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Probation Department recommending the Board:
1) Make findings that the provision of drug and alcohol testing services provided by Contractor are in the public's best interest and that there are specialty skills, qualifications, and equipment not expressly identified in County classifications involved in the performance of the work in accordance with El Dorado County Ordinance Code, Chapter 3.13.030(b);
2) Make findings in accordance with Procurement Policy C-17 3.4.2(f) exempting the competitive bidding process, with Purchasing Agent concurrence, because “The procurement is for goods where the continuity of providers will provide efficiency or critical knowledge, and other providers of the goods cannot provide similar efficiencies or critical knowledge”;
3) Approve and authorize the Chair to sign retroactive Agreement 9496 with Redwood Toxicology Laboratory, Inc. to provide drug and alcohol testing on an "as requested" basis for Probation Department clients with an amount not to exceed $180,000 for the period of May 17, 2025, through May 16, 2028; and
4) Authorize the Purchasing Agent, or designee, to execute further documents relating to Agreement for Services 9496, including amendments which do not increase the maximum dollar amount or term of the Agreement, and contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund (80%), Substance Abuse Focus Grant (10%), Juvenile Justice Crime Prevention Act (10%) revenues.
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DISCUSSION / BACKGROUND
Individuals placed on probation must abstain from using illegal drugs and many cannot consume alcohol, based upon the conditions of their probation. Drug testing is provided at Probation locations for Probation clients, as well as clients referred by the Superior Court. The Courts have no means to provide drug testing services. Redwood Toxicology Laboratory, Inc. (Redwood) has been providing drug and alcohol testing services to the Probation Department (Probation) since 2006. Services encompass all drug and alcohol testing, designation of specimens, communication of test results, presumptive testing (test cups with panels on them), and integration with Probation systems. This contract ensures uninterrupted drug testing services.
County Procurement Policy describes exemptions to the competitive bidding process. Agreement 9496 falls under Procurement Policy C-17 Section 3.4.2(f): “The procurement is for goods where the continuity of providers will provide efficiency or critical knowledge, and other providers of the goods cannot provide similar efficiencies or critical knowledge.” County Procurement and Contracts has affirmed that services with Redwood may be exempted from competitive bidding.
Agreement 6292 with Redwood expired on May 16, 2025. The contract process for a new agreement was started on December 23, 2024. A draft agreement was sent to the vendor on January 21, 2025. Redwood has in good faith been providing services to the County without a contract since May 17, 2025. There were numerous communications between Probation and Redwood, primarily to agree on a mutually acceptable indemnity and insurance articles. A compromise on insurance language was reached on July 31, 2025. The agreement was approved by County Counsel on August 5, 2025. After request for signatures, Redwood requested additional updates to insurance and indemnity language. After further communications with Redwood, County Counsel, and Risk Management, Redwood’s suggested language received October 9, 2025, was approved by County Counsel and Risk Management also on October 9, 2025. Signatures on the final draft of the agreement were requested on October 10, 2025, and Probation received the partially executed document on October 22, 2025. The renewal of this contract is critical for ensuring operational continuity for Probation and Court clients to remain compliant with the terms of their probation. This retroactive item was processed to be brought before the Board as soon as practicable.
ALTERNATIVES
For the future, Probation can go out to bid for drug testing services. Past bids have not found vendors that can provide the same services and integration with Probation’s current system as Redwood.
PRIOR BOARD ACTION
05/17/2022 Legistar Item 22-0210
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement and Contracts, County Counsel, Risk Management
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no increase to Net County Cost. Funding is included in Probation’s FY 2025-26 budget and will be included in subsequent years’ budget requests.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Obtain signature of Chair on two originals of Agreement 9496.
2) Clerk of the Board to return one fully executed Agreement to the Probation Department for final processing and distribution to vendor.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Jackie Cook, Administrative Analyst, 530-621-5588