For City Council Meeting September 10, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Mark P. Kling, Chief of Police
Title
Request City Council to: 1) Approve the Second Amendment to Agreement for Services with Bio-Tox Laboratories, Inc for the Period of FY2024/2025 Through FY2025/2026, Total Agreement Amount of $350,000; 2) Approve the Issuance of a Purchase Order for FY2024/2025; and 3) Authorize the Interim City Manager or Designee to Execute all Documents.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council:
1) Approve the Second Amendment to Agreement for Services with Bio-Tox Laboratories, Inc. for the period of FY2024/2025 through FY2025/2026, total agreement amount of $350,000;
2) Approve the issuance of a Purchase Order for FY2024/2025; and
3) Authorize the Interim City Manager or his designee to execute all documents.
BACKGROUND
The Police Department currently uses Bio-Tox Laboratories, Inc (Box-Tox), in Riverside, California, for such purposes as testing blood and bodily fluid for evidentiary purposes in criminal cases, such as driving under the influence of alcohol and drugs, and other felony investigations.
To effectively prosecute these criminal cases Bio-Tox must be utilized to analyze evidentiary blood samples and testify as experts in court proceedings. The expertise and efficiency of Bio-Tox has shown to be beneficial in several filings and convictions of repeat DUI offenders. Bio-Tox continues to be the sole provider for these services throughout the county and has been certified as such in previous council staff reports.
On July 1, 2022, City of Rialto and Bio-Tox entered into a Service Agreement for laboratory testing of blood and bodily fluids, in the not-to-exceed amount of $65,000. Due to an increase in traffic enforcement efforts related to DUI arrest by the department and the increases in laboratory testing fees, an increase to the existing Purchase Order in the amount of $85,000 was approved by council for services through the remainder of FY2022/2023 with an increase to $175,000 through FY2023/2024 for the final year of the agreement.
Staff is recommending that City Council approve a Second Amendment to an Agreement of Services for FY2024/2025 through FY2025/2026, for a total agreement not-to-exceed amount of $350,000.
ANALYSIS/DISCUSSION
In 2021, the Rialto Police Department’s Traffic Bureau staffing increased to (1) Sergeant, (2) Corporals, (5) motors, (2) daytime traffic cars, (2) commercial enforcement officers, and (2) nighttime DUI Enforcement/Accident Investigation (DUI/AI) officers. Additionally, the Rialto Police Department Traffic Bureau’s enforcement is supplemented by the Office of Traffic Safety Grant with funding in the amount of $424,000 for targeted DUI enforcement.
The 400% increase in staffing to the Traffic Bureau in 2021 and supplemental grant funding has resulted in a direct reduction in injury/fatal traffic collisions and a significant increase in DUI arrests. During the calendar year of 2021, the Rialto Police Department effected 326 DUI arrests. In 2022, the Rialto Police Department effected 758 DUI arrests. Calendar year 2023 resulted in 715 DUI arrests. The first six months of the 2024 resulted in 415 DUI arrests
The increase in DUI arrests is not only specific to alcohol. The Department’s focus on training has resulted in fielding more officers certified as drug recognition experts, trained to identify, and arrest drivers exhibiting symptoms of drug influence. The cost of evidentiary blood tests for drugs is significantly more expensive than alcohol screenings, with the average cost of an evidentiary blood test for inhalants at $504.00.
The requested increase in the annual purchase order amount and extending the Service Agreement through FY2025/2026, for Bio-Tox services will allow for the department to fund the necessary costs of evidentiary blood tests, resulting in continued DUI enforcement and safer roadways for the citizens of Rialto.
Bio-Tox stands out in the industry due to its commitment to clear and transparent communication at all levels. Bio-Tox remains committed to its stakeholders and always remains in constant communication via email or phone. Their employees always disseminate information efficiently and keep our agency well-informed and engaged.
To successfully prosecute felony DUI arrests, the District Attorney’s Office requests blood results upon filing. Bio-Tox is instrumental in obtaining these results. With an email requesting expedited results and a nominal fee Bio-Tox provides these results and allows the Rialto Police Department to ensure they keep felonious DUI offenders in custody.
Another key benefit of Bio-Tox's communication is its employees' ability to convey complex scientific information in an easily understandable manner to various audiences. This skill is crucial in the field of toxicology, where conveying technical concepts to non-experts is often challenging. Bio-Tox consistently excels in breaking down intricate details into comprehensible messages, allowing jurors and the general public, to grasp the significance of their work.
Overall, Bio-Tox's dedication to excellence in communication and customer service significantly contributes to its success in the toxicology sector. Their approach not only distinguishes them in the industry but also ensures that they build and maintain strong relationships with law enforcement agencies and the district attorney.
Bio-Tox has been working with the city for the past 25 years, and the only service provider in the geographic area that performs this type of service for local agencies within San Bernardino County. Samples will be taken from the city to the San Bernardino County Sheriff’s Department, where Bio-Tox will take possession of the samples for any necessary testing. Therefore, Pursuant to Section 2.48.290 of the Rialto Municipal Code, it is determined that this qualifies as standardize testing procurement and Bio-Tox has necessary experience and expertise, as demonstrated in prior contracts with the city, and is uniquely qualified to perform standardization services to be provided hereunder. The application of the City’s standard competitive bidding procedures would be contrary to the public interest in this instance.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and excludes the following:
1) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.
2) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
The City of Rialto has outlined key goals and objects relating to public safety. The approval of this agreement is consistent with meeting these objectives.
Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.
The City Attorney's Office has reviewed the agreement and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
Funding in the amount of $175,000 is available in Contract Services Account No. 10106281 52011, for laboratory testing of blood and bodily fluids with Bio-Tox Laboratories for FY2024/2025.
Staff will appropriate budget for this agreement, for FY2025/2026, during the budget processing for this fiscal year.
The vendor disclosure form pertaining to Rialto Municipal Code section 2.48.145 is attached.
Capital Improvement Budget Impact
The proposed action does not impact the Capital Improvement Budget.
Licensing
This action does not trigger a requirement for a business license.