Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  23-000758

 

MEETING DATE:

09/12/23

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Probation   (Approved)

Department contact person(s):

Daniel Hernandez (714) 645-7001 

 

 

Joycelyn Durk (714) 645-3140

 

 

Subject:  Renewal of Contract with Redwood Toxicology Laboratory, Inc.

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $2,250,000

Annual Cost: FY 2024-25 $750,000

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     See Financial Impact Section

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         9/13/2022 #24, 12/15/2020 #32

 

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

 

Onsite Drug Testing

Random Drug Testing (RDT) Program

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

 

Onsite Drug Testing

Random Drug Testing (RDT) Program

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

 

Onsite Drug Testing

Random Drug Testing (RDT) Program

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