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HomeMy WebLinkAboutContract 32102 STATE OF TEXAS § CiT'Y SECRETARY _- CONTRACT NO. COUNTY OF TARRANT § In consideration of the mutual covenants, promises and agreements contained herein, THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties, Texas ("City") acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and UMOJA, ("Contractor") acting by and through Mr. Luther Perry, its duly authorized representative. RECITALS WHEREAS, City has determined that programs are necessary for at-risk youth in the City during the summer months and as the new school year begins in order to prevent gang- related crime in the City; and WHEREAS, Contractor has agreed to operate summer programs for at-risk youth in the City ("UMOJA Youth Program"); and WHEREAS, Contractor has agreed to subcontract with three non-profit organizations ("Subcontractors") that will also operate summer programs for at-risk youth in the City ("Subcontractor Programs"); WHEREAS, City desires to contract with Contractor to operate the UMOJA Youth Program, and to oversee and coordinate operation of Subcontractor Programs; and WHEREAS, City, as consideration for the performance of Contractor, has appropriated monies in the City's general fund as reimbursed by the Fort Worth Crime Control and Prevention District in the amount of $80,000.00 ("Program Funds") to provide to the Contractor for the operation of the CHILL Youth Program and Subcontractor Programs; NOW, THEREFORE, in consideration of the mutual covenants herein ,expressed, the parties agree as follows: AGREEMENT 1. Responsibilities of Contractor 1.1 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" — Program Objectives, attached, and incorporated herein for all purposes incident to this Agreement. Contractor shall be responsible for day-to-day administration of the UMOJA Youth Program. Contractor agrees to expend the Program Funds in accordance with its UMOJA Youth Program Budget, described in Exhibit "E", attached. 1.2 Contractor covenants and agrees to enter into a subcontract with Men and Women of POWER ("MWP"), a 501(c)(3) non-profit organization, for the purposetglo � $20,000.00 of the Program Funds to MWP and for the purpose of securing ai performance, with good faith and due diligence, all work and services by M V I FE IN, M. Exhibit "B," attached and incorporated herein for all purposes incident to this Agreement. Contractor shall require MWP to expend the $20,000.00 it receives from Contractor in accordance with MWP's Subcontractor Program Budget, described in Exhibit "F." Contractor shall subcontract with MWP using the subcontract form attached as Exhibit"I." 1.3 Contractor covenants and agrees to enter into a subcontract with Soldiers for P.E.A.C.E. ("SFP"), a 501(c)(3) non-profit organization, for the purpose of distributing $20,000.00 of the Program Funds to SFP and for the purpose of securing and ensuring the performance, with good faith and due diligence, all work and services by SFP described in Exhibit "C," attached and incorporated herein for all purposes incident to this Agreement. Contractor shall require SFP to expend the $20,000.00 it receives from Contractor in accordance with SFP's Subcontractor Program Budget, described in Exhibit "G." Contractor shall prohibit SFP from expending Program Funds to create or establish a community patrol program other than City's Citizens on Patrol. Contractor shall subcontract with SFP using the subcontract form attached as Exhibit "I." 1.4 Contractor covenants and agrees to enter into a subcontract with Near Northside Partners Council ("Northside"), a 501(c)(3) non-profit organization, for the purpose of distributing $20,000.00 of the Program Funds to Northside and for the purpose of securing and ensuring the performance, with good faith and due diligence, all work and services by Northside described in Exhibit "D," attached and incorporated herein for all purposes incident to this Agreement. Contractor require Northside to expend the $20,000.00 it receives from Contractor in accordance with Northside's Subcontractor Programs budget, described in Exhibit "H." Contractor shall subcontract with Northside using the subcontract form attached as Exhibit"I." 1.5 Contractor shall coordinate, be solely responsible for, and have control over the work performed by Subcontractors for the Subcontractor Programs. All terms of this Agreement shall apply to any and all subcontractors of Contractor, including but not limited to Subcontractors, who are in any way paid with Program Funds or who perform any work in connection with the UMOJA Youth Program and/or the Subcontractor Programs. No subcontract entered into by Contractor with Subcontractors or with any other person or entity relieves Contractor of any responsibility or liability under this Agreement. Contractor warrants that the work performed for the UMOJA Youth Program and the Subcontractor Programs will conform to the requirements of this Agreement. 2. Prop-ram Funds 2.1 In no event shall the total distributions of Program Funds from the City made to the Contractor during the term of this Agreement exceed the total sum of $80,000.00. 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 Distribution of the Program Funds from City to Contractor shall be made on an on- request basis in advance following receipt by City from Contractor of a signed statement of anticipated expenses. Contractor shall deliver to City a final statement of its receipts and expenditures of Program Funds, including those Program Funds expended by Subcontractors. Such statement shall be signed by the Contractor or duly authorized officer of the Contractor. The final statement shall be submitted to City no later than the 10`h day following th nd-of the- term of this Agreement. 2 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 UMOJA Youth Program must be reported monthly and may be expended on the UMOJA Youth Program with written permission from the program director. Requests for payment, expenditure reports, grant programmatic reports, and budget adjustments shall be submitted to the Research and Planning Section of the Fort Worth Police Department, 350 W. Belknap, Fort Worth, Texas, 76102. 3. Term The term of this Agreement is for a period beginning on June 1, 2005, and ending on December 31, 2005. All expenditures and payments must be completed prior to March 1, 2006. 4. Program Performance 4.1 Contractor agrees to maintain full documentation supporting the fulfillment of the Program Objectives, as well as the subcontractor objectives set forth in Exhibits "B," "C," and "D" in its files. 4.2 Contractor shall submit to City a final report of programmatic activities not later than the I 01h day after the termination of this Agreement. 4.3 Contractor agrees to utilize a performance measurement methodology to document the performance of the Program Objectives and the subcontractor objectives described in Exhibits "B," "C," and "D." The performance measurement methodology shall include measurements taken at the beginning of the work performed by Contractor and Subcontractors and shall include measurements taken at the conclusion of the work performed by Contractor and Subcontractors. The performance measurement results shall be submitted to City no later than the 10th day after the end of the term of this Agreement. 5. Default and Termination 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the Fort Worth Crime Control and Prevention District. All monies distributed to Contractor hereunder shall be exclusively from monies received from the Fort Worth Crime Control and Prevention District, and not from any other monies of the City. In the event that funds from the Fort Worth Crime Control and Prevention District 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, the City Council of City fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to Contractor of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 3 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; if the City, in City's sole discretion, determines Contractor is not adequately monitoring the financial and performance activities of Subcontractors; 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. 5.5 Within thirty (30) days following the date of termination of this Agreement, Contractor shall return to City any unused portion of Program Funds distributed hereunder. 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 UMOJA Youth Program. Contractor shall maintain, replace or repair any item of equipment used in support of the UMOJA Youth Program 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 UMOJA Youth Program 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 UMOJA Youth Program. Within 10 days following the end of the calendar year 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 four (4) years following the termination of this Agreement. City or their 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 4 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 Contractor's operations will be undertaken and may be conducted either by City or an Independent Public Accountant 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. 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 or Subcontractors have 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: making final payments, disposing of UMOJA Youth Program and/or Subcontractor Program assets (including the return of all unused materials, equipment, unspent cash advances, UMOJA Youth Program and/or Subcontractor Program income balances, and accounts receivable to City), and determining the custodianship of records. 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, servant of 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 respondent 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. 9. Indemnification 5 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, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. 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 THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE 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 UMOJA Youth Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the UMOJA Youth Program 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 or Subcontractors 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 the City of Fort Worth. 12. Nondiscrimination 12.1 In accordance with the policy of the Executive Branch of the federal government, 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. 12.3 This Agreement is made and entered into with reference specifically to Chapter 17, Article III ("Discrimination"), Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with same and that no employee, employee-applicant or program participant has been discriminated against by the terms of such ordinance by either Contractor, its officers, members, agents, employees or subcontractors. 12.4 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 12.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not 11 discriminate on the basis of disability in the provision of services to the general publi lfq -IhZ Iy ++ v eI�O"I 11 F. SUN, TEX. availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Agreement. 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 and City funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of 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. 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. Miscellaneous Provisions 15.1 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. 15.2 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. 15.3 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. 15.4 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 Contract and to perform the responsibilities herein required. 8 15.5 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. 15.6 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 set out in the preamble of this Agreement or at such other address as the receiving party designates by proper notice to the sending party. 15.7 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. 15.8 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. 15.9 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 15.10 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.] 9 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this day of { i 2005. ly ATTEST: CITYOF O O TH y Joe FVni Assistant i" anager APPROVED AS TO FORM AND LEGALITY: ' _ Contract Authors ation Date �0 �" By: 6all Assistant City Attorney UMOJA z; Luther P4rry President 10 ��, W*51 A, fig. Exhibit"A" UMOJA Program Objectives Areas of Enrichment: a. Discipline and proper conduct b. Respect for authority C. Conflict resolution d. Computer/Technology literacy e. Tutoring f. Testing and Cognitive Learning g. Nutrition and Hygiene Counseling h. Girl/Boyhood training in the Rights of Passage i. Self-esteem, Self-worth, respect for others and respect for oneself Objectives: 1. To recruit and serve 60 students in the summer program 2. To improve each students behavior resulting in no suspensions or major discipline of participants in the school year 3. Enhance students computer skills by providing at least 20 hours of computer training 4. Impact the social skills of participants by providing 25 hours of course instruction. 5. Increase each students math and reading levels by 10% Exhibit "B" Men and Women of Power Program Objectives Objectives: 1. To enhance and improve academic performance, as measured in math and reading skills, of our students by 5% 2. To enrich cognitive, behavioral and social skills of each student by providing 20 hours of programming in these areas 3. Increase recruitment up to 60 students 4. Instill the value of self-respect, self-discipline and respect for authority in all of out students through at least 30 hours of mentoring and activities 5. To continuously identify and modify"best learning" practices that enrich and enhance our students' academic success. 0MC1A CITY ��CIMF FT. WINTH, YE , Exhibit"C" Soldiers for P.E.A.C.E. Purpose of Training and Objectives Purpose: 1. Instilling the principal of"Self-improvement" as the basis for community development 2. Implementing a rigorous exercise and drill routine design to instill discipline 3. Retrain individuals to take responsibility for self and community 4. To reaffirm and strengthen the family through teaching the principles that underscore the importance of quality male/female relationships based on equality, mutual respect and shared responsibility in love, life and struggle; and through loving parenthood that insists on discipline and achievement 5. Ultimately to train individuals to help protect their own communities by partnering with Code:Blue to help solve problems that plague the community and ultimately to soften the negative images that hinder collaboration between the Fort Worth Police Department and the community. More trained eyes and ears mean less crime and safer neighborhoods. This will also help more people of color to have a desire to join the teen police academy and Fort Worth Police Department. 6. Continue to enhance and strengthen relationships of previous meetings and relationships with owners, managers and tenants in perspective areas. Objectives: a. Recruit up to 70 at-risk individuals to participate in the program b. Provide 250 hours of rigorous training to individuals in the program. c. To have 65 of these recruits successfully complete the program. d. To establish communications with the Fort Worth Police Department and ensure that all officers know how to identify a member that has completed the program. e. To have 10 graduates receive Citizens on Patrol training and join the program. Exhibit "D" Near Northside Partners Council Target Population: The Latino Stars Summer Program targets fifteen (15) Northside or Diamond Hill High School at-risk youth living in the 76106 zip code area. Youth are selected for the program based on the following criteria: • Youth ages 14 to 17 years— a critical youth developmental stage of increasing peer involvement and potential gang involvement. • Youth meeting one of the following at-risk criteria: a family risk, such as a history of family violence or child abuse and neglect, a family member convicted of a crime, gang membership, or suspected drug use; a school risk, which includes not only academic problems but also behavioral problem; a personal risk, such as drug abuse, past arrest, gang membership, or teen pregnancy. Goals And Objectives: The ultimate goals and objectives of the Latino Stars Program designed to help students avoid criminal activities include: 1) Youth will gain work maturity skills and work history, through at least 10 hours of programming and by becoming gainfully employed 2) Youth will receive 10 hours training in anger management and violence prevention skills 3) Youth will develop leadership skills, 4) Youth will develop marketable computer job skills by receiving a minimum of 250 hours of training NNPC expects that 13 of 15 youth (86%) will achieve all the above performance outcomes measures. Exhibit "E" UMOJA Budget Summer Day UMOJA Camp TOTAL: $20,000 12 Field Trips To include Fort Worth Zoo, Science Museum, Dallas $4,000 Planetarium, Mrs. Bairds Bakery, Educational Conference, Six Flags, Movies. 120 T-Shirts To serve as a uniform for participants $ 500 Employees Two full-time employees to monitor all programs, recruit $6,500 volunteers, serve as chaperones and mentors and to provide instruction Direct Averages $150 per student, includes 3 meals per day, $9,000 Operating (breakfast, lunch, snack), swimming, gardening, writing Expenses lab, science lab, computer lab, etc.) . `.0 STH, TEX, Exhibit "F" Men and Women of Power Budget Freedom The Men and Women of POWER Academy TOTAL: $20,000 12 Field Trips To include Fort Worth Zoo, Science Museum, $3,000 Educational Conference, Six Flags, Movies. 120 T-Shirts To serve as a uniform for participants $ 1,200 Employees Two full-time employees to monitor all programs, recruit $6,800 volunteers, serve as chaperones and mentors and to provide instruction Direct Includes supplies, and educational materials such as $9,000 Operating "Rapademics/Science", special events, Fine Arts Expenses Counselor, Video instruction and production, etc. Exhibit"G" Soldiers for P.E.A.C.E. Budget Rites of Passage Soldiers For Peace and Respect for TOTAL: $20,000 Authority Training Rent and Utilities $1,200 Uniforms For 70 recruits $ 750 Employees Two full-time employees to oversee the program. $6,400 Rites of Passage Includes all direct operations costs including $10,500 and Respect for registration, brochures, notebooks, training materials, Authority Training "Pass Cards", and awards. Training covers Conflict Resolution, Art of Communication, Defensive Techniques, CPR Community 3 to be held in the inner-city community $1,150 Awareness Gatherings Exhibit "H" Near Northside Partners Council Budget Near Northside Partners Council,Inc. Latino Stars Summer Program Line Item Budget Case Manager 30 hrs x 8 wks x$17/hr $4,080.00 Case Aide/Peer Tutor 30 hrs x 8 wks x$ 7/hr $1,680.00 Academic Instructor 8hrs x 8 wks x$20/hr $1,280.00 Summer Jobs 15 youth x 16hrs x 5 wks x$6.00 $7,200.00 Participants will be placed at local businesses and we will pay for the work experience; they will receive job coaching and other work skills while they are employed. Project Learning Supplies computer hardware for 5 computers @$700 ea $3,500.00 includes all parts for participants to build a computer such as hard drive, motherboard, memory, sound card, serial ports, power supply,expansion card, etc Participants will work in teams to build 5 computers. Teaching Materials/Printing/Supplies book, paper,printing costs,etc $505.00 Book: Computers Simplified @$15,00 ea Participants will get copies of all lessons and keep a portfolio of their work. They will receive certificates as they accomplish each learning benchmark. Transportation Driver/Fuel approx. $10 per trip x 63 days $630.00 Contract w/local community partner or local church to cover some of the cost to safely get participants lacking transportation to site and back home. Meals 15 students x 30 days =450 meals @$2.50 ea $1,125.00 Cover some of the cost of providing one healthy meal for program participants while they are at site. Total $20,000.00 (CRY She;,E +�1,2V Exhibit"I" Sub-Contractor Agreement STATE OF TEXAS § COUNTY OF TARRANT § In consideration of the mutual covenants, promises and agreements contained herein, THIS AGREEMENT ("Agreement') is made and entered into between UMOJA, ("Contractor") acting by and through Luther Perry, its duly authorized representative, and , ("Subcontractor") acting by and through its duly authorized representative. RECITALS WHEREAS, Contractor is in receipt of funds in the amount of $20,000.00 ("Program Funds") from the City of Fort Worth to contract with Subcontractor to operate a summer program for at-risk youth in the City of Fort Worth; and WHEREAS, Subcontractor has agreed to operate a summer program for at-risk youth in the City of Fort Worth (" Youth Program"). NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Responsibilities of Subcontractor Subcontractor 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", attached, and incorporated herein for all purposes incident to this Agreement. Subcontractor shall be responsible for day-to-day administration of the Youth Program. Subcontractor agrees to expend the Program Funds in accordance with its Youth Program Budget, described in Exhibit "B," attached. 2. Program Funds 2.1 In no event shall the total distributions of Program Funds from the Contractor made to the Subcontractor during the term of this Agreement exceed the total sum of $20,000.00. Subcontractor 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 Subcontractor shall return to Contractor any unused portion of Program Funds distributed hereunder. 2.2 Distribution of the Program Funds from Contractor to Subcontractor shall be made on an on-request basis in advance following receipt by Contractor from Subcontractor of a signed statement of anticipated expenses. Subcontractor shall deliver to Contractor a final statement of its receipts and expenditures of Program Funds. Such statement shall be signed by the Subcontractor or duly authorized officer of the Subcontractor. The final statement shall be submitted to Contractor no later than the 10`h day following the end of the term of this Agreement. 2.3 Subcontractor is authorized to adjust any categories in the budget in an amount not to exceed 5% of those particular categories without prior approval of Contractor, as long as the total sum does not exceed the amount of the Program Funds; however, Subcontractor must notify Contractor, in writing of any such adjustments. Any adjustment of more than 5% of each category must have written permission from Contractor prior to any budget adjustment being made. Any program income earned directly as a result of the Youth Program must be reported monthly and may be expended on the Youth Program with written permission from the program director. Requests for payment, expenditure reports, grant programmatic reports, and budget adjustments shall be submitted to Contractor at 2701 La Salle Street, Fort Worth, Texas 76111. 3. Term The term of this Agreement is for a period beginning on June 1, 2005, and ending on December 31, 2005. All expenditures and payments must be completed prior to March 1, 2006. 4. Program Performance 4.1 Subcontractor agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit's "A" in its files. 4.2 Subcontractor shall submit to Contractor a final report of programmatic activities not later than the 10`h day after the termination of this Agreement. 4.3 Subcontractor agrees to utilize a performance measurement methodology to document the performance of the work described in Exhibits "A." The performance measurement methodology shall include measurements taken at the beginning of the work performed by Subcontractor and shall include measurements taken at the conclusion of the work performed by Subcontractor. The performance measurement results shall be submitted to Contractor no later than the 10'h day after the end of the term of this Agreement. 5. Default and Termination 5.1 This Agreement is wholly conditioned upon the actual receipt by Contractor of Program Funds from the City of Fort Worth. All monies distributed to Subcontractor hereunder shall be exclusively from monies received from the City of Fort Worth, and not from any other monies of the Contractor. In the event that funds from the City of Fort Worth are not timely received, in whole or in part, Contractor may, at its sole discretion, terminate this Agreement and Contractor shall not be liable for payment for any work or services performed by Subcontractor under or in connection with this Agreement. 5.2 This Agreement may be terminated by Contractor, in whole or in part, in event of Subcontractor default; in event of Subcontractor's inability to perform or to comply with the terms herein; or for other good cause. 5.3 Termination will be effected by delivering to Subcontractor a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon Subcontractor's receipt of notice of termination, Subcontractor 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. 5.4 Within thirty (30) days following the date of termination of this Agreement, Subcontractor shall return to Contractor any unused portion of Program Funds distributed hereunder. Contractor will have no responsibility or liability for Subcontractor'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 Contractor. Subcontractor shall maintain all equipment used in the administration and execution of the Youth Program. Subcontractor shall maintain, replace or repair any item of equipment used in support of the Youth Program 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 Youth Program and/or for use under the terms of this Agreement is the sole responsibility of Subcontractor. Subcontractor shall not use Program Funds to repair or replace said equipment. Subcontractor shall use any and all equipment purchased with Program Funds exclusively in support of the Youth Program. Within 10 days following the end of the calendar year Subcontractor shall submit to Contractor 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 Subcontractor 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 four (4) years following the termination of this Agreement. Contractor or their representatives shall have the right to investigate, examine and audit at anytime any and all such records relating to operations of Subcontractor under this Agreement. Subcontractor, its officers, members, agents, employees, and subcontractors, upon demand by Contractor, shall make such records readily available for investigation, examination, and audit. In the event of such audit by Contractor, a single audit of all Subcontractor's operations will be undertaken and may be conducted either by Contractor or an Independent Public Accountant of Contractor's choice. Subcontractor shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Subcontractor by Contractor. If questions are not resolved within this period, Contractor reserves the right to withhold further funding under this and/or future contract(s) with Subcontractor. 7.3 If as a result of any audit it is determined that Subcontractor has misused, misapplied or misappropriated all or any part of the Program Funds, Subcontractor agrees to reimburse Contractor the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against Contractor because of such misuse, misapplication or misappropriation. 7.4 Subcontractor's obligation to Contractor shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of Youth Program assets (including the return of all unused materials, equipment, unspent cash advances, Youth Program income balances, and accounts receivable to Contractor), and determining the custodianship of records. 7.5 Subcontractor covenants and agrees to fully cooperate with Contractor in monitoring the effectiveness of the services and work to be performed by Subcontractor under this Agreement, and Contractor shall have access at all reasonable hours to offices and records of the Subcontractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 8. Independent Contractor 8.1 Subcontractor shall operate hereunder as an independent contractor and not as an officer, agent, servant of employee of Contractor. Subcontractor 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 respondent superior shall not apply as between Contractor and Subcontractor, 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 Contractor and Subcontractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Subcontractor, nor any program participant hereunder is in the paid service of Contractor and that Contractor does not have the legal right to control the details of the tasks performed hereunder by Subcontractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. 8.2 Contractor shall in no way nor under any circumstances be responsible for any property belonging to Subcontractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 9. Indemnification SUBCONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CONTRACTOR 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 EXEC PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMAN I,, L7k THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SE I yG � � 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 CONTRACTOR; AND SUBCONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CONTRACTOR 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 CONTRACTOR. SUBCONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CONTRACTOR FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CONTRACTOR,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF SUBCONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CONTRACTOR. SUBCONTRACTOR AGREES TO AND SHALL RELEASE CONTRACTOR, 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 THE CONTRACTOR'S SOLE OR CONCURRENT NEGLIGENCE. SUBCONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CONTRACTOR IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 10. Non-Assignment No assignment or delegation of duties under this Agreement by Subcontractor shall be effective without Contractor's prior written approval. 11. Prohibition Against Interest 11.1 No member, officer or employee of Contractor, or its designees or agents; no member of the governing body of the locality in which the Youth Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Youth Program 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. Subcontractor 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 Subcontractor 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 Subcontractor of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of Subcontractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Subcontractor or its subcontractors, shall render this Agreement voidable by the Contractor. 12. Nondiscrimination 12.1 In accordance with the policy of the Executive Branch of the federal government, Subcontractor 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 Subcontractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Subcontractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. 12.3 This Agreement is made and entered into with reference specifically to Chapter 17, Article III ("Discrimination"), Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth, and Subcontractor hereby covenants and agrees that Subcontractor, its officers, members, agents, employees and subcontractors, have fully complied with same and that no employee, employee-applicant or program participant has been discriminated against by the terms of such ordinance by either Subcontractor, its officers, members, agents, employees or subcontractors. 12.4 Subcontractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 12.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Subcontractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms andJor conditions of employment for applicants for employment with Subcontractor, or employees of Subcontractor or any of its subcontractors. Subcontractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold Contractor harmless against any claims or allegations asserted by third parties or subcontractors against Contractor arising out of Subcontractor's and/or its subcontractors' alleged failure to comply with the above- referenced laws concerning disability discrimination in the performance of this Agreement. ON AC-10HUY fix, 13. Compliance 13.1 Subcontractor, 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 the City of Fort Worth. If Contractor calls to the attention of Subcontractor any such violation on the part of Subcontractor or any of its officers, members, agents, employees, subcontractors or program participants, then Subcontractor shall immediately desist from and correct such violation. 13.2 Subcontractor shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If Contractor calls the attention of Subcontractor to any such violations on the part of Subcontractor or any of its officers, members, agents, employees, program participants or subcontractors, then Subcontractor shall immediately desist from and correct such violation. 14. Waiver of Immunity If Subcontractor 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, Subcontractor hereby expressly waives its rights to plead defensively such immunity or exemption as against Contractor. 15. Miscellaneous Provisions 15.1 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. 15.2 Contractor'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 Contractor's right to assert or rely upon any such term or right on any future occasion. 15.3 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. 15.4 Subcontractor 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 Contract and to perform the responsibilities herein required. 15.5 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. 15.6 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 set out in the preamble of this Agreement or at such other address as the receiving party designates by proper notice to the sending party. 15.7 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. 15.8 Subcontractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Subcontractor shall notify Contractor in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Agreement. 15.9 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 15.10 The provisions and conditions of this Agreement are solely for the benefit of Contractor and Subcontractor 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.] IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this day of 2005. UMOJA By: Luther Perry President Contract Authorization Date (SUBCONTRACTOR) By: (NAME) President } FIC111-il Hcob City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/28/2005 - Ordinance No. 16500-06-2005 DATE: Tuesday, June 28, 2005 LOG NAME: 35AT RISK YOUTH REFERENCE NO.: C-20830 SUBJECT: Adopt Appropriation Ordinance Authorizing Funding and Authorize Execution of Contracts with Various Organizations for Summer At-Risk Youth Programs RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to submit to the Crime Control and Prevention District (CCPD) Board of Directors an amendment of the FY2005 CCPD budget for $120,000 to reimburse the City of Fort Worth for summer youth programs targeting youth at-risk; 2. Adopt the supplemental appropriation ordinance increasing appropriations in the General Fund by $120,000 and decreasing the unreserved, undesignated General Fund balance by the same amount; 3. Authorize the City Manager to contract with UMOJA for the C.H.I.L.L. program, as the fiscal agent representing a collaboration of entities composed of UMOJA, the Men and Women of POWER, Soldiers for Peace, the Nile Group, and the Near Northside Partnership Council programs that target youth at-risk for a contract period of June 15, 2005 through December 31, 2005, for an amount not to exceed $100,000; and 4. Authorize the City Manager to contract with Harvest Assembly of God for the HIKIDS (Helping Inner- City Kids in Danger) program that targets youth at-risk for for a contract period of June 15, 2005 through December 31, 2005, for an amount not to exceed $20,000. DISCUSSION: The City funds several programs that focus attention on youth. A review of these programs has been requested to determine the amount of funds expended and the effectiveness of the programs funded. However, because of the continuing gang problem that this city is facing, it is imperative that more funding is directed at youth especially during the summer months and as the new school year begins. On June 21, 2005, the City Council considered Council Proposal No. 254 relating to "Emergency Crime District Funding of Summer Programs Targeting Youth At-Risk" that included a program called C.H.I.L.L. to be supported by a collaboration of agencies. The City Council approved the Council Proposal directing the City Manager to evaluate the proposed programs as well as others in areas of the City needing funding for at-risk youth programs. In addition, staff was directed to return with a Mayor and Council Communication authorizing the use of General Fund dollars to support the programs immediately, awarding contracts to summer programs for at-risk youth, and authorizing the City Manager to submit a request to the CCPD board to reimburse the City of Fort Worth for these program expenses. Staff reviewed the C.H.I.L.L. (Children Helping Instill Love and Leadership) proposal as well as needs identified by the Parks and Community Services Department, a proposal submitted by the Boys and Girls Club, and the Helping Inner-City Kids in Danger (HIKIDS) program. City staff supports the funding of Logname: 35AT RISK YOUTH Paae 1 of 2 C.H.I.L.L. and the HIKIDS program as outlined in the recommendation. For the C.H.I.L.L. program, the proposed contract is with a collaboration of organizations including UMOJA, the Men and Women of POWER, Soldier for Peace, the Nile Group, and the Near Northside Partnership Council which propose programming that is targeted to identify children in danger of being recruited into gang activity by older children and or/young adults. The organizations currently operate programs in the Polytechnic, Stop Six, Southside, Woodhaven, and Near Northside areas, all areas with known gangs operating. The proposed program, C.H.I.L.L_ , focuses attention on enhancement of summer day camp programs that teach alternatives to destructive behavior. The HIKIDS program is an inner city program designed to help kids ages 10-17 to avoid gang activities and to excel in life by mentoring and teaching. It is an incentive-based program to encourage kids to be involved in their communities and to stay in school. It has been in existence since 1995. Additional funding will allow the program to expand to additional children and services. The partner agencies will conduct programming through the first quarter of school to help facilitate a smooth transition as the new school year begins. City staff has scheduled a public hearing for the CCPD Board to consider reimbursing the City for these programs on July 5, 2005. If approved, an M&C will be presented to the City Council consideration and public hearing on July 19, 2005, to appropriate CCPD funds to be transferred to the General Fund as reimbursement. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and the adoption of the supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. The unaudited, unreserved, undesignated General Fund balance after this appropriation will be $37,695,565. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bX Joe Paniagua (6140) Originating Department Head: Ralph Mendoza (48386) Additional Information Contact: Ralph Mendoza (48386) Logname: 35AT RISK YOUTH Page 2 of 2