RECOMMENDATION: Approve and authorize Third Amendment to First Interlocal Agreement between City of Houston and Houston Forensic Science Center, Inc.
SPECIFIC EXPLANATION:
Resolution No. 2012-017, passed and adopted by City Council on June 6, 2012, created the Houston Forensic Science LGC, Inc. (“HFSLGC”), a local government corporation, to operate a forensic science center to provide the City with accurate and timely analysis of forensic evidence and related services, which would enhance the welfare and safety of the public and which is independent from actual or perceived influence by law enforcement, prosecutors, elected officials, and special interest groups.
Ordinance No. 2014-165, passed and adopted by City Council on February 26, 2014, created the First Interlocal Agreement between The City of Houston and Houston Forensic Science Center LGC, Inc. (the “Original Interlocal Agreement”) whereby City transferred to HFSLGC the control of and responsibility for the forensic operations relating to analysis of forensic evidence and related services. Pursuant to First Interlocal Agreement, the Houston Forensic Science Center governs, provides guidance, and operates an independent Forensic Science Center, pursuant to criminal law, to provide City with accurate and timely analysis of forensic evidence and related services to enhance the welfare and safety of the public. Forensic operations include toxicology, seized drugs, forensic biology, firearms, latent prints, digital and multimedia, crime scene, and vehicle examination.
Ordinance No. 2019-0117, passed and adopted by City Council on February 20, 2019, created a First Amendment to the Original Agreement (“First Amendment”) whereby the City and HFSC ratified the change of name of HFSLGC to HFSC, ratified HFSC’s change of corporate and registered address, and revised the Term of the 30-year Lease Agreement between the City of Houston and Jefferson Smith, LLC for office space at 500 Jefferson, which Lease was passed and adopted by the City Council October 3, 2018, by Ordinance No. 2018-793.
Ordinance No. 2020-0898, passed and adopted by City Council on October 21, 2020, created a Second Amendment to the Original Agreement (“Second Amendment”) whereby HFSC was able to seek reimbursement for eligible COVID 19 expenditures or other disaster-related expenses from the City subject to applicable laws, regulations, and executive orders regarding the use of Disaster Funds.
The City of Houston and Houston Forensic Science Center now desire to amend certain terms and conditions of the Original Agreement by amending the definitions of “2011 Meet and Confer”, “Civilians, and “Classified, and replacing the definition of “Forensic Operations” in Article 1., Definitions with “Forensic Operations” means the handling, collecting, storing, analyzing, disposing and destroying of property, including forensic evidence, collected or seized at crime scenes as regulated by federal, state and local laws, regulations, ordinances, and rules and the operations of The HPD Crime Lab, HPD’s Identification Divisions, and HPD’s Property Division.
FISCAL NOTE:
There is no impact to the fiscal budget or no additional spending authority. Therefore, no Fiscal Note is required as stated in the Financial Policies.
SIGNATURE / DATE:
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Christ Newport
Chief of Staff, Mayor's Office
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Troy Finner
Police Chief, Houston Police Department