HomeMy WebLinkAboutP-21-502 Corrective Solutions w CIS.pdfCONTRACT INFORMATION SHEET
DATE: 1/10/2022
Contract No.: P-21-502 Vendor Number: 0000287119
Contract Title: Post-Plea Misdemeanor Name/Address: American Justice Solutions, Inc
Diversion Program dba Corrective Solutions
25910 Acero, Suite 100
Mission Viejo, CA 92691
Contract Period: 12/10/21 – 12/9/2024 Contact: Karen Boyd
Using Agencies: District Attorney 800-376-8918
Email: kboyd@correctivesolutions.org
Terms: Net 45
Total Contract Amt.: $0.00 (no cost to County)
Buyer Name: Heather Stevens
Requisition No: 8602200037 Org: 2860
Supersedes:
X NEW RENEWAL AMENDMENT
X TICK DATE 10/9/24 X REFERENCE (RFQ# / RFP#) RFP 22-008
DESCRIPTION: Provide services associated with a post=plea misdemeanor diversion program.
SPECIAL INSTRUCTIONS: 3+1+1
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: District Attorney
REQUISITIONER: Ruth Falcon
Rev 1/3/2017
333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110
* The County of Fresno is an Equal Employment Opportunity Employer *
County of Fresno
INTERNAL SERVICES DEPARTMENT
Facilities • Fleet • Graphics • Purchasing • Security • Technology
PROCUREMENT AGREEMENT
Agreement Number P-21-502
January 7, 2022
American Justice Solutions, dba CorrectiveSolutions
25910 Acero Suite 100
Mission Viejo, CA 92691
The County of Fresno (County) hereby contracts with American Justice Solutions, dba CorrectiveSolutions
(Contractor) to provide services associated with a post-plea misdemeanor diversion program in accordance
with the text of this agreement, Attachment “A”, County of Fresno Request for Proposal No: 22-008 and the
attached contractors response to County of Fresno Request for Proposal No: 22-008 by this reference made
a part hereof.
TERM: This Agreement shall become effective December 10, 2021 and shall remain in effect through
December 9, 2024.
EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual
written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County
reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A”
attached, at the rates set forth in Attachment “A”.
ORDERS: Orders will be placed on an as-needed basis by Fresno County District Attorney under this
contract.
PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the
life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no
less than thirty (30) days prior to becoming effective.
COST: All services provided under this agreement shall be at no cost to the County.
ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as
deemed necessary. Such additions shall be made in writing and signed by both parties.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from another
source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any
other legal means available to the County. The prices paid by County shall be considered the prevailing
market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not
meet specifications, will be at the expense of Contractor.
PROCUREMENT AGREEMENT NUMBER: P-21-502 Page 2
American Justice Solutions, dba CorrectiveSolutions
January 7, 2022
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TERMINATION: The County reserves the right to immediately terminate this Agreement upon written notice
to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or
supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they
be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel
engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased
goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible
condition all books, documents, papers, data files and other records related to its performance under this
contract. Such records shall be complete and available to Fresno County, the State of California, the federal
government or their duly authorized representatives for the purpose of audit, examination, or copying during
the term of the contract and for a period of at least three years following the County's final payment under the
contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records
must be retained in the manner described above until all pending matters are closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under this
Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and
employees from any and all claims for damage or other liability, including costs, expenses (including
attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected
with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this
Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages,
liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or
damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under
this Agreement.
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two
Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars
($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific
coverage including completed operations, product liability, contractual liability, Explosion-Collapse-
Underground, fire legal liability or any other liability insurance deemed necessary because of the nature
of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should
include any auto used in connection with this Agreement.
C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the
California Labor Code.
PROCUREMENT AGREEMENT NUMBER: P-21-502 Page 3
American Justice Solutions, dba CorrectiveSolutions
January 7, 2022
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E. Cyber Liability: Cyber Risks include but are not limited to (i) Security Breaches, which may include
Disclosure of Personal Information to an Unauthorized Third Party; (ii) breach of any of the Contractor’s
obligations under Section # of this Agreement; (iii) infringement of intellectual property, including but not
limited to infringement of copyright, trademark, and trade dress; (iv) invasion of privacy, including release
of private information; (v) information theft; (vi) damage to or destruction or alteration of electronic
information; (vii) extortion related to the Contractor’s obligations under this Agreement regarding
electronic information, including Personal Information; (viii) network security; (ix) data breach response
costs, including Security Breach response costs; (x) regulatory fines and penalties related to the
Contractor’s obligations under this Agreement regarding electronic information, including Personal
Information; and (xi) credit monitoring expenses.
Additional Requirements Relating to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of
Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall
apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers,
agents and employees shall be excess only and not contributing with insurance provided under Contractor's
policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days
advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts
paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely
responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of
subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not
Contractor obtains such an endorsement.
Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as required
herein, to the County of Fresno District Attorney, Attn: Ruth Falcon, 2100 Tulare Street, Fresno, CA
93721, stating that such insurance coverage have been obtained and are in full force; that the County of
Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such
Commercial General Liability insurance names the County of Fresno, its officers, agents and employees,
individually and collectively, as additional insured, but only insofar as the operations under this Agreement
are concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only
and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall
not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County.
Certificates of Insurance are to include the contract number at the top of the first page.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County
may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of
such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance
purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or
better.
COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish
proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor
under this Agreement, it is mutually understood and agreed that Contractor, including any and all of
Contractor's officers, agents, and employees will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint
venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise
or direct the manner or method by which Contractor shall perform its work and function. However, County
PROCUREMENT AGREEMENT NUMBER: P-21-502 Page 4
American Justice Solutions, dba CorrectiveSolutions
January 7, 2022
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shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations
in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment
rights and benefits available to County employees. Contractor shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor
shall be solely responsible and save County harmless from all matters relating to payment of Contractor's
employees, including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to
others unrelated to the County or to this Agreement.
NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the written consent of the other party.
AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County
with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments,
writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature
whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set
forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both
parties.
INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this
Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the
text of this Agreement (excluding Attachment "A", County's Request for Proposal No. 22-008 and the
Contractor's Quote in response thereto); (2) Attachment "A"; (3) the County's Request for Proposal No. 22-
008 and (4) the Contractor's Proposal made in response to County's Request for Proposal No. 22-008.
GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the
State of California. Venue for any action shall only be in County of Fresno.
ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic
signature as provided in this section.
A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement
to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an
original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF
document) of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid
original handwritten signature of the person signing this Agreement for all purposes, including but not
limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and
effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in
the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section
1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of
Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other
party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means
and either party may sign this Agreement with an original handwritten signature.
PROCUREMENT AGREEMENT NUMBER: P-21-502 Page 5
American Justice Solutions, dba CorrectiveSolutions
January 7, 2022
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SOLUTIONS.DOCX
Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or
USPS.
Please refer any inquiries in this matter to Bryan Hernandez, Purchasing Analyst, at 559 600-7117 or
bhernandez@fresnocountyca.gov.
FOR THE COUNTY OF FRESNO
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:BH
PROCUREMENT AGREEMENT NUMBER: P-21-502 Attachment Page 1 of 1
American Justice Solutions, dba CorrectiveSolutions
January 7, 2022
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COST PROPOSAL
Group I- County
Amount or percentage of diversion fees payable to County $ 50.00
RFP requirements are that the program will be at no cost the Fresno County District Attorney’s Office
Group II- Participants
Program costs to participant $265.00
(If a second class is required, the
second class will be discounted to a
cost of $150 per class)
Diversion fee $ 50.00 (payable to the County)
Administration fees or collection charges $ 0 – No charge
Missed class fees $ 0 – No charge if cancelled 48 hours
prior to class
$25 if cancelled less than 48 hours
before class
Missed payment fees $ 0.00 – No charge
Payment plans for defendants (Y/N) Yes
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Contractor’s Response to
County of Fresno
Request for Proposal
No. 22-008
25910 Acero, Suite 100
(800) 325-3910 ext. 131
COUNTY OF FRESNO
REQUEST FOR PROPOSAL
NUMBER: 22-008
POST-PLEA MISDEMEANOR DIVERSION PROGRAM
Issue Date: September 8, 2021
Closing Date: OCTOBER 6, 2021 AT 2:00 PM
All Questions and Responses must be electronically submitted on the Bid Page on Public Purchase.
For assistance, contact Bryan Hernandez at Phone (559) 600-7110.
BIDDER TO COMPLETE
Undersigned agrees to furnish the commodity or service stipulated in the attached at the prices and terms
stated in this RFP.
Bid must be signed and dated by an authorized officer or employee .
American Justice Solutions, dba CorrectiveSolutions
COMPANY
Karen Boyd__________________________________________________________________________
CONTACT PERSON
25910 Acero, Suite 100
ADDRESS
Mission Viejo, California 92691
CITY STATE ZIP CODE
(800) 376-8918 direct line (714) 454-5211 mobile kboyd@correctivesolutions.org
TELEPHONE NUMBER E-MAIL ADDRESS
____________________________________________________________________________________
AUTHORIZED SIGNATURE
Karen Boyd Executive Vice President
PRINT NAME TITLE
Each proposal submitted is public record under the California Public Records Act (Cal. Gov. Code, secs. 6250 and following) and is therefore
open to inspection by the public as required by Section 6253 of the California Government Code. This section generally states that "every
person has a right to inspect any public record". The County will not exclude any proposal or portion of a proposal from treatment as a public
), and
y other terms that
might state or suggest restricted public access will not be excluded from treatment as public record.
"Trade secrets" as defined by Section 6254.7 of the California Government Code are not treated as a public record under that section. This
section defines trade secrets as:
"...Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data or compilation of information that is not patented, which is known only to certain individuals within a commercial
concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user
an opportunity to obtain a business advantage over competitors who do not know or use it."
chase system.
Bidders must include a clear and concise statement that sets out the reasons for confidentiality in accordance with the foregoing definition of
nces, and the like.
Information submitted by a bidder as "trade secret" will be reviewed by County of Fresno's Purchasing Division, with the assistance of the
-conformance to the foregoing definition.
conform to the definition will not become public
record (if not otherwise subject to disclosure, as stated below). The County will safeguard this information in an appropriate manner, provided
however, in the event of a request, demand, or legal action by
will inform the bidder of such request, demand, or legal action, and the bidder shall defend, indemnify, and hold harmless the County, including
its officers and employees, a
Information submitted by bidder as trade secret and determined by the County not to be in conformance with the foregoing California
Government Code definition shall be excluded from the proposal and deleted by the County.
The County shall not in any way be liable or responsible for the disclosure of any proposals or portions thereof, if (1) they are not electronically
submitted in a separate PDF that is marked "Trade Secret" and marked as Confidential in the Public Purchase system; or (2) disclosure thereof
is required or allowed under the law or by order of court.
Bidders are advised that the County does not wish to receive trade secrets and that bidders are not to supply trade
secrets unless they are absolutely necessary.
I have read and understand and agree to the above "Trade Secret Acknowledgement."
BIDDER MUST CHECK ONE OF THE FOLLOWING:
ent Code, and in
compliance with the requirements of this Trade Secrets Acknowledgement?
NO
_____ YES __X___ NO
ACKNOWLEDGED AND AGREED BY BIDDER:
____________________________________________________________________________October 19, 2021 ______________________
Signature Date
Karen Boyd___________________________________________________________________Executive Vice President ________________
Print Name Title
CERTIFICATION
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it, its owners,
officers, corporate managers and partners:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Signature: ________________________________________ Date:___October 19, 2021___
Karen Boyd, Executive Vice President __________ CorrectiveSolutions_________
(Printed Name & Title) (Name of Agency or Company
The County of Fresno is a member of the California Association of Public Procurement Officials (CAPPO)
Central Valley Chapter. This group consists of Fresno, Kern, Kings, and Tulare Counties and all
governmental, tax supported agencies within these counties.
Whenever possible, these and other tax supported agencies co-op (piggyback) on contracts put in place
by one of the other agencies.
Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make
payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original
contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate
whether you would extend the same terms and conditions to all tax supported agencies within this group
as you are proposing to extend to Fresno County.
* Note: This form/information is not rated or ranked for evaluation purposes.
Yes, we will extend contract terms and conditions to all qualified agencies within the California
Association of Public Procurement Officials (CAPPO) Central Valley Chapter and other tax
supported agencies.
No, we will not extend contract terms to any agency other than the County of Fresno.
____________________________________________________________________________________
(Authorized Signature)
Executive Vice President
_____________________________________________________________________________
Title
1.
2.
3.
4.
5.
Year
(1)
Number of
referrals
(2)
Total vendor fees
collected
(3)
* 86% of
completed
referrals
(4)
Average Cost per
participant NOT
including DA fee
difference average
cost paid vs. stated
program cost
2017 307 $ 203,840.00 264 $ 772.06 $ 492.06
2018 371 $ 104,840.00 319 $ 328.59 $ 48.59
2019 349 $ 122,920.00 300 $ 409.54 $ 129.54
2020 206 $ 73,080.00 177 $ 412.51 $ 132.51
Just before coming into the program my drug use was sporadic and becoming
a serious problem again, as I have had serious addiction problems in the past.
I have almost finished the program and have stayed clean. The program has
helped me a lot to stay clean. I learned a lot about addiction and recovery and
I feel better prepared for a sober life. The classes were very helpful. I plan to
stay clean and sober, return to school, and continue to improve my life.
I want to thank you guys, the courts, and the DA for helping me to get over my
addiction. You have a good program
Jon T.
Post Plea Program Participant
I initially thought doing the class would not benefit me at all. After taking the
class my perception changed. The class was very valuable and informative. It
tackled all aspects that you would not think is connected to what is going on
with your life. I want to commend Rebekah and Steven for being hands on in
conducting the class. They were good in making sure everyone was
participating and the flow of the class was very easy.
M. Erickson
Diversion Program participant
1.
2.
3.
o
o
o
o
o
o
o
o
Proposal No. 22-008
CHECK LIST
This Checklist is provided to assist vendors in the preparation of their RFP response. Included are
important requirements the bidder is responsible to submit with the RFP package in order to make the
RFP compliant.
Check off each of the following (if applicable):
1. ____X____ Signed cover page of Request for Proposal (RFP).
2. ____X____ Check http://www.FresnoCountyCA.gov/departments/internal-services/purchasing/bid-
opportunities for any addenda.
3. ___ X____ Signed cover page of each Addendum.
4. ____X____ Provide a Conflict-of-Interest Statement.
5. ____X____ Signed Trade Secret Form as provided with this RFP (Trade Secret Information, if
provided, must be electronically submitted in a separate PDF file and marked as
Confidential).
6. ____X____ Signed Criminal History Disclosure Form as provided with this RFP.
7. ____X____ Signed Participation Form as provided with this RFP.
8. ____X____ The completed Reference List as provided with this RFP.
9. ____X____ Indicate all of bidder exceptions to the Co
specifications as stated within this RFP.
10.____X____
Purchase.
Return Checklist with your RFP response
25910 Acero, Suite 100
(800) 325-3910 ext. 131