DATE: April 22, 2025
TO: Board of Supervisors
SUBMITTED BY: Kari Gilbert, Director, Department of Child Support Services
Sanja Bugay, Director, Department of Social Services
Kirk Haynes, Chief Probation Officer
Daniel C. Cederborg, County Counsel
SUBJECT: Agreement for Judicial Process Serving Services
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a retroactive Agreement with Mabry, Inc. dba Dynamic Legal Services for judicial process serving services, effective April 1, 2025, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $1,650,000.
REPORT
There is no increase to Net County Cost associated with the recommended action. Approval of the recommended action will allow the Department of Child Support Services (DCSS), the Department of Social Services (DSS), Probation, and County Counsel, to enter into a retroactive agreement with Mabry, Inc. dba Dynamic Legal Services for judicial process serving services from April 1, 2025 through March 31, 2028. This item is countywide.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. The service of legal documents is necessary for one of the core services provided by DCSS. Withouth process serving services, DCSS would be unable to establish and enforce child support orders. The DSS, Probation, and County Counsel also have a minimal need to serve legal documents.
RETROACTIVE AGREEMENT:
The recommended Agreement is retroactive to April 1, 2025 due to an unintentional delay related to the result of the Request for Quotation (RFQ) along with the subsequent processing of the recommended Agreement.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The total cost for the three-year base agreement is $990,000, and the estimated cost for the two optional one-year extensions of the agreement are $660,000 ($330,000 for each year). Total costs relating to the DCSS ($1,500,000) will be funded 100% with Federal (66%) and State (34%) funds. Total costs relating to the DSS ($75,000) will be funded 100% by Federal Adoption Funds. Total costs relating to Probation ($45,000) and County Counsel ($30,000) will be funded 100% by County General Funds that are already budgeted in the current fiscal year.
Sufficient appropriations and estimated revenues are included in the FY 2024-25 Adopted Budget for DCSS Org 5110, DSS Org 5610, Probation Org 3430, and County Cousel Org 0710. Appropriations for ongoing costs for the remaining term of the agreement will be included in each Department’s requested budgets for subsequent fiscal years.
DISCUSSION:
On March 10, 2020, the Board approved Agreement No. 20-103 with Mabry Inc., dba Dynamic Legal Services, to provide process serving services for DCSS, DSS, and Probation. The agreement terminated on March 31, 2025.
The County of Fresno issued RFQ No. 25-028 on December 12, 2024, and Addendum Number One (1), issued on January 8, 2025, which solicited competitive bids to provide process server services. Legal documents to be served include but are not limited to, the service of Summons and Complaints, Orders to Show Cause, Orders for Examination, court orders, and other various legal documents as required by each Department. The RFQ closed on January 24, 2025. All of the bids received in response to the RFQ were deemed non-responsive by the County Purchasing Manager. In instances where there are no acceptable bids received, the County is free to enter into an agreement with a vendor of its choosing.
On February 19, 2025, County Purchasing provided the requesting departments with information related to the vendor responses. The County’s current service provider, Dynamic Legal Services, was one of the bids deemed non-responsive. After departmental review, Dynamic Legal Services was selected as the chosen vendor based on their cost proposal, ability to provide the requested services, and prior experience performing this service for the County.
If approved, the recommended agreement shall become effective on April 1, 2025, and shall terminate on March 31, 2028. This agreement may be renewed for two (2) successive one-year terms, upon the same terms and conditions, provided the County gives Mabry, Inc. dba Dynamic Legal Services thirty (30) days advanced written notice of renewal before the commencement of each one-year term. The Director of the Department of Child Support Services or his/her designee may provide such notice of renewal on behalf of the County.
REFERENCE MATERIAL:
BAI #35, March 10, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with Mabry, Inc.
CAO ANALYST:
Fine Nai