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Agenda Item
ASR
Control 24-001005 |
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MEETING
DATE: |
09/23/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
Probation (Approved) |
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Department contact person(s): |
Daniel
Hernandez (714)-645-7001 |
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Jessica
Fort (714)-645-7002 |
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Subject: Contract with Redwood Toxicology
Laboratory Inc. for Drug Testing Services
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: $200,000 |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 8/27/2024 #19, 912/2023 #23, 9/13/2022
#24 |
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RECOMMENDED
ACTION(S):
Authorize County Procurement Officer or Deputized
designee to execute Amendment Eight with Redwood Toxicology Laboratory, Inc.
for the provision of Drugs and Alcohol Screening Products and Services,
effective October 1, 2025, through October 31, 2025, in the amount of $200,000
for a revised cumulative total amount not to exceed $11,352,669.
SUMMARY:
Approval of the Contract with
Redwood Toxicology Laboratory, Inc. will allow the Orange County Probation
Department to continue utilizing enhanced methods for random drug and alcohol
testing services to encourage clients to abstain from drug/alcohol use.
BACKGROUND
INFORMATION:
The Orange County Probation
Department (Probation) supervises adult and juvenile clients to ensure their
compliance with orders of the Court. Probation assists clients in identifying
potential underlying factors that may have contributed to their committed
offenses, such as substance use disorders. Supervision of clients may require
drug testing via either onsite drug testing or Random Drug Testing (RDT)
Program to monitor any presence of prohibited substances in their system and
accompanying behavior that violate the terms and conditions of their probation.
The Minnesota Multistate
Contracting Alliance for Pharmacy (MMCAP) executed a cooperative contract with
Redwood Toxicology, Inc (Redwood) in October 2020, which was renewed until
September 30, 2025. Probation has utilized
the MMCAP cooperative contract to execute a contract with Redwood; see the
table below for the previous actions taken by the Orange County Board of
Supervisors (Board).
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Board
Date |
Contract
or Amendment Number |
Term |
Maximum
Obligation |
Action |
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12/15/2020 |
MA-057-21010069 |
12/15/2020-9/30/2022 |
$2,512,440 |
Board approved contract with Redwood and
approved a ten percent contingency clause |
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Administrative Amendment |
Amendment One |
8/19/2021- 9/30/2022 |
N/A |
Updated drug test list |
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Administrative Amendment |
Amendment Two |
11/12/2021-9/30/2022 |
N/A |
Updated drug test list |
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Administrative Amendment |
Amendment Three |
12/09/2021-9/30/2022 |
$2,652,669 |
Probation exercised ten percent contract
contingency |
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9/13/2022 |
Amendment Four |
10/1/2022- 9/30/2023 |
$5,152,669 |
Board approved the contract renewal for
one year |
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Administrative Amendment |
Amendment Five |
3/06/2023- 9/30/2023 |
N/A |
Updated drug test list |
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9/12/2023 |
Amendment Six |
10/1/2023- 9/30/2024 |
$8,152,669 |
Board approved the contract renewal for
one year. Updated collection facility
location |
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8/27/2024 |
Amendment Seven |
10/1/2024- 9/30/2025 |
$11,152,669 |
Board approved the contract renewal for
one year. |
Due to a delay in contract
negotiations with MMCAP and Redwood, the cooperative contract was extended for
a one-month period from October 1, 2025, through October 31, 2025, in order to
avoid a lapse in service to any agency utilizing the cooperative contract. See Attachment C.
Performance
Metrics
The RDT Program has significantly lower confirmed
positive testing rates as compared to onsite drug testing for adult clients.
This aligns with research that indicates fully randomized testing remains a
best practice for supervision. On-site testing refers to the probation officer
conducting the test in the office, home, or field. These tests may be done on a
newly assigned client, or upon suspicion of drug use, or for ongoing
supervision.
As an example, if the client admits to drug use, the
probation officer will collect a drug test in the office and receive a
confirmation on the type of substance(s) used. They can deploy appropriate
resources and ensure compliance with court orders. Additionally, the standard
urine panel drug test includes fentanyl amongst other substances to ensure
compliance with current drug trends.
When clients are enrolled in the RDT program, they
must call in daily and are summoned to test randomly with the frequency
determined by the probation officer. The RDT program ensures the client is
aware they may be summoned to test on any given day. This daily call-in, in
conjunction with randomized drug testing, aligns with best practices and
supports lower positive drug results and improved compliance.
The table below shows the number of
specimens (urine and oral) collected from juvenile and adult clients during FY
2024-25. Over 77 percent of specimens collected from adults were collected
through the RDT Program. Juveniles are only administrated drug testing onsite
and do not participate in the RDT Program. The Contractor completed all
necessary drug testing for Probation.
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Adult and
Juvenile Collected Specimens from July 1, 2024, thru June 30, 2025 |
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On-Site Drug
Testing |
Random Drug
Testing (RDT) Program |
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Total
Number of Collected Specimens |
Total
Number of Collected Specimens |
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Adult |
20,244 |
69,606 |
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Juvenile |
16,490 |
Not
participating in RDT |
Probation now requests the Board’s
approval for Amendment Eight of Contract MA-057-21010069 with Redwood, for the
period of October 1, 2025, through October 31, 2025, in an amount not to exceed
$200,000 for a revised cumulative contract total amount not to exceed
$11,352,669. Probation is currently in negotiations with Redwood under a new
cooperative contract and will bring this item before the Board prior to
contract expiration. This contract amendment is being presented to the Board
less than 30 days before expiration, due to the delay in the MMCAP Cooperative
Contract renewal.
Redwood’s performance has been
confirmed as satisfactory. Probation has verified there are no concerns that
must be addressed with respect to Redwood’s ownership/name, litigation status
or conflicts with County interests.
This contract includes a
subcontractor. See Attachment D for information regarding the subcontractor and
the Contract Summary Form. Due to the nature of the services required by
Probation, this contract could require additional subcontractors. In order to add an additional
subcontractor(s) to the Contract, Redwood must seek express consent from
Probation. Should the addition of subcontractor impact the scope of work and/or
contract amount, Probation will bring the item back to the Board for
approval. In the past, subcontractor(s)
have been used for this Contract.
FINANCIAL
IMPACT:
The cumulative amount of the
Contract, $11,352,669, is for the entire term of the Contract, beginning
December 2020 through and including October 2025. Appropriations and Revenue
for this Contract are included in Budget Control 057, FY 2025-26 Budget and
will be included in the budgeting process for future years. The services
provided under this proposed contract are funded by: State: 38% (2011 Public
Safety Realignment, 1991 Realignment, Senate Bill 678 (2009), Assembly Bill
1869 (2021) Criminal Fees Backfill and Senate Bill 129 (2021) Pretrial
Assessment and Release Services, GF: 62%. The proposed Contract includes
provisions that the Contract is contingent upon the availability of funds and
inclusion of sufficient funds in the budget approved by the Board for each
fiscal year the Contract remains in effect or operation. In the event such
funding is terminated or reduced, the County may terminate the Contract, reduce
the County’s maximum obligation or modify the Contract, without penalty.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – Amendment Eight to Contract MA-057-21010069
Attachment B – Contract MA-057-21010069 Summary Form
Attachment C – Amendment Eight to MMCAP Agreement MMS2000332
Attachment D – Redwood Toxicology Authority Delegation Letter