City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: OCTOBER 20, 2026 FROM: POLICE DEPARTMENT WARDS: ALL
SUBJECT: FIFTH AMENDMENT WITH BIO-TOX LABORATORIES, INC. OF RIVERSIDE, CALIFORNIA, FOR TOXICOLOGY SERVICES TO EXTEND THE AGREEMENT TERM THROUGH JUNE 30, 2028, AND INCREASE THE COMPENSATION BY $255,000 FOR A REVISED TOTAL AGREEMENT AMOUNT OF $755,000; FOURTH AMENDMENT WITH BIO-TOX LABORATORIES, INC. OF RIVERSIDE, CALIFORNIA, FOR CHP ALCOHOL TESTING TO ACCEPT NEW FEE SCHEDULE WITH NO INCREASE TO TOTAL COMPENSATION ISSUES:
Consider approving the Fifth Amendment with Bio-Tox Laboratories, Inc. of Riverside, California, for Toxicology Services to Extend the Agreement Term Through June 30, 2028, and Increase the Compensation by $255,000 for a Revised Total Agreement Amount of $755,000; and consider approving the Fourth Amendment with Bio-Tox Laboratories, Inc. of Riverside, California, for CHP Alcohol Testing to accept new Fee Schedule with no increase to total compensation.
RECOMMENDATIONS:
That the City Council:
Approve the Fifth Amendment with Bio-Tox Laboratories, Inc. of Riverside, California, for Toxicology Services to Extend the Agreement Term Through June 30, 2028, and Increase the Compensation by $255,000 for a Revised Total Agreement Amount of $755,000; Approve the Fourth Amendment with Bio-Tox Laboratories, Inc. of Riverside, California, for CHP Alcohol Testing to accept new Fee Schedule with no increase to total compensation; and Authorize the City Manager, or designee, to execute the necessary contract documents with Bio-Tox including the ability to make minor and non-substantive changes.
BACKGROUND:
The Riverside Police Department (RPD) requires blood analyses to prosecute criminal cases for suspects under the influence of drugs and alcohol.
The County of Riverside issued a Request for Proposal (SHARC-364) for forensic toxicology testing services in May 2018 on behalf of the Sheriff/Coroner, City of Riverside and City of Corona. An Agreement with Bio-Tox Laboratories, Inc. was approved by the Riverside County Board of Supervisors on July 31, 2018, which awarded a five-year contract through June 30, 2023 with an option to renew the agreement for five additional one-year periods. Bio-Tox Laboratories, Inc. (Bio-Tox) extended the same pricing to the City of Riverside for the laboratory services as provided to the County.
On September 18, 2018, the City Council approved the Service Agreement with Bio-Tox for forensic toxicology testing services requested by RPD for a total aggregate amount of $300,000 for the period of July 1, 2018 through June 30, 2023.
On January 8, 2019, the City Council approved the Services Agreement with Bio-Tox for forensic toxicology testing services for the California Highway Patrol (CHP) arrests within the City of Riverside in the total amount of $175,000, or $35,000 per fiscal year, for a term ending June 30, 2023.
On November 30, 2022, the City of Riverside executed the First Amendment to the Professional Consultant Services Agreement for RPD requested services and the First Amendment to the Professional Consultant Services Agreement for CHP requested services with Bio-Tox for Forensic Toxicology Testing Services amending the payment provisions “Exhibit B-1” which increased the cost of specific services with no anticipated increase to the total compensation stated in the original Agreements.
On August 29, 2023, the Riverside County Board of Supervisors approved Amendment Number 4 to their Agreement with Bio-Tox. (#SHARC-96148-002-06/23) to extend the Agreement for an additional five-year term ending June 30, 2028.
On November 28, 2023, the City Council approved the Second Amendment to the Professional Consultant Services Agreement for CHP requested services and the Second and Third Amendments to the Professional Consultant Services Agreement for RPD requested services with Bio-Tox for Forensic Toxicology Testing to update the payment provisions “Exhibit B-4” for both Agreements, extend both Agreements for a five-year term ending June 30, 2028, and increase the annual compensation for FY22/23 of the RPD Agreement by $26,078 to make final payment for that fiscal year.
The total compensation for the Professional Consultant Services Agreement with Bio-Tox for RPD requested services is $500,000 for 5 years ending June 30, 2028.
The total compensation for the Professional Consultant Services Agreement with Bio-Tox for CHP requested services is $250,000 for 5 years ending June 30, 2028.
On July 1, 2025, the Riverside County Board of Supervisors approved Amendment Number 5 to their Agreement with Bio-Tox Laboratories, INC (SHARC-96148-002-06/23) to accept the revised fee schedule.
On September 16, 2025, the City Council approved the Third Amendment to the Professional Consultant Services Agreement with Bio-Tox Laboratories, INC for Forensic Toxicology Testing Services related to California Highway Patrol (CHP) Arrests in the City of Riverside to update the payment provisions to the current Test List and Fees schedule and approved the Fourth Amendment to the Professional Consultant Services Agreement with Bio-Tox Laboratories, INC for Forensic Toxicology Testing Services requested by the Riverside Police Department to update the payment provisions to the current Test List and Fees schedule.
On July 1, 2026, the Riverside County Board of Supervisors approved Amendment Number 6 to their Agreement with Bio-Tox Laboratories, INC (SHARC-96148-002-06/23) to accept the revised fee schedule.
DISCUSSION:
The Riverside Police Department (RPD) entered into a Professional Consultant Services Agreement with Bio-Tox for Toxicology Testing Services requested by the Riverside Police Department and a separate Professional Consultant Services Agreement with Bio-Tox for CHP Alcohol Testing Services related to CHP arrests in the City of Riverside. Bio-Tox extended the terms and pricing of their Riverside County Agreement for the same services to the City of Riverside. The current terms of both Agreements end June 30, 2028.
A revised fee schedule was accepted by the Riverside County Board of Supervisors on July 1, 2026. Therefore, RPD is proposing the Fourth and Fifth Amendments to the Professional Consultant Services Agreements with Bio-Tox to update the payment provisions to the current Riverside County approved Test List and Fees schedule. The updated Test List and Fees schedule increases the fees for some services by 11%.
When the agreements were executed in November 2023, it was estimated that the total cost of Riverside Police Department requested services would be no more than $500,000 over a 5-year term based on the information available at the time. However, due to previously approved fee increases and the proposed fee schedule increase described herein, as well as the increase in services requested each year by RPD, the Department anticipates a need to increase the total agreement compensation by $255,000 for a total agreement amount of $755,000 over the original five-year agreement term. This estimate includes the proposed 11% increase for Fiscal Year 26/27 and an additional anticipated increase of up to 11% for Fiscal Year 27/28. A new RFP will be issued for these services at the end of the current contract term.
There is no anticipated increase to the agreement for CHP requested services. According to the most recent financial assessment of the agreement for CHP requested services, the requested compensation of $250,000 in November 2023 will cover the cost of services through Fiscal Year 27/28.
Purchasing Overview
Toxicology Services Agreement:
The Original agreement for Toxicology Services was approved by City Council on September 8, 2018, in accordance with Purchasing Resolution 23256, Section 702 which states, “Competitive Procurement through Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances: …(e) When Cooperative Purchasing is available and undertaken or when Services can be obtained through Federal, State and/or other public entity pricing contracts or price agreements.” The Second Amendment for Toxicology Services was approved by City Council on November 28, 2023, in accordance with Purchasing Resolution 23914, Section 702 which states, “Competitive Procurement through Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances: …(f) When Cooperative Purchasing is available and undertaken or when Services can be obtained through Federal, State and/or other public entity pricing contracts or price agreements.” The Third Amendment for Toxicology Services was approved by City Council on November 28, 2023, in accordance with Purchasing Resolution 23914, Section 702 which states, “Competitive Procurement through Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances: …(f) When Cooperative Purchasing is available and undertaken or when Services can be obtained through Federal, State and/or other public entity pricing contracts or price agreements.” The Fourth Amendment for Toxicology Services was approved by City Council on September 16, 2025, in accordance with Purchasing Resolution 24101, Section 1104 “Change Orders”, which states: “Modification to a Purchase Order shall be made only by Change Order. Subject to the availability of funds, Change Orders may be utilized for purposes of … (2) modifying unit prices.” This Fifth Amendment is pursuant to Purchasing Resolution 24421, Section 1104 “Change Orders., which states: “Modification to a Purchase Order shall be made only by Change Order... (b) Permitted Uses. Subject to the availability of funds, Change Orders may be utilized for the purposes of … (1) adding and/or deleting quantity of items being procured, (2) modifying unit prices, (5) modifying contract completion time or the term of a Contract… (g) Contracts and Purchase Orders Previously Approved by the City Council or Board of Public Utilities. The Manager, or designee, may approve cumulative Change Orders when: (1) The cumulative Change Orders do not exceed ten percent (10%) of the original Contract or Purchase Order amount; and 2) The cumulative Change Orders approved under this delegated authority do not exceed $150,000. (3) If either limit is exceeded, approval by the applicable Awarding Entity is required before any additional Change Order may be executed, unless the Awarding Entity previously authorized additional Change Order authority; (h) Term and Completion Date Extensions. Approval by the applicable Awarding Entity is required when: (1) A Contract amendment extends the term of the Contract more than one year beyond the original expiration date.” CHP Alcohol Testing Agreement:
The Original agreement for CHP Alcohol Testing was approved by City Council on January 8, 2019, in accordance with Purchasing Resolution 23256, Section 702 which states, “Competitive Procurement through Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances: …(e) When Cooperative Purchasing is available and undertaken or when Services can be obtained through Federal, State and/or other public entity pricing contracts or price agreements.” The Second Amendment for CHP Alcohol Testing was approved by City Council on November 28, 2023, in accordance with Purchasing Resolution 23914, Section 702 which states, “Competitive Procurement through Informal Procurement and Formal Procurement process shall not be required in any of the following circumstances: …(f) When Cooperative Purchasing is available and undertaken or when Services can be obtained through Federal, State and/or other public entity pricing contracts or price agreements.” The Third Amendment for CHP Alcohol Testing was approved by City Council on September 16, 2025, in accordance with Purchasing Resolution 24101, Section 1104 “Change Orders”, which states: “Modification to a Purchase Order shall be made only by Change Order. Subject to the availability of funds, Change Orders may be utilized for purposes of … (2) modifying unit prices.” This Fourth Amendment for CHP Alcohol Testing is pursuant to Purchasing Resolution 24421, Section 1104 “Change Orders., which states: “Modification to a Purchase Order shall be made only by Change Order... (b) Permitted Uses. Subject to the availability of funds, Change Orders may be utilized for the purposes of … (2) modifying unit prices… (g) Contracts and Purchase Orders Previously Approved by the City Council or Board of Public Utilities. The Manager, or designee, may approve cumulative Change Orders when: (1) The cumulative Change Orders do not exceed ten percent (10%) of the original Contract or Purchase Order amount; and 2) The cumulative Change Orders approved under this delegated authority do not exceed $150,000. (3) If either limit is exceeded, approval by the applicable Awarding Entity is required before any additional Change Order may be executed, unless the Awarding Entity previously authorized additional Change Order authority.” The Purchasing Manager concurs that the recommended actions are compliant with Purchasing Resolution 24421.
FISCAL IMPACT:
The total fiscal impact is $255,000 for the Professional Consultant Services Agreement with Bio-Tox for forensic toxicology testing services requested by RPD through June 30, 2028. Sufficient funds for FY 2026/27 in the amount of $65,000 are budgeted in the General Fund, Police Department Field Operations Special Department Supplies Account No. 3115000-426800. The remaining $190,000 for FY 2027/28 will be included in the department’s submission to Council with the adoption of the FY 2027/28 budget.
Prepared by: Brandi Becker, Police Administrator
Approved by: Larry V. Gonzalez, Chief of Police
Certified as to
availability of funds: Julie Nemes, Finance Director
Approved by: Thomas R. Hatch, Interim City Manager
Approved as to form: James Johnson, City Attorney
Attachments:
Fourth Amendment to the Agreement with Bio-Tox for CHP Services Fifth Amendment to the Agreement with Bio-Tox for RPD Services County of Riverside Amendment No. 6 with revised Test List and Fees schedule 4th and 5th Amendments - Bio-Tox Laboratories, INC 2025-2028 ● Page 2