title
Approve a first amendment with American Forensic Nurses, Inc. for $345,000 for a total contract amount not to exceed $750,000 to provide phlebotomy services through June 30, 2027; and Authorize the County Administrator to execute the amendment and any subsequent amendments, with County Counsel concurrence, up to an annual aggregate of $74,999
body
Published Notice Required? Yes ____ No __X_
Public Hearing Required? Yes ____ No __X_
DEPARTMENTAL RECOMMENDATION:
The District Attorney recommends that the Board of Supervisors approve a first amendment with American Forensic Nurses, Inc. for $345,000 for a total contract amount not to exceed $750,000 to provide phlebotomy services through June 30, 2027; and authorize the County Administrator to execute the amendment and any subsequent amendments, with County Counsel concurrence, up to an annual aggregate of $74,999.
SUMMARY/DISCUSSION:
The District Attorney’s Bureau of Forensic Services requires services from a licensed vendor to perform blood draws for the forensic determination of blood alcohol content and other drugs over the course of the contract period. This requirement is in accordance with Vehicle Code §23158(f) as well as under Title 17 of the California Administrative Code §1219 and §1219.1. This service is for law enforcement agencies throughout Solano County requesting blood alcohol content and other drugs for the purposes of determining impairment to drive a motor vehicle.
On July 26, 2022, the Board approved an agreement with American Forensic Nurses Inc. (AFN) for a not to exceed amount of $405,000 with an annual not to exceed amount of $135,000 for the term July 1, 2022 through June 30, 2025, with possible extensions for two additional one-year periods. The agreement included a 4% annual fee increase to help cover the increase in annual operating costs. The contract requires AFN to provide professional phlebotomy services for forensic determination of blood alcohol and drug content to the District Attorney’s Forensic Bureau. When contacted by the Solano County law enforcement and the California Highway Patrol (CHP), a phlebotomist is dispatched on demand, 24 hours per day, to any location within Solano County to perform a blood draw. Other contracted AFN responsibilities include maintaining the applicable licenses and certifications issued by applicable accrediting agencies, properly sampling, collecting, preserving, marking, and packaging of blood samples per the California Code of Regulations, and providing testimony in court when needed.
The District Attorney’s Office and AFN seek to increase the maximum value per year of the contract from $135,000 to $160,000, with a new contract not to exceed amount of $750,000 and extend the term of the contract through June 30, 2027. Increasing the contract maximum value per year will account for future increases in the cost per blood draw and account for the upward trend of increased annual amount of blood draws performed. Extending the contract term to June 30, 2027 allows for continuity in services and cooperation between the District Attorney’s Bureau of Forensic Services, American Forensic Nurses, and local law enforcement.
FINANCIAL IMPACT:
The maximum compensation under the original contract is up to $135,000 per fiscal year with a total contract not to exceed amount of $405,000. In FY2022/23, the total contract expense was $120,245. In FY2023/24, the total contract expense was $132,297. For the period of July 2024 through April 2025, the contract expense has been $122,949. It is anticipated that the May and June 2025 invoices will cause the total annual expense to exceed $135,000 maximum annual value of the contract. Therefore, a contract amendment is requested to increase the annual not to exceed amount to $160,000 and the total contract not to exceed amount to $750,000. Additionally, the contract amendment will extend the term of the agreement through June 30, 2027.
The District Attorney pays AFN for the phlebotomy services under the contract on behalf of local law enforcement agencies and then directly bills the requesting agencies, except for CHP, to reimburse the County. CHP does not reimburse the County per California Government Code §29602, resulting in a General Fund impact. The total General Fund impact is dependent upon the amount of blood draws requested by the CHP. In FY2022/23 the General Fund cost was $39,600, in FY2023/24, the General Fund cost was $48,300, and through April 2025, the General Fund cost has been $44,770.
Driving this increase in expense are an increase in the amount of blood draws performed overall and the increased cost per blood draw. The cost per blood draw in FY2022/23 was $120.00 per draw, increasing to $125.04 per blood draw in FY2023/24, with a current cost of $130.04 in FY2024/25. In FY2022/23, the total amount of blood draws was 856, increasing to 930 in FY2023/24. Through April 2025, the total amount of blood draws is 785. The expense for this contract is included in the department’s FY2024/25 Working Budget. This expense is also included in the department’s FY2025/26 Recommended Budget.
ALTERNATIVES:
The Board of Supervisors could choose not to approve the amendment to this contract, or direct staff to consider other options and return with new recommendations. However, this alternative is not recommended as there is an ongoing critical need for phlebotomy services for local law enforcement agencies.
OTHER AGENCY INVOLVEMENT:
County Counsel has approved the contract as to form.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION