REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
June 22, 2021
FROM
LEONARD X. HERNANDEZ, Chief Executive Officer, County Administrative Office
SUBJECT
Title
Agreement with Inland Fair Housing and Mediation Board for Alternate Dispute Resolution Services
End
RECOMMENDATION(S)
Recommendation
1. Approve Agreement with Inland Fair Housing and Mediation Board in the amount of $1,080,000 to provide in-person alternate dispute resolution services for cases filed in the Superior Court of California, County of San Bernardino for the period of July 1, 2021, through June 30, 2024, with the option to extend the term two additional one-year periods.
2. Authorize the Purchasing Agent to decrease the number of contracted monthly mediation service days by up to 10% with 30 days’ written notice to the Contractor, if revenues funding the contracted services decrease, and if in the best interest of the County.
(Presenter: Matthew Erickson, County Chief Financial Officer, 387-5423)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not impact Discretionary General Funding (Net County Cost). The Agreement will be funded by civil filing fees collected by the San Bernardino County Superior Court (Court) pursuant to the Dispute Resolution Programs Act (DRPA) enacted in 1986. The civil filing fee is currently $8 and, under the provisions of DRPA, revenues from the filing fee can only be used for specified alternate dispute resolution (ADR) services for the benefit of the Court.
Funding for contracted ADR services is contingent upon receipt of fund transfers from the State. If that funding is reduced or eliminated, the scope or term of services would be reduced or eliminated with 30 days’ written notice to the Contractor. Sufficient appropriation and revenue is included in the County Trial Courts - Alternate Dispute Resolution 2021-22 Budget to fund ADR services, and will be included in future recommended budgets.
BACKGROUND INFORMATION
The County’s ADR program is managed by the Indigent Defense unit of the County Administrative Office in coordination with the Court. The DRPA provides for the establishment and funding, at County option, of local dispute resolution programs. The purpose of DRPA is to encourage the establishment and use of local dispute resolution services as an alternative to formal court proceedings.
Under the recommended Agreement, Inland Fair Housing and Mediation Board (IFHMB) will provide in-person alternate dispute mediation resolution services for civil, family law, probate, small claims and landlord-tenant matters, per the Court calendar, to assist the Court in addressing its large volume of cases by providing an alternative to more formal judicial proceedings.
PROCUREMENT
County Policy 11-04 requires Board of Supervisors approval for services in excess of $200,000. On January 20, 2021, Open Market Bid Request for Proposals (RFP) No. CAO121-CAO4-4092 for Alternate Dispute Resolution Services was released on the County’s Electronic Procurement Network (ePro), and announced through county bar associations and the Superior Court. Seven agencies attended the pre-proposal virtual conference held on January 27, 2021. Two proposals were received by the established deadline, from IFHMB and Inland Valleys Justice Center. The proposals were evaluated by a team consisting of representatives from the Court, the County Administrative Office, County Purchasing, and Riverside County’s ADR program. As a result of the evaluation in the areas of qualifications and experience, dispute resolution services, cost, and references, IFHMB was the highest rated Proposer. The County Administrative Office, in concurrence with the Court, recommends approval of a contract with IFHMB for the provision of in-person alternate dispute resolution services for cases filed in the Court for the period of July 1, 2021 through June 30, 2024, with the option to extend the term for two additional one-year periods.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5445) on June 9, 2021; Purchasing Department (Michelle Churchill, Supervising Buyer, 387-8258) on June 11, 2021; Finance (Allegra Pajot, Administrative Analyst, 387-5005) on June 10, 2021; and Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-5423) on June 9, 2021.