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R99-038 04-26-99RESOLUTION NO. R99-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE COUNCIL ON SUBSTANCE ABUSE OF SOUTHEAST TEXAS FOR COUNSELING SERVICES ASSOCIATED WITH THE PEARLAND UNDERAGE DRINKING PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and the Council on Substance Abuse of Southeast Texas, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached contract with the Council on Substance Abuse of Southeast Texas for counseling services associated with the Pearland Underage Drinking Project. PASSED, APPROVED , a.d., 1999. ATTEST: APPROVED AS TO FORM: and ADOPTED this the ~J'h TOM REID MAYOR day of DARRIN M. COKER CITY ATT O R N EY CONTRACT BETWEEN GRANTEE AND THIRD PARTY STATE OF TEXAS COUNTY OF BRAZORIA EXHIBIT This contract is by and between the City of Pearland, Grantee and Council on Substance Abuse of Southeast Texas, Service Provider, and in aid of CJD Grant No. AH-98-J01-13219, titled: Pearland Underage Drinking Project. It is understood by all parties that payment obligations created by this contract are conditioned upon the availability of State or Federal funds appropriated or allocated for the payment of such obligations. The term of this contract shall commence on 4/27/99, and shall end on 8/31/99, unless extended or terminated as otherwise provided for in this contract. , , , The City is responsible for closely monitoring the Service Provider and the exercise of reasonable care to enforce all terms and conditions of the grant. Service Prorider agrees to fully cooperate in the monitoring process. , Requirements of the Uniform Grant and Contract Management Standards (UGCMS) promulgated pursuant to Section 783, of the Government Code are adopted by reference as part of this contract, including thei contract provision as in Section 36, Common Rule of OMB, of the above standards. The Grantee Agency shall keep all project records. The Service Provider will furnish the following: 1 FTE At-Risk Counselor in Pearland to serve students who have issues with alcohol or who are at risk. The Counselor must be licensed and should be based in a Pearland Independent School District facility or in an accessible community facility in Pearland, Texas. Counseling services should include assessment, personal counseling, and referral to other appropriate services. Services must be available to all youth in the Pearland Independent School District. Payment for the above (not to exceed $32,511, of the total amount of the grant) will be made by reimbursement as follows: $45.00 for each hour of counseling provided, not to exceed 720 hours. Billing for the above will be provided in the same manner as it would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other item provided and the basis for the billing rate. In the event of a default of the Service Provider, the Grantee Agency may cancel or suspend the contract and the Service Prorider shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances must be complied with by the Service Prorider. Failure to comply with this requirement shall be treated as a default. City and Service Provider each hereby agree, to the extent allowable by law, to defend, hold harmless, and indemnify the other, its officers, agents and employees for any claims for injury or death of any person or any property damage arising out of each party's respective performance of obligations under this Agreement. The Agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 10. The Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 11. This Agreement may only be amended, modified, or supplemented in writing and subsequently dated by City and Service Prorider. 12. services billed hereunder must be rendered within the grant period. ACCEPTED BY: date thereof granted by CJD or upon termination of the underlying grant by CJD. This contract shall automatically terminate on the grant expiration date or any extension All mrized Ofrgial Signature of Authorized Official April 28, 1999 Date Date Glen Erwin, City Manager Name & Title (please print or type) Name & Title (please print or type) City of Pearland Name of Grantee Agency Name of Service Prorider 3519 Liberty Drive Address (street or post office box) Address (street or post office box) Pearland, Texas 77581 (281) 485-2411 CitY/State/Zip/Telephone # (include area code) CitY/State/Zip/Telephone # (include area code)