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Agenda Item
ASR
Control 24-000180 |
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MEETING
DATE: |
05/21/24 |
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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: |
Social
Services Agency (Approved) |
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Department contact person(s): |
An
Tran (714) 541-7708 |
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James
Cho (714) 541-7711 |
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Subject: Renew and
Amend Agreements 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: N/A |
Current
Year Cost: N/A |
Annual
Cost: FY 2024-25 $1,600,000 |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 3/9/2021 #24 |
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RECOMMENDED
ACTION(S):
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1. 2. |
Approve
Amendment One to Master Agreement for Drug Testing Services to renew and
amend the Agreement in an amount not to exceed $3,200,000, effective July 1,
2024, to June 30, 2026, for a revised cumulative total amount not to exceed
$8,000,000, for the term of July 1, 2021, through June 30, 2026. Authorize the
County Procurement Officer or Deputized designee to execute Amendment Four to
Agreement with Associates in Counseling and Mediation for Drug Testing
Services to renew and amend the Agreement, effective July 1, 2024, to June
30, 2026, for a revised term of July 1, 2021, through June 30, 2026. |
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3. |
Authorize the
County Procurement Officer or Deputized designee to execute Amendment Four to
Agreement with E&J Medical Services for Drug Testing Services to renew
and amend the Agreement, effective July 1, 2024, to June 30, 2026, for a
revised term of July 1, 2021, through June 30, 2026. |
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4. |
Authorize the
County Procurement Officer or Deputized designee to execute Amendment Four to
Agreement with SCRAM of California, Inc. for Drug Testing Services to renew
and amend the Agreement, effective July 1, 2024, to June 30, 2026, for a
revised term of July 1, 2021, through June 30, 2026. |
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5. |
Authorize the
County Procurement Officer or Deputized designee to execute Amendment One to
Agreement with Avertest, LLC DBA Averhealth for Drug Testing Services to
renew and amend the Agreement for an additional six months, effective July 1,
2024, through December 31, 2024, for a revised term of July 1, 2021, through
December 31, 2024. |
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6. |
Authorize the
County Procurement Officer or Deputized designee to execute Amendment One to
Agreement with DMS Services, Inc. for Drug Testing Services to renew and
amend the Agreement, effective July 1, 2024, to June 30, 2026, for a revised
term of July 1, 2021, through June 30, 2026. |
SUMMARY:
Renewal and
Amendment of the Master Agreement will allow the County to continue to provide
drug testing services for clients who need to demonstrate sobriety compliance
as part of their court-ordered family reunification or family maintenance case
plan.
BACKGROUND
INFORMATION:
On March 9, 2021, the Social Services
Agency (SSA) obtained the Board of Supervisors' (Board) approval of the Master
Agreement for Drug Testing Services in an amount not to exceed $4,800,000, for
the term of July 1, 2021, through June 30, 2024, renewable for two additional
one-year terms, and authorized SSA to execute Subordinate Agreements with
qualified providers. SSA executed Subordinate Agreements for the provision of
one or more service components. The Master Agreement has three service
components: Patch Testing Services, Random Drug Testing Services and Secure
Continuous Remote Alcohol Monitoring Continuous Alcohol Monitoring Testing
(SCRAM CAM).
Patch
Testing Services
Patch Testing Services consists of
affixing a specialized patch to a client’s skin for the purpose of detecting
five different substances, excluding alcohol. SSA executed Patch Testing
Services Subordinate Agreements with ACM, E&J and SCRAM of California.
Goals and Outcomes for Patch Testing
Services for the term of July 1, 2021, through June 30, 2024, are as follows:
ACM
Patch Testing Services Outcomes
|
Outcome
Objectives |
FY
21-22 |
FY
22-23 |
FY
23-24* |
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Apply Patches within 10 business days of
receiving referrals a minimum of 80% of the time. |
54% |
64% |
31% |
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Remove Patches within 14 days a minimum
of 90% of the time. |
97% |
95% |
92% |
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Mail used Patches within one business
day of collection a minimum of 90% of the time. |
100% |
100% |
100% |
*
Includes data from July 1, 2023, through December 31, 2023.
E&J
Patch Testing Services Outcomes
|
Outcome
Objectives |
FY
21-22 |
FY
22-23 |
FY
23-24* |
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Apply Patches within 10 business days of
receiving referrals a minimum of 80% of the time. |
61% |
64% |
86% |
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Remove Patches within 14 days a minimum
of 90% of the time. |
95% |
92% |
85% |
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Mail used Patches within one business
day of collection a minimum of 90% of the time. |
94% |
96% |
91% |
*
Includes data from July 1, 2023, through December 31, 2023.
SCRAM
of CA Patch Testing Services Outcomes
|
Outcome
Objectives |
FY
21-22 |
FY
22-23 |
FY
23-24* |
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Apply Patches within 10 business days of
receiving referrals a minimum of 80% of the time. |
54% |
48% |
31% |
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Remove Patches within 14 days a minimum
of 90% of the time. |
87% |
93% |
92% |
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Mail used Patches within one business
day of collection a minimum of 90% of the time. |
93% |
88% |
100% |
*
Includes data from July 1, 2023, through December 31, 2023.
Contractors have struggled with the first
and second Outcome Objectives due to the following circumstances. Upon receipt
of referrals from SSA, Contractors will attempt to reach clients with three
phone calls and voicemails within 10 days. Additionally, Contractors will reach
out when it is time to remove patches for testing. In both cases, clients will
commonly not have voicemail setup or will otherwise be slow to respond, if at
all. SSA wants to continue using these objectives to establish data continuity
in measuring success and difficulties in applying and removing patches;
therefore, it is asking Contractors to use emails and text messages to attempt
contacts. The proposed Amendments do not change the Patch Testing Services
Outcomes, but the data will inform SSA in changing the Outcomes for the next
solicitation cycle.
Random
Drug Testing Services
Random Drug Testing Services consist of
randomly selecting clients to report for urinalysis drug testing up to two
times per week, and/or same day on-demand testing as ordered by the Orange
County Juvenile Court or requested by SSA for clients that appear to be under
the influence of drugs or alcohol. Random Drug Testing detects alcohol and
illicit substances in urine specimens submitted for drug analysis. Following
the Board’s March 9, 2021, approval of the Master Agreement and SSA’s
authorization to execute Subordinate Agreements, SSA executed a Random Drug
Testing Subordinate Agreement with Avertest.
Goals and Outcomes for Random Drug Testing
Services for the term of July 1, 2021, through June 30, 2024, are as follows:
Avertest
Random Drug Testing Services Outcomes
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Outcome
Objectives |
FY
21-22 |
FY
22-23 |
FY
23-24* |
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Clients who fail to report for testing
shall be identified with 100% accuracy within 24 hours. |
91% |
91% |
89% |
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100% of clients providing urine
specimens at in-county collection sites shall be observed by a same gender
identity collector. |
97% |
95% |
95% |
*
Includes data from July 1, 2023, through December 31, 2023.
Avertest has struggled to identify clients
who fail to report for testing within a 24-hour period in cases when clients
live outside of the County, but is able to do so within a one-week time period
due to collections from out of County being sent to Avertest’s testing
laboratories. SSA has asked Avertest to continue to attempt to identify clients
who fail to report within twenty-four hours within the County and start to
report those out of County who fail to report within a week period.
Additionally, Avertest accommodates
same-gender collection as much as possible and within their means based on
staffing shortage challenges similar to those experienced across the Country.
All monitored collections are reported to the County within one-business day
for on-demand or random testing. Avertest also adjusts their staffing schedule
to meet testing needs, including same gender collections as much as possible.
Contracts and Program are assessing goals to ensure that these are within the
provider’s control. The proposed Amendment does not change the Random Drug
Testing Services Outcomes, but the data will inform SSA in changing the
Outcomes for the next solicitation cycle.
SCRAM
CAM Services
SCRAM CAM Services consist of 24 hours a
day, seven days per week transdermal alcohol monitoring/testing through a
secured bracelet placed on the client’s ankle that reads alcohol emissions
approximately every 30 minutes. The data is transmitted to a base station that
automatically uploads data to the testing laboratory for analysis. The data
transmitted detects both alcohol consumption and evidence of device tampering.
Following the Board’s March 9, 2021, approval of the Master Agreement and SSA’s
authorization to execute Subordinate Agreements, SSA executed SCRAM CAM
Services Subordinate Agreements with DMS and SCRAM of California.
Goals and Outcomes for SCRAM CAM Testing
Services for the term of July 1, 2021, through June 30, 2024, are as follows:
DMS
SCRAM CAM Testing Services Outcomes
|
Outcome
Objectives |
FY
21-22 |
FY
22-23 |
FY
23-24* |
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90% of referred clients shall be
contacted and have an intake appointment date scheduled within five business
days of initial referral. |
74% |
92% |
90% |
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80% of referred clients shall have SCRAM
CAM bracelets installed within seven business days of a successful client
contact. |
98% |
91% |
86% |
*
Includes data from July 1, 2023, through December 31, 2023.
SCRAM
of CA SCRAM CAM Testing Services Outcomes
|
Outcome
Objectives |
FY
21-22 |
FY
22-23 |
FY
23-24* |
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90% of referred clients shall be
contacted and have an intake appointment date scheduled within five business
days of initial referral. |
70% |
97% |
91% |
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80% of referred clients shall have SCRAM
CAM bracelets installed within seven business days of a successful client
contact. |
84% |
87% |
89% |
*
Includes data from July 1, 2023, through December 31, 2023.
Contractors initially struggled with
contacting new clients and scheduling intake appointments within five business
days of referral, but have consistently met both goals this and last Fiscal
Year due to incorporation of software into the SCRAM Network for text and email
contact attempts. The proposed Amendments do not change the SCRAM CAM Testing
Services Outcomes, but the data will inform SSA in changing the Outcomes for
the next solicitation cycle.
SSA now requests the Board’s approval of
the Master Agreement Amendment and to execute the amended Agreements with
various providers to renew and amend for an additional two-year term, for the
term of July 1, 2024, through June 30, 2026. SSA is also requesting Board
approval of Amendment One to the Agreement with Avertest, LLC, DBA Averhealth
(Avertest) for a 6-month term. The short-term renewal will allow SSA to resolve
negotiations for the remaining 18 months and enable continuity of Random Drug
Testing Services. SSA will return to the Board for approval of any resulting
amendment. Renewal and amendment of the Agreements will allow SSA to meet the
Orange County Juvenile Court's mandate for clients to participate in
court-ordered drug testing services.
Prior to the expiration of the Agreements,
SSA plans to issue a solicitation to continue services. SSA has verified there
are no concerns that must be addressed with respect to the Contractors’
ownership/name, litigation status or conflict with County interests. These
Contractors’ performance have been confirmed as satisfactory. The Orange County
Preference Policy is not applicable to this contract renewal.
Subcontracts
The Patch Testing
and SCRAM CAM Subordinate Agreements do not currently include subcontractors or
pass through to other providers. However, due to the nature of the services,
the Subordinate Agreements could require the addition of subcontractors. In
order to add subcontractor(s) to the Subordinate Agreements, the contractor
must seek express consent from SSA.
Should the addition of a subcontractor affect the scope of work and/or
contracts budget, SSA will bring the item back to the Board for approval.
The Random Drug Testing Subordinate
Agreement includes subcontractors. Subcontractors are utilized to provide
greater accessibility for these services.
See Attachment M
for information regarding subcontractors and Contract Summary Form.
FINANCIAL IMPACT:
Appropriations for
these Agreements will be included in Budget Control 063, Social Services Agency
FY 2024-25 Budget, and will be included in the budget process for future years.
These Agreements are funded 25 percent
federal, 73 percent state and two percent County. Federal and state dollars are
comprised of Child Welfare Services and CalWORKs Family Stabilization. County
General Funds will be used towards the required match to access federal and
state funding.
Contingency of
Funds
The proposed individual Agreements include
provisions that the Agreements are contingent upon the availability of funds
and inclusion of sufficient funds in the budget approved by the Board for each
fiscal year the Agreements remain in effect or operation. In the event such
funding is terminated or reduced, the County may terminate the Agreements,
reduce the County’s maximum obligation or modify the Agreements, without
penalty.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Amendment One to
Master Agreement CPS0221-00-A1 for Drug Testing Services
Attachment B – Redline to Amendment One to Master Agreement CPS0221-00-A1 for
Drug Testing Services
Attachment C – Amendment Four to Agreement CPS0221-01-A4 with Associates in
Counseling and Mediation
Attachment D – Redline to Agreement CPS0221-01-A4 with Associates in Counseling
and Mediation
Attachment E – Amendment Four to Agreement CPS0221-02-A4 with E&J Medical
Services
Attachment F – Redline to Agreement CPS0221-02-A4 with E&J Medical Services
Attachment G – Amendment Four to Agreement CPS0221-03-A4 with SCRAM of
California, Inc.
Attachment H – Redline to Agreement CPS0221-03-A4 with SCRAM of California,
Inc.
Attachment I – Amendment One to Agreement CPS0221-04-A1 with Avertest, LLC DBA
Averhealth
Attachment J – Redline to Agreement CPS0221-04-A1 with Avertest, LLC DBA
Averhealth
Attachment K – Amendment One to Agreement CPS0221-05-A1 with DMS Services, Inc.
Attachment L – Redline to Agreement CPS0221-05-A1 with DMS Services, Inc.
Attachment M – Contract Summary Form