HomeMy WebLinkAbout4.11 Amendment to the Agreement with Redwood Toxicology Laboratory, Inc.STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.11
DATE:June 15, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Amendment to the Agreement with Redwood Toxicology Laboratory, Inc.
Prepared by: Laura Jammal, Administrative Aide
EXECUTIVE SUMMARY:
The City Council will consider approving an amendment to the agreement with Redwood
Toxicology Laboratory, Inc. to extend the term of services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment #1 to the Agreement with Redwood Toxicology
Laboratory, Inc. for the Provision of Toxicology Testing Services.
FINANCIAL IMPACT:
Sufficient funding for testing services provided in the contract amendment is included in the Fiscal
Year 2021-22 Budget.
DESCRIPTION:
Dublin Police Services is currently contracted with Redwood Toxicology Laboratory, Inc. for
toxicology testing services by utilizing the Alameda County Master Contract No. 901632
(Attachment 3). Redwood Toxicology, Inc. is headquartered in Santa Rosa and serves numerous
cities in California. The current contract expires June 30, 2021.
Alameda County Master Contract No. 901632 will expire on December 31, 2021 and Alameda
County will issue a new Request for Proposals for the service prior to expiration. In order to
ensure uninterrupted public safety essential services, Staff is requesting the extension of the
contract with Redwood Toxicology Laboratory, Inc. to June 30, 2022 or when a new contract is
awarded by the Alameda County, whichever is sooner. Staff will bring back a new contract for the
City Council’s approval once one is awarded by Alameda County.
1544
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Amendment #1 to the Agreement with Redwood Toxicology Laboratory,
Inc. for the Provision of Toxicology Testing Services
2) Exhibit A to the Resolution – Amendment #1 to Contractor Services Agreement
3) Exhibit B to the Resolution – Alameda County Master Contract No. 901632
4) Contractor Services Agreement with Redwood Toxicology, Inc. for Toxicology Testing Services
1545
Attachment 1
Reso. No. XX-21, Item X.X, Adopted 06/15/21 Page 1 of 1
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDEMENT #1 TO THE AGREEMENT WITH REDWOOD TOXICOLOGY
LABORATORY, INC. FOR THE PROVISION OF TOXICOLOGY TESTING SERVICES
WHEREAS,the City of Dublin uses toxicology testing services to ensure the proper
processing and transportation of specimens; and
WHEREAS,the City contracts with Redwood Toxicology Laboratory, Inc. for these services,
via Master Contract No. 901632 between Redwood Toxicology Laboratory, Inc. and Alameda County
Master Contract; and
WHEREAS, the City’s contract with Redwood Toxicology Laboratory, Inc expires June 30,
2021, and the City wishes to continue to contract with the firm for Fiscal Year 2021-22.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendment to the Agreement with Redwood Toxicology Laboratory, Inc.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to
execute the extension to the Contract with Redwood Toxicology Laboratory, Inc., attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that the Contract extension is in accordance with the
Master Contract No. 901632 between Redwood Toxicology Laboratory, Inc. and Alameda
County, attached hereto as Exhibit B.
PASSED, APPROVED AND ADOPTED this 15th day of June 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
1546
Attachment 2
Exhibit A to the Resolution
Page 1 of 3
AMENDMENT #1 TO CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
REDWOOD TOXICOLOGY LABORATORY, INC.
WHEREAS,on JULY 1, 2019, the City of Dublin (hereinafter referred to as
"CITY") and Redwood Toxicology Laboratory, Inc.(hereinafter referred to as
"CONTRACTOR") entered into a Contracting Services Agreement for Laboratory Testing
services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT expires on June 30, 2021; and
WHEREAS,the CITY and CONSULTANT now wish to amend the
AGREEMENT to extend the term to June 30, 2022; and modify section 6.1.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1)Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2022, the date of completion specified in Exhibit A, and
Contractor shall complete the work described in Exhibit A on or before that date,
unless the term of the Agreement is otherwise terminated or extended, as provided
for in Section 8. The time provided to Contractor to complete the services required
by this Agreement shall not affect the City’s right to terminate the Agreement, as
referenced in Section 8. Notwithstanding the foregoing this Agreement may be
extended on a month to month basis for up to 6 months upon the written consent of
the Contractor and the City Manager, provided that: a) sufficient funds have been
appropriated for such purchase, b) the price charged by the Contractor for the
provision of the serves described in Exhibit A does not increase. None of the
foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
2)Section 6.1 shall be rescinded in its entirety and replaced with the following:
Independent Contractor. At all times during the term of this Agreement,
CONTRACTOR shall be an independent contractor and shall not be an employee of
City. This Agreement shall not be construed as an agreement for employment. City
shall have the right to control CONTRACTOR only insofar as the results of
CONTRACTOR’s services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subsection 1.3; however, otherwise City shall not have the
right to control the means by which CONTRACTOR accomplishes services rendered
pursuant to this Agreement. CONTRACTOR further acknowledges that
1547
Attachment 2
Exhibit A to the Resolution
Page 2 of 3
CONTRACTOR performs Services outside the usual course of the City’s business;
and is customarily engaged in an independently established trade, occupation, or
business of the same nature as the CONTRACTOR performs for the City, and has
the option to perform such work for other entities. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary,
CONTRACTOR and any of its employees, agents, and subcontractors providing
services under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any and all claims to, any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the California
Public Employees Retirement System (PERS) as an employee of City and
entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
3)Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4)All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
5)The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
1548
Attachment 2
Exhibit A to the Resolution
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN REDWOOD TOXICOLOGY
LABORATORY, INC.
By: _____________________________ By: _____________________________
Linda Smith, City Manager Mary Tardel, Director, Government
Services
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
1549
Attachment 3
Exhibit B to the Resolution
1550
1551
1552
1553
1554
1555
1556
1557
1558
1559
1560
1561
1562
1563
1564
1565
1566
1567
1568
1569
1570
1571
1572
1573
1574
1575
1576
1577
1578
1579
1580
1581
1582
1583
1584
1585
1586
1587
1588
1589
1590
1591
1592
1593
1594
1595
1596
1597
1598
1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
1611
1612
1613
1614
1615
1616
1617
1618
1619
1620
Attachment 4
1621
1622
1623
1624
1625
1626
1627
1628
1629
1630
1631
1632
1633
1634
1635
1636