Scope_of_Work.docx
DOCX document 28 KB Posted
- Attached to
- Process Server
- Solicitation number
- 961-0908-26
- Issued by
- Tehama County, California
About this file
This document is a Scope of Work for a process serving contract between Solano County Department of Child Support Services and a private process serving contractor. The contract involves serving approximately 120 legal documents monthly, with 65% of services within Solano County and 35% in other California counties, with occasional out-of-state service. The contractor will be responsible for electronically receiving documents, attempting service through personal or substituted methods, making at least three service attempts, maintaining detailed records, providing status reports, and returning proofs of service within specified timeframes.
The contract is funded by the State of California Department of Child Support Services, with potential mandated process changes during the contract term. The contractor must provide detailed monthly invoicing, bi-weekly and monthly reporting, and be available to testify in court at no additional cost. Service requirements include strict documentation protocols, adherence to legal confidentiality standards, and maintaining service records for a minimum of three years. The county will support the contractor by providing service instruction sheets, case information, and potential photographs to facilitate successful service of legal documents.
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Text version
APPENDIX
MINIMUM PROCEDURAL REQUIREMENTS
CONTRACTOR SHALL BE RESPONSIBLE FOR THE FOLLOWING DUTIES:
A. PROCEDURAL REQUIREMENTS
1. Contractor will perform field service of civil and criminal legal documents, including, but not limited to, subpoenas, orders to show cause, summons and complaints, and notice of motions.
2. Documents to be served will be transmitted electronically on a daily basis, except County recognized holidays, from Solano County Department of Child Support Services (hereafter “County”) through a secure electronic email transmission. This does not preclude Contractor from serving process on these holidays. Contractor will be provided with a list of County holidays.
3. Contractor must print service packets daily and provide County with confirmation of the documents received by 9:00 a.m. the following business day.
4. If no specific date is assigned by County, Contractor will assign a service date of twenty (20) days from the date of receipt of the documents to be serviced.
5. When given at least seven (7) calendar days notice, Contractor shall attempt to serve documents no later than (21) twenty-one days prior to scheduled court date; such service shall also include subservice of documents , as allowed by Code of Civil Procedure Section §415.20.
6. Contractor shall make at least three (3) service attempts and meet due diligence requirements prior to substitute service. Due diligence requirements include making three (3) service attempts on three different days, at least one (1) attempted service prior to 7:00 a.m., at least one (1) attempted service after 5:00 p.m., and at least one attempted service between the hours of 8:00 a.m. and 5:00 p.m.. For service packages with only a business address, Contractor may make substituted service on the first (1st) attempt only if business will not allow Contractor to perform a personal service. In this instance Contractor may make substituted service on the first (1st) attempt and is not required to conform to due diligence requirements related to residence address.
7. The first service attempt is to be performed within two (2) business days from the date of receipt of the service packet for the local service area, and five (5) days for the non-local service area, and seven (7) days for out of state serves. First service attempt must be documented on field notes and declarations of due diligence.
8. Contractor will exercise independent judgment as to when it is appropriate to conduct on-site locate work in conjunction with attempted services. If service cannot be accomplished at the address provided, the server will attempt to obtain a forwarding address or employment information from current residents, neighbors, and apartment managers. If successful information is obtained through this activity, Contractor will follow through and attempt to secure service based on the information obtained. If such attempts prove to be unsuccessful, the server will notify County via email that service was unsuccessful and request new locate information from County.
9. If documents are not served within twenty (20) days of receipt, or if documents contain “bad address”, Contractor shall email designated contact person at County advising that service was unsuccessful within 48 hours and requesting new locate information from County. County will respond within 48 hours to request. If new locate information is available, Contractor will have an additional twenty (20) days to attempt service using new locate information. If no new information is available, Contractor will return “Non Service Report” within 5 business days and shred the service package. No service packages will be returned to County.
10. Contractor shall, upon request, provide County with any “locate” information that may have become known through the attempts to effect service that is different from information provided by County at the time of referral including, but not limited to, home address, telephone number, employer address, employer telephone number, address where service was affected, and any discovered “hangouts” frequented by the person to be served.
11. Contractor’s employees shall provide the Defendant with a brief description of the documents served and encourage the party to contact the County.
12. Contractor shall furnish County with an accurate description of the person served and the address where service was accomplished. When service cannot be completed, the server, when sending email to inform County of unsuccessful service, should provide a statement as to why service was not completed and a recounting of attempts made at service. Contractor shall provide information in the email about phone calls made, names of individuals contacted, or any other information that documents the unsuccessful attempt.
13. In the event County cancels a request for service of process prior to Contractor making a first attempt at service, the County shall not be charged. If one or more attempts at service have been made at time of cancellation, the appropriate non-service fee will be applied.
14. Contractor shall return completed proofs of service, and, in the case of sub-service, declarations of due diligence to County within five (5) business days after the service if the service is within the local service area and within seven (7) days if outside Contractor’s normal service area.
15. Contractor agrees to immediately contact County if Contractor determines that performing the requested service might endanger Contractor personnel.
16. Service of rush documents will be completed within 72 hours. If the service is unsuccessful, the Contractor will notify County within the same 72 hour time frame.
17. Contractor shall have a mechanism of reporting real-time status of each outstanding case to County from the time Contractor has County documents in its possession. Contractor will respond within 24 hours to inquiries about the status of a service request from County staff.
18. Contractor shall be available to testify at any court hearing at no additional cost to COUNTY. In the event that a Contractor employed independent contractor is needed to testify in court and does not agree to make an appearance voluntarily, County will issue a subpoena to that independent contractor requiring him/her to appear and testify in court.
19. Contractor agrees to furnish County with an itemized list of charges each month. A summary detail sheet is to be included providing the following information: County case number, date of service for each service request being billed, name of person served, the results of the service, the charge associated with that request (including service area), total invoice amount, and contract year-to-date invoice amount. Incomplete or inaccurate invoices will be returned to Contractor for correction.
20. Contractor shall provide electronically a bi-weekly report including the following: (1) a report on all cases that have been referred for service. The status of these reports will detail the current status of all cases referred by County which are still in the Contactor’s inventory and will include the case reference number and the date the case was received by Contractor.
21. Contractor shall provide electronically a monthly report including the following: (1) the total number of legal documents referred by County during the month; (2) a summary of the number and percentage of successful and unsuccessful serves by County; (3) total number and percentage of unsuccessful serves due to “bad address” or “not found”.
22. Nothing in this Agreement precludes County from utilizing other private process serving agencies or other Local Child Support Agencies (LCSA’s). Nor shall this Agreement preclude County employees from performing service of process for County under any circumstances.
23. Contractor shall make provision for service of documents outside normal business hours as is necessary to complete service of process.
24. Contractor shall provide procedures for County staff to contact Contractor after normal business hours.
25. Contractor may use other duly qualified process serving agencies for service of documents outside of the Contractors specified service areas.
26. Contractor shall provide occasional “stake out” service, and shall obtain prior approval for the time spent and total cost from County for each “stake out” performed.
B. Legal Requirements
1. Contractor, whenever possible, will attempt and perform personal service by delivery of the service documents to the individual named.
2. Where personal service is accomplished, it must be documented in a proof of service containing the following information: identify documents served; name of the person served; the time, date, location, and manner of service; sign and date by the service agent, stating the County in which he/she is registered and his/her registration number. The County shall be provided with one (1) original proof of service and one (1) copy.
a. Contractor understands and agrees that authority to sign a Proof of Service cannot be delegated. Contractor shall submit to the County only Proofs of Service signed by the agent who has performed the service.
3. Where personal service is not possible, Contractor will attempt substituted service on the individual named, which will include the following steps:
| a. | The service packet will be left at the named individual’s dwelling house (“usual place of abode”), usual place of business, or usual mailing address (other than a U.S. Postal Service); |
| b. | Leave the service packet with a “competent member of the household” or person “apparently in charge of his/her office or place of business,” at least 18 years old, “…who shall be informed of the contents thereof.” |
| c. | Thereafter, a second copy of the service packet is to be mailed (first class mail, postage prepaid) to the named individual at the place where the copies were left, within 5 days of sub-serving. |
| d. | All substituted services will be accompanied by a valid proof of service, with an attached affidavit of due diligence documenting that service was attempted on three different days at three different times of day. Thereafter, the Proof of Service on Affidavit must evidence a subsequent mailing to the address where the substituted service was performed. |
| e. | If it appears that a successful service may not be possible, Contractor will carefully evaluate the facts involved in the situation to determine if there is some evidence of service evasion on the part of the individual named. All such evidence will be carefully documented in field notes that may be incorporated into the document on Non-service. |
| f. | Under no circumstances will Orders to Show Cause be substitute served. Such services will not be eligible for compensation. |
| 4. | Contractor shall observe all applicable state and federal laws pertaining to the handling and confidentiality of service materials. |
5. Contractor shall keep a record of all service packages, served and un-served, for a minimum of three years.
6. Contractor will be required to abide by all applicable Federal and State laws and regulations, including, but not limited to:
a. California Code of Civil Procedures § 708.110 b California Code of Civil Procedures § 1005(13) (b)
c. California Family Code § 4009
d. Family Code § 17212(b) (3)
C. Quality Assurance Requirements
1. Contractor must maintain a log, database, or other records to track individual cases.
2. Contractor must tightly control time intervals of when legal papers are retrieved from County, when process is served and when forms are returned to County.
3. Contractor must maintain and provide access to real-time case status information for child support cases.
4. Any unusual patterns of service or irregularities in service shall be reported promptly to County.
D. Funding Source Requirements
The State of California Department of Child Support Services serves as the funding source for County. Changes to child support processes may be mandated by the State, requiring modification to this Contract during the course of this Contract’s term. Contractor shall be required to comply with all mandated changes.
COUNTY SHALL BE RESPONSIBLE FOR THE FOLLOWING DUTIES:
1. Transmit all documents to be served via secured electronic delivery on a daily basis.
2. Provide Service Instruction Sheet (SIS) for each service document. The SIS shall include the DCSS case number and shall specify instructions for service, including any known information which would improve the chances of a successful serve. A court date will also be provided if the matter is scheduled for a hearing.
3. Provide photos, when available for “hard serves” or as requested by Contractor to accomplish a successful serve.
4. Provide responses via email to Contractor locate inquiries within 48 hours of receipt of inquiry.
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