HomeMy WebLinkAboutE-5 Staff Report - APU MOU SAMHSACONSENT ITEM
E-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES
DATE: FEBRUARY 21, 2023
SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING (MOU) WITH AZUSA
PACIFIC UNIVERSITY COMMUNITY COUNSELING CENTER FOR MENTAL
HEALTH SERVICES
BACKGROUND:
The City of Azusa has been awarded a grant from the Substance Abuse and Mental Health Services
Administration (SAMHSA), which will be administered by the Community Resources Department and
brings together service providers for Azusa youth and families. These service providers will assess
needs of Azusa residents and provide services and/or referrals. Azusa Pacific University Community
Counseling Center (APU), one of the service providers, will provide programs, services, and/or
workshops that foster emotional wellbeing for families, individuals, and youths.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1)Approve a MOU with APU Community Counseling Center for SAMHSA grant deliverables;
and,
2) Authorize the City Manager to execute the MOU with APU Community Counseling Center, in a
form acceptable to the City Attorney, on behalf of the City.
ANALYSIS:
The purpose of this MOU is to establish the terms and conditions under which APU will provide
services for the City of Azusa Youth & Family Center. APU’s Community Counseling Center (APU),
offers community based mental health and psychological assessments across the San Gabriel Valley
(SGV), treating diverse issues including depression, anxiety, substance use, domestic violence, PTSD,
and various forms of trauma.
APPROVED
CITY COUNCIL
2/21/2023
APU Community Counseling Center MOU
February 21, 2023
Page 2
FISCAL IMPACT:
There is no fiscal impact to the General Fund for this MOU. The MOU amount of $100,000 will be
funded by the City of Azusa SAMHSA grant.
Prepared by: Reviewed by:
Nikki Rosales Miki Carpenter
Senior Management Analyst Director of Community Resources
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1. MOU – APU Community Counseling Center
45635.01000\40065998.7
1
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF AZUSA
AND AZUSA PACIFIC UNIVERSITY(APU)
This Memorandum of Understanding (the “MOU”) is made this 21stday of February, 2023,
by and between the City of Azusa, a California municipal corporation organized under the laws of
the State of California (“City”), and Azusa Pacific University, a religious nonprofit California
corporation (“APU”). City and Azusa Pacific University are sometimes hereinafter referred to
individually as “Party” or collectively as “Parties”.
The Parties enter into this MOU on the basis of the following facts, understandings, and
intentions.
RECITALS
WHEREAS, the City of Azusa (“City”) is a California municipal corporation;
WHEREAS, APU Community Counseling Center is part of a four-year accredited
university that has been in operation since 1899.
WHEREAS, the City applied for and was subsequently awarded a Department of Health
and Human Services, Substance Abuse and Mental Health Services Administration grant;
WHEREAS, APU and the City desire to partner to reduce the impact of substance use and
mental illness in the community of Azusa;
WHEREAS, the Parties desire to enter this memorandum of understanding, to define the
responsibilities of the Parties to each other in accomplishing this purpose.
NOW, THEREFORE, the Parties understand and agree as follows:
1.Incorporation of Recitals. The Recitals are incorporated herein and made an
operative part of this MOU.
2.Purpose. The purpose of this MOU is to establish the terms and conditions under
which Azusa Pacific University will provide services for the City of Azusa Youth & Family
Center. APU’s Community Counseling Center (CCC), offers community based mental health and
psychological assessments across the San Gabriel Valley (SGV), treating diverse issues including
depression, anxiety, substance use, domestic violence, PTSD, and various forms of trauma.
3.Term of MOU. This MOU is effective upon the day and date last signed and
executed by the duly authorized representatives of the parties to this MOU and the governing
bodies of the parties’ respective counties or municipalities and shall remain in full force and effect
until terminated, with or without cause, by either party upon written notice, which notice shall be
delivered by hand, email or by certified mail to the address listed above.
Attachment 1
45635.01000\40065998.7
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4. Responsibilities of City of Azusa. City shall:
A. Designate a point person as principal contact.
B. Market and promote program to the youth and families.
C. Assist and coordinate signups to program.
D. Ensure APU staff have required equipment for the delivery of services.
E. Utilize marketing materials that include the Azusa Pacific University logo
through existing channels.
F. Meet regularly and as needed to provide updated information and address
any concerns.
G. Assist and cause Azusa Pacific University to receive payment for services
at a rate of $100,000 for federal fiscal year ending 9/29/23, billable in agreed
upon increments.
H. Engage in other activities and take on other responsibilities as reasonably
requested by Azusa Pacific University.
5. Responsibilities of APU. Azusa Pacific University Community Counseling Center
shall:
A. Provide programs, services, and/or workshops that foster emotional
wellbeing for families, teens and their families.
B. Ensure that APU staff, students, and interns are appropriately trained to
deliver effective services.
C. Provide customizable marketing and promotional materials.
D. Meet regularly and as needed to provide updated information and address
any concerns.
E. Participate in meetings or reporting that is required by the funder.
6. General Provisions
A. Insurance. Azusa Pacific University shall be responsible for all necessary
insurance coverage based on Azusa Pacific University structure and activities, including but not
limited to general commercial liability insurance, in amounts satisfactory to the City. Azusa
Pacific University and City shall notify each other of any liability issues concerning the grant
program activities.
B. Compliance with Applicable Law. In the performance of this MOU,
Azusa Pacific University shall comply with all applicable Federal, State, and local laws, rules,
45635.01000\40065998.7
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regulations, ordinances, directives, guidelines, policies and procedures, and all provisions required
thereby to be included in this MOU are hereby incorporated herein by reference. Azusa Pacific
University hereby agrees to abide by all applicable federal, state, county, and local mandates and
guidelines related to COVID-19 health safety protocols during the seven-week pilot program.
C. Amendments. Either party may request changes to this MOU. All changes,
modifications, or amendments to this MOU, must be in the form of a written Amendment executed
by both parties. Any changes, modifications, revisions, or amendments to this MOU which are
mutually agreed upon by and between the parties to this MOU shall be incorporated by written
instrument, and effective when executed and signed by all parties to this MOU.
D. Termination. This MOU may be terminated by either Party upon 7 days
written notice.
E. Governing Law& Venue. The construction, interpretation and
enforcement of this MOU shall be governed by the laws of the State of California. The courts of
the State of California shall have jurisdiction over any action arising out of this MOU and over the
parties, and the sole and exclusive venue shall be the Los Angeles County, California.
F. Entirety of Agreement. This MOU, consisting of four pages, represents
the entire and integrated agreement and understanding between the parties on this subject and
supersedes all prior negotiations, representations, and agreements, whether written or oral. Azusa
Pacific University and City understand, acknowledge and agree that no Party, or any agent or
attorney for any Party, has made any promise, representation or warranty of any kind whatsoever,
express or implied, not contained herein to induce the execution of this MOU. Azusa Pacific
University and City understand, acknowledge and agree that this MOU has not been executed in
reliance upon any promise, representation, or warranty not contained herein.
G. Severability. Should any term or portion of this MOU be held to be invalid,
illegal, void or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this MOU shall continue in full force and effect, and either party may renegotiate the
terms affected by the severance.
H. Notices. All notices, demands and communications between Azusa Pacific
University and City shall be in writing and shall be given by personal delivery, registered mail
(return receipt requested, with postage prepaid), Federal Express, electronic mail, or any other
reliable private express delivery service to the following addresses:
As to the City: As to Azusa Pacific University: With copy to:
Community Resources Department Community Counseling Center General Counsel
213 E. Foothill Blvd. 901 E. Alosta Avenue 901 E. Alost Avenue
Azusa, CA 91702 Azusa, CA 91702-7000 Azusa, CA 91702-7000
Attn: Miki Carpenter Attn: Sally Mansour Attn: James Buckley
Director of Community Resources Executive Director
45635.01000\40065998.7
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I. Sovereign Immunity. City, and its respective governing bodies and
agencies, do not waive its sovereign immunity by entering into this MOU. City retains all
immunities and defenses provided by law with respect to any action based on or occurring as a
result of this MOU.
J. Mutual Indemnification. To the fullest extent permitted by law, Azusa
Pacific University and City shall indemnify, defend, and hold harmless the other party and its
Board, members of the Board, employees, and authorized volunteers, against any and all claims,
liabilities, expenses or damages, including reasonable attorneys’ fees, of any kind which arise in
connection with this MOU, except to the extent caused or resulting from the negligence or willful
misconduct of the indemnitee, its Board, members of the Board, employees, or authorized
volunteers. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or
defending such action and the attorneys’ fees incurred in such an action. This hold harmless
agreement shall apply to all such liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the Azusa Pacific University or City.
K. Third Party Beneficiary Rights. The parties do not intend to create in any
other individual or entity the status of a third-party beneficiary, and this MOU shall not be
construed so as to create such status. The rights, duties and obligations contained in this MOU
shall operate only between the parties to this MOU and shall inure solely to the benefit of the
parties to this MOU. The provisions of this MOU are intended only to assist the parties in
determining and performing their obligations under this MOU. The parties to this MOU intend and
expressly agree that only parties signatory to this MOU shall have any legal or equitable right to
seek to enforce this MOU, to seek any remedy arising out of a party’s performance or failure to
perform any term or condition of this MOU, or to bring an action for the breach of this MOU.
L. Additional Documents. At Azusa Pacific University request, City will, at
no additional cost or expense to Azusa Pacific University, execute and deliver such further
documents consistent herewith and perform such further acts consistent herewith as may be or
become reasonably necessary or desirable to effectuate the purposes of this MOU after reasonable
opportunity to review such documents and request changes. Such additional document may be, for
example, a long form agreement or such other documents that are customarily and/or traditionally
executed by parties collaborating in the ways and manners summarized herein.
7. Signatures. In witness whereof, the parties to this MOU through their duly
authorized representatives have executed this MOU on the days and dates set out below, and certify
that they have read, understood, and agreed to the terms and conditions of this MOU as set forth
herein.
45635.01000\40065998.7
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The effective date of this MOU is the date of the signature last affixed to this page.
City of Azusa
____________________________________
Sergio Gonzalez, City Manager
_________________________________
Date
Azusa Pacific University
____________________________________
Robert Duke
Director, Office of Research & Grants
_________________________________
Date