For City Council Meeting July 28, 2026
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Mark P. Kling, Chief of Police
Title
Request City Council to: (1) Approve a Three-Year Professional Services Agreement with Bio-Tox Laboratories for Forensic Toxicology and Laboratory Testing Services in an Amount Not to Exceed $675,000; and (2) Authorize the City Manager or Designee to Execute all Related Documents.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council:
1) Approve a three-year Professional Services Agreement with Bio-Tox Laboratories for forensic toxicology and laboratory testing services in an amount not to exceed $675,000; and
2) Authorize the City Manager, or designee, to execute all related documents.
BACKGROUND
Since July 2000, the Rialto Police Department has contracted with Bio-Tox Laboratories to provide forensic toxicology and laboratory testing services in support of criminal investigations. These specialized services include evidentiary blood and bodily fluid testing for alcohol and controlled substances, comprehensive toxicology screening, quantitative confirmation testing utilizing liquid chromatography tandem mass spectrometry (LC/MS/MS), and expert witness testimony in criminal court proceedings. These services are essential for the successful investigation and prosecution of driving under the influence (DUI), narcotics-related offenses, and other criminal investigations requiring forensic toxicological analysis.
Most recently, on September 10, 2024, the City Council approved the Second Amendment to the Agreement for Services with Bio-Tox Laboratories, extending the agreement through Fiscal Year 2025/2026 with a total agreement amount not to exceed $350,000. Throughout its longstanding relationship with the City, Bio-Tox has consistently provided reliable, timely, and professional laboratory services that have supported countless criminal investigations and prosecutions.
The current agreement expired on June 30, 2026. Staff is requesting approval of a new three-year Professional Services Agreement with Bio-Tox Laboratories for the period of July 1, 2026, through June 30, 2029, in a total amount not to exceed $675,000.
ANALYSIS/DISCUSSION
The Rialto Police Department relies on timely and accurate forensic toxicology services to support criminal investigations involving impaired driving, narcotics offenses, fatal traffic collisions, officer-involved incidents, and other felony investigations where scientific evidence is critical to successful prosecution. The laboratory analysis performed by Bio-Tox Laboratories provides legally admissible scientific evidence that assists investigators and prosecutors in establishing impairment, identifying controlled substances, and securing criminal convictions.
As the Department has continued its proactive traffic safety and DUI enforcement efforts, the demand for forensic toxicology testing has steadily increased. The Department's expanded use of Drug Recognition Experts (DREs), targeted DUI enforcement operations, and proactive traffic enforcement initiatives have resulted in a greater number of evidentiary blood submissions requiring laboratory analysis. Additionally, laboratory testing costs have increased over recent years due to advances in testing methodologies, expanded toxicology panels, and increased analytical requirements for controlled substances.
Bio-Tox Laboratories has worked closely with the Rialto Police Department for more than twenty-five years and has developed extensive institutional knowledge regarding the Department's evidence submission procedures, reporting requirements, and operational needs. Their laboratory personnel understand the Department's investigative timelines and consistently provide timely laboratory analysis and expert consultation that assists investigators and the San Bernardino County District Attorney's Office in filing criminal cases.
Beyond laboratory testing, Bio-Tox provides expert witness testimony in criminal court proceedings, assists investigators in interpreting toxicology findings, and offers expedited testing when necessary for time-sensitive felony filings. This responsiveness has proven invaluable in ensuring that criminal cases proceed without unnecessary delay while preserving the integrity of evidentiary testing.
Pursuant to Rialto Municipal Code Section 2.48.290, staff has determined that Bio-Tox Laboratories qualifies as a sole source provider for these services. Bio-Tox is the only laboratory in the region capable of providing the comprehensive forensic toxicology services required by the Rialto Police Department while maintaining established evidence handling procedures, chain-of-custody protocols, and rapid turnaround times necessary to support criminal investigations. Staff's Sole Source/Standardization Request further documents that no other provider within San Bernardino County offers the same level of specialized forensic toxicology services required by the Department. Transitioning to another laboratory would create unnecessary operational disruption, require modifications to established evidence handling procedures, delay criminal investigations, and potentially impact the admissibility of forensic evidence.
Approval of the proposed agreement represents the most operationally sound and fiscally responsible approach to ensuring uninterrupted forensic laboratory services. Continuing the City's longstanding partnership with Bio-Tox Laboratories preserves operational continuity, protects evidentiary integrity, and ensures investigators and prosecutors continue receiving timely laboratory analysis necessary to support successful criminal prosecutions.
ENVIRONMENTAL IMPACT
The proposal is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), 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. According to Section 15378(b), a Project does not include: (5) 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’s General Plan has outlined guiding principles and goals relating to public safety. This action is consistent with the City of Rialto’s General Plan Guiding Principle 1, “Rialto is a Family First Community.”
Our neighborhoods will be a safe place to call home.
Approval of this action is also consistent with the City of Rialto General Plan Goal and Policies:
Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.
Policy 5-8.4: Initiate proactive crime suppression and prevention strategies throughout the community.
LEGAL REVIEW
The City Attorney has reviewed this staff report.
FINANCIAL IMPACT
Operating Budget Impact
Funding for Fiscal Year 2026/2027 has already been included in the Police Department's adopted FY 26/27 operating budget in Account No. 10106281-52011 in the amount of $175,000. Staff will budget the annual funding necessary for Fiscal Years 2027/2028 and 2028/2029 during each respective annual budget process to satisfy any remaining obligations of the agreement with a not to exceed amount of $675,000.
Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.
Per Rialto Municipal Code Section: 2.48.450 a vendor disclosure form is attached.
Licensing
This action does not require a business license.
Attachments
1. Bio-Tox Laboratories Services Agreement
2. Bio-Tox Sole Source
3. Certification of Liability Insurance
4. Conflict of Interest Form