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HomeMy WebLinkAboutContract 35998 CITY SECRETARY CONTRACT NO. AGREEMENT FOR COMMUNITY BASED PROGRAM In consideration of the mutual covenants, promises and agreements contained herein, THIS AGREEMENT ("Agreement") is made and entered into between CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and THE CULTURAL CENTER OF THE AMERICAS, a Texas non-profit corporation ("Contractor") acting by and through Ms. Helen Sides, Executive Director, its duly authorized representative. RECITALS WHEREAS, City has determined that Community Based Programs are necessary to support crime prevention in City during FY 2008 to meet one or more of the Crime Control and Prevention District ("CCPD") goals, which are (1) to increase citizen participation in the CODE BLUE program; (2) to support the adoption of a prevention focus by the police department and the community and (3) to provide a secure environment in which children can receive an education; and WHEREAS, Contractor has agreed to operate a Community Based Program for youth at the Juvenile Justice Center through an art therapy and creative arts program (ART — The Bridge to Changes in Youth in the Juvenile Justice Center), which teaches youth to resist peer pressure and dangerous situations and learn to make better choices. The program supports the adoption of a prevention focus for the police department and the community; and provides a secure environment in which children can receive an education; and WHEREAS, City desires to contract with Contractor to operate the after school ART—The Bridge to Changes in Youth; and WHEREAS, City, as consideration for the performance of Contractor, has appropriated monies in the CCPD Budget as reimbursed by the CCPD in the amount of $33,416.25 ("Program Funds") to provide to the Contractor for the operation of the ART —The Bridge to Changes in Youth; NOW, THEREFORE, in consideration of the mutual covenants herein expressed,the parties agree as follows: AGREEMENT 1. Responsibilities of Contractor Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit "A" = Progr . ____] Proposal, attached, and incorporated herein for all purposes incident to this Agreemer3�, 1�E N<JI Contractor shall be responsible for day-to-day administration of the ART—The Bridge14CIKF - �,s�zt Sr 1 Changes in Youth. Contractor agrees to expend the Program Funds in accordance with its ART—The Bridge to Changes in Youth budget, described in Exhibit "A", attached. 2. Program Funds 2.1 In no event shall the total distributions of Program Funds from City made to the Contractor during the term of this Agreement exceed the total sum of $33,416.25. Contractor shall keep all Program Funds in a specific account designated only for the Program Funds, and shall not commingle the Program Funds with any other monies. In the event this Agreement is terminated, for any reason at any time, Contractor shall return to City any unused portion of Program Funds distributed hereunder. 2.2 Payment of the Program Funds from City to Contractor shall be made on a cost- reimbursement basis following receipt by City from Contractor of a signed invoice. Contractor shall deliver to City a written detailed Program Narrative as described in Section 4.2 below with each invoice to support expenditure of Program Funds. Such narrative shall be signed by the Contractor or duly authorized officer of the Contractor. The invoice and monthly report shall be submitted to City no later than the 15th day following the end of the month. Submittal of a monthly invoice and Program Narrative is required even if services are not provided. When services are not provided during a month, a negative invoice and Program Narrative is required. 2.3 Contractor is authorized to adjust any categories in the budget in an amount not to exceed 5% of those particular categories without prior approval of City, as long as the total sum does not exceed the amount of the Program Funds; however, Contractor must notify City in writing of any such adjustments. Any adjustment of more than 5% of each category must have written permission from City prior to any budget adjustment being made. Any program income earned directly as a result of the ART — The Bridge to Changes in Youth must be reported monthly and may be expended on the ART — The Bridge to Changes in Youth with written permission from the Contract Administrator (see paragraph 13.3). Invoices for payment, Program Narrative and budget adjustments shall be submitted to the Research and Planning Unit of the Fort Worth Police Department, ATTENTION: BRADLEY FORD, 350 W. Belknap, Fort Worth, Texas, 76102. 3. Term The term of this Agreement is for a period beginning on October 1, 2007, and ending on September 30, 2008. All of Contractor's expenditures under this Agreement must be completed prior to September 30, 2008. 2 4. Program Performance 4.1 Contractor agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit "A". 4.2 Contractor agrees to provide a monthly Performance Narrative to document the performance of the work described in Exhibit "A." The Performance Narrative shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Additionally, the Project Narrative must include any successes realized in descriptive detail. The monthly Performance Narrative shall be submitted to City no later than the 15"'day after the end of each month. 5. Default and Termination 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD are not timely received, in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Agreement. 5.2 If for any reason at any time during any term of this Agreement, City Council of City fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of(i) thirty(30) days following delivery by City to Contractor of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by City Council for the purposes set forth in this Agreement. 5.3 This Agreement may be terminated by City, in whole or in part, whenever such termination is determined by City to be in the best interest of City; in event of Contractor default, inability to perform or to comply with the terms herein; or for other good cause. 5.4 Termination will be effected by delivering to Contractor a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon Contractor's receipt of notice of termination, Contractor shall: (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination; (b) Place no further order or subcontracts, except as may be necessary for completion of the work not terminated; (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination; and (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 3 5.5 In the event City suspends or terminates this Agreement for cause, and the cause for such suspension or termination is determined to be invalid, the Contractor's sole remedy shall be reinstatement of this Agreement. Contractor expressly waives any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs and attorney's fees. 5.6 Within thirty (30) days following the date of termination of this Agreement, Contractor shall return to City any property provided hereunder or as so directed by the Contract Administrator (see paragraph 13.3). City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance All equipment purchased with Program Funds must meet all eligibility requirements of City. Contractor shall maintain all equipment used in the administration and execution of the ART—The Bridge to Changes in Youth. Contractor shall maintain, replace or repair any item of equipment used in support of the ART — The Bridge to Changes in Youth and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement or repair of any equipment used in support of the ART — The Bridge to Changes in Youth and/or for use under the terms of this Agreement is the sole responsibility of Contractor. Contractor shall not use Program Funds or City funds to repair or replace said equipment. Contractor shall use any and all equipment purchased with Program Funds exclusively in support of the ART — The Bridge to Changes in Youth. Within 10 days following the purchase of equipment, Contractor shall submit to City a detailed inventory of all equipment purchased with Program Funds. The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Requirements 7.1 Contractor agrees to keep sufficient records to document its adherence to applicable local, state and federal regulations, along with documentation and records of all receipts and expenditures of Program Funds. All records shall be retained for three (3) years following the termination or completion of this Agreement. City or its representatives shall have the right to investigate, examine and audit at anytime any and all such records relating to operations of Contractor under this Agreement. Contractor, its officers, members, agents, employees, and subcontractors, upon demand by City, shall make such records readily available for investigation, examination, and audit. In the event of such audit by City, a single audit of all Contractors' operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. Contractor shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. 4 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor by City. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with Contractor. 7.3 If, as a result of any audit, it is determined that Contractor misused, misapplied or misappropriated all or any part of the Program Funds, Contractor agrees to reimburse City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse,misapplication or misappropriation. 7.4 Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: providing final Performance Narrative, making final payments, disposing of ART — The Bridge to Changes in Youth assets as appropriate and as directed by City's Contract Administrator(see paragraph 13.3.). 7.5 Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor under this Agreement, and City shall have access at all reasonable hours to offices and records of the Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 8. Independent Contractor 8.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. 8.2 City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 5 9. Indemnification 9.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this agreement and/or the operations, activities and services of the program described herein, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations, activities and services of the programs described herein, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. 9.2 Contractor agrees to and shall release City, its agents, employees, officers and legal representatives from all liability for injury, death, damage or loss to persons or property sustained in connection with or incidental to performance under this agreement, even if the injury, death, damage or loss is caused by City's sole or concurrent negligence. 9.3 Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 10. Non-Assignment No assignment or delegation of duties under this Agreement by Contractor shall be effective without City's prior written approval. 6 11. Prohibition Against Interest 11.1 No member, officer or employee of City, or its designees or agents; no member of the governing body of the locality in which the ART—The Bridge to Changes in Youth is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the ART — The Bridge to Changes in Youth during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest,in all contracts and subcontracts hereunder. 11.2 No officer, employee, member or program participant of Contractor shall have a financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors, shall render this Agreement voidable by City of Fort Worth. 12. Nondiscrimination 12.1 In accordance with the federal, state and local laws and ordinances, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement shall in connection with the employment, advancement, or discharge of employees, in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. 12.2 Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. 13. Compliance 13.1 Contractor, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. If City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, members, agents, employees, subcontractors or program participants, then Contractor shall immediately desist from and correct such violation. 13.2 Contractor shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of 7 Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 13.3 City designates Bradley Ford, Senior Planner, 817-392-4244, to act as Contract Administrator and delegates to this individual authority for Agreement administration, compliance, and monitoring. 14. Waiver of Immunity If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 15. Insurance Requirement 15.1 Contractor shall procure and shall maintain during the term of this Agreement the following insurance coverage: a. Commercial General Liability (CGL): $1,000,000 per occurrence, with a$2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. b. Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. 15.2 Contractor's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. 15.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement, except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 15.4 Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 8 16. Miscellaneous Provisions 16.1 The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 16.2 City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 16.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 16.4 Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 16.5 This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be approved by each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party. 1. CITY: Joe Paniagua,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Bradley Ford, Contract Administrator Fort Worth Police Department 350 W. Belknap Fort Worth, TX 76102 9 Denis McElroy,Assistant City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 2. CONTRACTOR: Helen Sides, Executive Director The Cultural Center of the Americas 1300 Gendy Fort Worth, TX 76107 16.7 None of the performance rendered under this Agreement shall involve, and no portion of the Program Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. 16.8 Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Agreement. 16.9 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.10 The provisions and conditions of this Agreement are solely for the benefit of City and Contractor and are not intended to create any rights, contractual or otherwise, to any other person or entity. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 10 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas,to be effective October 1, 2007. CITY OF FORT WORTH THE CULTURAL CENTER OF THE AMERICAS, a Texas Non-Profit Corporation Date: 7/ Date: Joe in agua Ms. Helen ides Assistant City anager Executive Director ATTEST: APPROVED AS T FORM AND L G LIT Assis ant City A rney J Contract Authorization M&C - Contract No C EXHIBIT A ORIGINAL The Cultural Center of the Americas (in collaboration with the Art Station, Art Therapist Center) Proposal for "ART -- The Bridge To Changes in Youth In The Juvenile Justice Center and Juvenile Justice Alternative Education Program" 2 locations - Kimbo and Lena Pope Campus To the City of Fort Worth Crime Control and Prevention District April, 13, 2007 - 2008 Grant Year 2007-2008 CRIME CONTROL AND PREVENTION DISTRICT PROPOSAL COVER SHEET AGENCY: The Cultural Center of the Americas DIRECTOR: Helen Sides,Executive Director PHONE NUMBER: 817/737-2422 ADDRESS: 1300 Gendy Fort Worth,TX 76107 CONTACT : Helen Sides EMAIL ADDRESS: helensides@sbcglobal.net PHONE NUMBER: 817/737-2422 FAX NUMBER: 817/737-2113 PROGRAM TITLE: ART—The Bridge to Changes in Youth in the Juvenile Justice Center and Juvenile Justice Alternative Educational Program FUNDS REQUESTED: $66,627.96 AGENCY STATUS: ❑ Private Nonprofit X ❑ Public Nonprofit Crime Control and Prevention District GOALS: Mark the one(s) that your project addresses ❑ To increase citizen participation in the CODE BLUE program. ❑XX To support the adoption of a prevention focus by the police department and the community. ❑ To provide a secure environment in which children can receive an education. CERTIFICATION: I certify that the information contained in this proposal fairly represents the above-named agency's operating plans and budget for the proposed program. I acknowledge that I have read and understand the requirements and provisions of the Request For Proposal and that the above-named agency will comply with all applicable rules and regulations relating to the procurement process. I certify that I am authorized to sign this proposal and to enter into and execute a contract with the City of Fort Worth to provide the services authorized. TYPED NAME: Helen Sides TITLE: Executive Director DATE: SIGNATURE._ Original signed ,,� April 11, 2007„ PROPOSAL NARRATIVE MISSION STATEMENT: To increase quality and activity of the cultural arts and education as it relates to the diversity of our ethnic backgrounds. The work we do with the fine arts programs in schools is an opportunity to encourage children,most of them from modest income families,to discover the power of the arts. It is an opportunity for the Cultural Center to serve a community by showing children what their accomplishments can be. We are the movement to bring the different levels of art to youth. Our organization encourages an alternative to giant institutions and allows the smaller multi-ethnic, multi cultural, grassroots organization the opportunity to promote up and coming artists to the community through exhibits,gallery shows and educational programs. The Cultural Center of the Americas is the organization that celebrates cultural diversity and strives to encourage children to follow their dreams and appreciate the arts. We have become the nucleus for Latino art organizations to inform and disseminate information concerning fine art projects and performances. UNIQUENESS OF PROGRAM A program such as ART as a Bridge is non-existent in this City. Art therapy has traditionally NOT been used in the schools,but has met with great success in the private sector. Programs such as this that used an arts-based model have shown an 80%college attendance rate. Arts programs for youth in detention centers have shown that students overcame behavioral problems by 75%and were 50%less likely to commit another crime. These unique changes are attributed to the fact that involvement in the arts has shown that these students grow in self-confidence. The students learn techniques of self-control. They clarify and strengthen their self-identity and learn alternative ways of settling disputes. A recent research of Critical Links: Learning in the Arts and Student Academic and Social Development outlines the following strategies to use the arts: u Arts instruction can enhance and complement basic reading instruction by helping youth unlock written language through associating letters, words and phrases with sounds ❑ Certain music instruction develops spatial skills that are fundamental to our ability to understand use mathematical ideas and concepts ❑ The young person who"acts out"can be the most successful when learning includes the arts ❑ Long-term engagement and hands-on arts experiences will help young people to engage and strengthen spatial reasoning,problem solving and creative thinking ❑ For young people who are NOT engaged,the arts can help to motivate them,can actively engage them,can demand of them disciplined and sustained attention persistence,encourages creative risk-taking and increase attendance and aspirations to learn more 1. PROBLEM ADDRESSING Children's art expressions reflect developmental,emotional and cognitive growth. Art is an effective and important method of communication Art Therapy involves helping those kids with emotional and psychological difficulties to deal with their problems. Fort Worth is very aware of youth problems of truancy,gang involvement, drugs and theft. This innovative program can change an individual and can change one's understanding of self and others. Young people of today encompass a desire to feel secure within their group. However,they define that group and often times that group can cause them to become part of the juvenile justice system. The Juvenile Detention Center is filled with teenagers with different types of behavioral problems and come from radically diverse backgrounds. The students have friends, family members, acquaintances who have died or been murdered because of gang involvement. The majority of teenage crimes happen between three in the afternoon and midnight and for these teenagers a form of positive self-expression is vital. The ARTS program works with the youth described as high-risk who are serving sentences for wrongdoing in the Juvenile Detention Center. The arts can reach the students that have not been reached by other programs and methods. Researchers found that the arts provide a reason for these youth to be engaged in a change. The arts can be that lost key that can unlock their potential to develop skills and overcome behavioral problems. Through the art therapy and creative arts a young person can resist negative peer pressure and dangerous situations and learn to make better choices. Art therapy is the therapeutic use of art making, within a professional relationship, by people who experience illness, trauma,or challenges in living, and by people who seek personal development. Through creating art and reflecting on the art products and processes„students can increase awareness of self and others, cope with symptoms,stress,and traumatic experiences;enhance cognitive abilities; and enjoy the life-affirming pleasures of art making. Because of the success of the current program at the Juvenile Justice Center,we have received a request to carry this program to the Juvenile Justice Alternative Education Center located at the Lena Pope Campus. The program at the Kimbro site is resulting in tremendous results, such as less lock-downs. Girls unit is less disruptive,friendlier toward each other. It has awakened new emotions that many of these students have never felt. However,the time to work with these students is not very long. Often times the artist and therapist are able to hold 2 or 3 sessions. At the Juvenile Justice Alternative Education Center students are required to attend every day for a minimum of three months. Giving the artists and the therapist more structured opportunity to work with these students and be able to do a better follow up on the changes made on behavior. Taken from a teacher's report: "Giving them(students) a creative outlet had help release some of that tension. The students are given a voice through art to share their thoughts,opinions and reflect on their time in the detention center. Regret is a major topic of conversation. When I begin to talk about their thoughts and feelings regarding their families,faces turn down,eyes stare at the floor and the room gets silent. I asked the students what was going on in their mind and all they could say was "regret". I talk about regret and how would we illustrate the emotion in art? What color would regret be,what would it look like? The students are puzzled and I have to switch the word so they can begin thinking about imagery and how it is used in art. This task is hard but I am fortunate that the detention center keeps us in small groups of 10 so that I can make sure that the students understand the difficult concepts that we are tackling. Many of the students have not painted since Kindergarten. I cannot describe the excitement and enthusiasm I am met with every time I go into their classroom. I look forward to seeing the students and sharing my week's experiences with them. What we are doing with these kids is important. What we are doing with these kids is so very important! Taken from the Art Therapist's Report.March 14,2007 The participants were asked to create a "Gift Mandala'to give to a person of their choice which expressed an intention of gifting that recipient with something the boys could give that was not a material thing. The boys were asked at the end of the session if they would like to share. Several made Mandalas for their Mothers. One boy talked about the intention to complete school as a gift for his Mother. Another boy acknowledged his Mother for the "gift of life"that she had given him. One boy drew a rose and talked about the gift of beauty for this Mother. One boy gifted his brother for the support he gave. It was surprising that the majority of boys talked about family members rather than girlfriends etc. The boys easily grasped the concepts of things that they had to offer that were not superficial and material. They were enthusiastic about the idea of being to give to someone that was important to them The girl group also worked very quietly, and used the intention of making a gift,but unlike the boys, 3 of the 4 girls created their mandalas for boyfriends. The remaining girl created her man"for her sister,whom she is very close to,and misses. One girl commented that she was somewhat distracted today because she thought she was to be discharged,but her court date had been postponed. ART as the Bridge will support the adoption of a prevention focus by the police department and the community. 2. The ARTS program supports crime prevention and is designed as an alternative method by using creative and sensitive approaches that address youth resistance. 3.In order to obtain an objective measure of improvement in students receiving art therapy service,we would suggest administering a standardized test at the beginning and conclusion of treatment. The most appropriate evaluation for this environment would be the Behavior Assessment System for Children (BASC-2). It has a multi-dimensional approach and is normed based on current US census populations. The self-report would assess emotions and feelings regarding family,school, social functioning, and criminality on a continuum and would provide an indication of how effective treatment has been. Additionally,a parent rating scale(if feasible to give out)would provide assessment on school and family behaviors. The assessment is also available in Spanish. 4. Currently the number of students benefiting from these services averages to about 135 per month, To date, since the program has started we have worked with approximately 462 students through art and art therapy. All students are between the ages of 12— 17 who are or have been detained in the Juvenile Justice Center on Kimbo Street in Fort Worth. These students are from all parts of the City of Fort Worth. 5. The ARTS program is the only youth crime prevention program that encompasses art and art therapist working hand in hand to identify the needs of these students. The Art Therapist works side by side with the in-house Counselor reporting all aspects of this program. The Art Therapist who is a clinical social worker and an artist cross trains the artists/muralists by teaching them in structured training sessions to identify problem areas and giving the Therapist a"heads up"of any potential issue they identify. 6. The ARTS program is currently in operation until August,2007. This grant, if awarded will allow this program to be available again for the Juvenile Justice Center at Kimbo Street and will also allow the Cultural Center of the Americas to bring this program to the Juvenile Justice Alternative Education Center at Lena Pope campus. CCPD funds are needed to extend this crime prevention program and expand it. This program has operated since October 2006. The grant awarded in 2006—2007 is currently funding this program. We are currently researching other crime prevention programs that help sustain continued programming. 7. The implementation of this program would be a very fast process. Since we are currently in progress with this program,the same teachers would be brought in and days would be coordinated to allow the two teachers to carry the program over to the JJAlternative Education Center. Schedules would be arranged for the Art Therapists to add the other site. Everything is in place and would be a continuation of our current programming. 8. Expenditures would include: a. Personnel—Category would cover artists, clericals, coordinators b. Fringe Benefits—required FICA taxes c. Supplies—Art supplies,workbooks, d. Consultants--Art Therapists--counselors e. Insurance—Board liability f. Administrative costs—accounting, offices supplies 9. If funds are awarded through CCPD, our intent would be to continue this program through county or corporate funds. LICENSING Program calls for Trained Art Therapists. One of the therapists is a degreed in Clinical social Work and the other therapist holds a degree in Marriage and Family Counsel. Both are experienced art therapists. Art therapists are professionals trained in both art and therapy. They are knowledgeable about human development,psychological theories,clinical practice, spiritual,multicultural and artistic traditions and the healing potential of art. (Please see attached resumes.) BACKGROUND SCREENING FOR PERSONS WORKING WITH CHILDREN Applicants are required to conduct background screening for any volunteer or employee who will be working with children under the proposed program. Automatic disqualification of a potential worker or volunteer is appropriate when screening indicates that the individual,as an adult,perpetrated any crime involving a child and/or a dependent adult,regardless of how long ago the incident occurred, and/or any violent crime within the past 10 years. Applicants will be responsible for conducting background screening and for maintaining appropriate records, which will be subject to review by the Police Department. The Cultural Center works hand in hand with the Fort Worth ISD to do background checks through their Security office. All artist teachers currently have approved background checks. a ? 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Of ® C f/1 C.++ N �. .�' m V C U cEtM °,L. u, uyiaEi � -0 c.N � •�Q o. m 0 �° crn� ° o �c mUE � 3�o �•Nr-fl. c6ai � v •°giv►c) p .. m!nM � u, rnc m m *� A*IL CL u°j go c� 0o c m m d cn C) ci + BOARD INFORMATION 9. Is your organization a registered non-profit? If yes, please attach documentation of non-profit status. The Cultural Center of the Americas is a recognized 50103 non-profit organization. Please see forms attached 2. How many board members does your organization have? Nine 3. How often does your board meet? Once a month 4. Who recruits board members? Both other Board Members and the Executive Director S. What portion of the board is elected annually? President, Vice President, Secretary and Treasurer 6. How long is a board term? How many consecutive terms may be served? Board Terms are three years. Three consecutive terms may be served 7. Please list the names and occupations of your board officers. Please see attached list. 8. Please attach a copy of your board by-laws. Please see attached list. 9. If any member of the board Is related to one another or an employee of the nonprofit corporation, please explain the relationship. Not applicable LEVERAGE OF FUNDS Please describe other sources of funding that have been secured for the proposed project. FUNDING SOURCE AMOUNT Cultural Center of the Americas Office Space--$4,000.00 Cultural Center of the Americas Use of computers/intemet— $2,750.00 Cultural Center of the Americas Telephone Service --$1,800.00 Accounting $2,500.00 Administrative Hours invested $3,450.00 TOTAL ESTIMATED CONTRIBUTIONS: $14,500.00 E. Contracts/Consultants ' escn tion of the Service Cost A therapists $22,600.00 1<: TOTAL ontracts/Consultants `$22,000.00 F. Other C is {tern ost per Item Quantity Cost Administrative sts $1,594.00 Board Liability $1,600.00 TOTAL Other Costs $3,194.00 BUDGET NARRATIVE Perso I $34,640.00 Fringe $2,649.96 Supplies X $4,089.00 Contracts/Consuliftts $22,000 Other $3,194.00 Total $66 527.96 SPECIFIC EXPENDITURES Our conservative budget is very concise in the personnel ne ed to maintain state ratios and the expense line for supplies takes into account the cost of proper paint an other supplies. The Supply Line will include items such as acrylic paint,pastels,tempera paints,hou aints that used for large murals,art paper,canvasses,clay for sculpting,a mat cutter that will be use mount the art pieces for two art exhibits planned. The personnel expenses are conservative hourly rates as we are non-pro Most professional artists will charge a minimum of$65.00 per hour when commissioned for a mural. art therapist consultant fees are conservative because of the financial situations of most of the students ' e Juvenile Center. Our experience with the educational budgets has trained our staff to make our s stretch. We will not hesitate in requesting donations to subsidize any expense not written into the t. No opportunity is left unused. LENGTH OF PROGRAM ART as the Bridge will run the length of the school year of actual attendance. The time riod of 40 weeks takes into account the time off for holidays, spring break,Christmas break and T testing. The time of this grant runs from October 1, 2007 through September 30, 2008. Unless fund'n is renewed for this grant,the Cultural Center will have no recourse but to terminate the program, we are not financially prepared to continue with this program. Although this grant ends September 30,2 the budget is to cover the period of October 1,2007 through June 30,2008,the school year. 11 �0.1 _.f• i BUDGET SUMMARY . r. A. Personnel $34,640.00 �k`x B. Fringe $2,649.96 C. Travel `' r D. Equipment srR E. Supplies $4 069.00 SO F. ContractaXonsultants $22,000.00 G. Other $3,149.00 OTAL—2 Sites $66 621.96 A.Personnel Name Positio Rate of Pay x#of Hours-' Cost Teacher 1 Arts Teac r 2 dysx2hrsx$45x40 wks $7,200 Site it—Teacher 2 daysx2hrsx$45x 41'wks $7,200 Clerical $151hr $4,240 Program Coord 4 dysx5 hrsx$20x40 wks $16,000 TOTAL Personnel $ 34,640 B.Fringe Benefits Name Position Description enefits Cost Social Security, Medicare $2,649.96 TOTAL Fringe Benefits $2,649.96 C.Equipment Item Cost per Item Quantity Cost TOTAL Equipment $ D.Supplies Item Cost per Item Quantity Cost Paint; brushes, canvas, various paper, clay, pastels, primer,watercolors \$4089 Mat cutter, potter's wheel,testing supplies TOTAL Supplies $4,089 PERSONNEL Teachers--From past experiences we have tried to maintain a 25:1 in the classroom. The average number of youth at the Juvenile Detention Center runs between 60 to 75 students. With this number of students 2 teachers are required and a teacher's aid to assist either teacher who has a bigger class. Program Coordinator—The coordinator will be responsible for coordinating the program, scheduling rotation of teachers,buying supplies,scheduling art exhibits,preparing invitations to send to parents to attend special event, submitting evaluation reports,maintaining working relationship with the Art Therapist and Detention Center, manage program budget, create invoices for the City of Fort Worth,report employee taxes and site visits. The coordinator will be in contact with the offices of Cultural Center on a daily basis. The coordinator will have full use of the office facilities of the Cultural Center,that being computers,telephone, fax,email,internet and storage space. Fringe Benefits—Expense of State and Federal payroll taxes. Supplies—based on past experience and the cost of art supplies,this expense will include all types of art supplies: acrylic paint,tempera paint,pastels,house paint,primer,varnish to protect mural,mat board,nails, hanging supplies,canvas, watercolors,paper,clay for sculpting,testing supplies. Contracts/Consultants --the art therapists will be treated as consultants and not employees. There are experienced,professionals that offer a variety of services and will come in and work with the youth in the program. Please see attached resumes Other Costs—. Administrative costs are included in this category. The Art Station The Art Station is a non-profit organization offering individual and group art therapy to the community founded in 2003. Currently, The Art Station employed three full-time therapists: Jane Avila,LCSW,ATR Art Station Founder Jane Avila is a licensed clinical social worker with over 15 years of experience helping children and adults in a variety of mental health settings. She received her social work degree from the University of Texas at Arlington and her art therapy training from the Art Therapy Institute in Dallas. Prior to opening the Art Station Jane worked for S years as a child and family therapist at Cook Children's Medical Center. She has served on the boards of the Tarrant County Mental Health Association, All Church Home for Children, Youth for Tomorrow,and the Depression Connection Team. Heidi Tournoux-Ranshaw,LPC4ntern Professional Art Therapist Art therapist Heidi Tournoux-Hanshaw is a graduate of Antioch University in Seattle where she earned masters degrees in both child, couple and family therapy,and art therapy and is working under supervision toward licensure. She received her undergraduate training in Art and Psychology from Central Washington University. In the past, she worked with children in child development and Montessori school settings as well as conducted art therapy support groups for teens receiving treatment for substance abuse. She is an active member of the North Texas Art Therapy Association and serves as its Secretary. Jennifer Johnson,LPC LMFT Executive Director Jennifer Johnson received her masters degree in Psychology with a specialization in Marriage and Family Therapy from Our Lady of the Lake University in San Antonio and is a licensed supervisor. She is also a graduate of Texas Christian University and has worked over the past 7 years with adults in a day hospital setting,adolescents in therapeutic group homes,and teens with severe emotional diagnoses. Most recently she spent the past 3 years directing a non-profit therapy program for adolescents with substance abuse issues. CAMERON THOMPSON The art teachers that plan to be a part of this program come with the experience of working with the at risk students. Graffiti on buildings has been converted to "Street Art"on canvas. The teacher has eight years of experience in working with street art in Spain, Ireland and the U.S. He is dedicated in taking the energy of the students and using the creative methods into producing similar art works as the Graffiti and exhibiting the art on canvass. MANUEL PULIDO Teacher II brings not only his talent as an artist but also his work through church groups in outreach projects to youth who have already committed some type of crime. He is a patient young man who mentors and respects each individual. He has the ability to bring students together as team for a particular project. His belief is that there is no bad kid,just a misguided one, The Cultural Center of the Americas has maintained a strong partnership with the Fort Worth Independent School District in the Fort Worth After School Program and 2 1"Century Community Learning Centers for more than five years. Cultural Center of the Americas Board Members 2007 Jesse Herrera, President Owner Herrera's Barber Shop 707 W. Drew Fort Worth, Tx 76110 817-922-0009 817-927-8826 fax John Singleton, Vice President Director, International Department Texas Christian University Box 297900 Fort Worth, Tx 76129 j.singleton@tcu.edu Art Vidaurri, Secretary Agent-- Brad Brown Insurance 4304 Arrowwood Fort Worth, Tx 76115 682-432-0026 Dr. Cecilia Silva Treasurer Director of Bilingual Education Texas Christian University - School of Education Box 297900 Fort Worth, Tx 76129 817-257-6769 817-257-7701 fax c.silva@tcu.edu Mark Kennedy, Attorney at Law— Legal Advisor 5305 Jacksboro Hwy Fort Worth, Tx 76114 817-740-9796 office 817-456-1051 cell driscol—I 969@hotmail.com Andy Gamboa, Owner/Agent Farmer's Insurance 6410 Southwest Blvd., Ste. 117 Fort Worth, Tx 76109 817-731-0278 office 817-731-0781 fax 817-228-1238 cell DC1188@SWBELL .NET Anna Burns Owner Panther Engineers 814 W. Terrell Fort Worth, Tx 76104 817-924-0796 office 817-922-7688 cell Ms. Barbara Rosales Marketing Miller Brewing 7001 South Frwy. Fort Worth, TX 76134 817/551-3300 Mr. Jaime G. Gonzalez Manager-- Government & Public Affairs PacifiCare 5001 LBJ Freeway, Ste 600 Dallas, TX 75244-6130 Mr. John Gonzales Instructional Techology Nolan Catholic High School INTERNAL REVENUE SERVICE DEPARTMENT OF THE :REAS IR.71 P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Cate: 7;-2844253 - vIAA DLN: 31001570'. CENT_RO CULTURAL DE LAS AMERICAS Contact Person: DONALD G HERRING " iD# 31171 Centro Cultural de las Americas Contact Telephone Number: Fort Worth Arts Center (877) 829-5500 1300 Gendy Street Accounting Period Ending: Fort Worth,TX 76107 December 31 Foundation Status Classification: 509(a) (1) -- - - Advance Ruling Period Beqins: February 24, 2000 Advance Ruling Period Ends: December 31, 2004 Addendum Applies: No Dear Applicant: Based on information you supplied, and assuming your operations will be .as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501 (a) of the Internal Revenue Code as an organization described in section 501(c) (3) . Because you are a newly created. organization, we 'are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined.that yoti can reasonably expect to be a publicly supported organization described in sections 509(a) (1).._.and 17.0_(b.) (1)..(A)_.(vi) __- Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above-.'--' Within 90 days after the end of your advance ruling period, you must send us the information needed to determine ::hethei you have met the require- ments of the applicable support test during the advance ruling period. If ydu- establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period-, we'-will -- classify you as a private foundation for future periods. Also;_ if--we- classify- you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that yt-u are not'--a private foundation until 90 days after the end of your advance-ruling period.-- - If you send us the required information within the 90 days, grantors and contributors may continue to rely on. the advance determination until we make a final determination of your foundation status. -- - - - If we publish a`notice in the Internal Re-venue Bulletin stating that we Letter 1045 (DO/CG) i -2- CENTRO CULTURAL DE LAS AMER_CAS will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported organi- - -- zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination as of the date he or she acquired such knowledge. If you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address. As of January 1, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act -on amounts 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 (FUTA) . Organizations that are not private foundations are not subject to the pri- vate .foundation excise taxes -under Chapter 42 of the .Internal Revenue code. Howevef, you are not automatically exempt from other federal excise taxes. If you have any questions about excise-, employment, or other federal taxes, please let us know: Donors may deduct contributions to you as provided in section 170 of the ' Internal Revenue 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. Donors may deduct contributions to you only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar,payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when-._taxpayers_..may.deduct payments ._for admission to, or other participation-in, fundraising activities for charity. You are not required,to file Form 990, Return of- Organization Exempt From Income Tax, if your gross receipts each year are normally $25,0001 -or1ess.. -- If you receive a Form 990 package in the mail, simply attach the-label provided, check the box in the-heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. Because you will be treated as a public charity for return filing purposes during your entire 'advance ruling'' period, you should file Form 990 for each year in your advance Yuli-ng:period that you exceed the $25,000 filing threshold even if your sources of support do not satisfy the public support test specified in the heading of this--letter. Letter 1045 (DO/CG) 3- CENTRO CULTURAL OE LAS AMERICAS 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 $20 a dayis charged when a return is filed late, unless there is reasonable causb for the delay. However, the maximum penalty charged cannot exceed $10, 000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000. in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1, 000,00u shail not exceed $50,000. This penalty may also be charged if a return is not complete. So, please be sure your return is complete before you file it. _ You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption app"licat, on--- any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any- individual upon written or in person request without charge other than reasonable fees for--copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, _ Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. You need an employer identification_ nu=ber ever, if you have no employees. if an employer identification number was not entered on your application, we will assign a number to you and advise you of it. Please use that number on-----.- all returns you file and in all correspondence with the Internal kevenue - - Service. This determination is based on evidence that your funds are dedicated to---the purposes listed in section 501(c) (3) of the Code.. -To assure your continued exemption, you should keep records to show that funds are spent only for those purposes. If you distribute funds to other organizations, your records should show whether they are exempt under section 501(c) (3) . In cases where the recipient organization is not exempt under section 501(c) (3) , you must have - evidence that the funds will remain dedicated to the required purposes and that the recipient will use the funds for those purposes. If you distribute funds to individuals, you should keep case histories showing the recipients, names,-. addresses, purposes of awards, manner of selec- Letter 1045 (DO/CG) -4- CENTRO CULTURAL DE LAS AMERICAS tion, and relationship (if any) to members, officers, trustees or donors of funds to ;•ou, so that •;ou can substantiate upon request by the Internal Revenue Service any and all distributions you made to individuals. (Revenue Ruling 56-304, C.H. 1956-2, page 306. ) If we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Steven. T. bCiITdZ' Steven T. Miller Director, Exempt Organizations Enclosure(s) : Form 872--C Letter 1045 (DO/CG) SAMISH BY -LAWS Revised February 28,2005 ARTICLE I- CENTRO CULTURAL DE LAS AMERICAS (CULTURAL CENTER OF THE AMERICAS) - NAME. The name of the corporation is CENTRO CULTURAL DE LAS AMERICAS ARTICLE II-Mission Mission To increase quality and activity of the cultural arts and education as it relates to the diversity in our ethnic backgrounds. ARTICLE III -Membership The members of the Corporation shall be those individuals serving as Directors of the Corporation and such other persons elected as members by the Directors. An individual who ceases to be Director shall cease to be a member unless elected as a member. Article IV-Purpose i The Corporation is organized and shall be operated exclusively for charitable purposes of conducting and supporting activities to increase the quality and activity of the cultural arts and _education as it relates to the diversity of our ethnic background. Montlily Meeting A montlily meeting of the Corporation shall be held begiiuung,in March of each year at a time and place to be designated by the Board of Directors, for the election of Directors and officers, and for the transaction of other business that may be specified in the notice for the meeting- Notice of Meeting Written_notice of the time and place of the monthly meeting of members shall be delivered in person,or by electronic mail to each member at least ten(10) days, and not more than forty-five (45) days prior to the date of the meeting.Notice shall be provided by the current Secretary of the Board,or by that person's designee. Notice may be waived by a member before,at or after an annual meeting. 1 Created on 9/30/99 Revised 3103/05 Special Meeting A special meeting of the members may be called by the President or by a majority vote of the Board of Directors.A special meeting shall be called if at least five percent(5%)of the members sign and submit to the Secretary a petition requesting a special meeting and stating the items to be to be discussed. Written notice of the time,place and purpose of a special meeting of members shall be delivered in person, by mail, or by electronic mail to each member at least two (') clays, and not more than forty-five(45)days prior to the date of the meeting. Only the business specified in the notice may be conducted at a special meeting of members. Notice may be waived by a member before, at or after a special meeting of members. Quorum and Voting A majority of the members attending in person shall consitute a quorum for the transaction of business at an annual or special meeting of members. Each member shall have one(1) vote. Article VI-Board of Directors General Power The affairs of the Corporation shall be managed by a Board of Directors: - Number and Term There shall be nine Directors. The terms of each initial Director shall be set forth in the Articles of._ _. . Incorporation. Each subsequent Director elected shall be elected for a term of two (2)years. A newly elected Director shall assume his or her position at the meeting where elected and shall serve until his or her successor is elected and qualified. As used in these Bylaws;`dear"---shall -- - - — mean the period from March through February of each year. If a Director is elected at a special meeting, it shall mean the period from such special meeting until the next annual meeting. Regular Meetings Regular meetings of the Board of Directors shall be held at a time and place designated-by-board - - resolution. Written notice of regular Board meetings shall be delivered by mail,-m person; or by electronic mail at least ten (10) days before a regular meeting.Notice may be waived.-by-a - -: - Director before,at or after a regular meeting. 2 Created on W30/99 Revised 3/03/05 Special Meetings Special meetings of the Board may be called by the Chairperson, or by any three(3)Directors and shall be held at such times and places and for such purposes as may be specified in such call. Written notice of regular Board meetings shall be delivered by mail, in person, or electronic mail at least two(2)days before a regular meeting. Notice may be waived by a Director before, at or after a regular meeting. uorum A quorum shall consist of a majority of the Directors serving at the time. Election of Directors Directors shall be elected by the majority vote of the members of the Corporation present at the annual meeting of members or at a special meeting of members called for election of Directors. Action by Board The action of a majority of the Directors at a meeting at which a quorum is present shall be the action of the Board. Directors who do not vote in favor of an action may have their objections recorded in the minutes. Vacancies Any vacancies occurring on the Board shall be filled by a majority vote of the members at an annual meeting or-at a special meeting of members called for the purpose of electing Directors.A Director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. Compensation No Director shall receive compensation for serving as a Director or officer of the Corporation. However,this shall not pf6hiibit ieiml ursement for reasonable and necessary expenses incurred in attending to authorized duties,provided that such expenses are evidenced by receipt or other proper document.Notwithstanding the foregoing,the Board of Directors shall have authority-to hire staff as needed and pay said employees reasonable compensation in the Board's discretion -and within the-financial means of the Corporation.Directors and officers of the Corporation (shall not)be eligible for employment as staffpersons. No Director shall vote on any matter concerning his or her own employment.by the Corporation. Removal Directors may be removed ifthey violate the Bylaws or Articles of Incorporation or fail to perform their duties including,but not limited to,attendance at meetings of the Board meetings - and functions,or fail to take an active role, or if they commit any act considered by the members harmful to the Corporation.If a written petition for the removal of a Director-is signed by at least two-third(2/3)of the members and filed with the Secretary,the President shall call a special, meeting of members to vote on the removal of such Director. A two-third(2/3)vote of the.entire --- membership is necessary for removal of a Director. If the petition is filed for the removal of the 3 Created on 9/30199 Revised 3103105 ^ Director serving as President,a special meeting of the members shall be called by the officer authorized to assume the duties of President in the absence of the President. Conflict of Interest A Director having a conflict of interest or conflict of responsibility on any matter involving the Corporation and any other business or person shall refrain from voting on such matter.No Director or officer shall engage directly or indirectly in a transaction with the Corporation unless'. . such transaction has been authorized and permitted under conflict of interest regulations applicable to any programs which apply to such transaction. Duties and Responsibilities The Board of Directors shall; 1. Be responsible for the business of the Corporation,maintaining it under_ the policies_as set forth by the Bylaws of the Corporation. 2. Develop funding sources,obtain finances,determi ie the financial plari�develop an annual budget and authorize and receive an annual audit. 3. Represent the Centro Cultural de]as Americas in the community and develop-informed-- -- - -- - interest and support. 4. Engage.in longterm planning to meet the needs of the.Corporation 5. Employ and give directives to the Executive Director upon the recommendation of the Executive Committee of the Board of Directors. - - 6. Elect the Officers of the Board upon the recommendation of the Nominations Committee. Article VH-Officers '..:.. Officers The officers of the Corporation shall be a President, Vice-President, SecretaM-and-a-Treasurer.- --- Only Directors shall be eligible to be elected as officers. Election and Term of Office The officers of the Corporation shall be elected by the members for two (2) year terms at a special- - meeting of members called for the election of officers. Officers shall assume their office upon their election. Each officer shall hold office until his or her successor is elected and qualified. Removal Any officer may be removed by the members by the same procedure and for the same reasons as the removal of a Director. 4 Created on 9/30/99 Revised 3103105 Vacancies A vacancy in any office because of death,resignation,removal,disqualification or other cause shall be filled at a quarterly meeting or at a special meeting of members called by-the President-for the purpose of filling the vacancy. President The President shall be the Chief Executive Officer of the Corporation and he or she,along with the Treasurer or the person specifically authorized by the Board,may sign all contracts,or other instruments which the Board has authorized to be executed. The President shall appoint chairpersons of all committees.He or she shall also preside over all meetings of the Corporation and Board of Directors. He or she shall also perform such other duties as may be assigned from time to time by the Board of Directors Vice President In the absence of the President or when it has been determined by the Board that the President can no longer perform the duties of the office,the Vice President shall assume the duties of the _Presi ent an ,wen-so acting,shall have all the powers of and be subject to all the restrictions of the President. At Board meetings and meetings of members,the Vice President shall act as the parliamentarian of the Corporation. The Vice president shall also perform such other duties as may be-assigned from time to time by the Board of Directors or-by the President. - Secretary The Secretary shall record all actions taken by the Board and keep-records ofall official_ documents, including contracts,resolutions,meeting minutes,membership ledgers,and other matters constituting the business records of the Corporation;read the minutes of the previous -meetings when called upon to do so;and prior to any meeting,present the presiding officer with all unfinished business. Treasurer The treasurer shall have general charge and custody of and be responsible-for all fiends and -securities of-the Corporation,receive and give receipts for money due and payable to the Corporation-from any source whatsoever, and deposit all such moneys in the name of the Corporation in such-banks,trust companies or other depositories as shall be selected-in accordance with the provisions of these Bylaws;keep accurate records and give itemized reports at regular meetings and upon demand;submit an annual budget for approval by the Board;and, in general,perform all duties incidental to the office of the Treasurer and such other duties as may be assigned from time to time by the Board. Article VH Committees Authority to Create The Board of Directors may establish standing and special committees.Individuals who are not Directors may serve on these committees. The Board may not delegate its decision-making authority to a committee unless the entire committee consists of Directors. = - 5 Created on 9/30/99 Revised 3/03/05 Composition and Terms All committees shall appoint a chairperson from among the committee members. Each member of the committee shall receive a one(1)year appointment unless the committee is earlier dissolved by the Board.Nothing in the Bylaws shall prohibit the appointment of individuals who are not Directors to serve on any standing or special committee. Quorum and other Rules A quorum for any committee shall be a majority of the members of the committee. Each committee may adopt other-rules for its operations which are not inconsistent with the Bylaws. Minutes of a committee meeting shall be prepared and filed-with the President and Secretary within(1)week of the committee meeting. Standing Committees The following are standing committees:Finance,Program Planning,and Fundraising. Article IX-Amendment of Bylaws These Bylaws may be amended by the affirmative vote of two-third(2/3)of the Directors then serving at a meeting at which a quorum is present,provided that the notice for the meeting includes the proposed amendment or a summary of the proposed change. 6 Created on 9/30/99 Revised 3/03/05 SANDRA M.HOUSTON 1800 Woodhal.Way Fort Worth,Texas 76134 817-293-6005 smhouston@sbcglobal.net EDUCATION University of North Texas,Denton,Texas (August 1993—December 1997) Degree: Bacheloz of Arts and Science Major: Communication Minor: Spanish Instituto Tecnologico Y De Estudios Superiores De Monterrey(ITESM) - Monterrey,Nuevo Leon,Mexico June 1995—August 1995. -- -Student exchange program through UNT Foreign Language Dept. - EXPERIENCE ---- The Cultural Center of the Americas,Fort Worth,Texas 21-s`CentuMGranrt-Site Coordinatorat-J.P:Elder-Middle School - ; Create-acadeiriic and enrichment programmingto engage middles school students- ---- -- --- • Hire and Manage staff of 26 tmchera,consultants and campusmnnitors • Maintain working relationship with school's Principal • Community Liaison-for-Fort Worth ISD AdultEducaden Program • Market program to students,parents and community • Help organize the Latina Women's Recognition Award Banquet for the last five years - :-Help organize Dia de los Muertos celebration for the community - - —- • Serve on---the Golf Tournament committee for the past three years 2ls'Century►Grant Site Coordinator at Meacham Middle School June 2002-May 2004 Created a successful program where two site coordinator had failed - •-Crea�e_d a positive safe environment with students at risk fb -gangs - — - - - • Worked with school councilor to address students'needs - • Created positive relationships with at risk students COAUM[UNITY SERVICE Sister to Sister Summit 2003 &2004 • Collaborate with American Association of University Women and Ab9oluteXi ellence tn--_- host a seminar for 60'grade and 7 h grade girls - Fort Worth Junior Chamber of Commerce(Jaycees) - - • Co-chaired Youth Salute Scholarship Program • Serve on the Board of the Jaycees 2004-2005 - - Association of Latino Arts&Culture(ALAC) •Help form new organization to promote area artists Manuel Pulido H Artist/Sculptor 5100 Gibson Court Granbury,TX 76046 As a self-taught artist,my belief is that art should retract from the.commercialize direction it has taken,back to a fundamental expression of one's beliefs,spirit,emotions or life's story. In obtaining my Associates of Arts in Advertising,I was inspired to sway from Computer Art and put forth my effort in learning a variety of art mediums. I am a sculptor,painter,air brush artist and I also do work in watercolor,charcoal,pastels,.etc. In my career as an-artist I have served on the Board of-Directors to several Associations which include: Artistas de las Americas;Latin Arts Association;Working Artist Network;and Heritage Art Studios.In the following you will find a list of some exhibitions,galleries and colleges that I participated in.... Exhibits: - 1 s`Annual Ethiuc M Exhibit--- -- --TCU,Fort Worth,TX USDA Hispanic Heritage Exhibit USDA,Fort Worth,TX SWBell Hispanic Heritage Exhibit SWBELL,Fort Worth,TX Fort Worth-Science Museum Exhibit - -FWSM,-Fort Worth;TX -- - Hispanic Heritage Exhibit City Hall,Fort Worth,TX Hispanic Festival Art-Exhibit Meyerson Symphony Center,Dallas,TX BradyCar_Show_.-- _-_.._ _ -- .-Brady, _-- Artistas de las Americas 2'd Exhibit Ft Worth Central Library,Fort Worth,TX Saginaw BalloonFest Saginaw,TX Main St.-ArtFest---- -- - - -- -Main Street,Fort Worth,-T-X- ---. . -- -- Handley FallFest Handley,Fort Worth,TX Fiesta Fort Worth Houston Street,Fort Worth,TX Arti.stas de las Americas 1 Exhibit -�nfernational-Bldg FFort Worth,--TX- --- - — -- I'Bass Performance Hall Art Exhibit .. -Bass Performance Hall,Fort Worth,TX- Will Roger Art Exhibit -Will Roger Coliseum,Fort Worth;TX - 100 Inc.Dallas ArtFest Dallas;--TX- - - - - - -- Aztec Gallery -Aztec-Gallery,Dallas,.TX-.-- Cortez Art Gallery Cortez Art Gallery,San Antonio,TX Hispanic Art Gallery San Marcos,TX 70'Street Art Gallery 7`h Street,Fort Worth,TX Mayfest Trinity Park,Fort Worth,TX Fort Worth Stock Show Fort Worth,TX Icehouse Gallery Icehouse Gallery,Dallas,TX Baylor Art Exhibit Baylor,Waco,TX Art Exhibition TCC,Fort Worth,TX TSTC Art Expo TSTC,Waco,TX SMU Art Show SMU,Dallas,TX North Texas JazzFest North Texas University,Denton,TX Centro Cultural de las Americas Revised Budget—Total Grant= $33,416.25 Budget Detail Worksheet A. Personnel Position Description % on Project Total Artist Artist/Muralist 34% $9720 Coordinator Program/Budget Manager 25% $13,500 Sub-Total $23,220 B. Fringe Benefits Position Description Total Social Security, Medicare $1776.25 Subtotal: $1776.25 C. Travel Purpose of Travel Location Item Computation Cost Subtotal: D. Equipment Unit Price/ Item Description Number Total Sub-Total E. Supplies Unit Price/ Item Description Number Total Paints, canvass, brushes Art Supplies $1320 Sub-Total $1320 G. Consultants and Contractor Services Unit Price/ Item Description Number Total Art Therapist Psychological therapy $150/session $5400 Sub-Total $5400 1 of 2 Budget Summary Budget Category Amount A. Personnel $23,220 B. Fringe $1776.25 C. Travel D. Equipment E. Supplies $1,320 F. Construction G. Consultants and Contractor Services $5,400 H. Other Costs -- Liability $1,700 I. Indirect costs TOTAL PROJECT COSTS $33,416.25 Federal Request: Non-Federal Amount: $0.00 2 of 2 SUSTAINABILITY OF THE ART THERAPY PROGRAM AT THE JUVENILE DETENTION CENTER The Art Therapy program at the Juvenile Justice Center has proven to be very successful in the terms of assisting these students with their anger management. Both the muralists and the art therapist have reached into new areas of assisting the students by teaching them of their options. Most of the students come from low income, drug infested and alcohol abusive families. These students feel their lives were set and this the only way to live. The Crime Control and Prevention grant has helped open doors of opportunity to believe in the therapeutic methods of the arts and the art therapist. Discussions have already begun with the directors at the Juvenile Justice Center in the search for new funds. Other government grants through the Justice Department, the County Commissioner's office and foundations will be aggressively sought after in order to assure the kids of this City that there is a choice. As a non-profit organization, we have the experience of research and fund raising for the programs that our organization supplies to the community. Plans are in force for the following fundraisers: December, 2007 Sabor Latino April, 2008 Charity Golf Tournament February, 2008 Arts Council Grant for Programs October, 2007 — July 2008 Various grants written The City of Fort Worth, its City Council and its law enforcers believe in this program. Their assistance will certainly be invited in relation to funding sources on which they have information. 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 10I9I2007 DATE: Tuesday, October 09, 2007 LOG NAME: 35CCPDFY2008 REFERENCE NO.: C-22444 SUBJECT: Authorize the City Manager to Execute Contracts with Community-Based Organizations that Meet and Support One or More Goals of the Crime Control and Prevention District RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute contracts with the following nine community-based organizations to conduct programs in support of the Crime Control and Prevention District (CCPD) goals: 1. The Women's Center of Tarrant County - Sexual Abuse Education (Adults and Children) - $19,386.00 2. Artes de la Rosa - Teatro de la Rosa Outreach - $18,700.00 3. Fort Worth County Day School - Summerbridge Program - $24,000.00 4. Camp Fire USA First Texas Council - Diamond Hill Station - $12,152.50 5. UMOJA - Behavior Modification Program - $14,400.00 6. Alliance for Children — Child Abuse Prevention through Prosecution - $47,656.25 7. A-Prep Center of Tarrant County —A-Prep Youth Initiative Program - $15,589.00 8. HIKIDS - Helping Inner City Kids in Danger- $14,700.00 9. The Cultural Center of the Americas -ART As The Bridge To Changes in Youth - $33,416.25. DISCUSSION: The Crime Control and Prevention District (CCPD) Board included funds totaling $200,000 in its FY2007-08 budget for community-based crime prevention programs in response to requests made during the Phase III renewal of the CCPD. Community programs were solicited through a Request for Proposals (RFP) issued March 12, 2007. Twenty-one requests for funding were received, totaling more than $855,000. The CCPD Board reviewed the proposals and held a work session to prioritize the applications at its July 26, 2007 meeting. The Board voted to fund nine of the proposing agencies as indicated above for a total of $200,000. The term of each contract shall be October 1, 2007 - September 30, 2008. A short synopsis of each of the programs is attached. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the FY2007 Crime Control and Prevention District budget for the execution of the contracts. Logname: 35CCPDFY2008 Pave I of'? TO Fund/Account/Centers FROM Fund/Account/Centers GR79 539120 0359504 $200,000.00 Submitted for City Manager's Office by Joe Paniagua (6575) Originating Department Head: Ralph Mendoza (4211) Additional Information Contact: Bradley Ford (4244) Sasha Kane (4243) Loaname: 35CCPDFY2008 Page 2 of 2