902735_RFP_Service_of_Process.docx

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RFP 902735 Service of Process
Solicitation number
RFP 902735
Issued by
Alameda County, California

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RFP 902735 Service of Process Summary

This is a Request for Proposal (RFP) issued by Alameda County, California for service of process contracting services. The County seeks qualified contractors to provide service of process for civil and quasi-criminal documents including summons, complaints, subpoenas, writs, and court orders for multiple county departments and agencies. Three county entities require these services: the Auditor-Controller Agency's Central Collections Division (approximately 250 documents annually), the Office of the County Counsel (approximately 700 documents annually), and Alameda County Child Support Services (approximately 3,000 documents annually). Services must be provided within Alameda County and five neighboring counties (Contra Costa, San Francisco, Santa Clara, and San Mateo), throughout California, and nationwide. The County intends to award contracts to a pool of up to three responsive and responsible bidders. The bidders' conference is scheduled for August 13, 2026, written questions are due by August 14, 2026, and proposals must be submitted by 2:00 p.m. on September 4, 2026. The contract term is three years with an option to renew for an additional two years, beginning January 1, 2027.

Pricing must remain fixed and firm for the initial contract term, with any increases or decreases negotiable after completion of the first term. All costs including freight and delivery are to be included in quoted prices. The County applies a Small Local Emerging Business (SLEB) preference, adding points equaling 5% of a bidder's total evaluation score for qualifying small/local or emerging/local businesses. Bidders must meet minimum qualifications, including at least three years of continuous service of process experience or possession of all necessary permits and licenses. Contractors must obtain permanent identification cards from the Alameda County Clerk-Recorder Office and maintain registered bonded process servers with background clearances. The County reserves the right to distribute work among awarded contractors based on workload, geographic coverage, performance, and operational needs. Performance standards include acknowledging receipt within one business day, completing rush assignments within specified timeframes, and submitting legally sufficient proofs of service with zero tolerance for confidentiality violations. Evaluation criteria include cost (25 points), description of proposed services (35 points), relevant experience (25 points), and references (15 points), with optional vendor interviews potentially adjusting scores.

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COUNTY OF ALAMEDA

REQUEST FOR PROPOSAL No. 902735 for

Service of Process

For complete information regarding this project, see Request for Proposal (RFP) posted at County of Alameda Procurement Portal [https://procurement.opengov.com/portal/acgov] or contact the County Thank you for your interest!

Contact Person: C. Chan Phone Number: (510) 208-9623 Email Address: C.Chan@acgov.org General Services Agency (GSA) – Procurement

RESPONSE DUE

by 2:00 p.m.

on September 4, 2026 through Alameda County, GSA-Procurement County of Alameda Procurement Portal https://procurement.opengov.com/portal/acgov

CALENDAR OF EVENTS

SERVICE OF PROCESS

EVENT
DATE/LOCATION
Request Issued
August 6, 2026
Networking/Bidders Conference
August 13, 2026 @ 10:30 AM PST

TO ATTEND ONLINE:

RFP 902735 Bidders Conference Meeting ID: 271 396 408 490 939 Passcode: E8XE3hz3

Dial in by phone +1 415-915-3950,,331127938# Phone conference ID: 331 127 938#

Join on a video conferencing device Tenant key: alamedacountyca@m.webex.com Video ID: 114 962 051 2

Written Questions Due via the “Question & Answer” tab of this project in the County of Alameda Procurement Portal August 14, 2026 by 5:00 p.m.

List of Attendees
August 17, 2026
Questions & Answers Issued
August 25, 2026
Addendum Issued [only if necessary to amend RFP]
August 25, 2026

Response Due and Submitted through County of Alameda Procurement Portal

September 4, 2026 by 2:00 p.m.

Followed immediately by online Public Bid Opening which can be joined here:

RFP 902735 Public Bid Opening Meeting ID: 282 397 152 177 620 Passcode: dt23bE3E

Dial in by phone +1 415-915-3950,,590730177# Phone conference ID: 590 730 177#

Join on a video conferencing device Tenant key: alamedacountyca@m.webex.com Video ID: 112 569 798 1

Evaluation Period
September 4, 2026 – October 9, 2026
Optional Vendor Interviews
Week of September 28, 2026
Notice of Intent to Award Issued
October 16, 2026
Board Consideration Award Date
December 8, 2026
Contract Start Date
January 1, 2027

NOTE: All dates are tentative and subject to change.

Alameda County Vendor Outreach

Wednesday, August 12, 2026 10:30 a.m. – 11:30 a.m.

TO ATTEND ONLINE:

Vendor Outreach Call-in: +1 415-915-3950 Conference ID: 504 517 635#

COME MEET ALAMEDA COUNTY’S

PROCUREMENT TEAM!

This public event is not specific to any RFP, where vendors can speak with GSA professionals, get to know them, and learn more about contracting opportunities with the County.

These are conducted on most Wednesdays. Dates and locations can be confirmed by checking at Upcoming Events [https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/]

SPECIFICATIONS, TERMS & CONDITIONS

for

SERVICE OF PROCESS

TABLE OF CONTENTS

Page

CALENDAR OF EVENTS2
I.STATEMENT OF WORK6
A.INTENT6
B.SCOPE/BACKGROUND6
C.BIDDER QUALIFICATIONS7
D.SPECIFIC REQUIREMENTS7
E.DELIVERABLES / REPORTS28
F.BIDDERS CONFERENCE(S)/VENDOR OUTREACH31
II.COUNTY PROCEDURES, TERMS, AND CONDITIONS33
G.EVALUATION CRITERIA / SELECTION COMMITTEE33
I.CONTRACT EVALUATION AND ASSESSMENT38
J.NOTICE OF INTENT TO AWARD38
K.BID PROTEST / APPEALS PROCESS39
L.TERM / TERMINATION / RENEWAL41
M.QUANTITIES42
N.PRICING42
O.AWARD43
P.METHOD OF ORDERING45
Q.INVOICING46
R.ACCOUNT MANAGER / SUPPORT STAFF46
III.INSTRUCTIONS TO BIDDERS47
S.COUNTY CONTACTS47
T.SUBMITTAL OF PROPOSALS47

ATTACHMENTS

EXHIBIT ABid Response Packet
EXHIBIT BAdditional Contract Provisions – Federal Provision
EXHIBIT B-1Certification For Contracts, Grants, Loans, And Cooperative Agreements
Certification Regarding Lobbying (Appendix A, 44 C.F.R. Part 18)
EXHIBIT CE-PROCESS SERVER AGREEMENT (see separate PDF file – no signature needed, for information only)
EXHIBIT DCONFIDENTIALITY STATEMENT (see separate PDF file – no signature needed, for information only)
EXHIBIT EUNAX CERTIFICATION (see separate PDF file – no signature needed, for information only)

STATEMENT OF WORK

INTENT

It is the intent of these specifications, terms, and conditions to describe service of process being requested by the County.

The County intends to award a three (3)-year contract (with the option to renew for two [2] years) to a pool of up to three (3) Bidders selected as the most responsive and responsible Bidder(s) whose response(s) conform(s) to the RFP and meet(s) the County’s requirements.

SCOPE/BACKGROUND

The County of Alameda requires qualified contractors to provide service of process for its county departments/agencies located within the County, other counties in California, and other counties within the United States. The Contractors will perform field service of civil and quasi-criminal documents including, but not limited to, Summons and Complaints, Summons and Petitions, Subpoenas, Notice of Motions, Orders to Show Cause, Writs, Orders, Judgments, as well as any inserts or cover letters received from various county departments/agencies. The execution of these services requires the delivery of legal documents to the person required to respond to the legal action. State and Federal laws and regulations and County resolutions, ordinances, and policies mandate this legal service of process.

The Alameda County Auditor-Controller Agency, Central Collections Division collects court-related fines, restitution, and other receivables. The Auditor-Controller Agency requires service of process for approximately 250 legal documents annually.

The Alameda County Office of the County Counsel (OCC) provides competent and efficient legal representation in civil matters to the County and its departments and agencies. OCC requires service of process for approximately 700 legal documents annually.

Alameda County Child Support Services (ACCSS) serves the public by encouraging responsible parenting, family self-sufficiency, and child wellbeing through locating parents, establishing paternity, obtaining and modifying support obligations, and collecting support. ACCSS requires service of process for approximately 3,000 legal documents annually.

The County seeks qualified Contractor(s) capable of providing reliable service of process, court filing, electronic filing, skip tracing, document retrieval, and related support services that consistently meet statutory deadlines, maintain the integrity of legal proceedings, protect confidential information, and support the operational needs of multiple County departments and agencies.

County reserves sole discretion to distribute work among awarded Contractors based upon workload, geographic coverage, availability, performance history, specialized expertise, customer service, pricing, emergency response capability, and the County's operational needs.

BIDDER QUALIFICATIONS

BIDDER Minimum Qualifications Bidder must be regularly and continuously engaged in the business of providing service of process for at least three (3) years, which must be clearly stated or demonstrated in the bid response. OR Bidder must possess all permits, licenses, and professional credentials necessary to supply products and perform services specified under this RFP. Unless noted otherwise in the RFP, for example the item(s) stated above, including any Addendum, Bidder is not required to submit copies or verification of the permits, licenses and credentials; however, Bidder must provide such proof if requested by County.

SPECIFIC REQUIREMENTS

1. Contractor must provide accurate, timely, secure, legally compliant, and cost-effective Service of Process services that maximize successful service rates, consistently meet statutory and County deadlines, produce legally sufficient court-acceptable documentation, safeguard confidential and personally identifiable information, and continuously improve service quality and operational efficiency throughout the contract term.

2. GENERAL REQUIREMENTS:

a. Contractor must provide professional Service of Process of court documents in compliance with all applicable local, State and Federal laws.

b. Contractor must possess a permanent identification card issued by the Alameda County Clerk-Recorder Office during the entire term of any contract awarded as a result of this RFP, including any amendments. Pursuant to Business and Professions code, Section 22355 (a) process server applicants are required to submit their fingerprint card along with their application. The Clerk-Recorder’s Office issues a permanent identification card to the process server applicant after the Clerk-Recorder has received clearance on an applicant’s background check.

c. Contractor and each of its employees who may have access to the confidential or sensitive data of the County must be required to sign a confidentiality statement, Exhibit D – Confidentiality Statement, attesting to the fact that they are aware of the confidential data and the penalties for unauthorized use and disclosure under applicable state and federal law thereof. This statement must be renewed and signed annually. Copies of signed confidentiality statements must be provided to County departments/agencies upon request.

d. Contractor must provide Service of Process within the local service area of Alameda County, Contra Costa County, San Francisco County, Santa Clara County, and San Mateo County as well as within the State of California, and out-of-state within the United States.

e. Contractor’s process servers, out-of-state within the United States must be licensed and/or registered under the applicable law in the State where the services are attempted.

f. The requirements for days/times to serve/file/deliver varies depending on what documents are being served/filed/delivered; however, all process servers must have the following abilities:

(1) To provide same day service (i.e., call for service, pickup or fax, serve/file/deliver, and return proof as needed);

(2) To provide Rush Service as needed (must be within three (3) hours of notice);

(3) To provide Last Date Personal Service;

(4) To handle multiple services/filings/deliveries;

(5) To have phone and email contact with the Contractor at all times during the day;

(6) To have phone access if any problems occur during a job;

(7) To contact and notify the County when issues arise or at the completion of a job; and

(8) To accept jobs without complex work forms.

g. Contractor must provide all specified services to other county departments/agencies as needed.

h. Contractor must maintain a staff of messengers who are employees and not contractors. The messenger(s) must be dispatched to pick up from the County of Alameda location at a predetermined time and retrieve all work prepared for the Contractor. Contractor must provide Same Day pick-up, and delivery of all documents for Rush work and time-sensitive documents. The scheduled messenger services must be complimentary to the County of Alameda at no charge.

i. All Contractor's process servers, either as a contractor or as an employee, must maintain the following:

(1) A valid California Process Servers Registration Card and Bond;

(2) A valid California Driver’s License;

(3) A valid registration on the vehicle to be driven;

(4) Minimum automobile liability insurance coverage; and

(5) An annually signed copy of Exhibit D Confidentiality Statement.

(6) The information must be kept in the personnel files with the Contractor and made available to an authorized County Collections employee for inspection at any time.

j. All Contractor’s process servers must make a minimum of five (5) attempts at service at each given address provided in the service packet unless the documents are served, or the address for service is determined to be a bad address prior to the third attempt. The Priority Level must define the first attempt on papers requested and Service area (as defined under section 8.l. of the RFP). Contractor must continue to attempt service until the last date to serve, until 45-days from the referral date has elapsed or until, in the professional opinion of the process server, it is futile to continue attempting service. (Reasons for the futility determination must be outlined in a Return-Not-Served declaration.)

k. All Contractor’s process servers must serve any document marked “Restricted” service (such as Subpoenas, Writs, Court Order to Appear, etc.) by Personal Service only. In the case of documents with hearing dates, service must be affected at least 21 days prior to the hearing date. If a document is marked as “Restricted Service Only,” is served by any other means, or if service is deemed invalid for any other reason, the Contractor must not charge the County for such service.

l. All Contractor’s process servers must use electronic devices, such as cameras, or applications that automatically record the date, time, and global positioning system (GPS) or the equivalent for coordinates when a picture is taken.

m. If the County of Alameda requires any amended or replacement proof of service, this must be provided at no charge to the County.

n. If Contractor is a corporation or partnership that derives or expects to derive compensation from service of process within California, the corporation or partnership must also file and maintain a verified certificate of registration as a process server with the County clerk of the County in which the corporation or partnership has its principal place of business.

3. Contract Transition. Upon expiration or termination of the contract, Contractor must cooperate fully with the County to ensure an orderly transition of services. Transition services may include, as applicable:

completion of active assignments;

transfer of pending work;

return of County documents;

return or destruction of confidential information;

transfer of electronic records;

final reporting; and reasonable cooperation with any successor contractor.

4. Business Continuity. Contractor must maintain written business continuity and disaster recovery procedures sufficient to ensure uninterrupted performance of required services during emergencies, including but not limited to:

natural disasters;

power outages;

technology failures;

staffing shortages;

public emergencies; and court closures.

Upon request, Contractor must provide its business continuity procedures to the County for review.

5. General Performance Requirements Performance Management. The County intends to actively monitor Contractor performance throughout the contract term. Contractor performance will be evaluated based on compliance with the requirements of this Statement of Work, the quality and timeliness of services provided, customer service, reporting accuracy, responsiveness, and achievement of established performance standards. Failure to consistently meet the performance requirements identified herein may result in corrective action, reduction of work assignments, suspension of assignments, or contract termination.

Throughout the contract term, Contract must:

Perform all services in a professional, accurate, timely, and legally compliant manner.

Maintain sufficient qualified personnel, equipment, technology, and resources necessary to continuously perform all required services.

Meet or exceed all service levels established under this Agreement.

Immediately notify the designated County representative of any circumstance that may delay, prevent, or negatively impact Contractor's ability to perform required services.

Maintain effective internal quality assurance procedures to ensure accuracy and legal sufficiency of all services performed.

Cooperate fully with County staff during performance reviews, audits, investigations, and contract administration activities.

Continuously evaluate operations and recommend improvements that enhance service quality, reduce costs, improve turnaround times, or increase operational efficiency.

Performance Standards. Contractor must meet or exceed the following minimum performance standards throughout the contract term. Failure to consistently meet these standards may require submission of a Corrective Action Plan. The Correct Action Plan must identify: (1) the root cause of the deficiency; (2) corrective measures to be implemented; (3) Implementation schedule; (4) responsible personnel; (5) corrective action timeline; and (6) methods for preventing recurrence.

Performance Requirement
Minimum Standard
Acknowledge receipt of assignments
Within one (1) business day
Initial service attempt
Within required RFP timeframes
Rush assignments
100% completed within required timeframe
Proofs of Service
100% legally sufficient and court acceptable
Portal updates (DCSS)
Within two (2) business days
Monthly reports
Submitted by the 10th business day
Monthly invoices
Accurate and complete
County inquiries
Respond within one (1) business day
Complaint resolution
Within two (2) business days
Confidentiality violations
Zero tolerance
Security breaches
Immediate notification in accordance with contract requirements
Court appearance requests
100% compliance

6. Alameda County Auditor-Controller Agency, Central Collections Division Contractor Responsibilities:

a. Serve claim of plaintiff/small claims;

b. Serve summonses and complaints;

c. Serve Court Orders to Appear;

d. Serve earning-withholding orders and bank levies;

e. Mailing of substitute service documents to defendant(s) and copies of the Declaration of Due Diligence/Affidavit of Reasonable Diligence pertaining to substitute service filed with the appropriate court;

f. Provide liaison between Central Collections and process servers;

(1) Provide service of Claim of Plaintiff/Declaration and Order and Summons Complaints documents with 100% service ratio to all good addresses provided by the Central Collections Division.

(2) Provide the Central Collections Division with a work order or similar form to accompany the Claim of Plaintiff/Declaration and Order and Summons Complaints to the service agency.

(3) Pick up and deliver documents and Proof of Service to the Central Collections Division and to the courts. Copies of Proof of Service of Process must be delivered to Central Collections five (5) business days prior to court appearance dates. Proofs of Service of Process must be filed to the court five (5) business days prior to the court date as specified by law on Small Claims matters.

(4) Process Server must contact Central Collections by phone if unable to serve or deliver documents due to BAD ADDRESS. Central Collections must notify process server of GOOD ADDRESS to serve defendant(s) within 72 hours after contact from process server has been made to ensure that service of process is made within the time constraints of the law. Additional service fees for a BAD ADDRESS must not apply if a number in the address has been transposed due to clerical error by Process Server or Contractor's personnel. Central Collections will file an "Affidavit of Change of Address” with the proper court venue prior or the day of the court appearance date.

(5) Process Server must file a description of any and all sub-service (aka substitute serve) to John/Jane Doe on behalf of the defendant, such as name of party to whom the sub-service was effected. If sub-service to defendant is at their place of employment, process server must indicate location of service, to whom the document was sub-served to, the person's employment status, i.e. manager, legal representative, etc. and physical description of party subserved on behalf of the defendant.

(6) Provide a contact person's name, email address, and contact number to handle all inquiries from the Central Collections Division staff within the timeframe that must be established with the Contractor.

(7) Provide contact person's email address for problem resolution, documentation and/or validity of Proof of Services.

(8) Subpoenas for all Civil Orders: Provide service of Earning Withholding Order and Writs by personal service of the documents or by certified mail to the employer, with 100% service ratio on all correct employer information provided by the Central Collections Division.

(9) Prepare a Writ packet to include the following:

(a) Earnings Withholding Order (all copies required);

(b) Employers Return (all copies required);

(c) Employers Instructions (all copies required); and

(d) Notice of Employers (citing the civil codes required by law).

(10) Personally open a levy officer number with the appropriate Sheriff’s department or Marshal prior to service of the above documents. Provide the appropriate Sheriff’s department or Marshal with a Proof of Service within five (5) days from the date the documents are served upon the employer, and also provide a copy to the Central Collections Division.

(11) Provide pick-up and delivery service of all legal documents to and from the Central Collections staff within the timeframes that will be established with the Contractor.

(12) Court Order to Appear for Financial Hearing and/or Court Order to Appear for Order of Examination must be personally serviced.

g. Provide Civil E-filing Services pursuant to the Local Rules of the Superior Court of California, County of Alameda, Title 3. Civil Rules, Chapter 1. Rules Applicable to All Civil Cases, Rule 3.27. Electronic Filing and Service; and

(1) Effective date and mandatory use of electronic filing:

The court adopts electronic filing (e-filing) in all civil and civil appeal proceedings as follows: Starting on October 12, 2021, or on a later effective date to be posted on the Court’s website at Civil e-Filing | Superior Court of California | County of Alameda, e-filling is permissive. Any party may elect to complete filings using a court-approved Electronic Filing Service Provider (“EFSP”), and to receive service from such Electronic Filing Service Provider. Commencing January 1, 2022, or six weeks following a later posted launch date, e-filing must be mandatory for all represented parties. Counsel for represented parties must file and accept service using a court-approved EFSP. Any self-represented party who consents to participate in the e-filing system also consents to thereafter file, serve and accept service by electronic means.

(2) Technical Requirements:

Filing must be made through a court-approved EFSP. The Court will maintain and update as needed a Civil E-filing Page on its website that will contain relevant information, including technical requirements for e-filing, approved EFSPs and Frequently Asked Questions regarding e-filing. All filings must be made in a searchable PDF format and otherwise comply with the technical requirements on the Court’s website.

(3) Electronic Service/Mandatory Use:

All parties who are required or consent to e-filing must serve all documents electronically to those participating in electronic filing.

(4) Exceptions to e-filing:

The following documents must be filed non-electronically:

(a) Bench Warrants;

(b) Subpoenaed documents;

(c) Bonds;

(d) Undertakings;

(e) Certified judgments;

(f) Out of State or Out of County Abstracts or Commissions;

(g) Sister State Judgements;

(h) Subpoenas for Out of State Actions; and

(i) Payee Data Records.

(5) Seal Documents:

(a) Confidential documents for which sealing are requested must be filed and served electronically by those subject to e-filing.

(b) Provisionally filed confidential documents that have been ordered to be sealed or may be the subject of a motion to file documents under seal must be filed or lodged with the Court by electronic submission. Redacted versions of any such documents must be filed electronically at the same time.

(c) The sealed document must be e-filed and the caption page must have “UN-REDACTED” in bold type under the title of the document. If there is no court order sealing the document, the un-redacted document will be filed as conditionally sealed until the court rules on the request to seal. The caption page of a redacted document must have “REDACTED” in bold type under the title of the document.

(d) Documents containing confidential material filed in connection with a discovery motion, which do not require a court order to be filed under seal, must state the word “DISCOVERY” in bold and underlined on the title page and, as appropriate, the words “TO BE FILED UNDER SEAL” or “REDACTED.” If only portions of the document are confidential, redacted and unredacted versions must be filed.

(e) Complete unredacted courtesy copies and redacted copies of any confidential or redacted document must be physically lodged with the department where any hearing relating to those documents must be held. The courtesy copies must be placed in separate envelopes with the words “UNDER SEAL,” “LODGED CONDITIONALLY UNDER SEAL” or “REDACTED” as appropriate on each envelope. The caption page for the enclosed document must be taped on the outside of the envelope.

(6) Official Record:

The Court maintains the official court record in electronic format for all cases with the exception of items that have not been stored electronically.

h. Provide Assisted Civil E-filing services for specific cases that involved an attorney. Any case that had an attorney must have “assisted” filings.

7. County of Alameda Office of the County Counsel (OCC) Contractor Responsibilities:

a. The Office of the County Counsel uses Service of Process in all units of the Office. Contractor must have knowledge of the filing requirements for northern California State and Federal Courts. The requirement of days/time to serve/file/deliver varies depending on the type of document(s) that is being served/filed/delivered; however, all process servers must have the following abilities in addition to the list in Section D.2.f.:

(1) To provide/perform Skip Tracing;

(2) To meet the County's date/time deadlines for service/filing/delivery (OCC will provide date/time on each order);

(3) To file in all northern California State and Federal Courts;

(4) To have access to bonded process servers in other cities and states when needed;

(5) To provide Proof of Service or declaration of non-service that is acceptable by all courts in a timely manner; and

b. Contractor must agree to a set daily fee for service of probate documents with the Alameda Superior Court, Probate office (currently located in Berkeley) regardless of the number of documents to be filed with the Court.

c. If service cannot be accomplished at the address provided, the server must attempt to obtain a forwarding address from the current residents, neighbors and apartment managers. The server must then attempt to make service at the new address under the original Request for Service.

d. If all service attempts are unsuccessful, the Contractor must email the designated contact person at OCC advising that service was unsuccessful and request new location information from OCC. The server must then attempt to make service at the new location under the original Request for Service.

8. Alameda County Child Support Services (ACCSS) Contractor Responsibilities:

a. Contractor must become an electronic filing recipient using the State of California Department of Child Support Services (DCSS) portal for electronic delivery of service tickets and documents. To be an E-Process Server, the Contractor must abide, complete and submit the following agreements:

(1) Exhibit C – E-Process Server Agreement;

(2) Exhibit D – Confidentiality Statement; and

(3) Exhibit E – UNAX Certification.

b. All Contractor’s registered process servers must be bonded for a minimum of two thousand dollars ($2,000). Bonds must be executed by an admitted surety insurer and conditioned upon compliance with all laws governing service of process in this state.

c. If all Contractor’s registered process servers are not bonded, the process servers must deposit a cash or money order in the amount of two thousand dollars ($2,000) with the County clerk.

d. Contractor must ensure that there is no gap in registration of individuals, corporations, or partnerships serving documents for ACCSS. A certificate of registration may be renewed up to 60 days prior to its expiration date and the effective date of the renewal must be the date the current registration expires.

e. As technology and court rules evolve to include, but not limited to, electronic delivery and e-filing, Contractor must make all changes necessary to its business practice to fully incorporate these changes within thirty (30) calendar days from the date Contractor is notified.

f. Contractor must provide a secured website/web portal:

(1) The portal must allow for service requests to be tracked for current status, completion, and cancellation by ACCSS, and must be able to provide access to multiple users.

(2) Contractor must be able to confirm the receipt of a request for service (contractor must be able to distinguish Out-of-State service requests from in-state service requests) and determine the number of days the contractor has had the document in their possession.

(3) Contractor must update the website/web portal within two (2) business days of the service being completed or a determination of non-service being made.

(4) Contractor must maintain a current inventory status on the website/web portal.

(5) ACCSS must be able to run a variety of reports on case completion and cancellation.

g. Contractor must retrieve documents to be served through the State of California Department of Child Support Services web-portal E-Process Server for printing and serving.

h. Before the Contractor is approved as an E-Process Server with the State of California Department of Child Support Services, documents to be served may be electronically transmitted each business day through a secure electronic email transmission. The Department’s holidays are listed on the County website:

http://acgov.org/government/holidays.htm

i. Contractor must send an email to the designated ACCSS contact by 1:00 p.m. the following business day, confirming receipt of documents to be served.

j. The Department of Child Support Services will attach to the documents to be served a “Services Instructions Sheet” which will provide the Contractor with the name and description (photo if available) of the individual or company to be served and the residence and/or business address where the documents are to be served. A court date will also be provided if the matter is scheduled for a hearing.

k. The Contractor must make three (3) attempts at the place of residence before moving to the place of employment unless the process server receives reliable information from someone at the place of residence that the person to be served is at the business address at that particular point in time. If the process server acts on the reliable information, the name and identity of the person furnishing that information must be included in the Declaration of Due Diligence/Affidavit of Reasonable Diligence. The Contractor must attempt to serve every document received from ACCSS.

l. After receipt of the service packet, Contractor must make the first service attempt within five (5) business days for the local service area, seven (7) business days for the non-local service area, and seven (7) business days for out-of-state serves.

The three (3) Service Areas are defined as: Local Service Area - Alameda, Contra Costa, San Francisco, Santa Clara and San Mateo counties; Non-Local Service Area - Counties outside of the defined local service area, but within California; out-of-state Service Area - outside of California.

m. When the Department has given a serve by date notice, the Contractor must attempt to serve or substitute serve (also referred to as “sub-serve”, or “sub-service”) documents by the specified date on the Service Instructions Sheet.

n. Service of rush documents must be completed within two (2) business days for local and three (3) business days for non-local or out-of-state areas. If the service is unsuccessful, the Contractor must notify the Department within two (2) business days.

o. Personal Service is the preferred method of service. Whenever possible, Contractor must attempt and perform personal service by delivering the service documents to the individual designated on the service instructions.

p. If the person the process server is serving does not affirmatively admit to being the person upon whom service is intended, the process server must clearly articulate in the notes what lead him/her to believe beyond a reasonable doubt that the person being served was the person upon whom service is intended.

q. Attempts at personal service must occur at dates and times significantly different from one another, and they must occur at dates and times determined by Local Rules of the Alameda County Superior Court.

r. Substituted service may only be attempted after satisfaction of the due/reasonable diligence requirement from Section 415.20 (b) of the Code of Civil Procedure, where the process server must attempt personal delivery of the summons and complaint, in good faith, which includes a minimum of three (3) separate attempts of personal service. The process server must document the attempts made with photos of the location of each attempted service.

s. Where substitute service is necessary, or until inability to serve is determined, Contractor must first attempt personal service on three (3) different days of the week, including weekends, and at three (3) different times of day with at least one attempt made either before 8:00 a.m.and after 7:00 p.m. The documents can be substitute served on the fourth (4th) attempt. The fourth (4th) attempt can be made on any day and at any time, only after the first three (3) attempts to personally serve, as described above, have been completed.

t. If the service is noncompliant with these guidelines and the service is found to be invalid, documents must be re-served at no cost within fifteen (15) calendar days of County notifying the Contractor.

u. Contractor must comply with the requirements of Code of Civil Procedure Section 415.20.

v. Contractor must mail (first class mail, postage paid) a copy of the papers served to the address where the papers were delivered within three (3) calendar days of sub-serving. Contractor must not bill postage or mailing expense for process services to the County. All postage or mailing charges must be paid for directly by Contractor.

w. Where service was successful, Contractor must complete the Proof of Service and, in the case of substitute service, Declaration of Due Diligence/Affidavit of Reasonable Diligence.

x. The Contractor must provide the Department with an accurate description of the person served and the address where the service was accomplished on the Proof of Service form.

y. The Proof of Service, including the Declaration of Due Diligence/Affidavit of Reasonable Diligence, must meet all existing legal requirements, including, but not limited to the following: identifying documents served; name and sex of the person or entity served; the process server’s description of person served including age, ethnicity, hair color, eye color, height weight; the time, date, location and manner of service; legible full signature and date executed by the process server; name of the county in which the process server is registered; and process server's registration number.

z. The Proof of Service requires the original signature of the process server. The process server signature requirement cannot be delegated to any other person.

aa. All Proof of Service completed by the process server for services in California, returning to ACCSS must be signed by a registered process server and including their registration number and the County in which they are registered, as required by the Judicial Council form POS-010 (Proof of Service of Summons) and California Code of Civil Procedure (CCP) Sec. 417.40.

ab. All Proof of Service of Summons and Compliant provided to ACCSS for service effectuated within California must include all information required under CCP 417.10 et. seq, including, but not limited to:

(1) One or more photographs of the site of each effected or attempted service of the summons and complaint containing a readable stamp that establishes and automatically records the date, time, and global positioning system (GPS) or equivalent coordinates of the effected or attempted service;

(2) If a GPS, mobile, or equivalent signal is not available when service is effected or attempted, the process server must provide a detailed statement on or with the proof of service explaining the reason for the lack of a readable GPS or equivalent stamp on the photograph;

(3) If the site of the effected or attempted service is a dwelling place or abode, for each effected or attempted service of the summons and complaint, at least one of the photographs required by the provisions above must show the door, or, if the door is not reasonably accessible, the entrance of the house, apartment, or other dwelling place of the person to be served;

(4) If the site of the effected or attempted service is a place of business, for each effected or attempted service of the summons and complaint, at least one of the photographs required by the provisions above must show the door, or, if the door is not reasonably accessible, the entrance of the specific office or other place of business of the person being served;

(5) For purpose of the provision above, if the door is not reasonably accessible and the process server takes a photograph of the entrance instead, the process server must explain with specificity on or with the proof of service why the door was not accessible.

(6) The photograph required by the provisions above must be taken by the process server as closely as practicable to the time of effecting or attempting service; and

(7) A photograph is not required if, in the reasonable judgment of the process server, taking a photograph would compromise the process server’s safety. In such circumstances, the process server must document the effected or attempted service on the proof of service and provide a detailed statement explaining why taking a photograph would have compromised their safety.

ac. The Contractor must transmit for any effected or attempted service of a Summons and Complaint any photographs, data, statements or explanations required above and other records related to the effectuated or attempted service with the Proof of Service of Summons or separately when service is not effectuated as this supporting documentation may be needed by the Local Child Support Agency (LCSA) when requesting an order for alternative methods of service.

ad. ACCSS will not pay for proofs of service of Summons that have not been performed in compliance with CCP 417.10 et. seq.

ae. The Contractor must provide two Proof of Service forms with original signatures. One Proof of Service must contain the service address information for the individual served. The second Proof of Service must not contain any address information, but instead Contractor must insert the following paragraph in the space provided for address information:

“The address/place of service is on file with the Department of Child Support Service shown above pursuant to Family Code §17212(b)(3) and may be released only upon an order form the court pursuant to Family Code §17212(c)(6).”

af. The Declaration of Due Diligence/Affidavit of Reasonable Diligence must fully document all attempts at service, including date, time, place, after each service attempt and the reason why service was not completed.

ag. If all service attempts are unsuccessful, the Contractor must return the service packet with notes on the “Affidavit of Non-Service” why service was not completed at the address given by the Department including dates, times, and locations of attempts within three (3) business days of the last attempt. The Affidavit of Non-Service must be signed under penalty of perjury by the individual who attempted service of the documents.

ah. If service cannot be accomplished at the address provided, the server must attempt to obtain a forwarding address from the current residents, neighbors and apartment managers. The server must then attempt to make service at the new address under the original Request for Service. If additional research is needed to locate and serve the documents, the Contractor must upload the documents to the website/web portal no later than two (2) business days after service. The Department will perform further research and issue another Request for Service when new positive location information has been found.

ai. Contractor must provide ACCSS with any "locate" information that may have become known through the attempts to effect service that is different from the information provided by ACCSS at the time of referral, including, but not limited to, home address, telephone number, employer address, employer telephone number, the address where service was effectuated, and any discovered "hangouts" frequented by the person to be served.

aj. The Contractor must electronically upload onto the website/web portal the completed Proof of Service and in the case of sub-service, Declarations of Due Diligence/Affidavit of Reasonable Diligence within two (2) business days after the service.

ak. If documents are not served within twenty (20) days of receipt, or if documents contain a "bad address," Contractor must email the designated contact person at ACCSS advising that service was unsuccessful and request new locate information. ACCSS will respond within 48 business hours to request. If new locate information is available, Contractor must have an additional twenty (20) days to attempt service using new locate information. If no new information is available, Contractor must electronically return "Affidavit of Non-Service" within two (2) business days and shred the service package within the specified period of time.

al. The source of all “bad address” returns must be documented in order for the Contractor to receive payment.

am. The Contractor must provide wage and levy writ of execution service for Alameda, Contra Costa, San Francisco, Santa Clara, and San Mateo counties. This service must include opening a file with the Sheriff, service of the writ, mailing copies to the judgment debtor, and returning the Proof of Service to the Sheriff within five (5) business days.

an. Subpoenas, Citations, and Orders to Show Cause (OSC) must be served as expeditiously as possible, and Proof of Service returned to ACCSS no less than five (5) business days prior to the related hearing.

ao. The Contractor must respond within 24 hours to any inquiries about the status of a service request from Department staff.

ap. The monthly invoices must be provided in both electronic and paper copies.

aq. The Contractor must ensure process servers are available to testify at any court hearing in which service is contested at no additional cost to the Department.

ar. In the event a party, who has been served with a document pursuant to this contract, denies that they have been served, Contractor must have the process server or other competent witness available to:

(1) Discuss the case with the responsible ACCSS staff;

(2) Execute necessary declarations or affidavits; and

(3) Testify at court hearings or depositions with given advance notice, without the need for subpoena or subpoena duces tecum.

as. ACCSS will identify a Department designee. Under certain circumstances, either ACCSS or the Contractor may need to make arrangements for special timeframes and special handling of individual cases. This will be arranged between the Department designee and the Contractor. The Contractor must not perform services not listed on the bid pricing that are subject to fees or charges without prior approval of the aforementioned Department designee.

at. ADMINISTRATIVE SAFEGUARD REQUIREMENTS

(1) DATA OWNERSHIP: Contractor must protect the confidential or sensitive information being provided under this agreement and treat it as the exclusive property of the County. Confidential and sensitive information must not be made open to the public. Contractor must take special precautions to protect County information from loss and unauthorized use, disclosure, modification, or destruction.

(2) INCIDENT REPORTING: Contractor must immediately notify the County of any information security breach involving information accessed or obtained under this agreement as soon as practical, but no more than three (3) business days after discovery. Contractor must provide all appropriate information via email to facilitate the required reporting requirements.

(3) USE OF INFORMATION: Contractor must agree the information furnished or secured pursuant to any agreement entered into as a result of this RFP must be used solely for the purposes described in this RFP and must agree to implement policies and procedures to ensure the confidentiality of such information. Contractor must agree that information obtained under any agreement entered into as a result of this RFP must not be reproduced, published, sold or released in original or any other form for any purpose other than identified in this RFP.

(4) STATEMENT OF CONFIDENTIALITY: Contractor and each of its employees who may have access to the confidential or sensitive data of the County must be required to sign and adhere to the terms of a confidentiality statement (Exhibit D) attesting to the fact that he/she is aware of the confidential data and the penalties for unauthorized use and disclosure under applicable state and federal law thereof. This statement must be renewed and signed annually. Copies of signed confidentiality statements must be made available and forwarded to County’s information security contact upon request.

(5) EMPLOYEE ACCESS TO INFORMATION: Contractor must keep information in the strictest confidence and only make it available to authorized personnel on a business “need-to-know” basis and only for the purposes authorized under any agreement entered into as a result of this RFP. The term “need-to-know” refers to those authorized persons who need information to perform their official duties in connection with the purpose as described in the Agreement. The parties recognize their mutual responsibilities to protect the confidentiality of the information in their custody as provided by law and ensure such information is disclosed only to those individuals and of such purpose, as authorized by the respective laws.

au. PHYSICAL SAFEGUARD REQUIREMENTS

(1) ACCESS AUTHORIZATION RECORDS: Contractor must maintain records of all authorized users and authorization level of access granted to the information obtained under this agreement with the purpose as described in this RFP.

(2) ACCESS CONTROL: Contractor must maintain and secure any of its computer systems (network, hardware, software and applications) used in the performance of this RFP.

(3) SECURE AREAS: Computer monitors, printers, hard copy printouts or any other forms of information accessed or obtained under the performance of any agreement entered into as a result of this RFP must be placed so that they may not be viewed by the public or other unauthorized persons as described in the RFP.

(4) SECURE STORAGE: Information in all forms, such as but not limited to tapes, cartridges, or other removable media, must be stored in areas physically secure from access by unauthorized persons as described in this RFP.

(5) MEDIA PROTECTION: Contractor must employ the use of encryption for all confidential information stored on media such as, but not limited to, portable computing devices, CDs, DVDs, USB flash drives, tapes, and cartridges in its custody.

(6) RETENTION OF DATA: The Contractor must maintain data on all attempts at service. This data should include, but is not limited to, date, time, place, manner in which a party was located, and other pertinent circumstances.

(a) Contractor must retain these records for a minimum of seven (7) years.

(b) Contractor must retain such information in its records whether service is successful or unsuccessful.

(c) Such information must be maintained and made available to the County upon request and for any court proceeding at which the validity of service is at issue.

(7) DESTRUCTION OF RECORDS: All records received by Contractor under any agreement entered into as a result of this RFP, including any amendments, are considered confidential and must be destroyed within three (3) days by the vendor in accordance with IRS 1075 Regulation when no longer needed to perform the scope of work.

(a) Return or destruction of ACCSS Personally Identifiable Information (PII) on expiration or termination of the agreement between Contractor and ACDCSS for any reason, Contractor must return or destroy the ACCSS Pll. If return or destruction is not feasible, Contractor must explain to ACCSS why, in writing.

(b) Retention Required by Law: If required by state or federal law, Contractor may retain, after expiration or termination, ACDCSS Pll for the time specified as necessary to comply with the law.

(c) Obligations Continue Until Return or Destruction: Contractor's obligations under this agreement must continue until Contractor returns or destroys the ACCSS Pll or returns the ACCSS Pll to ACDCSS; provided however, that on the expiration or termination of the agreement between Contractor and ACCSS, Contractor must have no further use or disclose of the ACCSS PII except as required by state or federal law.

av. INFORMATION SECURITY REQUIREMENTS

(1) ELECTRONIC TRANSMISSION: All confidential information transmitted by Contractor over a public network must be encrypted.

(2) UNIQUE IDENTIFICATION: Contractor’s network security architecture must be able to identify uniquely all access to information obtained and used in the performance of this agreement.

(3) CHANGE CONTROL: All changes to computer systems, hardware, software, applications, storage media, and network components used for storing and/or accessing information in the performance of this agreement must be approved by County in writing prior to implementation.

(4) SCREEN-LOCKING: Computers capable of accessing information for the performance of this agreement must not be left unattended and logged on, unless secured by a screen-locking process or mechanism to prevent unauthorized access or secured in a locked room not accessible to unauthorized personnel.

(5) AUDITING: Contractor must maintain an audit trail and record…

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