Loading...
HomeMy WebLinkAboutContract 35995 Ci T Y 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 ARTES DE LA ROSA (formerly Latin Arts Association of Fort Worth), a Texas non- profit corporation ("Contractor") acting by and through Ms. Cathy Hernandez, 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 to help children engage their minds and imagination in the fine arts "Teatro de la Rosa Outreach Program" to increase citizen participation by involving youths in an after school fine arts program, to support the adoption of a prevention focus by the police department and the community; and to provide a secure environment in which children can receive an education; and WHEREAS, City desires to contract with Contractor to operate the after school Teatro de la Rosa Outreach Program; 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 $18,700.00 ("Program Funds") to provide to the Contractor for the operation of the Teatro de la Rosa Outreach Program; 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 rf'orrrie Ill; �ith� good faith and due diligence, all work and services described in Exhibit "A'_=Progr'am Proposal, attached, and incorporated herein for all purposes incident to this Agreement. Contractor shall be responsible for day-to-day administration of the Teatro de la Rosa Outreach Program. Contractor agrees to expend the Program Funds in accordance with its Teatro de la Rosa Outreach Program budget, described in Exhibit "A", attached. 1 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 $18,700.00. 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 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 15t' 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 Teatro de la Rosa Outreach Program must be reported monthly and may be expended on the Teatro de la Rosa Outreach Program 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. 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. 2 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 15t'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. 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 3 i 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 Teatro de la Rosa Outreach Program. Contractor shall maintain, replace or repair any item of equipment used in support of the Teatro de la Rosa Outreach 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 Teatro de la Rosa Outreach 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 Teatro de la Rosa Outreach Program . 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. 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 4 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 Teatro de la Rosa Outreach Program 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 Teatro de la Rosa Outreach Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Teatro de la Rosa Outreach 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 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: Cathy Hernandez,Director Artes de la Rosa(formerly Latin Arts Association of Fort Worth) 1440 N. Main Street Fort Worth,TX 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 ARTES DE LE ROSA, a Texas Non- P,o',t rpo ion Date: l� (�7 Date: (7 0 7 Joe P Ms. Ca Hernandez Assi at, ty ager Director ATTEST: -- APPR9VE S TO FORM AND ' - I1 IT ti Assistant City orney Contract Authorization M&C - Contract No 11 ?ITT CJRIE . EXHIBIT A Proposals must be postmarked or hand delivered by 5 PM on Tuesday April 13, 2007. Proposals postmarked after this date will not be considered. Hand deliveries can be made at the Fort Worth Police Department Headquarters, $50 W Belknap Street. Please see the receptionist on the second floor. The mailing address is: Bradley Ford Research and Planning Unit Fort Worth Police Department 350 W Belknap Street;" Fort Worth, TX 76102 Application Contents Complete proposals must include the following. Incomplete proposals will be rejected. REQUIRED ITEMS G� PROPOSAL COVER SHEET PROPOSAL NARRATIVE PROGRAM ACTIVITIES AND SCHEDULE Id ACTIVITIES AND OUTCOMES SUMMARY Id LICENSING INFORMATION (If applicable) 12( BOARD INFORMATION d LEVERAGE OF FUNDS 6;( BUDGET SUMMARY AND BUDGET DETAIL G( BUDGET NARRATIVE E;( ONE ORIGINAL AND FOUR COPIES ATTACHMENTS JOB DESCRIPTIONS AND RESUMES I' AGENCY BYLAWS FINANCIAL AUDIT(If your agency is required to have an audit) 2 2007-2008 CRIME CONTROL AND PREVENTION DISTRICT PROPOSAL COVER SHEET AGENCY: Latin Arts Association of Fort Worth DIRECTOR: Cathy Hernandez PHONE NUMBER: 817-624-8333 ADDRESS: 1440 N. Main St., Fort Worth, TX 76106 CONTACT : Cathy Hernandez EMAIL ADDRESS: chernandez@rosemarinetheater.com PHONE NUMBER: 817-624-8333 FAX NUMBER: 817-624-8258 PROGRAM TITLE: Teatro de la Rosa Outreach FUNDS REQUESTED: $ 22,000 AGENCY STATUS: X Private Nonprofit ❑ 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. X To support the adoption of a prevention focus by the police department and the community. X 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: Cathy Hernandez TITLE: Ex tive D" ctor i I SIGNATURE: DATE: 4 I v © r�t 3 Latin Arts Association of Fort Worth,Inc. 2007-08 Crime Control&Prevention District Grant Narrative Part 1. BIPACT: 1. The Problems Our Program Addresses Gang activity and vandalism are activities that have plagued the Northside and have become part of a collective identity of this area. The majority of these offenders are youths in their teenage years as we have learned from working directly with the police department. These problems spur from several different factors including the high drop- out rate here on the Northside,lack of family supervision due to working parents,and lack of support from people outside of their peer groups. We are working diligently through an after-school arts program to reduce criminal offenses by youths on the Northside,and turn the enormous energy of these youths into something creative and inspiring. 2. How We Support Crime Prevention&Provide a Secure Learning Environment The Teatro de la Rosa afterschool program follows the vision of the Crime Control and Prevention District program by involving youths in afterschool theater activities that completely engages their imagination and minds. In doing this,we have successfully kept kids out of trouble and away from acts of crime including vandalism,gang activity, etc. In fact,our program,which has been in existence for five years,has a success rate of 100%of the participants matriculating to the next grade in school. This is particularly amazing,when you find that in today's Fort Worth ISD dropout rate,Hispanics make up 41%of the statistic—this percentage is especially concentrated in our Northside neighborhood. In this way,our program promotes the ideals of Crime Control and Prevention District by giving the children positive goals through the extended family unit we provide to the children. Criminal acts by juveniles are often the result of lack of supervision from parents due to busy work schedules,which is where we can also help. Many of the families that participate in our program are single parent families,and depend on our bilingual program to provide quality after-school care for their children until they get off from work(we do not think of ourselves as daycare,but rather a fine arts program where youngsters can come and study with some of the very best theater professionals in the region). The program is also providing an excellent artistic source of some of the most highly trained,bilingual actors and actresses in the area for talent agents and other entities outside the Latin Arts Association. Moreover,there is an increased rarity in free, bilingual theater programs in the Fort Worth area as a whole. This makes the program particularly inviting for schools and non-profit organizations that work with youths and education to partner with us. We also cooperate with organizations across the country to place our graduates in internships. Latin Arts Association of Fort Worth,Inc. 2007-08 Crime Control &Prevention District Grant Narrative Many parents participate in the activities of their children,while we all work(as an extended family)to build an educational and cultural environment that parents and students alike have come to trust and rely on. It is our belief that this is one of the reasons why this program works so well(plus the fact that there are no free,bilingual ongoing theater experiences for children in the city of Fort Worth). It is proposed that through CCPD funding,our program will be year-round at two locations: the Rose Marine Theater and the Northside Branch Library and will commence approximately 6 hours per week at both locations. Our theater program,at no charge to participants, engages youths in learning stage production,acting,costuming,etc.with the end result culminating in a community presentation here at the Rose Marine Theater. There are so seldom free,cultural activities for youths—particularly ongoing activities lasting months. It is rarer still to find a program that both engages the parents,and offers youths professional opportunities. This program,for example,serves as our intern program for youths to eventually become skilled enough on-stage to audition for our professional company when they build their skill set to professional standards. Moreover,the program celebrates the individuality of each and every participant,honors their cultural traditions—particularly Hispanic heritage,and fosters new peer groups with youths that have positive interests. 3. Measuring Effectiveness of Program Our organization defines success by our ability to reach our organizational goals—one of which is offering educational art/culture programs to the community including at-risk youth in low-income neighborhoods. We regularly measure our success at reaching this goal. We define success in reaching this particular goal in a number of ways including: • 95%participant response via questionnaire indicating they enjoyed the classes (questionnaires are sent three times per year—at the end of the semesters) • 90%participant response via questionnaire indicating they learned new communication skills through the classes(questionnaires are sent times per year—at the end of each semester) • 51%of participants are from low to moderate income households as defined by HUD standards(measured on a monthly basis by accumulating income information from the parents) These standards will help in reducing juvenile crime,since as you can see,our goals are to retain children,keep them involved in the program over a long period of time,and learn communication skills in resolve anger,angst,fear,etc.instead of turning to violence or crime. 4. Participant Information Over 80%of the program participants come from families with income levels at$20,000 and below. Our participants are youths ages 8—18,and most of them are Hispanic. The programs will be held at the Rose Marine Theater and the Northside Branch Library Latin Arts Association of Fort Worth,Inc. 2007-08 Crime Control &Prevention District Grant Narrative which are both on the Northiide within the 76106 zip code. We will serve a combined total at both locations of approximately 50 youths in the next year. 5. The Program's Uniqueness This free program is very sensitive to its participants,both culturally and individually. We select plays that are bilingual so that there are no language barriers, and we also select plays that oftentimes highlights Hispanic culture. Our outreach program has bilingual staff that engages children in games to"break the ice", and foster cultural communication among all participants. This is a unique approach in that many programs meant to reduce juvenile crimes are academically focused,and do not fully incorporate the arts. However,young people who participate in the arts for at least three hours a day, three days per week for at least one full year are 4 times more likely to be recognized for academic achievement,3 times more likely to be elected to class office within their schools,4 times more likely to participate in a math and science fair,and 3 times more likely to win an award for school attendance. Young artists, as compared with their peers,are likely to participate in youth groups nearly four times as frequently,read for pleasure nearly twice as often,and perform community service more than four times as often. Living the Arts through Language +Learning:A Report on Community-based Youth Organizations, Shirley Brice Heath,Stanford University and Carnegie Foundation For the Advancement of Teaching,Americans for the Arts Monograph,November 1998) 6. The Program's History Our outreach drama program is now in its sixth year at the Rose Marine Theater. This program,now in its sixth year,has a great track record of work in the community. The program,for example,has been honored by the First Lady at a White House ceremony for its extraordinary work with youth by winning one of the nation's coveted Coming Up Taller Awards. This award was given to 15 organizations across the nation to honor after-school work with youth in the arts and humanities.Our program has also garnered local awards such as The"Best Of'Award for Best Arts Activity for Kids by Fort Worth Weekly in 2003,and the 2004 "Best of the Arts" Award for Best Arts Experience for Children by WRR Classical 101.1 Radio listeners across the Metroplex. Furthermore, our programming has been recognized at a national level by the Kennedy Center inviting us to participate(as one of only fourteen arts organizations in the country)in a special capacity building program for ethnic specific arts organizations. The CCPD funding will, however, allow us to expand the program into the Northiide Branch Library—a new location for us. The CCPD funds are critical to building a successful.outreach program at this new location. Current resources that are used to operate the program at this new location include various private gifts from individuals,foundations,and corporations. 7. Program Funding and Timeframe While the program at the Northisde Branch Library is fairly new(it began in July,2005), the program at the Rose Marine Theater has been in existence for six years. Other Latin Arts Association of Fort Worth,Inc.. 2007-08 Crime Control&Prevention District Grant Narrative funding we have applied for includes the Sid Richardson Foundation($20,000), Burlington Northern Santa Fe($7,500),and Pier 1 Imports($4,000). The timeline for the program at the Rose Marine Theater is the following: August 15—September 15 (Recruit Students),Mid-September—Mid November(Fall Semester). Mid-December— Mid-January(Recruitment),Mid-January—End of April(Spring Semester). June (Recruitment). July(Summer Camp). Please see Programs and Activities Sheet. Note: Recruitment is not included on the sheet. End-of-semester performances are on the last day of each semester. The program at the Northside Branch Library is two semesters each extending over various timelines(October&November—Fall,and February to May—Spring). Based on our experiences at the Northside Branch library,we believe that this schedule works well for the library staff, although our goal is to remain flexible around the library's programming. Note: Recruitment for the semesters will begin one month before each semester at the Library, and is not included on the Programs and Activities Sheet. 8. Describe Expenditures PIanned for CCPD Funding Most of the funding will go toward program staffing. LAA plans to provide the Rose Marine Theater's program and the Northside Library's program with two teachers— Natalia Dominguez and Artistic Director,Yvonne Duque. We will also hire a seamstress, Rebecca Estes to complete all costumes and props needed,and we will hire Juan Gonzales to do all the needed sound,lighting,and other technical assistance needed for the program. The program will have supervision and occasional visits by our Executive Director,Cathy Hernandez All LAA staff has gone through an interview to best match skill set with job/position. 9. If Funds Are Awarded,Will This Program Continue Beyond the CCPD Funding Period? If funding were not granted by CCPD after this initial funding period,LAA would strive to find private funds to cover costs. We are growing at a rapid rate, so we anticipate that we would be successful in achieving this. However,if we could not find private funding, we could charge the Northside Public Library for the drama program. For now,though, the Northside Public Library is helping keep costs down by paying for the overhead and utilities related to this project. a X w U) t O u � to ¢ O X m — 0 z a, c16. � X � � a X X 0 to .3 m X X a C=? Q Q . w X x U! E — ` ' x m w Q a LU t- o Q m o x x � 3 Z — ax x 3 n m 0 � LL a o 0 0 0 0 •o R Z 0 0_ Q D Q *4 t a cu 0 m Jca N 'C O O Z 0 W LL C9 �C cm e 0 to C N O � C m N 0 O O fa 7 IM 0 N U C C N U C C N CCo N O N N N O a) o m > mG caEcE E E E a� a c 3 3 o c 3 3 0 c Ev o .� 0 'y o � 0 •� V j C C y C C Q q C m C &- (D m 7 'C a) j 'C Co a) as '3 Q7 w w v w 3 a � ca O m tyi .0 tu � m a) 5 a) N U o = g E3 E � ca 3 N 0 n n a� ��• i C C > a) U ca a) E V m N L > U V C > cc +' N N C U C to C U O Cl N O O �a y O N C N Ca�+ y a) C C O (D C a) U a m oa > E U 3 > E U -O O O V O C C N 0 O C (D'O *& V aO` a) Q JAI 0M F- � U ~ ( v Ae CIm ga, Q. ca E v, O o °� m �% a c CD as W � a) y ao O o � iocn Q.a � M 00 Ci z = v � o � � Q N v t— N w t > o ca Lary+ _ ~ a m a.a >_ o 0 a o =ZE0 '� M N c Za � a a: O a) W m U O N N f0 Q N ca Q N` � ❑ C y m u Cl.a !E U rn s� � � a N d n. O -.i W N IL Z o m Z L O Q om U f� ui LEVERAGE OF FUNDS Please describe other sources of funding that have been secured for the proposed project. FUNDING SOURCE AMOUNT Sid Richardson`Foundation 42,000 Burlington Northem Santa Fe 4"$7,500 Pier 1 Imports $4,000 G d' l Y l' 1 ff TOTAL ESTIMATEDNCONTRIBUTIONS: $33,500 b 9 OCIETEb BUDGET SUMMARY A. Personnel 9,000 B. Fdn a 600 C. Travel Equipment Su lies 2,700 F. ntracts/Consultants 9,700 G. gN Zr TOTALX 22,000 A.Personnel Name Position Rate of Pay x#of Hours Cost Cathy Hernandez Exec. Dire or $20 @ 150 hours $3,000 Yvonne Duque Programs C rd. $15 @ 400 hours $6,000 TOTAL Personnel $9,000 B.Fringe Benefits Name Position Description Benefits Cost Cathy Hernandez Exec. Director FICA $220 Yvonne Duque Programs Coord. FICA $380 TOTAL Fringe Benefits $600 C.Travel Purpose of Travel Location Item Cost TOTAL Travel $0 10 %am Equipment t. Ite Cost per Item Quantity Cost ' TOTAL Equipm t $0: E. Supplies Item Cost per I Quantity Cost Sets $700 2 $1,400 Office Supplies$10 80 $800 Props $50 10 $500 1 TOTAL Supplies $2,700 F. Contracts/Consultants Description of the Service Cost Juan Gonzales—Technical Services $3,000 Claudia Acosta—Teaching $2,450 Rebecca Estes—Seamstress $2,300 Anson Norwood—Teaching $1,950 TOTAL Contracts/Consultants $9,700 G.Other Costs Item Cost per Item Quantity Co TOTAL Other Costs $0 11 BUDGET NARRATIVE Pleas attach a detailed budget narrative that explains the need for all proposed expenditures. The budget narrati should clearly explain how funds will be used and why expenditures are necessary for successful impleme tion of your program. Please explain how costs are calculated. A. Person i Salaries ` 1 Artistic Direct vonne Du d ue Oversees curriculum elopment,and rehearsals/classes. Oversees children's program at the Rose Marine Theater(kids ages --12),and oversees overall artistic product. Conducts workshops on mask-making,sword fighting, d other specialized areas. Full time position of 40 hours per week. $15/hour@ 400 hours=$6,000 1 Executive Director: Oversees con ct requirements and quality,program staffing and supervision, acquires time sheets for instructors and su "ts grant reports. Full time position of 40 hours per $20 @ 150 hours =$3,000 B. Fringe Benefits FICA: Program Fees of$5,000 x 7.65=$382.50(rounded $380) Admin Fees of$3,000 x 7.65=$229.50(rounded to$220) C. Travel: No travel needed D. Equipment: No equipment needed E. Supplies: Includes supplies for sets(i.e.paint brushes,canvases,paint) 700/set is budgeted. Also includes$500 for misc.props. Office supplies'includes pens,paper, arkers,etc. F. Contract Labor Technical Director(Juan Gonzales): A,graduate of this program,Juan now serves as technical director of the outreach programs, g the lighting,sound needs of their staged productions while giving occasional workshops in the tee I aspects oftheater. 200 hours @$15=$3,000 Northside Branch Library Teacher(Anson Norwood): 12 Ove s youths at the Northside Branch Library and attends workshops to best understand the program c alum set by the Artistic Director. Teaches classes for youths at the Northside Branch Library. 10 hours ek x 13 weeks a$15=$1,950 Outreach Coordinator/Teache laudia Acosta): Oversees classroom curriculum developm and rehearsals /classes for both Rose Marine Theater's teen program and the Northside Branch Library. hours/week x 15 weeks x$16+$50(for staff development workshop)=$2,450 Costumer(Rebecca Estes): Oversees costume design for all CYD contracted programs and assists ching at Rose Marine Theater. 50 costumes @$39=$2,300 13 ` UGG INTERNAL REVENUE SERVICE r EPARTMENT. OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 JUL 2�70 Employer Identif+ilSation Number: Date: 31-1634474 DLN: 17053102.7,31004 LATIN ARTS ASSOCIATION OF FORT Contact Person: WORTH DAN W BERRY ID# 31122 PO BOX 4260 Contact Telephone Number: FORT WORTH, TX 76164-0000 (817) 829-5500 Public Charity Status: 170(b) (1) (A) (vi) Dear Applicant: Our letter dated November 1999, stated you would be exempt from Federal income tax under sectionr501(c) (3) of the Internal Revenue Code, and you would _ be treated as a public charity, rather than as a private foundation, during an advance ruling period. Based on the information you submitted, you are classified as a public charity under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as an organization exempt from Federal income tax under section 501(c) (3) of the Code. Publication 557, Tax-Exempt Status for Your Organization, provides detailed information about your rights and responsib}lities as an exempt organization. You may request a copy by calling the toll-free number for forms, (800) 829-3676. Information is also available on our Internet Web Site at www.irs.gov. If you have general questions about exempt organizations, please call our toll-free number shown in the heading between 8:00 a.m. - 6:30 p.m. Eastern time. Please keep this letter in your permanent records. Sincerely yours, LoXW40V6�� rner Director, Exempt organizations Rulings and Agreements Letter 1050 (DO/CG) LATHN ARTS ASSOCIATION Executive Director Job Description The LATIN ARTS ASSOCIATION in Fort Worth,Texas—a young nonprofit organization that manages the historic Rose Marine Theater and promotes and interprets the art,culture and history of the Latin community--seeks an experienced individual to serve as its first executive director.Primary responsibilities include working with volunteer board,coordinating programs for the theater,fundraising and providing financial accountability.Excellent communication and organizational skills required,as well as proven record in fundraising,managing a theater,and understanding Latino and minority cultures. Bachelor's degree,valid Texas driver's license and three years related experience required. English/Spanish bilingual skills and artistic theater skills preferred. Catherine E.Hernandez 3532 Park Lake Dr. Fort Worth,TX 76133 817-602-6392 phone artehik*hotmail.com Objective: To advocate the arts through my dedicated efforts in bringing success and promoting the mission of an innovative cultural organization Work Experience: Executive Director,Latin Arts Association of Fort Worth,Jdne,2003—Present In a short time,developed nationally recognized organization with award-winning programming. General responsibilities include developing structure within a newly formed organization by managing the historic Rose Marine Theater,overseeing the creation of an in-house theater company,guiding the development of a new arts facility,managing a developing dance company, and overseeing general growth within all programs. Also administer payroll to staff,research and develop new funding sources(ie.grant writing,obtaining corporate sponsorships,etc.),while strategically increasing individual gifts. Work closely with Board of Directors in setting policy. Work with three full time staff members to develop plans,book touring performances,coordinate tours for theater company,and schedule volunteers,develop and oversee yearly budget with Board. Development Director,Point Breeze Performing Arts Center,August,2002—June,2003 Responsible for management and implementation of the organization's overall fiend-raising efforts for$1.5 million budget with government,corporations,foundations and individuals;writes, prepares,and submits proposals and reports;nurtures ongoing contacts with funders;maintains an updated database on resource development;establishes,organizes,and maintains a filing system for resource development,assists with marketing material development;represents PBPAC to the public,attends meetings as designated,prepares follow-up meeting correspondences,coordinates the timely completion of all follow-up meeting activities,manages small staff of interns,prepares correspondences,and attends all PBPAC Board Meetings. REACH Manager,New Jersey Symphony Orchestra; September,2000—August,2002 Provided advice and support to NJSO musicians developing their own projects,worked with development staff to create grant proposals and programs,submitted payroll for 76 unionized musicians,oversaw REACH budget,convened focus groups to identify and learn about specific target communities in New Jersey,oversaw the development and distribution of REACH materials, increased awareness of the REACH program among communities and identified opportunities to work with Community Partners to develop REACH projects,confirmed contract details with Community Partners in accord with guidelines established by the Musician's Union and REACH Task Force,engaged participating musician(s),tracked REACH records,coordinated connections between REACH musicians and communities,attended and supervised REACH performances,ran meetings of the REACH Task Force,provided appropriate information to support the Task Force's oversight of the REACH program,and supervised backstage operations at performances Executive Director,Anita Martinez Ballet Folklorico; September,1997—September,2000 Responsibilities included administering payroll to staff of 22,researching and writing grants, developing corporate relations,increasing individual gifts,interacting with Board of Directors, developing strategic plans,creating marketing plans,coordinating tours,scheduling volunteers, designing and producing flyers and invitations,creating policy for staff and office,forming programs,contract negotiating,and building management Access Arts Manager,ArtServ,Inc.;August,1995—July,1997 Achievements included organizing and researching information on Dallas arts'community, operating a computer facility for the use of artists and arts organizations,producing arts and cultural telephonic calendar,maintaining database of 7,000 contacts,coordinating Board meetings, maintaining and upgrading ArtServ's website,sustaining relations with the media, consulting arts organizations concerning computer hardware,software,and cyberspace,managing staff of five full time employees,and coordinating volunteers House Manager,Maine State Music Theater;Brunswick,ME;May,1995—August,IL995 Internship consisted of coordinating and recruiting staff of over 200 volunteer ushers,supervising box office activity and management,staffing concession stand,building management,producing sales reports,providing assistance to stage management and entertainers,negotiating contracts, assisting marketing staff,and administering theater as directed by Equity requirements Education: BA,University of North Texas, 1994 Major:Music,Minor:History WA,Drexel University,Anticipated 2007 Major:Arts Administration.Recipient of the Dean's Fellowship Community Activities: Panelist,Nevada Council for the Arts,2007 Panelist,Texas Commission on the Arts,Theater,Opera,and Presenting,2007 Board Member,International Performing Arts for Youth(1PAY),2007 Guest Lecturer:Arts Management,Texas Women's University,2006 Panelist,Austin's Cultural Arts Division,Organizational Support&Multidisciplinary Panels,2006 Performing Arts Participation Committee,Arts Council of Fort Worth,2006 Guest Lecturer:Arts Management,Texas Christian University,2005 Panelist,Arts Council of Fort Worth,Education Grants,2004 Panelist,Association of Arts Administration Educators representing Drexel Alumni,2004 Panelist,Pennsylvania Council on the Arts,Presenting Organizations' Grant Review,2003 Member,Association of Fundraising Professionals,2002—Present Panelist,EXXON-Mobile Non-profit Fellowship Seminar,2000 Education Chair,Latino Forum,Office of Cultural Affairs,City of Dallas,2000 Judge,Hispanic Youth Awards,2000 Fundraising Committee,Dallas Morning News Dance Festival, 1999 Co-Chair,Dallas International Festival, 1999 Marketing Chairman,International Arts Showcase, 1997 Board Member,Dallas Dance Council;December, 1996—1999 Panelist,Office of Cultural Affairs Neighborhood Touring Program and Latino Arts Initiatives Grant Reviews; September, 1997 and 1998 Board Member,International Council of Cultures;October, 1996—July, 1997 Chairman of Annual Art Auction,Texas Gilbert&Sullivan,Co.;August 1995—November, 1995 Achievements: Outstanding Woman of Fort Worth Award for Women in the Workplace,,2006 "Best Case Study"Award,Drexel University Arts Administration Program,2006 Finalist,American Symphony Orchestra League Management Fellowship Program,2000 Latin Arts Association ofFort Worth, Inc. (L9A) r/o Rase Marine Theater 1440North Main Street Fort Rortk Texas 76106 (817)624 8338(Phone) (817)624 8258(FaK) www. osemadnetheatercom Artistic Director Job Description Hours: Full Time with Saturdays Duties: Program season/festival events in conjunction with Programming Committee within budget. Coordinate all children's curriculum such as Summer Camp,after-school programming,and touring productions. This position also teaches/schedules theater classes on an on-going basis with youths ages 8— 18 three times per week. This position also selects and oversees main-stage events and all LAA programming generally with Teatro de la Rosa and artists we present. Assists in marketing all events by speaking directly to artists to coordinate interviews with press with the artists, collecting images/photographs of artists,etc. Submit check requests for payment of artist,and for miscellaneous needs of performances. Coordinate all aspects of artist needs including technical crew,load-in,rehearsal times for artists,and coordinating artist contracts and travel(when needed). Qualifications:Minimum of three years work experience in cultural setting,excellent interactive skills,and knowledge of Fort Worth/regional arts environment.Bachelor's degree required. Prior booking and marketing experience suggested.Must be flexible in terms of schedule. Latin Arts Association of Fort Worth,Inc.is an equal opportunity employer. page 2 of 2 MoonWater Theatre Company 12/99-9/00 Invited to join innovative theatre troupe in Fort Worth. I participated in the transformation of upstairs Ridglea theatre venue into 80 seat black box space. As company member assisted in fundraising gala event as well contributor in key decision making processes. Fort Worth Theatre Hispanic Series 5/99-7/00 Contributed to the success of the 1999 and 2000 Hispanic Playwrights Festival as actor,director and collaborator.As a key player in the series,I was able to exercise my abilities as director to a Hispanic version of William ShakespmWs's Much Ado AboutNothing.'Ibe process enabled me to sharpen my skills as a production leader. Teatro Main Street fall 1999 During my brieftenure with this troupe,I was able to act,advise and co-direct the Spanish language play UnHogar Solido. Also,single handedly organized an opening night reception with donations from local Mexican restaurants including El Rancho Grande and La Playa Maya,among others. Planet Ant Theatre 10/96-5/98 Lead a team in transforming a coffee house into a fully fimctioning black box theatre.As founding Artistic Director, administering all aspects of the theatre including renovation,production,media relations,marketing,and seeking 50Ic(3)non pro-fit status. Conceived and managed the fast Shakespeare workshop with Gillian Eaton,formerly of the Royal Shakespeare Company of England. Mosaic Youth Theatre of Detroit 10/96-5/98 As Associate Director,responsibilities included teaching for the outreach program as well as conceiving and directing the Next Stage Company.I organized the troupe to tour.children's theatre to Detroit area elementary,middle and high schools.The Detroit Zoo commissioned the troupe,under my supervision,to create an education playbased on the coral reef. National Players 9/95-5/96 Participated in a national tour as co-company manager. My duties,outside of acting,included workshop coordinator, treasurer,and truck driver. BYLAWS Of Latin Arts Association Of Fort Worth Approved at the Board Meeting of November 20,1998 TABLE OF CONTENTS Description ARTICLE ONE — NAME OF THE CORPORATION ARTICLE TWO — MISSION STATEMENT ARTICLE THREE - PURPOSE OF THE CORPORATION ARTICLE FOUR - GENERAL MEMBERS ARTICLE FIVE - BOARD OF DIRECTORS ARTICLE SIX - EXECUTIVE DIRECTOR ARTICLE SEVEN - EXECUTIVE COMMITTEE ARTICLE EIGHT - COMMITTEES ARTICLE NINE - CHECKS, DEPOSITS AND FUNDS ARTICLE TEN - BOOKS AND RECORDS ARTICLE ELEVEN - FISCAL YEAR ARTICLE TWELVE - CORPORATE SEAL ARTICLE THIRTEEN - WAIVER OF NOTICE ARTICLE FOURTEEN - AMENDMENTS TO BY LAWS ARTICLE FIFTEEN - RULES OF PROCEDURE ARTICLE SIXTEEN - APPROVAL OF THE BY LAWS Notes on Nomenclature: There are two types of members designated in these By Laws, General Members and Members of the Board Of Directors. General Members will be referred to.as either General Member(s)or Member(s). Members of the Board Of Directors wilt be referred to as Member(s)of the Board Of Directors, Member(s)of the Board,Board Member(s), Director(s)or Board Of Director(s). LATIN ARTS ASSOCIATION OF FORT WORTH BY LAWS ARTICLE ONE NAME OF CORPORATION 1.01 The name of the Corporation shall be Latin Arts Association Of Fort Worth, Inc. ARTICLE TWO MISSION STATEMENT 2.01 To promote cultural awareness and interracial understanding by promoting Latin and Hispanic Art and Culture in all its forms. ARTICLE THREE PURPOSE OF THIS CORPORATION 3.01 To promote cultural awareness and interracial understanding by promoting Latin and Hispanic Art and Culture in all its forms exclusively for educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code. 3.02 To receive contributions and pay them over to organizations that are described in section 501(c)(3) and that are exempt from taxation under section 501(a)whose purposes agree with the mission of this organization. ARTICLE FOUR GENERAL MEMBERS 4.01 Latin Arts Association Of Fort Worth welcomes into its membership any person, regardless of race, religion,color or creed,who is in agreement with its purposes and who will cooperate in carrying out its mission and its programs. 4.02 To become a General Member,a person must complete a Membership Form and pay the required membership dues. TYPES OF MEMBERSHIPS 4.03 General Members are those who have completed a membership form and have paid their annual dues. 4.04 Honorary Members are those persons paying no dues. An Honorary Membership may be given to a person for outstanding contribution to this Corporation by majority vote of the Board Of Directors. DUES 4.05 The Annual Membership fee for General Members of this Corporation shall be twenty-five ($25)Dollars per year,due and payable,without notice,on January 15`of each year. Such dues shall be paid to the Treasurer of the Corporation. 4.06 Students and Senior Citizens may join at a reduced fee of ten($10)dollars per year. Students.must show a valid Student I.D.Card as proof of enrollment. Senior Citizens must show a valid Drivers License or other from of I.D. proving their age to be fifty-five(55) years or older. 4.07 Membership dues collected between October 1"through December 315t shall apply to the upcoming fiscal year. Dues collected at any other time of the year will apply to the current fiscal year. DUTIES AND RESPONSIBILITIES 4.08 May participate at the Annual Board Meeting and on committees and events in need of their support. TERMINATION OF MEMBERSHIP 4.09 A majority vote of the Board Of Directors at any regular or legally called special meeting of the Board Of Directors may terminate a membership whenever,in its judgment, it is in the best interest of the corporation. When a vote for termination of a membership is to be held at a regular or legally called special meeting,written notice must be given to all members of the Board Of Directors of the intent of such action at least fifteen(15)days prior to the meeting. The written notice of such action shall be deemed to be delivered when deposited in the United States mail, addressed to the member at their address as it appears on the records of the Corporation,with postage thereon prepaid. RESIGNATION 4.10 Any General Member may resign by filing a written resignation with the Secretary. No Resignation shall relieve the resigning member of the obligation to pay any dues, assessments, or other charges theretofore accrued and unpaid. ARTICLE FIVE BOARD OF DIRECTORS DUTIES AND RESPONSIBILITIES The Board Of Directors shall. 5.01 Be General Members in good standing. 5.02 Be responsible for the business of the Corporation,maintaining it under the policies as set forth by the By Laws of the Corporation. 5.03 Develop funding sources, obtain finances,determine the financial plan,develop an annual budget and authorize and receive an annual audit. 5.04 Represent the Latin Arts Association Of Fort Worth, Inc. in the community and develop informed interest and support. 5.05 Engage in long term planning to meet the needs of the Corporation. 5.06 Be responsible for property and funds. 5.07 Employ and give directives to the Executive Director upon the recommendation of the Executive Committee of the Board Of Directors. 5.08 Elect the Officers of the Board upon the recommendation of the Nominations Committee. 5.09 Review the By Laws periodically and revise as needed. 5.10 Elect new Board Members at the November meeting of the Board Of Directors to fill terms that will expire on December 3151 of the same year. The new Board Members must be elected from the list of recommended nominees presented by the Nominations Committee 5.11 The composition of the Board Of Directors shall be: Two(2) Board Positions will be designated for representatives from the Theatrical Arts community. Two(2)Board positions will be designated for representatives from the Dance community. Two(2) Board positions will be designated for representatives from the Music community. Two(2) Board positions will-be designated for representatives from the Visual Arts community. The remaining 7 positions will be designated for representatives from the community at large. NUMBER,TENURE,AND QUALIFICATION 5.12 The number of Board Of Directors shall not exceed Fifteen (15). 5.13 Members of the Board Of Directors shall be elected by a majority vote of the Board Of Directors and shall serve for a term of two(2) years. Eight(8) of the Board Of Director positions shall begin on odd numbered years and seven(7)of these positions shall begin on even numbered years. 5.14 The Board Of Directors positions will be numbered one(1)through fifteen (15). The odd numbered positions will begin their terms on odd numbered years. The even numbered positions will begin their terms,on even numbered years. 5.15 Directors shall not serve more than Two Consecutive Terms. Former Directors may be reconsidered for nomination to the Board Of Directors after being off of the Board for at least one year. DUES 5.16 Members of the Board Of Directors are required to be General Members in good standing and shall abide by the dues specified for the General Members. 5,17 If dues are not paid by January 315'of the current fiscal year,all voting rights and chair responsibilities will be relinquished until paid. REGULAR/ANNUAL MEETINGS 5.18 Ten (10) Regular Board meetings and one(1)workshop shall be held each year. One(1) of the Board meetings will be the annual meeting in December which will take the place of the December regular Board meeting. The.Board Workshop shall be held in February. There will not be a Board meeting in January. 5.19 An annual meeting of the General Membership shall be held in conjunction with the annual meeting of the Board Of Directors in December of each year. 5.20 The purpose of the annual meeting will be for the election of members of the Board Of Directors for the upcoming fiscal year,if necessary,for the Annual Report by the President and Executive Director,and for the transaction of other business. 5.21 The Board of Directors may provide, by resolution,the time and place for the holding of additional regular meetings of the Board without notice other than such a resolution. SPECIAL MEETINGS 5.22 Special meetings of the Board of Directors may be called by or at the request of the President or any five(5)Directors. The person or persons authorized to call special meetings of the Board Of Directors may fix any place for holding any special meetings of the Board Of Directors called by them. NOTICE OF SPECIAL MEETINGS 5.23 Written or oral.notice of any special meeting of the Board of Directors shall be given to all Board members at least 48 hours before such meeting if delivered personally. If the notice is sent by mail,five(5)days notice will be required. If mailed,the notice of a meeting shall be deemed to be delivered when deposited in the United States mail, addressed to the member at their address as it appears on the records of the Corporation,with postage thereon prepaid. QUORUM 5.24 A Simple majority of the number of members of the Board of Directors in good standing shall constitute a quorum for the transaction of business at any meeting of the Board Of Directors. If less than a majority of the Directors is present at a meeting,the meeting shall be adjourned. REMOVAL 5.25 After written notice, any member of the Board of Directors may be removed by a majority vote of the remaining members of the Board of Directors in good standing,whenever, in its judgment,the best interest of the corporation will be thereby served. 5.26 Three unexcused absences per year from Board meetings shall be cause for removal from the Board. 5.27 Two consecutive unexcused absences from Board meetings may serve as a basis for removal from the Board. 5.28 Annual General Membership fees which are 60 days past due may serve as a basis for removal from the Board. 5.29 When a vote for removal of a member of the Board of Directors is to be held at a regular or legally called special meeting,written notice must be given to all members of the Board of the intent of such action at least fifteen (15)days prior to the meeting. The written notice of such action shall be deemed to be delivered when deposited in the United States mail,addressed to the member at their address as it appears on the records of the Corporation,with postage thereon prepaid. ABSENCES FROM BOARD MEETINGS 5.30 The President or the Secretary must be notified of any upcoming absences. 5.31 Unexcused absences will be determined by the Executive Committee. BOARD DECISIONS 5.32 The act of a.majority of the Directors present at a regular or legally called special meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these By Laws. NOMINATING PROCESS FOR BOARD POSITIONS 5.33 Applications for Board Positions must be submitted to the Nominations Committee at least thirty(30)days prior to the scheduled election date. 5.34 The Nominations Committee will review and research the applicants qualifications. The Nominations Committee will recommend,for Board consideration,qualified Board Nominees that will fill the current need(s)of the Board. 5.35 The Nominations Committee will mail the recommended slate of nominees to all Board Members at least 15 days prior to the scheduled election meeting. 5.36 During the election to fill a Board position, no floor nominations will be accepted unless an application for the possible nominee was submitted to the Nominations Committee at least thirty(30)days prior to the scheduled election date. VACANCIES 5.37 The Board of Directors, by a majority vote of the Directors in office, shall elect a new Director to fill any vacancy in the Board. 5.38 A newly elected Director shall fill the vacancy for the unexpired term of the predecessor in office. 5.39 A director elected to fill a vacancy on the Board of Directors will be eligible for election to one additional term. INFORMAL ACTION BY DIRECTORS 5.40 In an emergency situation,any action required by law or any action which could be taken at a meeting of Directors, may be taken without a meeting, by a majority of the Executive Committee,whether it be by mail,telephone conference,or any other means. A consent in writing setting forth the action so taken shall be signed by a majority of the Directors at the.earliest possible regular or property called special meeting following such action. COMPENSATION 5.41• No member of the Board Of Directors shall receive any salaries from this Corporation for their services. No member of the Board Of Directors shall be compensated by any other organization or Corporation when there is a conflict of interest or an appearance of impropriety. 5.42 A majority of the Board Of Directors shall determine,on an individual basis,what constitutes a conflict of interest or an appearance of impropriety. RECORD RETENTION 5.43 Upon completion of their term or at the time of their resignation, Directors must turn over all records of the Corporation. RULES OF PROCEDURE 5.44 Robert's Rules of Order shall govern all proceedings of.the Board of Directors except as otherwise provided in these By Laws. ARTICLE SIX EXECUTIVE DIRECTOR The Executive Director shall: 6.01 Carry out the agenda of the Corporation under the policies and directives of the Board. 6.02 Assist the Finance Committee in formulating the annual operating budget. 6.03 Assist and'provide all pertinent information to all Board Committees upon request. 6.04 Attend all Board meetings,but shall not vote. 6,05 Attend Executive Committee meetings when requested. 6.06 Maintain professional and clerical staff, including employment,supervision and dismissal. 6.07 Submit a written report of the.previous months activities at each regular Board meeting. 6.08 Be responsible for the artistic direction and integrity of the Latin Arts Association Of Fort Worth. 6.09 Carry out the duties of the Executive Director as outlined in the Job Description. ARTICLE SEVEN EXECUTIVE COMMITTEE OFFICERS 7.01 The Executive Committee shall be composed of the President,Vice-President, Secretary, Treasurer and such other offices as may be created by the Board of Directors. ELECTION AND TERM OF OFFICE 7.02 The Executive Committee of the Corporation shall be elected to two year terms every two years, by a majority vote of the Board of Directors present at the November meeting of the Board Of Directors at which an election of Officers is held. Their tenure shall be limited to two(2) consecutive terms. 7.03 If an Executive Officer's term as a Board Member expires during their term in Office,they will automatically vacate their Office. However, If they are eligible for an additional Board term,and if they are re-elected to an additional Board term,their term in Office will continue through it's duration. If they are not re-elected to an additional Board term,an election must be held to fill their unexpired term in Office. NOMINATING PROCESS FOR EXECUTIVE OFFICERS 7.04 Nominees for Executive Office must be members of the Board Of Directors,in good standing whose membership fees are current.. 7.05 Nominations for Office must be submitted to the Nominations Committee at least fifteen(15)days prior to the scheduled election date. 7.06 The Nominations Committee will review and research the nominees qualifications. 7.07 At the Board meeting where the scheduled election will be held,the Nominations Committee will recommend, for Board consideration, a qualified Nominee(s)that will meet the needs and qualifications for the considered position(s). 7.08 During the election to fill an Office,no floor nominations will be accepted unless the name of the possible nominee was submitted to the Nominations Committee at least fifteen(15) days prior to the scheduled election date. REMOVAL 7.09 Any officer,may be removed by a majority vote of the Board of Directors at any regular or legally called special meeting of the Board of Directors at which a quorum is present,after appropriate NOTICE and HEARING before the Board. 7.10 When a vote for removal of an officer of this corporation is to be held at a regular or legally called special meeting,written notice must be given to all members of the intent of such action at least fifteen(15)days prior to the meeting. The written notice of such action shall be deemed to be delivered when deposited in the United States mail,addressed to the member at their address as it appears on the records of the Corporation,with postage thereon prepaid. VACANCIES AND NEW OFFICES 7.11 Vacancies or new offices shall be filled by a majority vote of the Board of Directors at any regular or legally called special meeting of the Board of Directors at which a quorum is present. 7.12 A newly elected Officer shall fill the vacancy for the unexpired term of the predecessor in office if their Board term does not expire. 7.13 A newly elected Officer filling a vacancy will be eligible for election to one additional term if their Board term has not expired. PRESIDENT 7.14 The President shall be the principal Executive Officer of the Corporation and shall supervise all of the affairs of the Corporation. The President shall Chair the Board of Directors and the Executive Committee,and shall be responsible forthd functioning of the Board of Directors. 7.15 The President shall be the official representative in the execution of deeds,mortgages, bonds, contracts,or other instruments that the Board of Directors has authorized to be executed,except in the case where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these By Laws to another officer or agent of the Corporation. 7.16 The President shall serve as an ex-officio member of all committees with voting rights, except he/she may not serve on the Nominations Committee. 7.17 The President shall evaluate the Executive Director in consultation with the Executive Committee. VICE-PRESIDENT 7.18 The Vice-President shall perform the duties of the President in the event of the President's absence,resignation or disability and shall assist the President in such duties as fund raising,public relations, and act as historian responsible for the compilation of records of all association events, press releases and/or photographs that are pertinent to the Corporation. SECRETARY 7.19 The Secretary shall record and report all Board meetings of the corporation, shall be the custodian of all records,shall be responsible for the handling of all correspondence,and shalt keep records of attendance. The Secretary shall perform all duties incident to the office of secretary. TREASURER 7.20 The Treasurer shall be responsible for the receipt and disbursement of all moneys of the corporation. 7.21 The Treasurer shall report, at regular meetings,the receipt and disbursement of moneys, issue an annual financial statement,file annual tax forms, prepare an annual budget to be presented to the Board of Directors at the end of the year and shall submit the books of the record for examination by an auditing committee. PARLIAMENTARIAN 7.22 Shall carry out the duties as specified in Robert's Rules Of Order. RECORD RETENTION 7.23 Upon completion of their term or at the time of their resignation, Officers must turn overall records of the Corporation. ARTICLE 8 COMMITTEES 8.01 The President shall appoint all committee Chairpersons and/or Co-Chairpersons that are not expressly designated in these By Laws. Chairpersons and/or Co-Chairpersons shall be selected from members of the Board Of Directors. 8.02 Committee Chairpersons and/or Co-Chairpersons shall recruit volunteers at their discretion. 8.03 All active Committees shall submit written reports to the Board Of Directors at each regular Board Meeting. STANDING COMMITTEES 8.04 The Standing Committees of this organization and their functions are as follows: 1.Executive Committee - This committee shall: a. Be chaired by the President of the Board. b. Be composed of the officers of the corporation which consist of the President, Vice President,Secretary and Treasurer. c. Have the power to act between meetings of the Board,to make recommendations to the Board and to carry special responsibilities assigned to it, including but not limited to long range planning, By Laws review and Executive Director search. Authority remains with the Board of Directors. Any interim action must be ratified by the Board of Directors at it's next meeting. 2.Strategic Planning - This committee shall: a. Be responsible for long range planning to prepare the organization to meet future goals and future needs. 3.Fund Development- This committee shall: a. Be responsible.for the long range financial future of the Corporation and shall develop and carryout financial plans designed for that end. b. Assume responsibility for all fund raising as assigned to it by the Board. c. Explore the development of support from individuals. d. Develop long term fund raising efforts,including planned giving and endowments. e. Establish meaningful dialog with funding sources to monitor their funding priorities. 4.Finance - This committee shall: a. Be chaired by the Treasurer. b. Study and review the financial situation of the corporation and make necessary reports and recommendations on financial matters to the Board at each meeting. c. Formulate the annual budget. d. Study and review the budget on an ongoing basis. 5.Community Outreach - This committee shall: a. Develop ways and means of interpreting the work of the Latin Arts Association Of Fort Worth to the community. b. Be responsible for maintaining the mailing list of the Corporation. B.By Laws - This committee shall: a. Be responsible for maintaining the By Laws of the corporation. b. Recommend By Laws amendments,when needed,to the Board of Directors for it's review and vote. 7.Nominations - This committee shall: a. Be responsible for nominating candidates to fill Board vacancies in accordance with the Nominating Process For Board Positions. b. Be responsible for nominating candidates for Office in accordance with the Nominating Process For Officers. 8.Facilities and Maintenance- This committee shall. a. Work with the Executive Director on matters of building maintenance and repair, leasing,construction of new buildings and remodeling of facilities. b. Make periodic studies to assure that all requirements of health,safety,and fire regulations are being maintained,and that all facilities are in compliance with applicable city building and fire codes. ADDITIONAL COMMITTEES 8.05 The President shall create additional committees for special tasks as the need arises. RULES OF PROCEDURE FOR COMMITTEES 8.06 Each committee may adopt rules for its own government which are consistent with these By Laws or Robert's Rules of Order. ARTICLE NINE CHECKS,DEPOSITS,AND FUNDS CHECKS AND DRAFTS 9.01 All checks,drafts or orders for the payment of moneys equal to or less than$499.00 may be signed by the President or the Treasurer or the Executive Director. 9.02 All checks,drafts or orders for the payment of moneys in the amount of$500.00 or more, shall be signed by the President and either the Treasurer or the Executive Director. DEPOSITS 9.03 All funds of the Corporation shall be deposited to the credit of the Corporation in such banks,trust companies or other depositories as the Board of Directors may choose. All funds must be deposited in the corporation account and a record of the transaction must be submitted to the Treasurer of the corporation within five(5)days of receipt of the funds. GIFTS 9.04 The Board of Directors may accept on behalf of the Corporation any contribution,gift, bequest or devise for general purposes or for any special purpose of the Corporation. ARTICLE TEN BOOKS AND RECORDS BOOKS AND RECORDS 10.01 The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of all meetings 10.02 All books and records of the Corporation may be inspected by any member, for any proper purpose at any reasonable time. RECORD RETENTION 10.03 When any person leaves the organization for any reason,they must submit all records of the organization to the Secretary of the Board Of Directors. ARTICLE ELEVEN FISCAL YEAR FISCAL YEAR 11.01 The fiscal year of the-Corporation shall begin on the first day of January and end on the last day of December of each year. ARTICLE TWELVE CORPORATE SEAL SEAL 12.01 The Board of Directors may provide a corporate seal which shall have inscribed thereon the name of the Corporation and the words"Corporate Seal of Latin Arts Association Of Fort Worth, Inc.". ARTICLE THIRTEEN WAIVER OF NOTICE WAIVER OF NOTICE 13.01 Whenever any notice is required to be given under the provisions of the Texas Non-Profit Corporation Act or under the provisions of the Articles of Incorporation or the By Laws-of the Corporation, a waiver thereof in writing signed by the person or persons entitled to such notice,whether before or after the time stated therein,shall be deemed equivalent to the giving of such notice. ARTICLE FOURTEEN AMENDMENTS TO BY LAWS 14.01 These By Laws may be altered,amended or repealed and new By Laws may be adopted i by two-thirds(2/3)of the Directors present at any regular meeting or any legally called special meeting where a quorum is present, if at least fifteen (15)days written notice is given to all Board members of an intention to alter, amend or repeal these By Laws or to adopt new.By'Laws, at such meeting. The written notice of such action shall be deemed to be delivered when deposited in the United States mail,addressed to the member at their address as it appears on the records of the Corporation,with postage thereon prepaid. ARTICLE FIFTEEN RULES OF PROCEDURE RULES OF PROCEDURE 15.01 Unless provided within these By Laws,all questions shall be interpreted according to Robert's Rules of Order. APPROVAL OF THE BY LAWS By her signature,the secretary of LATIN ARTS ASSOCIATION OF FORT WORTH, INCORPORATED, hereby certifies that the above and foregoing Amended Bylaws were adopted by the Directors of the Corporation at a meeting of the Board of Directors on the 20th day of November,1998S&IMA_0__tL�_ I Abby Gam a,Secretary Budget Detail Worksheet A. Personnel Position Description % on Project Total Cathy Hernandez Executive Director 7.5 3000 Yvonne Duque Artistic Director 18 6000 Sub-Total 9000 B. Fringe Benefits Position Description Total Cathy Hernandez Executive Director 220 Yvonne Duque Artistic Director 380 Subtotal: 600 C. Travel Purpose of Travel Location Item Computation Cost N/A 0 Subtotal: D. Equipment Unit Price/ Item Description Number Total N/A Sub-Total 0 E. Supplies Unit Price/ Item Description Number Total Sets (Fall / Spring Productions) 700 1400 Office Supplies Paper, Pens, Copies, etc. 40 800 Props (Fall / Spring Productions) 20 200 Sub-Total 2400 G. Consultants and Contractor Services Item Description Unit Price/Number Total Juan Gonzales Tech Services (Lighting/ Sound) $500/2 shows 1000 Natalia Dominguez Drama Teaching $20 / 195 hrs 3900 Rebecca Estes Seamstress $22.50/ 80 costumes 1800 Sub-Total 6700 1 of 2 Budget Summary Budget Category Amount A. Personnel 9000 B. Fringe 600 C. Travel 0 D. Equipment 0 E. Supplies 2400 F. Construction 0 G. Consultants and Contractor Services 6700 H. Other Costs 0 I. Indirect costs 0 TOTAL PROJECT COSTS $18,700.00 Federal Request: $18,700.00 Non-Federal Amount: 2 of 2 Latin Arts Association of Fort Worth Sustainability Plan All of here at Artes de la Rosa (formerly Latin Arts Association of Fort Worth) plans to sustain the program after the CCPD funding lapses by increasing other gifts, since we hope to keep our programming free of charge. We are working in collaboration with the Amon Carter Foundation currently with a matching gift they've awarded us. The matching gift will match dollar for dollar every gift we get from an individual donor. In this way, we hope to increase our individual donor base to completely pay for our outreach program so that we're not so reliant on grants and sponsorship. Our goal this year is to double the dollar amount we raised last year. If we're successful, we should be able to sustain the program without foundation /government subsidy. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 10/9/2007 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. Arles 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 Page 1 of 2 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) Logname: 35CCPDFY2008 Page 2 of 2