STRATEGIC PRIORITY: Public Safety
AGENDA DATE: March 27, 2024
COUNCIL DISTRICT(S): N/A
DEPARTMENT: Police Department
EXECUTIVE: Jon Fortune
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SUBJECT
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Authorize a three-year cooperative purchasing agreement for THC Quantification and controlled substance quantitation analysis for the Police Department with Armstrong Forensic Laboratory, Inc. through a cooperative purchasing agreement between the City and Tarrant County through the Interlocal Cooperation Act, Chapter 791, Texas Government Code - Not to exceed $750,750.00 - Financing: General Fund (subject to annual appropriations)
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BACKGROUND
This action does not encumber funds; the purpose of a cooperative purchasing agreement is to establish firm pricing for services, for a specific term, which are ordered on an as needed basis.
On December 20, 2018, the Agriculture Improvement Act of 2018 legalized the industrial production of hemp nationwide while simultaneously removing hemp from the Controlled Substances Act.
Under the Texas House Bill (HB-1325), marijuana and tetrahydrocannabinol, or THC (excluding the limited THC in hemp), remain illegal substances. THC is the chemical component that induces the “high” effect. What changed under Texas law, similar to the federal legislation, is that “hemp” is now excluded from the definition of “controlled substance” and “marijuana. Hemp and marijuana both come from the cannabis plant. Different parts of the plant have different THC concentrations and various factors may impact whether a particular plant sample exceeds the statutory THC limit of 0.3%.
Law enforcement agencies routinely submit suspected illegal substances to accredited crime laboratories for analysis. The laboratories test the substance and issue a report to assist law enforcement and prosecutors with decision-making in a case. Before HB-1325 was enacted, laboratories reported a positive result if cannabinoids were present. When no cannabinoids were detected, the laboratory reported no controlled substance. The laboratories were not required to quantitate the THC, i.e., to identify the amount of THC, in the evidentiary sample. In order for crime laboratories to specifically quantitate the THC, which definitively distinguishes hemp and marijuana from an analytical chemistry perspective, they need additional equipment and staffing.
This is because quantitation is more complex and time-consuming in forensic casework than simply identifying the presence or absence of THC.
Under Article 38.35 of the Texas Code of Criminal Procedure, in order for seized drug analysis (including quantitation) to be admitted in a criminal trial, it must be performed in a laboratory accredited by the Texas Forensic Science Commission. The Commission recognizes national accrediting bodies that accredit to International Organization for Standardization standards (17025 or 17020), including forensic supplemental standards that address the intersection of laboratory analysis with the criminal justice system.
This cooperative purchasing agreement will provide for the analysis of THC products such as THC oil, edibles, and vape pens for THC content and quantitation of THC in the evidence through an ANSI (American National Standard Institute)/ANAB (ANSI National Accreditation Board) accredited laboratory. This agreement will also allow for the analysis of controlled substances that require quantitation, such as codeine and hydrocodone, and will allow for an additional laboratory to conduct controlled substance testing on an as needed basis to process backlogs with the primary laboratory.
The cooperative purchasing agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code. Section 271.102 of the Texas Local Government Code which authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Safety Committee was briefed by memorandum regarding this matter on March 5, 2024. <https://cityofdallas.legistar.com/View.ashx?M=F&ID=12726027&GUID=0629B9BB-7DAC-49CC-A6EB-AF376F135D3C>
FISCAL INFORMATION
|
Fund |
FY 2024 |
FY 2025 |
Future Years |
|
General Fund |
$250,250.00 |
$250,250.00 |
$250,250.00 |
M/WBE INFORMATION
In accordance with the City’s Business Inclusion and Development Policy adopted on September 23, 2020, by Resolution No. 20-1430, as amended, the M/WBE participation on this contract is as follows:
|
Contract Amount |
Category |
M/WBE Goal |
M/WBE % |
M/WBE $ |
|
$750,750.00 |
CO-OP |
N/A |
N/A |
N/A |
|
• The Business Inclusion and Development Plan does not apply to Cooperative Purchasing Agreements (CO-OPs). |
PROCUREMENT INFORMATION
|
Cooperative Purchasing Agreement |
• Cooperative purchasing agreements enable the City to associate with State agencies, other local governments, or local cooperative organizations comprised of other state and local governments, to leverage market buying power and enable the City to purchase goods or services at lower prices |
|
|
• The cooperative purchasing agreement is an alternative method of meeting the requirements for competitive bidding or competitive sealed proposals, not an exception from that requirement |
OWNER
Armstrong Forensic Laboratory, Inc.
330 Loch’n Green Trail
Arlington, TX 76012
Ben Armstrong, President