RFP_20240604-DRPA_Alternative_Dispute_Resolution_Services.pdf

REQUEST FOR

PROPOSALS

SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN

REGARDING:

Alternative Dispute Resolution Services RFP Number 20240604-DRPA

PROPOSALS DUE:

Tuesday, July 9th, 2024 NO LATER THAN 3:00 P.M. PACIFIC TIME

TABLE OF CONTENTS

Attachment No. Description Pages

RFP RFP Document 1 - 13

Attachment 1: Administrative Rules Governing RFPs (Non-IT Services) 14 - 16

Attachment 2: Goals, Objectives and Priorities 17

Attachment 3: Dispute Resolution Programs Act 18 - 24

Attachment 4 California Code of Regulations 25 - 34

Attachment 5: Standard Terms and Conditions 26 pages separately numbered

Attachment 6: Proposer’s Acceptance of Terms and Conditions 35

Attachment 7: General Certifications Form 36

Attachment 8: Darfur Contracting Act Certification 37

Attachment 9: Bidder DVBE Declaration Form 38 – 42

Attachment 10: DVBE Declaration 43 - 46

RFP Title: Alternative Dispute Resolution Services RFP Number: 20240604-DRPA

1.0 BACKGROUND INFORMATION

1.1 The Superior Court of California, County of Kern (hereinafter referred to as

“Court”) is soliciting proposals from one or more qualified vendors to provide Dispute Resolution Services as defined in the Dispute Resolution Programs Act (California Business and Professions Code §§465, et seq., (hereinafter referred to as “Act”) and its implementing regulations (Title 16 California Code of Regulations §§3600 et seq., hereinafter referred to as “Regulations”) whose services assist parties in resolving disputes without the necessity of formal judicial proceedings. The Act and Regulations provide for the establishment and funding, at county option, of local dispute resolution programs.

1.2 The Court has established and Alternative Dispute Resolution (“ADR”) Department, and ADR Administrative Coordinator, who coordinates and oversees programs funded by the Act in Kern County. Under the supervision of the Presiding Judge and Court Executive Officer (“CEO”), the ADR Coordinator also works with an ADR Oversight Committee consisting of local mediation providers, members of the judiciary, members of the bar and community representatives. All of these entities work together to provide direction and set priorities for Dispute Resolution Programs Act (“DRPA”) programs in Kern County.

1.3 The Court intends to award one or more contracts. The contract term will commence on October 1, 2024 through September 30, 2026 with three one-year options to extend, through September 30, 2029.

2.0 TIMELINE FOR THIS RFP

The Court has developed the following list of key events related to this RFP. All dates are subject to change at the discretion of the Court.

EVENT DATE

RFP issued June 10, 2024

Deadline for questions

Tuesday, June 25th, 2024 before 5:00 p.m.PST

MANDATORY Pre-proposal Conference

Tuesday, June 18th Time: 10:00 a.m.

Location: 1430 Truxtun Ave., 5th floor

Bakersfield, CA 93301

Questions and answers posted on line Friday, June 28th, 2024

EVENT DATE

Latest date and time proposal may be submitted Tuesday, July 9th, 2024 before 3:00 p.m. PST

Anticipated interview dates (estimate only) Week of July 15th, 2024

Evaluation of proposals (estimate only) Week of July 22nd, 2024

Notice of Intent to Award (estimate only) August 9th, 2024

Negotiations and execution of contract (estimate only) September 15, 2024

Contract start date (estimate only) October 1, 2024

Contract end date (estimate only)

9/30/2026 Initial term ends.

9/30/2029 Option terms end.

QUESTIONS

Submit all questions to Leticia.Rojo@kern.courts.ca.gov

3.0 DESCRIPTION OF SERVICES AND DELIVERABLES

The Court seeks the services of a person(s) or entity(s) with expertise in mediating court cases in the areas listed. The successful vendor(s) will provide a Dispute Resolution Program that meets the Court’s specific Goals, Objectives and Priorities as described in Attachment 2 of this RFP. Collaboration among service providers is encouraged, therefore joint or tiered proposals will be considered. Applicants may provide proposals for one or more or all of the primary case categories.

The Contractor shall provide mediators to service locations as approved by the Court Project Manager to include but not limited to:

• Delano – 1122 Jefferson Street, Delano, CA 93215

• Lamont – 12022 Main Street, Lamont, CA 93241

• Metropolitan Division – 1415 Truxtun Ave., Bakersfield, CA 93301

• Metropolitan Division Justice Building – 1215 Truxtun Ave., Bakersfield, CA

• Shafter – 325 Central Valley Highway, Shafter, CA 93263

Contractor shall provide sufficient amount of mediators to mediate case types as approved by the Court Project Manager to include but not limited to:

• Civil Harassment

• Limited Civil

• Small Claims

• Unlawful Detainer mailto:Leticia.Rojo@kern.courts.ca.gov

The amount of mediators and case type mediation assignments available at each location shall be agreed upon by the Court Project manager and Contractor Project Manager.

3.1 Mediation stats for 2023 – total 662 cases where parties were either invited to mediate, or there was the availability of a mediator, in the areas of small claims, unlawful detainer and civil harassments.

3.2 Annual case estimates at between 550 and 600 in Metro and about 100 in the Multi Divisional Courts of Shafter, Lamont and Delano.

3.3 The vendor(s) will provide the following deliverables, as directed by the Act, Regulations, and the Court:

3.3.1 Dispute resolution services as described above;

3.3.2 Yearly conduct follow up survey information collected from disputants served by the program per California Code of Regulations, Title 16, Division 36, Section 3635; and

3.3.3 Monthly activity reports per California Business and Professions Code

§471.5:,

• Annually provide statistical data regarding the operating budget;

• Quarterly, provide the number of referrals, categories or types of cases referred to the program;;

• Quarterly, provide the number of persons utilizing the process more than once;

• Annually, provide the duration of and the estimated costs of the hearings conducted by the programs;

• Quarterly, provide the nature of the disputes resolved; ;

• Quarterly, provide the number of disputants served by the program;

• Quarterly, provide the number of partial and/or complete agreements reached in mediation; and,

• Quarterly, provide the rates of compliance;

3.3.4 Quarterly evaluation meetings – review vendors’ adherence to and advancement of plans, (Act) goals, with the chair of the ADR Committee, ADR Administrator, and Administrative Coordinator.

3.5 Staffing.

3.5.1 Contractor shall assign only persons who have sufficient training and education, which shall include but not be limited to successful completion of Contractor’s Basic Mediation Training or equivalent, and experience to successfully perform Contractor’s duties.

3.5.2 Contractor shall endeavor to minimize turnover of personnel Contractor has assigned to perform Contractor’s duties under the Agreement. Any additional personnel are subject to approval by the Court.

4.0 RFP ATTACHMENTS

The following attachments are included as part of this RFP:

ATTACHMENT DESCRIPTION

Attachment 1:

Administrative Rules Governing RFPs (Non-IT Services)

These rules govern this solicitation.

Attachment 2: Goals, Objectives and Priorities Attachment 3:

Dispute Resolution Programs Act

Business and Professions Code, Chapter 8, Dispute Resolution Programs (California law regarding Dispute Resolution Programs). (“Act”)

Attachment 4 California Code of Regulations

CCR, Division 36, Dispute Resolution Advisory Council “Regulations”

Attachment 5:

Standard Terms and Conditions

If selected, the person or entity submitting a proposal (the “Proposer”) must sign an agreement substantially similar to the attached Standard Form agreement.

The minimum contract terms (“Minimum Terms”) are outlined in section 8.1.8 of this RFP.

Attachment 6:

Proposer’s Acceptance of Terms and Conditions

On this form, the Proposer must indicate acceptance of the Terms and Conditions or identify exceptions to the Terms and Conditions.

Note: A material exception to a Minimum Term will render a proposal non-responsive.

Attachment 7:

General Certifications Form

The Proposer must complete the General Certifications Form and submit the completed form with its proposal.

Attachment 8: Darfur Contracting Act Certification

The Proposer must complete the Darfur Contracting Act Certification and submit the completed certification with its proposal.

Attachment 9:

Bidder DVBE Declaration Form

The Proposer must complete this form only if it wishes to claim the disabled veteran business enterprise incentive associated with this solicitation.

Attachment 10:

DVBE Declaration

Each DVBE that will provide goods and/or services in connection with the contract must complete this form. If Proposer is itself a DVBE, it must also complete and sign the DVBE Declaration.

5.0 PAYMENT INFORMATION

Payment will be based on the terms and conditions of a fully executed agreement and all attachments and addenda thereto. The Court does not pre-pay for services.

6.0 Mandatory Pre-proposal Conference

The Court will hold a mandatory pre-proposal conference on the date identified in the timeline above. The pre-proposal conference will be held at the Court’s offices at 1430 Truxtun Avenue, 5th floor, Bakersfield, CA 93301; the conference will be in the Administration Conference Room.

Attendance at the pre-proposal conference is MANDATORY. Each Proposer must be certain to check in at the pre-proposal conference, as the attendance list will be used to ascertain compliance with this requirement. The Court will reject a proposal from any Proposer who did not attend the pre-proposal conference.

7.0 SUBMISSIONS OF PROPOSALS

7.1 Proposals should provide straightforward, concise information that satisfies the requirements of the “Proposal Contents” section below. Expensive bindings, color displays, and the like are not necessary or desired. Emphasis should be placed on conformity to the RFP’s instructions and requirements, and completeness and clarity of content.

7.2 The Proposer must submit its proposal in two parts, the technical proposal and the cost proposal.

a. The Proposer must submit one (1) original and three (3) copies of the technical proposal. The original must be signed by an authorized representative of the Proposer. The original technical proposal (and the copies thereof) must be submitted to the Court in a single sealed envelope, separate from the cost proposal. The Proposer must write the RFP title and number on the outside of the sealed envelope.

b. The Proposer must submit one (1) original of the cost proposal.

The original must be signed by an authorized representative of the Proposer. The original cost proposal (and the copies thereof) must be submitted to the Court in a single sealed envelope, separate from the technical proposal. The Proposer must write the RFP title and number on the outside of the sealed envelope.

c. The Proposer must submit an electronic version of the entire proposal on CD-ROM or USB memory stick/flash drive. The files must be in PDF, Word, or Excel formats only.

7.3 Proposals must be delivered by the date and time listed on the coversheet of this RFP to:

Superior Court of Kern County 1430 Truxtun Ave., 5th floor Bakersfield, CA 93301 Attention: Leticia Rojo Court Supervising Buyer

7.4 Late proposals will not be accepted.

7.5 Only written proposals will be accepted. Proposals must be sent by registered or certified mail, courier service (e.g. FedEx), or delivered by hand. Proposals may not be transmitted by fax or email.

8.0 PROPOSAL CONTENTS

8.1 Technical Proposal. The following information must be included in the technical proposal. A proposal lacking any of the following information may be deemed non-responsive.

8.1.1 Proposer Information. The Proposer’s name, address, telephone and fax numbers, and federal tax identification number. Note that if the Proposer is a sole proprietor using his or her social security number, the social security number will be required before finalizing a contract.

8.1.2 Designated Representative. Name, title, address, telephone number, and email address of the individual who will act as the Proposer’s designated representative for purposes of this RFP.

8.1.3 References. Names, addresses, and telephone numbers of a minimum of five (5) clients for whom the Proposer has conducted similar services.

The Court may check references listed by the Proposer.

8.1.4 Key Staff Members. For each key staff member: a resume describing the individual’s background and experience, as well as the individual’s ability and experience in conducting the proposed activities.

8.1.5 Meeting the Minimum Qualifications. The bidder must state specifically in its Technical Proposal how it will comply with each minimum qualification specified in section 10.0 below. Subject to the Court’s right in its complete discretion to waive minor deviations or defects, only those proposals that meet all of the foregoing minimum qualifications shall be considered for a full evaluation and a possible contract award.

8.1.6 Proposed Program and Goals, Objectives and Priorities. Vendor will describe the organization’s proposed program and how it will meet the county’s Goals, Objectives, and Priorities as described in Attachment 2 for each of the five goals of this RFP.

8.1.7 Project Accomplishments and Methods. Vendor will list the objectives in quantifiable, measurable, and verifiable terms, indicating specifically what the proposed project will strive to accomplish and the methods contemplated for accomplishing the objectives.

8.1.8 Acceptance of the Terms and Conditions. On Attachment 6, the Proposer must either indicate acceptance of the Terms and Conditions or clearly identify exceptions to the Terms and Conditions. An “exception” includes any addition, deletion, or other modification.

If exceptions are identified, the Proposer must also submit (i) a red-lined version of the Terms and Conditions that implements all proposed changes, and (ii) a written explanation or rationale for each exception and/or proposed change.

Note: A material exception to a Minimum Term will render a proposal non-responsive. The following terms are designated as Minimum Terms:

• Invoicing and Payment (Appendix B, section 2)

• Contractor Certification Clauses (Appendix C, section 1)

• Indemnity (Appendix C, section 2)

• Termination and Cancellation (Appendix C, section 5)

• Assignment and Subcontracting (Appendix C, section 6)

• Special Provisions (Appendix C, sections 8.1 – 8.8)

8.1.9 Certifications, Attachments, and other requirements.

i. The Proposer must certify that proposer has no interest that would constitute a conflict of interest under California Public Contract Code §§ 10365.5, 10410 or 10411; Government Code §§ 1090 et seq. or 87100 et seq.; or California Rule of Court 10.103 or 10.104, which restricts employees and former employees from contracting with judicial branch entities.

ii. The Proposer must complete the General Certifications Form (Attachment 7) and submit the completed form with its proposal.

iii. The Proposer must complete the Darfur Contracting Act Certification (Attachment 8) and submit the completed certification with its proposal.

iv. If Contractor is a California corporation, limited liability company (“LLC”), limited partnership (“LP”), or limited liability partnership (“LLP”), Contract must submit proof that Contractor is in good standing in California. If Contractor is a foreign corporation, LLC, LP, or LLP and Contractor conducts or will conduct (if awarded the contract) intrastate business in California, Contractor must submit proof that Contractor is qualified to do business and is in good standing in California. If Contractor is a foreign corporation, LLC, LP, or LLP, and Contractor does not (and will not if awarded the contract) conduct intrastate business in California, Contractor must submit proof that Contractor is in good standing in its home jurisdiction.

v. The Proposer must submit copies of the Proposer’s (and any subcontractors’) current business licenses, professional certifications, or other credentials as related to the services that will be provided.

vi. The Proposer must submit proof of financial solvency or stability (e.g., balance sheets and income statements).

h. Meet the CCR §3608 Grant Application Requirements.

“(a) In addition to the requirements of section 468.2 of the Act, all applicants shall also provide the following as part of the application for funding:

(1) A description of the applicant’s organizational structure, including that of any sponsoring or parent organizations;

(2) A description of the proposed geographic area of service, the service population, and the number of persons the applicant will have the capacity to serve on an annual basis;

(3) A description of the types of disputes to be handled, the types of dispute resolution services to be offered, and any restrictions to be imposed by the program;

(4) A description of any fee schedule to be used;

(5) A list of civic groups, social services agencies, governmental entities, and justice system agencies available to accept and make referrals to the applicant;

(6) A description of the applicant’s plans for publicizing its services to potential referral agencies, courts and justice system agencies, and the public;

(7) The applicant’s organizational chart, personnel policies, duty statements, and resumes of all professional staff.

(8) A statement that in origin staff, recruiting volunteers, or rendering services, the applicant will not discriminate with regard to race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation or age.

(b) Pursuant to §470.2 of the California Business and Professions Code, each applicant that shall submit an estimated budget for the grant period. In-kind donations may be reported as anticipated revenue to be derived from sources other than the county revenues generated pursuant to the Act, so long as the requirements of §3640 of these Regulations are satisfied.”

[California Code of Regulations, Title 16, Chapter 36.]

8.2 Cost Proposal. The following information must be included in the cost proposal.

i. A detailed line item budget showing total cost of the proposed services.

ii. A full explanation of all budget line items in a narrative entitled “Budget Justification.”

iii. A “not to exceed” total for all work and expenses payable under the contract, if awarded.

NOTE: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code §§465 et seq. (“B&P”) (Minimum requirements can be met by combining experience, expertise, and resources of vendor and any proposed subcontractors):

9.0 OFFER PERIOD

A Proposer's proposal is an irrevocable offer for ninety (90) days following the proposal due date. In the event a final contract has not been awarded within this period, the Court reserves the right to negotiate extensions to this period.

10.0 MINIMUM QUALIFICATIONS

To be considered for full evaluation and possible award, bidders must first meet the threshold minimum qualification requirements listed in the following table, per California Business and Professions Code.

No. Minimum Qualifications 1 Compliance with California B&P §§465 et seq., and the applicable rules and regulations of the advisory council (See B&P §467.2, Attachment 4, attached).

2 Demonstrate knowledge of ADR process and its progression in Kern County.

3 Demonstrate experience in providing ADR services within Kern County and cities therein.

4 Demonstrate that its primary purpose is the provision of dispute resolution services, as defined in DRPA and the DRPA Regulations by documenting that a minimum of fifty-one percent (51%) of its estimated annual operating budget is allocated to and expended for such services.

5 A statement verifying its status as required by 16 CCR§36 as follows:

• An applicant administered and funded by a county or city must document:

11.0 EVALUATION OF PROPOSALS

At the time proposals are opened, each proposal will be checked for the presence or absence of the required proposal contents.

Per the Business & Professions Code, “A program shall not be eligible for funding under this chapter unless it meets all of the following requirements:

(a) Compliance with this chapter and the applicable rules and regulations of the advisory council;

(b) Provision of neutral persons adequately trained in conflict resolution techniques as required by the rules and regulations promulgated by the advisory council pursuant to Section 471.

(c) Provision of dispute resolution, on a sliding scale basis, and without cost to indigents.

(d) Provision that, upon consent of the parties, a written agreement or an award resolving dispute will be issued settling out a settlement of the issues involved in the dispute and the future responsibilities of each party.

(e) Provision of neutral procedures applicable equally to all participants without any special benefit or consideration given to persons or entities providing funding for the programs.

(f) Provision that participation in the program is voluntary and that the parties are not coerced to enter dispute resolution.

(g) Provision of alternative dispute resolution is the primary purpose of the program.

o that it is a distinct, identifiable unit of that government;

and o that it has a separate and identifiable annual operating budget.

• A non-governmental applicant must certify:

o That it is non-partisan; and o That it is a non-profit corporation or a component of such a corporation with a separate and identifiable annual operating budget; and, o That it is exempt from federal taxation pursuant to Internal Revenue Code §501(c)(3) or that it has an application for §501(c)(3) status currently pending before the Internal Revenue Service.

6 An estimated annual operating budget reflecting that at least fifty percent (50%) of its anticipated revenue will be derived from sources other than those provided pursuant to DRPA. In-kind donations may be credited toward such other revenues.

RFP Number: DRPA072015

(h) Programs operating by counties that receive funding under this chapter shall be operated primarily for the purposes of dispute resolution, consistent with the purposes of this chapter (B&P §467.2, see Attachment 4).

The proposals will be evaluated to determine the proposal(s) that offers the best value to the Court. The Court will evaluate the proposals on a 100 point scale using the criteria set forth in the table below. Award, if made, will be to the highest-scored proposal.

If a contract will be awarded, the Court will post the intent to award notice at http://www.kern.courts.ca.gov/home.aspx (see the Quick information, Procurement / Vendors section of the website).

Although some factors are weighted more than others, all are considered necessary, and a proposal must be technically acceptable in each area to be eligible for award.

With regards to cost, the Court reserves the right, in its sole discretion, to reject any proposal whose price is outside of the competitive range.

CRITERION MAXIMUM NUMBER OF

POINTS

General organizational ability and competence (including management effectiveness and financial soundness)

Ability to meet Court Goals, Objectives, and Priorities (including feasibility, creativity and scope of plan)

Cost 50

Ability to develop broad financial support (including likelihood of eventually lessening reliance on Court funding)

Disabled Veteran Enterprise Incentive 3

12.0 INTERVIEWS

The Court may conduct interviews with Proposers to clarify aspects set forth in their proposals or to assist in finalizing the ranking of top-ranked proposals. The interviews may be conducted in person or by phone. If conducted in person, interviews will likely be held at the Court’s offices. The Court will not reimburse Proposers for any costs incurred in traveling to or from the interview location. The Court will notify eligible Proposers regarding interview arrangements.

http://www.kern.courts.ca.gov/home.aspx(see

13.0 CONFIDENTIAL OR PROPRIETARY INFORMATION

PROPOSALS ARE SUBJECT TO DISCLOSURE PURSUANT TO APPLICABLE

PROVISIONS OF THE CALIFORNIA PUBLIC CONTRACT CODE AND RULE

10.500 OF THE CALIFORNIA RULES OF COURT. The Court will not disclose (i) social security numbers, or (ii) balance sheets or income statements submitted by a Proposer that is not a publicly-traded corporation. All other information in proposals will be disclosed in response to applicable public records requests. Such disclosure will be made regardless of whether the proposal (or portions thereof) is marked “confidential,” “proprietary,” or otherwise, and regardless of any statement in the proposal (a) purporting to limit the Court’s right to disclose information in the proposal, or (b) requiring the Court to inform or obtain the consent of the Proposer prior to the disclosure of the proposal (or portions thereof). Any proposal that is password protected, or contains portions that are password protected, may be rejected. Proposers are accordingly cautioned not to include confidential, proprietary, or privileged information in proposals.

14.0 DISABLED VETERAN BUSINESS ENTERPRISE (“DVBE”) INCENTIVE

1.1 Qualification for the DVBE incentive is not mandatory. Failure to qualify for the

DVBE incentive will not render a proposal non-responsive.

1.2 Eligibility for and application of the DVBE incentive is governed by the Court’s

DVBE Rules and Procedures. Proposer will receive a DVBE incentive if, in the Court’s sole determination, Proposer has met all applicable requirements. If Proposer receives the DVBE incentive, a number of points will be added to the score assigned to Proposer’s proposal. The number of points that will be added is specified in Section 11 above.

1.3 To receive the DVBE incentive, at least 3% of the contract goods and/or services must be provided by a DVBE performing a commercially useful function. Or, for solicitations of non-IT goods and IT goods and services, Proposer may have an approved Business Utilization Plan (“BUP”) on file with the California Department of General Services (“DGS”).

1.4 If Proposer wishes to seek the DVBE incentive:

• Proposer must complete and submit with its proposal the Bidder Declaration (Attachment 6). Proposer must submit with the Bidder Declaration all materials required in the Bidder Declaration.

• Proposer must submit with its proposal a DVBE Declaration completed and signed by each DVBE that will provide goods and/or services in connection with the contract. If Proposer is itself a DVBE, it must also complete and sign the DVBE Declaration. If Proposer will use DVBE subcontractors, each DVBE subcontractor must complete and sign a DVBE Declaration. NOTE:

The DVBE Declaration is not required if Proposer will qualify for the DVBE incentive using a BUP on file with DGS.

1.5 Failure to complete and submit these forms as required will result in Proposer not receiving the DVBE incentive. In addition, the Court may request additional written clarifying information. Failure to provide this information as requested will result in Proposer not receiving the DVBE incentive.

1.6 If this solicitation is for IT goods and services, the application of the DVBE incentive may be affected by application of the small business preference. For additional information, see the Court’s Small Business Preference Procedures for the Procurement of Information Technology Goods and Services.

1.7 If Proposer receives the DVBE incentive: (i) Proposer will be required to complete a post-contract DVBE certification if DVBE subcontractors are used;

(ii) Proposer must use any DVBE subcontractor(s) identified in its proposal unless the JBE approves in writing the substitution of another DVBE; and (iii) failure to meet the DVBE commitment set forth in its proposal will constitute a breach of contract.

FRAUDULENT MISREPREPRETATION IN CONNECTION WITH THE DVBE

INCENTIVE IS A MISDEMEANOR AND IS PUNISHABLE BY

IMPRISONMENT OR FINE, AND VIOLATORS ARE LIABLE FOR CIVIL

PENALTIES. SEE MVC 999.9.

15.0 PROTESTS

Any protests will be handled in accordance with Chapter 7 of the Judicial Branch Contracting Manual (see www.courts.ca.gov/documents/jbcl-manual.pdf). Failure of a Proposer to comply with the protest procedures set forth in that chapter will render a protest inadequate and non-responsive, and will result in rejection of the protest. The deadline for the Court to receive a solicitation specifications protest is the proposal due date. Protests must be sent to:

Superior Court of Kern County 1415 Truxtun Avenue Bakersfield, CA 93301 Attention: Deputy CEO – Finance http://www.courts.ca.gov/documents/jbcl-manual.pdf)

ATTACHMENT 1

ADMINISTRATIVE RULES GOVERNING RFPS

(NON-IT GOODS AND SERVICES)

1. COMMUNICATIONS WITH THE JUDICIAL BRANCH ENTITY ( “JBE”)

REGARDING THE RFP

Except as specifically addressed elsewhere in the RFP, Proposers must send any communications regarding the RFP to TCSolicitation@jud.ca.gov (the “Solicitations Mailbox”). Proposers must include the RFP Number in subject line of any communication.

2. QUESTIONS REGARDING THE RFP

Proposers interested in responding to the RFP may submit questions via email to the Solicitations Mailbox on procedural matters related to the RFP or requests for clarification or modification of the RFP no later than the deadline for questions listed in the timeline of the RFP. Once submitted, questions become part of the procurement file and are subject to disclosure. Proposers are accordingly cautioned not to include any proprietary or confidential information in questions. If the Proposer is requesting a change, the request must set forth the recommended change and the Proposer’s reasons for proposing the change. Questions or requests submitted after the deadline for questions will not be answered. Without disclosing the source of the question or request, a copy of the questions and the JBE’s responses will be made available prior to the proposal due date and time.

3. ERRORS IN THE RFP

A. If, before the proposal due date and time listed in the timeline of the RFP, a Proposer discovers any ambiguity, conflict, discrepancy, omission, or error in the RFP, the Proposer must immediately notify the JBE via email to the Solicitations Mailbox and request modification or clarification of the RFP. Without disclosing the source of the request, the JBE may modify the RFP before the proposal due date and time by releasing an addendum to the solicitation.

B. If a Proposer fails to notify the JBE of an error in the RFP known to the Proposer, or an error that reasonably should have been known to the Proposer, before the proposal due date and time listed in the timeline of the RFP, the Proposer shall propose at its own risk.

Furthermore, if the Proposer is awarded the agreement, the Proposer shall not be entitled to additional compensation or time by reason of the error or its later correction.

4. ADDENDA

A. The JBE may modify the RFP before the proposal due date and time listed in the timeline of the RFP by issuing an addendum. If an addendum is issued, it will be posted at http://www.kern.courts.ca.gov/home.aspx (see the Quick information, Procurement / Vendors section of the website). It is each Proposer’s responsibility to inform itself of any addendum.

B. If any Proposer determines that an addendum unnecessarily restricts its ability to propose, the Proposer shall immediately notify the JBE via email to the Solicitations Mailbox no later than one day following issuance of the addendum.

mailto:TCSolicitation@jud.ca.gov http://www.kern.courts.ca.gov/home.aspx

5. WITHDRAWAL AND RESUBMISSION/MODIFICATION OF PROPOSALS

A Proposer may withdraw its proposal at any time before the deadline for submitting proposals by notifying the JBE in writing of its withdrawal. The notice must be signed by the Proposer. The Proposer may thereafter submit a new or modified proposal, provided that it is received at the JBE no later than the proposal due date and time listed in the timeline of the RFP. Modifications offered in any other manner, oral or written, will not be considered. Proposals cannot be changed or withdrawn after the proposal due date and time listed in the timeline of the RFP.

6. ERRORS IN THE PROPOSAL

If errors are found in a proposal, the JBE may reject the proposal; however, the JBE may, at its sole option, correct arithmetic or transposition errors or both. If these corrections result in significant changes in the amount of money to be paid to the Proposer (if selected for the award of the agreement), the Proposer will be informed of the errors and how they were corrected, and given the option to abide by the corrected amount or withdraw the proposal.

7. RIGHT TO REJECT PROPOSALS

A. Before the proposal due date and time listed in the timeline of the RFP, the JBE may cancel the RFP for any or no reason. After the proposal due date and time listed in the timeline of the RFP, the JBE may reject all proposals and cancel the RFP if the JBE determines that: (i) the proposals received do not reflect effective competition; (ii) the cost is not reasonable; (iii) the cost exceeds the amount expected; or (iv) awarding the contract is not in the best interest of the JBE.

B. The JBE may or may not waive an immaterial deviation or defect in a proposal. The JBE’s waiver of an immaterial deviation or defect shall in no way modify the RFP or excuse a Proposer from full compliance with RFP specifications. Until a contract resulting from this RFP is signed, the JBE reserves the right to accept or reject any or all of the items in the proposal, to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the JBE’s best interest. A notice of intent to award does not constitute a contract, and confers no right of contract on any Proposer.

C. The JBE reserves the right to issue similar RFPs in the future. The RFP is in no way an agreement, obligation, or contract and in no way is the JBE or the State of California responsible for the cost of preparing the proposal.

D. Proposers are specifically directed NOT to contact any JBE personnel or consultants for meetings, conferences, or discussions that are related to the RFP at any time between release of the RFP and any award and execution of a contract. Unauthorized contact with any JBE personnel or consultants may be cause for rejection of the Proposer’s proposal.

8. EVALUATION PROCESS

A. An evaluation team will review all proposals that are received by the appropriate deadline to determine the extent to which they comply with RFP requirements.

B. Proposals that contain false or misleading statements may be rejected if in the JBE’s opinion the information was intended to mislead the evaluation team regarding a requirement of the RFP.

C. During the evaluation process, the JBE may require a Proposer's representative to answer questions with regard to the Proposer’s proposal. Failure of a Proposer to demonstrate that the claims made in its proposal are in fact true may be sufficient cause for deeming a proposal non-responsive.

D. In the event of a tie, the contract will be awarded to the winner of a single coin toss. The coin toss will be witnessed by two JBE employees. The JBE will provide notice of the date and time of the coin toss to the affected Proposers, who may attend the coin toss at their own expense.

9. DISPOSITION OF MATERIALS

All materials submitted in response to the RFP will become the property of the JBE and will be returned only at the JBE’s option and at the expense of the Proposer submitting the proposal.

10. PAYMENT

A. Payment terms will be specified in any agreement that may ensue as a result of the RFP.

B. THE JBE DOES NOT MAKE ADVANCE PAYMENT FOR SERVICES. Payment is normally made based upon completion of tasks as provided in the agreement between the JBE and the selected Proposer.

11. AWARD AND EXECUTION OF AGREEMENT

A. Award of contract, if made, will be in accordance with the RFP to a responsible Proposer submitting a proposal compliant with all the requirements of the RFP and any addenda thereto (including any administrative or technical requirements), except for such immaterial defects as may be waived by the JBE.

B. A Proposer submitting a proposal must be prepared to use a standard JBE contract form rather than its own contract form.

C. Upon award of the agreement, the agreement shall be signed by the Proposer in two original contract counterparts and returned, along with the required attachments, to the JBE no later than ten (10) business days of receipt of agreement form or prior to the end of June if award is at fiscal year-end. Agreements are not effective until executed by both parties. Any work performed before receipt of a fully-executed agreement shall be at the Proposer’s own risk.

12. FAILURE TO EXECUTE THE AGREEMENT

Failure to execute the agreement within the time frame required by the JBE constitutes sufficient cause for voiding the award. Failure to comply with other requirements within the set time constitutes failure to execute the agreement. If the successful Proposer refuses or fails to execute the agreement, the JBE may award the agreement to the next qualified Proposer.

13. NEWS RELEASES

News releases or other publicity pertaining to the award of a contract may not be issued without prior written approval of the Court Executive Officer.

14. AMERICANS WITH DISABILITIES ACT

The JBE complies with the Americans with Disabilities Act (ADA) and similar California statutes. Requests for accommodation of disabilities by Proposers should be directed to the Solicitations Mailbox.

ATTACHMENT 2:

GOALS, OBJECTIVES AND PRIORITIES

The Superior Court, County of Kern, has established a program of mediation to serve the Court and its constituents consistent with the requirements of the Dispute Resolution Programs Act of 1986 (hereafter DRPA) (California Business and Professions Code §§465, et seq.). The Act was passed by the Legislature to “provide for the local establishment and funding of informal dispute resolution programs.” The Superior Court will provide a continuum of mediation services through a DRPA funded program.

Program Goals

• DRPA funding will be utilized to provide mediation services in the Superior Court to facilitate the early resolution of disputes;

• Mediation services will help local county residents and other litigants resolve their disputes in civil, family law, and probate matters;

• Mediation services help the Superior Court with the timely and efficient disposition of cases;

• DRPA resources will help with efforts to promote the use of and educate prospective litigants about mediation services available to assist them in the early resolution of their disputes.

Program Objectives

• To build on the success of the Superior Court, County Kern mediation and dispute resolution programs initiated in 2006;

• To develop a cooperative dispute resolution program with local providers for the continued implementation of mediation services in the local courts;

• To coordinate and implement a mediation program that improves the effectiveness of the Superior Court in resolving disputes;

• To maximize the available DRPA funds to continue cost effective and efficient mediation programs for the early resolution of disputes in civil, probate, and family law matters in the County of Kern.

Program Priorities

Utilization of DRPA funds and the mediation program priorities will be established by the Superior Court Alternative Dispute Resolution Committee appointed by the Presiding Judge of the Superior Court, County of Kern.

ATTACHMENT 3:

CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 465 et seq

465. The Legislature hereby finds and declares all of the following:

(a) The resolution of many disputes can be unnecessarily costly, time-consuming, and complex when achieved through formal court proceedings where the parties are adversaries and are subjected to formalized procedures.

(b) To achieve more effective and efficient dispute resolution in a complex society, greater use of alternatives to the courts, such as mediation, conciliation, and arbitration should be encouraged.

Community dispute resolution programs and increased use of other alternatives to the formal judicial system may offer less threatening and more flexible forums for persons of all ethnic, racial, and socioeconomic backgrounds. These alternatives, among other things, can assist in the resolution of disputes between neighbors, some domestic disputes, consumer-merchant disputes, and other kinds of disputes in which the parties have continuing relationships. A noncoercive dispute resolution forum in the community may also provide a valuable prevention and early intervention problem-solving resource to the community.

(c) Local resources, including volunteers reflective of the diversity of the community and available public buildings should be utilized to achieve more accessible, cost-effective resolutions of disputes. Additional financial resources are needed to expand, stabilize, and improve existing programs and entities which sponsor alternative dispute resolution.

(d) Courts, prosecuting authorities, law enforcement agencies, and administrative agencies should encourage greater use of alternative dispute resolution techniques whenever the administration of justice will be improved.

(e) Counties should consider increasing the use of alternative dispute resolution in their operations as plans for court reform are developed and implemented.

(f) The Judicial Council should consider, in redrafting or updating any of the official pleading forms used in the trial courts of this state, the inclusion of information on options for alternative dispute resolution.

465.5. It is the intent of the Legislature to permit counties to accomplish all of the following:

(a) Encouragement and support of the development and use of alternative dispute resolution techniques.

(b) Encouragement and support of community participation in the development, administration, and oversight of local programs designed to facilitate the informal resolution of disputes among members of the community.

(c) Development of structures for dispute resolution that may serve as models for resolution programs in other communities.

(d) Education of communities with regard to the availability and benefits of alternative dispute resolution techniques.

(e) Encouragement of courts, prosecuting authorities, public defenders, law enforcement agencies, and administrative agencies to work in cooperation with, and to make referrals to, dispute resolution programs.

At the time that the state assumes the responsibility for the funding of California trial courts, consideration shall be given to the Dispute Resolution Advisory Council's evaluation of the effectiveness of alternative dispute resolution programs and the feasibility of the operation of a statewide program of grants, with the intention of funding alternative dispute resolution programs on a statewide basis.

466. As used in this chapter:

(a) "Dispute resolution" includes, but is not limited to, mediation, conciliation, and arbitration.

(b) "Program" means an entity that provides dispute resolution.

(c) "Advisory Council" means the Dispute Resolution Advisory

Council.

467. (a) There is in the Division of Consumer Services of the Department of Consumer Affairs a Dispute Resolution Advisory Council.

The advisory council shall complete the duties required by this chapter no later than January 1, 1989.

(b) The advisory council shall consist of seven persons, five of whom shall be appointed by the Governor. One member shall be appointed by the Senate Rules Committee, and one member shall be appointed by the Speaker of the Assembly. At least four of the persons appointed to the advisory council shall be active members of the State Bar of California, and at least four persons appointed to the advisory council shall have a minimum of two years of direct experience in utilizing dispute resolution techniques. The members of the advisory council shall reflect the racial, ethnic, sexual, and geographic diversity of the State of California.

(c) The members of the advisory council shall not receive a salary for their services but shall be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their duties.

467.1. (a) A program funded pursuant to this chapter shall be operated pursuant to contract with the county and shall comply with all of the requirements of this chapter and the rules and regulations of the advisory council.

(b) Counties may establish a program of grants to public entities and nonpartisan nonprofit corporations for the establishment and continuance of programs to be operated under the requirements of this chapter and the standards developed by the advisory council. The board of supervisors of a county in which, because of the county's size, the distribution authorized by Section 470.5 is insufficient to establish a county program may enter into an agreement with the board of supervisors of one or more other such counties to establish a program authorized by this chapter on a regional basis.

467.2. A program shall not be eligible for funding under this chapter unless it meets all of the following requirements:

(a) Compliance with this chapter and the applicable rules and regulations of the advisory council.

(b) Provision of neutral persons adequately trained in conflict resolution techniques as required by the rules and regulations promulgated by the advisory council pursuant to Section 471.

(c) Provision of dispute resolution, on a sliding scale basis, and without cost to indigents.

(d) Provision that, upon consent of the parties, a written agreement or an award resolving a dispute will be issued setting out a settlement of the issues involved in the dispute and the future responsibilities of each party.

(e) Provision of neutral procedures applicable equally to all participants without any special benefit or consideration given to persons or entities providing funding for the programs.

(f) Provision that participation in the program is voluntary and that the parties are not coerced to enter dispute resolution.

(g) Provision of alternative dispute resolution is the primary purpose of the program.

(h) Programs operated by counties that receive funding under this chapter shall be operated primarily for the purposes of dispute resolution, consistent with the purposes of this chapter.

467.3. Programs funded pursuant to this chapter shall provide persons indicating an intention to utilize the dispute resolution process with a written statement prior to the dispute resolution proceeding, in language easy to read and understand, stating all of the following:

(a) The nature of the dispute.

(b) The nature of the dispute resolution process.

(c) The rights and obligations of the parties, including, but not limited to, all of the following:

(1) The right to call and examine witnesses.

(2) The right of the parties to be accompanied by counsel, who may participate as permitted under the rules and procedures of the program.

(d) The procedures under which the dispute resolution will be conducted.

(e) If the parties enter into arbitration, whether the dispute resolution process will be binding.

467.4. (a) An agreement resolving a dispute entered into with the assistance of a program shall not be enforceable in a court nor shall it be admissible as evidence in any judicial or administrative proceeding, unless the consent of the parties or the agreement includes a provision that clearly states the intention of the parties that the agreement or any resulting award shall be so enforceable or admissible as evidence.

(b) The parties may agree in writing to toll the applicable statute of limitations during the pendency of the dispute resolution process.

467.5. Notwithstanding the express application of Chapter 2

(commencing with Section 1115) of Division 9 of the Evidence Code to mediations, all proceedings conducted by a program funded pursuant to this chapter, including, but not limited to, arbitrations and conciliations, are subject to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code.

467.6. Each program shall maintain those statistical records

required by Section 471.5, and as may be required by the county. The records shall maintain the confidentiality and anonymity of the parties.

467.7. (a) Unless the parties have agreed to a binding award, nothing in this chapter shall be construed to prohibit any person who voluntarily enters the dispute resolution process from revoking his or her consent, withdrawing from dispute resolution, and seeking judicial or administrative redress.

(b) In cases in which a criminal complaint has been filed by a prosecutor, other than for an infraction, the advice of counsel shall be obtained before any dispute resolution process is initiated.

Nothing in this subdivision shall be construed to preclude a defendant from knowingly and voluntarily waiving the right to counsel. A defendant who indicates a desire to waive the right to counsel shall be encouraged to consult with the public defender or private counsel before waiving that right.

468. All funds available to a county for the purposes of this chapter shall be utilized for projects proposed by eligible programs.

468.1. Programs shall be selected for funding by a county from the applications submitted therefor.

468.2. Applications submitted for funding shall include, but need not be limited to, all of the following information:

(a) Evidence of compliance with Sections 467.2, 467.3, and 467.4.

(b) A description of the proposed community area of service, cost of the principal components of operation, and any other characteristics, as determined by rules of the advisory council.

(c) A description of available dispute resolution services and facilities within the defined geographical area.

(d) A description of the applicant's proposed program, by type and purpose, including evidence of community support, the present availability of resources, and the applicant's administrative…