REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 9, 2024
FROM
LUTHER SNOKE, Chief Executive Officer, County Administrative Office
SUBJECT
Title
Amendment to Contract with the Inland Fair Housing and Mediation Board for Continued Alternate Dispute Resolution Services
End
RECOMMENDATION(S)
Recommendation
Approve Amendment No. 1 to Contract No. 21-461 with the Inland Fair Housing and Mediation Board to provide continued alternate dispute resolution services for cases filed in the Superior Court of California, County of San Bernardino, increasing the contract amount by $360,000, from $1,080,000 to $1,440,000, and exercising the first of two one-year options to extend the contract term, for a total contract period of July 1, 2021, through June 30, 2025.
(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 and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not impact Discretionary General Funding (Net County Cost). The contract is funded by civil filing fees collected by the Superior Court of California, County of San Bernardino (Superior Court) pursuant to the Dispute Resolution Programs Act (DRPA) enacted in 1986. The filing fee is currently $8 per civil filing and, under the provisions of DRPA, revenues from the filing fee can only be used for specified alternate dispute resolution services. It is anticipated that the revenue generated from the civil filing fees over the next year will be sufficient to fund the cost of this contract amendment.
Funding for contracted alternate dispute resolution services is contingent upon receipt of fund transfers from the State derived from the DRPA civil filing fee. If that funding is reduced or eliminated, the scope or term of services will be reduced or eliminated with 30-day notice to the contractor. The cost of this contract will be included in the 2024-25 Alternate Dispute Resolution recommended budget (Cost Center 1101102724).
BACKGROUND INFORMATION
The Superior Court assigns cases to Inland Fair Housing and Mediation Board (IFHMB) based on case type. Under the recommended amendment, IFHMB will continue to provide effective and efficient alternate dispute mediation resolution services, both virtually and in-person for civil, family law, probate, small claims and landlord-tenant matters. When both parties are present for a proceeding, the matter is referred to IFHMB to work toward resolution, which will assist the Superior Court in addressing its large volume of cases by providing an alternative to more formal judicial proceedings.
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. DRPA authorizes participating counties to increase civil filing fees from $1 to $8 to fund the local dispute resolution programs. The County presently receives a fee of $8 per civil filing, and these revenues provide funding for the dispute resolution program for the benefit of the Superior Court.
On June 22, 2021 (Item No. 38), as the result of a competitive procurement, the Board of Supervisors (Board) approved Contract No. 21-461 with IFHMB in the amount of $1,080,000 for an initial three-year term from July 1, 2021, through June 30, 2024, with two one-year options to extend the term. The recommended amendment includes the addition of virtual mediation through the use of online meeting software for the duration of the contract. Approval of the amendment will exercise the first of two options to extend the term for an additional one-year period, extending the term from June 30, 2024, to June 30, 2025. Based on satisfactory performance by IFHMB, and with Superior Court concurrence, the County Administrative Office recommends approval of this Amendment No. 1 for continuation of alternate dispute resolution services for cases filed in the Superior Court, with compensation of $360,000 per year for an extended one-year term of July 1, 2024, to June 30, 2025.
Programs funded by this filling fee within the County are managed by the County Administrative Office in coordination with the Superior Court.
PROCUREMENT
On January 20, 2021, Request for Proposals (RFP) No. CAO121-CAO4-4092 for alternate dispute resolution services was released on the County’s electronic procurement network (ePro). The Purchasing Department continues to support this competitive procurement based on the RFP.
County Policy 11-04 requires Board approval for services in excess of $200,000.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on March 8, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on March 14, 2024; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on March 20, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on March 22, 2024.