Agenda Item
ASR
Control 23-000758 |
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MEETING
DATE: |
09/12/23 |
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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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Joycelyn
Durk (714) 645-3140 |
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Subject: Renewal of Contract with Redwood
Toxicology Laboratory, Inc.
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: $2,250,000 |
Annual Cost: FY 2024-25 $750,000 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 9/13/2022 #24, 12/15/2020 #32 |
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RECOMMENDED
ACTION(S):
Authorize County Procurement
Officer or Deputized designee to execute Amendment Six with Redwood Toxicology
Laboratory, Inc. for the provision of Drugs and Alcohol Screening Products and
Services, and renew the contract for an additional one year term of October 1,
2023, through September 30, 2024, in the amount of $3 million, for a revised
cumulative total amount not to exceed $8,152,669 for the extended term ending
on September 30, 2024.
SUMMARY:
Approval of the Contract renewal
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.
On December 15, 2020, the Board of
Supervisors (Board) approved a contract between Probation and Redwood
Toxicology Laboratory, Inc. (Redwood) for Drug and Alcohol Screening Products
and Services for the term of December 15, 2020, through September 30, 2022, in
an amount not to exceed $2,512,440. That approval also included the option to
exercise a contingency contract cost increase, not to exceed a total of 10
percent of the contract amount for the first year of the contract. The initial
contract approved by the Board was issued against the pricing, terms and
conditions of the Minnesota Multistate Alliance for Pharmacy (MMCAP)
cooperative contract, which was approved by the County Procurement Office. The contract provided services for onsite
drug testing or RDT.
On December 29, 2021, Probation
exercised a contingency contract increase in the amount of $140,229 for a
revised not to exceed amount of $2,652,669. The increase was due to the
expansion of RDT to all Adult Operations Bureau, and to help accommodate the
increase of testing orders for Pretrial Assessment Release Service cases.
On September 13, 2022, the Board
approved the first contract renewal, for the period of October 1, 2022, through
September 30, 2023, in an amount not to exceed $2,500,000 for a revised not to
exceed amount of $5,152,669.
The charts below provide the positive
tests for adult offenders tested on site versus those tested utilizing the RDT
method for the period of December 15, 2020, through September 30, 2021 (9.5
months, 1st contract year), October 1, 2021, thru September 30, 2022 (12
months, 2nd contract year), and October 1, 2022, thru April 30, 2023 (7 months,
3rd contract year); results demonstrate that the positive rates utilizing the
RDT method are much lower than on site testing – 4.9 percent vs. 63.6 percent
for the first contract year, 5.7 percent vs. 59.1 percent for the second
contract year, and 5.5 percent vs 58.2 percent for the third contract year. The
dramatically lower positivity results of the RDT method demonstrate how
randomized drug testing is successful in deterring drug use and a better method
to achieve compliance.
Adult
and Juvenile Tests from December 15, 2020, thru September 30, 2021 |
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Onsite Drug Testing |
Random Drug Testing (RDT) Program |
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Participants |
Total Number of Tests |
Percentage of Positive Results |
Total Number of Tests |
Percentage of Positive Results |
Adult |
9,939 |
63.60% |
79,976 |
4.90% |
Juvenile |
6,888 |
43.30% |
Not participating in RDT |
Adult
and Juvenile Tests from October 1, 2021, thru September 30, 2022 |
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Onsite Drug Testing |
Random Drug Testing (RDT) Program |
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Participants |
Total Number of Tests |
Percentage of Positive Results |
Total Number of Tests |
Percentage of Positive Results |
Adult |
20,074 |
59.10% |
105,233 |
5.70% |
Juvenile |
15,870 |
41.50% |
Not participating in RDT |
Adult
and Juvenile Tests from October 1, 2022, thru April 30, 2023 |
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Onsite Drug Testing |
Random Drug Testing (RDT) Program |
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Participants |
Total Number of Tests |
Percentage of Positive Results |
Total Number of Tests |
Percentage of Positive Results |
Adult |
12,719 |
58.20% |
68,025 |
5.50% |
Juvenile |
10,353 |
37.30% |
Not participating in RDT |
The MMCAP cooperative contract with
Redwood was renewed through September 30, 2024, therefore, Probation is seeking
the Board authorize a contract renewal with Redwood, for the period of October
1, 2023, through September 30, 2024, in an amount not to exceed $3 million for
a revised cumulative contract total amount not to exceed $8,152,669. This
amendment will also change one of the testing site locations. Probation has
verified that the new location fit the requirements of the agreement.
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. The Orange County Preference Policy is not
applicable to this contract renewal.
This contract was not filed 30 days
prior to the expiration of current contract due to contract renewal
negotiations between MMCAP and Redwood.
This contract includes a subcontractor.
See Attachment B for information regarding subcontractor and Contract Summary
Form. Due to the nature of the services required by Probation, this contract
could require additional subcontractors.
In order to add subcontractor(s) to the contractor, Redwood must seek
express consent from the department. 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.
FINANCIAL
IMPACT:
Appropriations for the Contract are
included in the Budget Control 057, Probation FY 2023-24 Budget and will be
included in the budgeting process for future years. The services provided under
this proposed contract are funded by: General Fund: 55 percent and State: 45
percent. State funding is comprised of 2011 Public Safety Realignment, 1991
Realignment, SB 678 and AB1869 Criminal Fees Backfill.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – Amendment 6 to Contract MA-057-21010069
Attachment B – Contract Summary Form
Attachment C – Redline of Amendment 5 to Contract MA-057-21010069