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HomeMy WebLinkAboutItem 31 - Agreements for Incarcerated Persons Counseling Services Police Department www.santa-ana.org/police Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 2, 2025 TOPIC: Incarcerated Persons Counseling Services AGENDA TITLE Agreements with Luis Raul Martinez, and Jacob Joseph and Jabez Family Counseling and Professional Services Group Inc. for Incarcerated Persons Counseling Services (Specification No. 25-103) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with the following consultants to provide incarcerated persons counseling services for a term beginning December 2, 2025 and expiring December 1, 2028. Luis Raul Martinez – $140,000 (Agreement No. A-2025-XXX); Jacob Joseph and Jabez Family Counseling and Professional Services Group Inc. – $140,000 (Agreement No. A-2025-XXX) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Jail (SAJ) has made professional counseling services available to our incarcerated person population for approximately 20 years through contractual agreements with selected contractors. This service offering aligns with California Title 15 Minimum Jail Standards as well as correctional best practices. The most recent contracts for these services were authorized by City Council in 2014, 2017, and 2022. For the current contract cycle, the Police Department and City Purchasing conducted a Request for Proposals (RFP) process to gauge the market and determine whether alternative service providers were a feasible option. The RFP process resulted in the selection of two vendors; Luis Martinez, a longtime SAJ counseling contractor, and Jacob Joseph and Jabez Counseling Group, a new vendor. Through counselor Martinez, SAJ retains a counselor with tremendous experience providing services to incarcerated persons, and through Jacob Joseph and Jabez Counseling Group, SAJ gains access to Incarcerated Persons Counseling Services December 2, 2025 Page 2 5 4 6 2 a pool of licensed counseling professionals that is customizable and scalable to the needs of our population at any given moment. The California Board of State and Community Corrections, Title 15 requires adult correctional facilities provide counseling services for their incarcerated person populations. These services are crucial in providing care required by the federal Prison Rape Elimination Act and industry standards associated with suicide prevention protocols. Request for Proposals (RFP) No. 25-103 was issued on July 23, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 282 Vendors notified 16 Santa Ana vendors notified 23 Vendors downloaded the RFP packet 4 Responsive proposals received 1 Responsive proposal received from Santa Ana vendor Proposals were solicited, opened on August 20, 2025, and evaluated. Four proposals were submitted by the RFP deadline and were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Luis Raul Martinez, and Jacob Joseph and Jabez Family Counseling and Professional Services Group Inc. (Triple J Family Services) were the most responsive, capable, and cost-effective proposals. Both consultants are well qualified and have experience providing individual and group counseling services to incarcerated individuals. These agreements support the provision of one-on-one and group counseling and instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, and chemical dependency avoidance to the population housed in the Santa Ana Jail. In-house professional counselors are an important resource in the effort to help this population more smoothly reintegrate with their communities upon release. These services ensure this critical resource continues to be provided to the incarcerated population. Staff recommends awarding agreements with Luis Raul Martinez (Exhibit 1) and Triple J Family Services (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Incarcerated Persons Counseling Services December 2, 2025 Page 3 5 4 6 2 FISCAL IMPACT Funding is available in the FY 25-26 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows: Fiscal Year Accounting Unit - Account No.Fund Description Accounting Unit, Account Description Amount FY 25-26 02314475-62300 Inmate Welfare Fund Inmate Welfare Fund, Contract Services Professional $ 54,445 FY 26-27 02314475-62300 Inmate Welfare Fund Inmate Welfare Fund, Contract Services Professional $ 93,330 FY 27-28 02314475-62300 Inmate Welfare Fund Inmate Welfare Fund, Contract Services Professional $ 93,330 FY 28-29 02314475-62300 Inmate Welfare Fund Inmate Welfare Fund, Contract Services Professional $ 38,895 TOTAL $280,000 The annual amounts above are estimates and subject to change. EXHIBIT(S) 1. Agreement with Luis Raul Martinez 2. Agreement with Jacob Joseph and Jabez Family Counseling and Professional Services Group Inc. Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nuñez, City Manager AGREEMENT WITH LUIS RAUL MARTINEZ TO PROVIDE INMATE COUNSELING SERVICES THIS AGREEMENT is made and entered into on this 2"o day of December, 2025 by and between Luis Raul Martinez, ("Consultant"), and the City of Santa Aria, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (((Oiaty))) RECIT ALS A.On July 23, 2025, the City issued Request for Proposal No. 25-103 ("RFP") seeking a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B.Consultant is one of two vendors selected to provide the services pursuant to the Scope of Work in the RFP and attached hereto as Exhibit A to this Agreement. Consultant represents that he is able and willing to provide such services to the City. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total paytnent for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of tis Agreement shall not exceed $140,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all paytnents due and owing under this Agreement shall be made tmough Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required Page 1 of 8 Exhibit 1 documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and continue for a three (3) year term, unless terminated earlier in accordance with Section 15, below. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellechial property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6.INSURANCE Insurance requirements are attached hereto as Exhibit C. 7.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal Page 2 of 8 injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section l of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restihition, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final paytnent to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10.CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all Page 3 of 8 nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or inpart) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. Page 4 of 8 12.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the teims of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any ternns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless proibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropnate. b.Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 8 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) p.o. Box 1988 Santa Aria, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza Santa Ana, California 92702 Page 6 of 8 To Consultant: Luis Raul Martinez 301 West 2nd Street, #241 Santa Aa'ia, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signahire page to follow] Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA Jennifer L. Hall City Clerk Alvaro Nufiez City Manager AJ'PROVED AS TO FORM: SONIA R. CARVALHO City Attorney CONSULTANT: Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Robert Rodriguez Chief of Police Page 8 of 8 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBITI SCOPE OF SERVICES Consultant shall perform services as set forth below. 1. SCOPE OF SERVICES The City of Santa Ana is seeking an experienced consultant(s) to provide on-site counseling services for incarcerated persons. Specific responsibilities include, but are not limited to: a. Mustbeavailableforatleastten(10)hoursperweektoperformthefollowingservices: i. On-site individual counseling services as needed to incarcerated persons at the Santa Ana Jail. ii. The Consultant(s) shall be trained in trauma-informed practices pertaining to incarcerated individuals. The consultant shall be trained in crisis prevention, de- escalation techniques, crisis intervention and debriefing skills pertaining to incarcerated individuals. iii. Respond to referrals from correctional supervisors, to provide evaluations for mental health conditions including; anxiety, and depression. iv. The consultant shall be trained in the recognition of mental health conditions such as psychosis and suicidal ideation. v. Individual crisis intervention and counseling to incarcerated persons at the Santa Ana Jail. Respond to mental health emergencies, such as illicit drug withdrawal self-harm and suicide threats. 1. The Consultant(s) must be available 24 hours a day, 7 days a week, including holidays, to respond to emergency call outs within eight (8) hours. vi. Consultant(s) must disclose private information without the consent of the incarcerated person in order to protect themselves or the public from serious harm, e.g., self harm, suicidal ideations, or harm of another person. vii. Consultant(s) must repof ongoing domestic violence, abuse or neglect of children, the elderly or people with disabilities, or victims falling within the PREA. viii. Proposers shall be able to provide individual counseling to incarcerated persons dealing with trauma, grief, substance abuse and managing emotions; using therapeutic approaches including but not limted to Cognitive Behavioral Therapy (CBT), Dialectical Behavioral Therapy (DBT), or trauma-informed care and relapse prevention and healthy coping skills. ix. Consultant(s) must prepare treatment planning and case management to ensure the best care for incarcerated individuals. x. Proposers must prepare a treatment plan for incarcerated individuals to address continuous mental health care outside of the Santa Ana Jail. xi. Counseling services will only be available to incarcerated persons while they are in custody of the Santa Ana Jail. Once an incarcerated person is released from the facility, all services provided by the Consultant(s) must conclude. City of Santa Ana RFP 25-103 Page 17 of 33 CITY OF SANTA ANA xii. Proposers shall provide group counseling/therapy by delivering instructional and/or counseling services in the following program areas to selected inmates: 1. Anger management 2. Stress reduction 3. Conflict management and resolution 4. Domestic violence Avoidence 5. Chemical dependency 6. Life skills 7. Family relationship conseling 8. Community resources xiii. Provide incarcerated persons in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow-up to the program material they've received at Santa Ana Jail. xiv. Proposers may include provisions outside of the scope of services deemed necessary to achieve the goals of the RFP. XV. prO an InVOICe n O: unique InVOICe number, dates of service, hours worked, hourly rate, name of Consultant(s) and services provided on a monthly basis. City of Santa Ana RFP 25-103 Page 4 8 of 33 EXHIBIT B HOURLY RATES Fee Proposal including hourly rates if applicable Cost Proposal Individual Mental Page 08 Health Counseling lHour Session EXHIBIT C INSCE REQUIREMENTS Exhibit C - Insurance Requirements Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in coru'iection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MI SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: '[nsurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations perfortned by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. Exhibit C - hisurance Requirements 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. AGREEMENT WITH JACOB JOSEPH AND JABEZ FAMILY COUNSELING AND PROFESSIONAL SERVICES GROUP INC. TO PROVIDE INMATE COUNSELING SERVICES Jacob Joseph and Jabez Family Counseling and Professional Services Group Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECIT ALS A.On July 23, 2025, the City issued Request for Proposal No. 25-103 ("RFP") seeking a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant is one of two vendors selected to provide the services pursuant to the Scope of WorkintheRFPandattachedheretoasExhibitAtothisAgreement. Consultantrepresents that he is able and willing to provide such services to the City. C.In undertaking the performance of this Agreement, Consultant represents that it is la'iowledgeable in its field and that any services perfortned by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firtn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $140,000. b. Paytnent by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the Page l of 8 Exhibit 2 City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals wMch may reasonably be expected by City. 3.TERM TMs Agreement shall commence on the date first written above and continue for a three (3) year term, unless terminated earlier in accordance with Section 15, below. 4.ustibrbrsiiENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6.INSURANCE hisurance requirements are attached hereto as Exhibit C. Page 2 of 8 7.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restihition, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8.INTELLECTUAI, PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infffigement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10.CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such Page 3 of 8 information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of tis Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the proMbitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of tis Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (inwhole or inpart) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in Page 4 of 8 subsections (b) and (c) above. 12.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic infortnation, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthisAgreementshallprevail. ThisAgreementmaynotbemodifiedexceptbywritteninstrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Noting in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payn'ient, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Page 5 of 8 b.Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION - VENUE Tis Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and govemed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governrnental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) p.o. Box 1988 Santa Aria, CA 92702-1988 Fax: 714- 647-6956 Page 6 of 8 With courtesy copies to: Chief of Police City of Santa Aria 60 Civic Center Plaza Santa Ana, California 92702 To Consultant: Jacob Joseph and Jabez Family Counseling and Professional Services Group Inc. Attn: Dr. La Cena Jones, LMFT, DSW, M.S., MPA 6845 hidiana Ave, Ste. 201 Riverside, CA 92506 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANF,OUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 7 of8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA Jennifer L. Hall City Clerk Alvaro Nufiez City Manager APPROVED AS TO FORM: SONIA R. CARV ALHO City Attorney CONStJLTANT: B7: Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Robert Rodriguez Chief of Police Page 8 of 8 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA EXHIBITI SCOPE OF SERVICES Consultant shall perform services as set forth below. 1. SCOPE OF SERVICES The City of Santa Ana is seeking an experienced consultant(s) to provide on-site counseling services for incarcerated persons. Specific responsibilities include, but are not limited to: a. Mustbeavailableforatleastten(10)hoursperweektoperformthefollowingservices: i. On-site individual cou Santa Ana Jail. ii. The Consultant(s) shall be trained in trauma-informed practices pertaining to incarcerated individuals. The consultant shall be trained in crisis prevention, de- escalation techniques, crisis intervention and debriefing skills pertaining to incarcerated individuals. iii. Respond to referrals from correctional supervisors, to provide evaluations for mental health conditions including; anxiety, and depression. iv. The consultant shall be trained in the recognition of mental health conditions such as psychosis and suicidal ideation. v. Individual crisis intervention and counseling to incarcerated persons at the Santa Ana Jail. Respond to mental health emergencies, such as illicit drug withdrawal, self-harm and suicide threats. 1. The Consultant(s) must be available 24 hours a day, 7 days a week, including holidays, to respond to emergency call outs within eight (8) hours. vi. Consultant(s) must disclose private information without the consent of the incarcerated person in order to protect themselves or the public from serious harm, e.g., self harm, suicidal ideations, or harm of another person. vii. Consultant(s) must report ongoing domestic violence, abuse or neglect of children, the elderly or people with disabilities, or victims falling within the PREA. viii. Proposers shall be able to provide individual counseling to incarcerated persons dealing with trauma, grief, substance abuse and managing emotions; using therapeutic approaches including but not limted to Cognitive Behavioral Therapy (CBT), Dialectical Behavioral Therapy (DBT), or trauma-informed care and relapse prevention and healthy coping skills. ix. Consultant(s) must prepare treatment planning and case management to ensure the best care for incarcerated individuals. x. Proposers must prepare a treatment plan for incarcerated individuals to address continuous mental health care outside of the Santa Ana Jail. xi. Counseling services will only be available to incarcerated persons while they are in custody of the Santa Ana Jail. Once an incarcerated person is released from the facility, all services provided by the Consultant(s) must conclude. City of Santa Ana RFP 25-103 Page 17 of 33 CITY OF SANTA ANA Proposers shall provide group counseling/therapy by delivering instructional and/or counseling services in the following program areas to selected inmates: 1. Anger management 2. Stress reduction 3. Conflict management and resolution 4. Domestic violence Avoidence 5. Chemical dependency 6. Life skills 7. Family relationship conseling 8. Community resources Provide incarcerated persons in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow-up to the program material they've received at Santa Ana Jail. xiv. Proposers may include provisions outside of the scope of services deemed necessary to achieve the goals of the RFP. a a ized invoice not limited to: unique invoice number, dates of service, hours worked, hourly rate, name of Consultant(s) and services provided on a monthly basis. City of Santa Ana RFP 25-103 Page 18 of 33 EXHIBIT B HO{JRLY RATES Fee Proposal including hourly rates if applicable Exhibit B Cost Proposal Our organization invoices A FLAT FEE by the hour (60-minute increments) at a rate of $134.52 per hour. This is for client face to face services, any consultation/training with facility staff- WE WILL NOT BILL FOR training JJJ will provide to its own staff-, any required facility trainings and any technical assistance or meeting with the jail staff to be approved and scheduled in advance. Please see estimated minimiun use of hours below: Minimum expectations for monthly costs: 10 hours weekly/ 40 hours monthly- Client services l hour monthly technical assistance check-in with Jail Staff. l hour quarterly for quarterly check in. We do offer a 4.75 percent discount for payments within 21 days of a submitted invoice. **Use Or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. " 14 EXHIBIT C INS{JRANCE REQUIREMENTS Exhibit C - Insurance Requirements Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions : 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liabilitypolicies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. Exhibit C - Insurance Requirements 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Aria, Attention: Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses witin the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall fumish City with original Certificates of hisurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by t's clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.