form 990. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 percent of your gross.receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Letter 1050 (DO/CG) w;. WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF FRIENDS OF THE FUTURE The undersigned, being all of the members of the Board of Directors of FRIENDS OF THE FUTURE (the "corporation") , do hereby approve and adopt the following resolutions, by written consent in lieu of meeting, pursuant to Section 415B-16, Hawaii Revised Statutes: WHEREAS, the Articles of Incorporation and the By-Laws of the Corporation presently include provisions relating to members; and WHEREAS, the Corporation has never had members and does not intend to have members in the future; and WHEREAS, the Corporation wishes to amend the Articles of Incorporation and the By-Laws to remove provisions relating to members and to make certain other changes; NOW THEREFORE, BE IT RESOLVED, that the Articles of Incorporation are hereby amended to delete Article VII, entitled Membership, in its entirety, and replace it with the following: The Corporation shall have no members. RESOLVED FURTHER, that the By-Laws of the Corporation shall be amended and restated in their entirety, as shown on Exhibit A attached hereto; RESOLVED FURTHER, that the officers of the corporation are authorized and directed to do all acts, including without limitation, executing and filing documents, necessary or desirable to implement the foregoing resolutions . IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the 22nd day of April , 1998 . KENNETH F. BROWN EARL E. BAKKEN • , P-1.„, SHARON L. SAKAI PHYLLIt G. CL ► "KINDY" SP'00AT II. MONTY RICID3 HERBERT M. RICHARDS 0174099.01 frmrefundable Filing Fee: $20.00 DOMESTIC NONPROFIT &elan k Original and One True Copy General Amendment STATE OF HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS Business Registration Division 1'111' 111I 0 U 1010 Richards Street ailing Address: P. O. Box 40, Honolulu, Hawaii 96810 t pa 2 8 l9AE a:a-8 p nit ARTICLES OF AMENDMENT IDept of Commerce i Affairs (Section 415B-38, Hawaii Revised Statutes) STATE OF HAWAII The undersigned, duly authorized officers of the corporation submitting these Articles of Amendment, certify as follows: 1. The name of the corporation is: Friends of the Future 2. The amendment adopted is attached. 3. If adoption of the amendment was by the members, complete the following: A. A meeting of the members was held on (Month Day Year) A quorum was present at the meeting, and at least two-thirds of the members present at the meeting voted to adopt the amendment. OR B. The amendment was adopted by the written consent of all of the members of the corporation entitled to vote. 4. If adoption of the amendment was by the board of directors, complete the following: A. A meeting of the directors was held on April 22 1998 (Month Day Year) A quorum was present at the meeting, and a majority of the directors in office voted to adopt the amendment. OR B. The amendment was adopted by the written consent of all of the board of directors. 5. If the amendment was adopted by the board of directors, check only one of the following: [ X] The corporation has no members. OR [ ] There are no members entitled to vote. We certify under the penalties of 4156-158, Hawaii Revised Statutes, that we have read the above statements, and that the same are true and correct. Witness our hands this 22nd day of April 1998 . Kenneth F. Brown, President & Chair Sharon L. Sakai, Secretary (Type/Print Name& Thiel (Type/Pnnt Name& Tide) X...wrify,..L\-c-N-4•eik-o-ttp-- -<*w\JD,_, S. _i (Signature of Officer) (Signature of Officer) (See Reverse Side For Instructions) D2-3 Rev. 7/96 B14(fee) DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS STATE OF HAWAII In the Matter of the Incorporation ) ) of ) FRIENDS OF THE FUTURE ) 2775X Nov 2 1 1991 /40..(3 Wm De alSTAmT Of HAW onsumer A ain ARTICLES OF INCORPORATION Of Counsel : WATANABE, ING & KAWASHIMA PAMELA J. LARSON 5th Floor, Hawaii Building 745 Fort Street Honolulu, Hawaii 96813 Telephone: 544-8300 -`1858 � •- `•3- r� . jY,P•,i f£fAc Ka io, STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the compliance status of the vendor identified below on the issue date with respect to certificates required from the Hawaii Department of Taxation (DOTAX), the Internal Revenue Service, the Hawaii Department of Labor and Industrial Relations (DLIR), and the Hawaii Department of Commerce and Consumer Affairs (DCCA). Vendor Name: FRIENDS OF THE FUTURE* DBA/Trade Name: FRIENDS OF THE FUTURE* Issue Date: 08/27/2014 Status: Compliant Hawaii Tax#: W40444216-01 FEIN/SSN#: XX-XXX6604 Ul#: No record DCCA FILE#: 85992 Status of Compliance for this Vendor on issue date: Form Department(s) Status A-6 Hawaii Department of Taxation Compliant Internal Revenue Service Compliant COGS Hawaii Department of Commerce & Consumer Affairs Exempt LIR27 Hawaii Department of Labor& Industrial Relations Compliant Status Legend: Status Description Exempt The entity is exempt from this requirement Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards compliance Pending The entity is compliant with OUR requirement Submitted The entity has applied for the certificate but it is awaiting approval Not The entity is not in compliance with the requirement and should contact the issuing agency for more information Compliant FRIENDS OF THE FI. TL RE P.O. Box 2655. Kamuela. Hawaii 96743 (808) 885-8336 phone (808) 885-4993 fax future@flex corn VISION Hawaii leads the way in craeting processes that combine the diversity of all the cultures, beliefs, races and tehcnologies converging here (ripples in) into new ways of living together in fairness and peace on a very small planet (ripples going out). MISSION To create trust and harmony among the diverse cultures of Hawai'i through a process where all people can openly contribute their deepest values, create shared visions and continuously improve their communities. STATEMENT OF PURPOSE Friends of the Future embraces the future in ways that unify, empower and strengthen the ability of individuals and organizations to flourish by building trust and shared vision, through heartfelt dialogue about the hard issues shaping the future, and doing something about them — by focusing wisdom, skills and power from all sources, Including those previously no included. • — ' .. d- \ ‘' /- 1 ''.'". .'.'-0•C 7r ,_ • 1• '.r.e.om 2 P-- 1 \ 07 -z,0,.. F.!.7,,, li '41 I 76—7,5 -1 ',= ® !i; k ,k. gi woo'6 , , 0 - / / I I I 'i 1 nz • .7 L. 41_ • L I r; — t0.1 i Z....... x i$ "‘ti, aza: 1 '• 9'1_ 0,14 ' ,..<,,e e• ,,, . ,$)'''' i E.-. 44 ,.••• ..1 ,.- --I ,1 '.'i7; ...,r.,.A r __ i .f. . ' ..,___=-----j--"— —7, 77:•*.: 1 1 f,:-, Pp • ,,' • -1 ,... . ,-:, 2,,,-, /';,'•1' ,..',-, ; .' , 7— 4040 ....J WAIPIO . , ',,, ..... '-'•-.. HONOKAA • g* S. HPo— :.- :'...i • % • - --7 '' -. :,.' i 3., ,'.' I te 49 i '( l' ,IY -,......,. ,-/ 1 : s., -..' t;,c\., ..•: -\ / • i , IV ,... ' !,. \ 1 \ e ". g ', =,' ; •V ( . . ,,.. '. .1 .., r.m .•/' i .1 •( ,.. / 1.1 4.3 $ \. 4_,' IN S.. • ., . . 't -' .s* .. . . t . . ,\ 4 n ,e7 P \ . 1 \ : m I. 4.i ed ou ; 1, - . • \- • ,J1 I' I :,' .:, •.9'•0 'V , k 1 .a. \ . '211-1 _.__....5•_••.•:',,-”• .:42.,_,___ . . ., ‘ -\ / - a' i•'' . a. i , -=••,---..4:' - 1 / a • t .1 --, / A w• t'..3., 1-- i \ /.... ons, 4 o ... ... ZI \ t I I 1 -‘7( k V. ...4 \ ,• .( \ ' -. • ,.'' Z a :. I / „ / .\... / < N.. / ,. 4.", c •,,:4• :63 /I / 2 . , : ,%st'',• .C,9 ,...0 tii •.:: 4.•),,' ° •. Z : . . ca'•,-1 ,_, it 1 ‘‘., -;,, , NN . . a f i• .t.,, li.,', ' ,i,f1) ,•• ;014 J .. " 2 . i N 0, , 1,;:-:: .- • _,...., _..: ,... . /k,., ••-.. ,.//,,,,,,,, - '...6'' ?, 0 -.F') ' N) 1 (- .:\,.. \•'.. •-.I -4 o- -.1 •••'0, ,!'9 ,y;+ 1:1'.. IS (.7, ur : ,•-•••:,. 1 41 , r .,, 41 .: ,:.. . r„...r., 4 4..., ,,,zs . ; 1 . * ;rp!: /AD e‘.1) ,r, • `Z k ,r ri e o'w ,• ' — '...) if '' 1'.` ; .1 ' q,,i. 1 &•":s.,,.' 5. ''..V .., ;'q ' 1,! '-' 1 • J Ct I , Sr. ..r. V'1-1 •XV ..,... 4. ',...:...,...,..--r,5-".''r,*- I$ ,...-”,2 ra.. 1 •a,...,' - ' - r• -...,, :.1z-•35:'. •-•:-:7.,:-r; ::-..,. / t.etz ...kr F.Ao • '-','.;.--.'• •. -; --;-.2.7.--••!-',---: e . t DEPARTMENT OF PARKS & RECREATION AUPUNI CENTER 101 PAUAHI STREET, SUITE 6 Hao, HI96720 TF1.F.PHONE: (808)961-8311 \,.Q,-,:--VrEk %119 OD, A. NAME AND ADDRESS OF ORGANIZATION: Uhane Pohaku Na Moku 0 Hawaii, INC 279 Hakalau Place; Honolulu, Hawaii 96825 B. REQUIRED DOCUMENTS: _Non-profit (501(c)(3), IRS letter of determination Copy of organization bylaws and mission statement _DCCA Certificate of Vendor Compliance C. PERSON TO CONTACT: Kawehi Ryder PHONE -- Work: 315-7032 Mobile: 382-8744 D. PROJECT PERIOD: 10/01/2014 to 09/30/2016 E. PROJECT AREA: KAWA/Hileanui/ Hileaiki/Ka'u District DEPARTMENT OF PARKS &RECREATION Page 1 F. PROJECT COST Applicant share: $ 56,588 Other resources: $ 65,000 Amount requested: $ 9,500 Total Project Cost: $ 131,088 G. CERTIFICATION: The applicant certifies that the information contained in this application is true and correct to the best of his/her knowledge. NAME OF AUTHORIZED OFFICIAL: Kawika Yahiro TITLE OF AUTHORIZED OFFICIAL: Executive Director DATE: 08/29/2014 SIGNED: For Office of Management Use Only DATE RECEIVED: APPROVED Amount: $ Comment: DENIED Reason(s) DEFERRED Reason (s) SIGNED: DATE: Managing Director DEPARTMENT OF PARKS &RECREATION Page 2 BUSINESS PLAN I. PROPOSAL (Detailed plan can be attached to application): will be provided upon being accepted DEPARTMENT OF PARKS &RECREATION Page 3 II. PROJECT DESCRIPTION A. Location of Project: Kawa/Ka'u District B. Number of Persons Who Will Benefit: 3200 C. Project Description (Give a brief description of the work that will be done with the funds requested, including a timeframe and activities to accomplish stated purpose. Additional pages may be attached): The primary focus of our restoration and preservation efforts will be the Kawa Fishpond, Hilia nui dry streambed, identified grave site areas, Ke'eku Heiau, and the ala nui kahakai connecting Kawa to Ninole. While providing intergenerational training for youth, particularly those with moderate to high risk factors, understanding cultural values and developing skills in to'i restoration, taro farming methods, fishery integration and aquaculture nursery methods, water quality assessment and management, and perpetuating cultural traditions through leadership and business training. Listed are the following project services activities: 1) Coordinate and develop community work plan for restoration activities; 2) provide workshop training sessions ; 3) coordinate community partners with the following target population youth cohorts ages 12-21 yrs., adult mentors and elders (ages over 25 years).4) restoration of dry stream bed by clearing of debris; removing rocks from center of dry stream to increase surface flow; 5) identify and removal of invasive, replant endemic and indigenous plants along stream and costal zones, 6) restoration of designated fishpond area, 7) Monthly monitoring and evaluation of service activities. The following is a summary description of timeline and work plan. Phase I: Develop and Implement Cultural Resource Management Work Plan (1St QTR) 1. Establish and provide ongoing quarterly monitoring and progress reporting format to all parties requiring accountability of the designated identified stewardship project areas. 2. Identify current partners including: neighboring property owners, cultural/spiritual practitioners and others. 3. Receive from legal authorities (government, and other local entities) accurate boundary survey markers that outline the entire property and maximum limits of proposed project plan. 4. Record baseline census data for each of the two 50' by 100' grid sectors to include the following: a) Topography, soil structure and land forms like DEPARTMENT OF PARKS & RECREATION Page 4 "kipuka"; b) Agricultural/archaeological site-cultivation-"poe kahiko". Phase II: Staffing and Coordination of Community Resources (Mid of 1st QTR — Mid 2nd QTR) 1. Establish work schedules, describe scope of work content and necessary support resources and weekly timelines for contract workers and community volunteers, this will be ongoing effort. 2. Identify and develop long term relationships with neighbors, community and personnel in various educational, cultural, social service agencies. 3. Determine feasibility of commercially productive supporting enterprises, including: eco-tourism and marketing of agricultural produce Phase III: Project Land Management/Development Activities (Mid 2nd QTR-4th QTR) 1. Conduct Outdoor Informational Sessions (minimum once a week) for purpose of developing cultural knowledge and appreciation for the natural environment through the understanding of our cultural pathways. 2. Cultivation of native food, medicinal and utilitarian plantings beginning with existing natives. 3. Restoration/Conservation-Clearing and Removal of Invasive exotic and invasive species of plants, stockpile in kipuka piles for compost/mulch 4. Begin restoration of Alanui Foot-Path/Trail. 5. Establish a sustainable maintenance plan for land preservation, land conservation, land restoration needs. Phase IV: Assess and Evaluate Future Restoration and Maintenance Efforts (4th QTR) 1. Submit to all potential funding sources, a Proposal for Long Term Extension of these service 2. Conduct discussions/negotiations as requested by stakeholders 3. Submit "final report" to funding sources and key community stakeholders. DEPARTMENT OF PARKS &RECREATION Page 4 III. PERMITS/APPROVALS REQUIRED A. Environmental Assessments (EA's): Currently in process with State of Hawaii State Historic Preservation Department B. Special Management Area (SMA) Permit: Need clarifications from the county of pending permits that may be required C. Other: DEPARTMENT OF PARKS & RECREATION Page 5 IV. PROJECT BUDGET BUDGET DETAILS 1 R 'Dail APPLICANT OTHER AMOUNT B, DEETSHARE RESOURCES REQUESTED TOTAL Project Personnel Cost 56,588 65,000 0 $121,588 $ Supplies for 3,000 Multipurpose Hut $3,000 16'x24' (include Portable Toilet) Plants seedlings (Native 1,500 Food & Medicinal $1,500 Plants) Power Tools-Chain saw; 5,000 oil mix; guide bar; o'o $5,000 digger,hand tools etc. $ $ $ $ $ $ $ Total $ $ $ $131,088 DEPARTMENT OF PARKS &RECREATION Page 6 V. APPLICANT INFORMATION A. Brief history of the applicant organization. Include the date of incorporation as a non-profit organization (use attachments where appropriate): Beginning in 2009 until 2013, `Uhane Pohaku Na Moku 0 Hawai`i, Inc. has partnered with several community groups and received granted access to Maunalei Valley through a memorandum of understanding with the landowner (Castle & Cooke) to steward this valley that was once home to the only perennial stream on the island that supplied all the important taro of the Hawaiian diet. This valley is also fronted by a barrier reef and provides access to important fisheries. The overarching goal of our efforts was the restoration of Maunalei Valley while providing intergenerational training for youth and adult community members, an understanding for cultural values and developing skills for lo`i (wetland taro patch) restoration, taro farming methods, fishery integration, aquaculture nursery methods, water quality assessment and management, and perpetuating cultural traditions through traditional land management. The intended result of these combined efforts has been to inspire youth, families and community (many if not exclusively those "at risk") to acquire through their own efforts, an ever-expanding appreciation of their own productive capabilities, and in so doing to rise above past disappointment and failure to tread paths leading to positive self-development and future successes likely to arise there from "in due time". Projects activities have been previously conducted on all islands, sponsored by and/or contracted to such agencies and organizations as: OHA, Alu Like, Office of Youth Services, Department of Education (Public and Charter School components), Queen Liliuokalani Children's Center, Na Pua Noeau, Castle and Cooke/Lanai Company and Western Pacific Regional Fishery Management Council to name a few. In addition to the physical restoration and re-construction, landscape and agricultural work that requires/allows all participants to work together forms the foundation of our "kukulu kumuhana" approach on every project, such participation included project specific services such as: archival cultural documentation, ethnographic interviews on the significance of various resources, organizing among the curators and community organizations who malama these sites, the traditional relationships through which all participate in the processes of planning, maintaining and utilizing these cultural and environmental resources to benefit current and future generations. Uhane Pohaku Na Moku 0 Hawaii, Inc. is a 501-(c-3) and incorporated March 6, 2009. DEPARTMENT OF PARKS &RECREATION Page 7 B. Main source(s) of financial support: Office of Youth Services-Cultural and Project based services for youth. Specifically related to land-based projects. Island STAR-Partnership for the past 5 years assisting with restoration and preservation efforts with rural communities. Funding is classified as sub-contractual through government and in-kind support. Community Fundraisers for ongoing cultural events. C. Please list prior projects successfully completed: 1. Lana'i Cultural Hula Festival-Annual held in October 2. Kau Coffee Festival funded in part Hawaii County 3.Kapiha'a Dry Stack Rock Wa11,1500ft./Lana'i 4. Mauanlei Stream Restoration funded by WPAC/Lana'i 5. Historic Registered Halulu Heiau Project- Removal of all invasive trees within and surrounding Heiau site. /Lana'i 6. Stewardship maintenance on the Fisherman's alanui trail/Lanai. DEPARTMENT OF PARKS & RECREATION Page 8 D. Please initial below that the applicant understands the following documents shall be required if awarded stewardship grant funds: _ky Certificate of insurance shall be required with County of Hawai'i named as additional insured. _ky Organization shall provide annual report which shall include accomplishments, financial statements including but not limited to report of grant expenditures, and status of overall project. DEPARTMENT OF PARKS &RECREATION Page 8 INTE AL REVS LSCTS SERVIt DE. TMENT OF THE , Y TREP� P. 0 2508 CINC I, 40E3 45201 UN CP 9 2009 Employer Identification Number: Date: 80-0383448 DLN: 17053131033029 UHANE POHAKtJ NA MOKU 0 HAWAII INC Contact Person: PO BOX 631464 RONALD D BELL ID# 311851 LANAI CITY, H I 96763 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: March 6, 2009 Contribution Deductibility: Yes Addendum Applies: No • Dear Applicant : We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records_ Organizations exempt under section 501(c) (3) of the Code are further classified as either puri is charities or private foundations. we determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/C?) CERTIFICATE OF VENDOR COMPLIANCE Page 1 of 2 STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the compliance status of the vendor identified below on the issue date with respect to certificates required from the Hawaii Department of Taxation (DOTAX), the Internal Revenue Service,the Hawaii Department of Labor and Industrial Relations(DLIR), and the Hawaii Department of Commerce and Consumer Affairs(DCCA). Vendor Name: UHANE POHAKU NA MOKU 0 HAWAII, INC. DB rade UHANE POHAKU NA MOKU 0 HAWAII, INC. Issue Date: 08/21/2014 Status: Compliant Hawaii Tax#: W10086087-01 FEIN/SSN#: XX-XXX3448 Ul#: No record DCCA FILE#: 225446 Status of Compliance for this Vendor on issue date: Form Department(s) Status A-6 Hawaii Department of Taxation Compliant Internal Revenue Service Compliant COGS Hawaii Department of Commerce&Consumer Affairs Exempt LIR27 Hawaii Department of Labor&Industrial Relations Compliant Status Legend: Status Description Exempt The entity is exempt from this requirement Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards compliance Pending The entity is compliant with DLIR requirement Submitted The entity has applied for the certificate but it is awaiting approval The entity is not in compliance with the requirement and should contact the issuing agency for more information https://vendors.ehawaii.gov/hee/app/view_certificate.html 8/21/2014 Quarterly Timeline and Project Work Plan Although our proposed budget submitted is projected for one month we feel that Phase Ill and Phase IV will continue well into a second year of operation. However, primary service activities in both phases will be initiated and updated reporting will show accomplishments. Year 1 Year 2 1st 2nd 3rd 4th 1st 2nd 3rd 4th Project Activity QTR QTR QTR QTR QTR QTR QTR QTR Phase I __ Phase II '4 '�O � s> Phase III �� a _ z 4 a Phase IV r x kzitat - f4 Phase I: Develop and Implement Cultural Resource Management Work Plan 1. Establish and provide ongoing quarterly monitoring and progress reporting format to all parties requiringa1 , w.pcountability f the stewardship project. �,iat.., �+-i 1 e&i (C�a<,i 2. Conduct on-going communication and infor ational meetings with and among knowledgeable and respected "kupuna" and "kahu" familiar ith the his ry and character of the areas including W�,/�i ,A,;,( ‘144/K4u dcg ' 3. Identify current users with or without authonz��ecf access including: neighboring property owners, hunters and gatherers, cultural/spiritual practitioners and others. 4. Receive from legal authorities (government, and other local entities) accurate boundary survey markers that outline the entire property and maximum limits of proposed project plan. 5. Record baseline census data for each of the two 50' by 100' grid sectors to include the following: a. Topography, soil structure and land forms like "kipuka" b. Water resources (for irrigation and domestic use) c. Agricultural/archaeological site: cultivation/habitation, by "poe kahiko" d. Plants: i. Character of Existing: invasive, exotic, endemic, Polynesian introduced/indigenous, utility/value for: food, medicinal, timber, etc., ii. Adaptability of land for new planting of potential utility and value- ongoing 1 Quarterly Timeline and Project Work Plan Phase II: Staffing and Coordination of Community Resources 1. Consult with "kupuna/kahu" council to draft various "story lines" for Ahupua'a "life skills and values" programs to be integrated into pu'uhonua work projects implemented in Phase 3 and Phase 4 ongoing operations. 2. Establish work schedules, describe scope of work content and necessary support resources and weekly timelines for contract workers and community volunteers, this will be ongoing effort. 3. Identify and develop long term relationships with neighbors, community and personnel in various educational, cultural, social service agencies, NGO's and commercial operators, whose interests and resources would be mutually benefitted by their cooperation in work projects conducted as Ahupua'a Life Skills and Values programs. 4. Establish "partnerships" that will assist with "sustainability efforts such as: a. Obtaining grants for experimental programs b. Establish links with long term program operations and funding, as necessary to complement internal funding commitments c. Determine feasibility of commercially productive supporting enterprises, including: eco-tourism and marketing of agricultural produce 5. Will continue throughout subsequent phases to cover all grid sectors. And depending on availability of resources eventually include the entire acreage. Phase III: Project Land Management/Development Activities Conduct Outdoor Informational Sessions (minimum once a week) for purpose of developing cultural knowledge and appreciation for the natural environment through the understanding of our cultural pathways. 1. Cultivation of native food, medicinal and utilitarian plantings beginning with existing natives already occurring in the initial area of grid sectors. This activity will be ongoing throughout subsequent phases to cover all grid sectors, and depending on availability of resources eventually include the entire acreage. 2. Restoration/Conservation-Clearing and Removal of Invasive vegetation ongoing effort a. Cut back and/or completely remove exotic and invasive species of plants (miconia, albizia, maile pilau, banana poka, waiwi) b. Stockpile in kipuka piles for compost/mulch 3. Restoration/Conservation-Conservation-Harvesting of trees a. Removal of dead and decaying trees including native (ohi'a, etc.) b. Stockpile for recycled timber use 4. Begin restoration of Alanui Foot-Path/Trail. a. Include 3 to 4 foot natural stone steps where trail slopes are required. b. Tail-Foot path will be lined and constructed with stone and recycled timber. 5. Identify and develop suitable "nursery areas" with dependable water resources and develop as a "grow-out" section for native plants: one "mauka" another"makai". 2 Quarterly Timeline and Project Work Plan 6. Establish a sustainable maintenance plan for land preservation, land conservation, land restoration needs. Phase IV: Assess and Evaluate Future Restoration and Maintenance Efforts 1. At beginning of 10th month, submit to all potential funding sources, a Proposal for Long Term Extension of these service to include: a. "Pre-final" report assessing progress in accordance with approved "criteria" and "measurable" b. Details for scope, term and compensation requested 2. Conduct discussions/negotiations as requested 3. By the end of the contract period (12 months) submit "final report" to funding sources and key community stakeholders. 3 41 (tea, TM- /7 - 1 \a,�v," 1 102.-9- 4- �G 4- - , 115 2 Ow"2v- . i ; 7) / ( L� tv 01;:141' _ ./ , / , f/Y. , E\- \ kL, -- . .•.: 3 y yq!., T-- '-': 't t61 ` t'6} -' ",,, . '.,:','1 it-t-4:1_' - '- --' - ' . i. i'1(. 75 , 1 .E . 5 , st A _ - +i ,fir r / "' k - ;�ft -F - �yyx q :: 1 t d 14. E Z fi 11 hP f r--1 2014+Parcel Sales ,k- c ,< :9 L l $... 2013 Parcel Sales �`"'`� s`�-"`�-� ���`�'�"-" �_�� '"-� i 12012 Parcel Sales xx£ 0 1100 2200 3300 4400 ft Hawaii County Assessor '-'4('-' Parcel: 950160060000 Acres:81.303i Name: COUNTY OF HAWAII land Value: 32400 1' Site: Building Value: 0 . �'r r - r..— �-._ '�++►'X 1i- Hawaii .. Sale: $$3900000 on 2011-10-13 Reason=1 Qual=U ExemotValue 0 Taxable_ Value 32400 A. , 'Mail: �— *Hawaii County makes every effort to produce the most accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use or interpretation.The assessment information is from the last certified taxroll.All data is subject to change before the next certified taxroll.The'parcels'layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data. The'parcels'data layer does not contain metes and bounds described accuracy therefore,please use caution when viewiny this Data.Oveitayiny this layer with Littler dater tayeis that inay nut have used this taym as a'tiase II Lay nut pruduue pleuse results. GPS arid imagerydata will not overlay exactly. Date printed: 07/21/14: 14:42:58