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R2000-044 03-27-00RESOLUTION NO. R2000-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH COMMUNITIES-IN-SCHOOLS FOR COUNSELING SERVICES ASSOCIATED WITH THE CITY'S 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 Communities-in-Schools, 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 Manageror his designee is hereby authorized to execute and the City Secretary to attest a contract with Communities-in-Schools for counseling services associated with the City's underage drinking project. PASSED, APPROVED and ADOPTED this March , A.D., 2000. the 27th day of TOM REID MAYOR ATTEST: ~ ~tlTY~CRETARY~ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 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 communities-In-Schools, Service Provider, and in aid of CJD Grant No.AH~99-J21-14925, 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 4/01/00, and shall end on 9/30/00, 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 Provider 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 the contract provision as in Section 36, Common Rule of OMB, of the above standards. The Grantee Agency shall keep all project records. ¸3. Records shall be retained for at least three years following closure of the most recent audit report and until any outstanding litigation, audit or claim has been resolved. Records are subject to inspection by CJD or any state or federal agency authorized to inspect the same. The Service Provider will furnish the following: 1 FTE At-Risk Counselor in Peafland to serve students who abuse 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 Peafland, Texas. Counseling services should include assessment, personal counseling, group 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 $33,000, of the total amount of the grant) will be made by reimbursement as follows: 1) $45.00 for each hour of counseling provided, not to exceed 720 hours; 2) $30.00 per individual for each hour of group counseling, not to exceed 440 client/hours. Please note that billing maximum hours in both group and individual counseling will exceed the contract maximum. 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 Provider 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 Provider. 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. 10. The Agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 11. The Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 12. This Agreement may only be amended, modified, or supplemented in writing and subsequently dated by City and Service Provider. 13. This contract shall automatically terminate on the grant expiration date or any extension date thereof granted by CJD or upon termination of the underlying grant by CJD. All services billed hereunder must be rendered within the grant period. ACCEPTED BY: Sig~a~ore of AuthoriZed Official March 28, 2000 Da~ Glen Erwin, City Manager Name & Title (pleaseprintor typ~ April 6, 2000 Date Robert C. Garcia, Executive Director Name & Title (please print or type) City of Pearland Name of Grantee Agency 3519 Liberty Drive Address(stre~ orpostofficeboO Pearland, Texas 77851 (281) 652-1600 City/State/Zip/Telephone # (include area code) Communities In Schools of Brazoria Name of Service Provider County, Inc. 500 N. Chenango, Ste. 207 Address (street or post office box) An~leton, TX 77515 (713) 869-7373 ext. City/State/Zip/Telephone # (include area code) 271