REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 27, 2023
FROM
MARIE GIRULAT, Director, Department of Child Support Services
SUBJECT
Title
Contract with American Eagle Attorney Service, Inc. for Service of Process Services
End
RECOMMENDATION(S)
Recommendation
Approve contract with American Eagle Attorney Service, Inc. for Service of Process services on a fee-for-service basis, in the not to exceed amount of $1,500,000, for the period of July 1, 2023 through June 30, 2026.
(Presenter: Miguel McQueen, Assistant Director, 478-6949)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost). The cost of the contract with American Eagle Attorney Service, Inc. (American Eagle) will not exceed $1,500,000 and is funded through 66% ($990,000) United States Department of Health and Human Services Federal Financial Participation and 34% ($510,000) State revenue. Adequate appropriation and revenue have been included in the Department of Child Support Services’ (DCSS) 2023-24 budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
DCSS is required by federal regulation to attempt to establish and enforce child support orders by legal processes and show the Service of Process has been made on the defendant in accordance with State law. Service of Process is the procedure by which a party gives an appropriate notice of legal action to another party to enable that party to respond to the proceeding before the court, etc. In this instance, Service of Process is the personal delivery of State of California, Superior Court notice(s) to all prospective parents of dependent children that a lawsuit has been initiated against them or there is other pending legal action. The recommended contract with American Eagle will provide Service of Process services for these child support cases.
DCSS determines paternity, establishes and enforces child support orders, and secures payments to assist families in meeting the financial and medical needs of their children. DCSS has a caseload that includes over 88,000 cases in which legal documents or proposed court action are necessary for the establishment and enforcement of a child support order. American Eagle will be paid based on the geographic location of the Service of Process services provided. DCSS has provided these services through contracted vendors since 1999.
PROCUREMENT
On April 10, 2023, the County Administrative Office approved and authorized the release of joint Request for Proposals (RFP) No. HSSA23-HSSA-4744 to solicit proposals from interested and qualified vendors for the provision of Services of Process services for Children and Family Services (CFS) and DCSS via the County Electronic Procurement Network (ePro).
Four agencies attended one of two mandatory proposal conferences conducted on April 18, 2023 and April 20, 2023. Agencies interested in proposing services for both CFS and DCSS were required to submit separate proposals. Four proposals were received in response to the RFP by the established deadline. Two proposals did not meet the minimum requirements and were determined non-responsive due to missing or incomplete documents, such as proposal description and fee schedules. Proposals from the American Eagle and Team Legal, Inc. met the minimum requirements and continued through the evaluation process.
An evaluation team, comprised of representatives from DCSS and the Human Services Program Development Division, reviewed and evaluated the proposals based on the criteria included in the RFP. Those criteria included, but were not limited to qualifications and experience, financial review, technical review, and cost.
Based on the evaluation results, American Eagle is recommended for contract award, as it best meets the needs of DCSS. The agency not recommended for contract award was notified by mail and advised they could submit a formal written protest based on the criteria in the RFP. No written protest was received.
Contractor performance will be monitored by County staff to ensure compliance with the administrative, program, and fiscal terms and conditions of the contract. American Eagle will cooperate with the County in the monitoring and evaluation of the contract and will comply with any and all reporting requirements established by the contract. American Eagle’s charges must be for eligible services under this funded program. DCSS will review invoices and other documents submitted by the contactor to ensure the charges are for eligible services prior to payment. The County reserves the right to request additional program and/or fiscal reports to facilitate this monthly review. The contract may be terminated by the County immediately in the event funds are not available to the County and without cause by the County by serving written notice to the contractor 30 days in advance of termination.
REVIEW BY OTHERS
This item has been reviewed by Human Services Contracts (Patty Steven, Contracts Manager, 388-0241) on May 24, 2023; County Counsel (Ramona Verduzco, Deputy County Counsel, 387-5455) on June 2, 2023; Purchasing (Michelle Churchill, Supervising Buyer, 387-2070) on June 8, 2023; Finance (John Hallen, Administrative Analyst, 388-0208) on June 6, 2023; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0332) on June 8, 2023.