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HomeMy WebLinkAboutContract 34842-A1 i CITY SiCREiAR�' �./)-144, CONTRACT NO.. Dy 0132015 AMENDMENT NO. 1 TO Gay ofaRTVI Y" CITY SECRETARY CONTRACT NO. 34842 CM PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF FORT WORTH AND TRITECH SOFTWARE SYSTEMS This Amendment No. 1 ("Amendment") to City Secretary Contract No. 34842 System Purchase Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton, and Wise Counties, Texas acting by and through Susan Alanis, its duly authorized Assistant City Manager, and TriTech Software Systems, ("Consultant" or "Contractor'), a California corporation and acting by and through Blake Clark, its duly authorized Chief Financial Officer, each individually referred to as a "party" and collectively referred to as the "parties." RECITALS The following provisions are true and correct and form the basis of this Amendment: WHEREAS, on or about January 30, 2007, the parties entered into a System Purchase Agreement ("Agreement") for an integrated Computer Systems consisting of a Computer Aided Dispatch ("CAD") System, Mobile Data System ("MDS"), additional software and services under the terms and conditions set forth in the Agreement. The Agreement is a public document on file in the City's Secretary Office and referenced as City Secretary Contract No. 34842; and WHEREAS, due to CJIS regulations, it has become necessary to amend the Agreement with a separately executed Addendum. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Consultant agree as follows: 1. Section 29.0 GENERAL TERMS of the agreement shall be modified to add: "29.13 Federal Law Enforcement Database Access. If Consultant, or any Consultant Personnel, requires access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System ("FIRS"), Interstate Identification Index System ("III System"), National Crime Information Center ("NCIC") or National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications Systems ("TLETS"), that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal justice as defined therein on behalf of the City or the Fort Worth Police Department under this Agreement, Consultant shall comply with the Criminal Justice Information C>> Services Security Policy and CFR Part 20, as amended, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum in the 3—: form attached hereto as Addendum H and incorporated herein for all purposes." No changes, .Z= modifications, alterations, or amendments shall be made to the Security Addendum. The document shall be executed as is in the attached Addendum H, or as subsequently approved by the Texas Department of Public Safety or the United States Attorney General. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX 4. All other provisions of the Agreement that are not expressly amended herein shall remain in full force and effect. Executed on this the 1&�%y o 2015. CITY OF FORT WORTH: TRITECH SOFTWARE SYSTEMS: By: By: /��� L�t✓� Susan Alanis Blake Clark �As istant City Manager Chief Financial Officer Date: �� I I �'0 S Date: /zo/j ATT T• e`g By- ec APPROVED AS TO FORM A ITY: B : Male hia B. Farmer Senio ssistant City Attorney Contract Authorization: M&C: P-11569 Date Approved:_8/20/2013_ TriTech Software Systems. Amendment No.1 to CSC No.34842 Page 2 of 11 C1 r', S E,CF ADDENDUM H FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM TriTech Software Systems. Amendment No. 1 to CSC No.34842 Page 3 of 11 Agency Identification Agency Name OR( FORT WORTH POLICE DEPARTMENT Agency Address City lip FORT WORTH,TX 176102 Agency Representative(Title and Name) CHIEF OF POLICE Phone Number Fax Number Errsail address Contractor Identification Company Name Company Address City stale rip Contnaclor Representative(title and Name) Phone Number Fax Number Lmail address Submit hard copies and any applicant finger print cards to: Ya USPS: Via overnight carrier: Texas Department of Public Safety Texas Deparirnent of Public Safety CJIS Security Office 1 Irdormation Technology CAS Security Office1 Irdormation Technology P O BOX 4143 MSC 214 5805 N.Lamar,Bldg.G Austin,TX 78765-4143 Austin,TX 78752 Email can be sent to: Security.Committeena txdns.state.tx.us Main office number is:(512)424-5686 Parties may use the following Security Addendum with the Texas Signatory Page or, in their contract, choose to incorporate the Security Addendum by reference. If the Addendum is incorporated by reference into the contract,a copy of the contract must be provided to the TX DPS CJIS Security Office. TriTech Software Systems. Amendment No. 1 to CSC No.34842 Page 4 of 11 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM Legal Authority for and Purpose and Genesis of the Security Addendum Traditionally, law enforcement and other criminal justice agencies have been responsible for the confidentiality of their information. Accordingly, until mid-1999, the Code of Federal Regulations Title 28, Part 20, subpart C, and the National Crime Information Center(NCIC) policy paper approved December 6, 1982, requited that the management and exchange of criminal justice information be performed by a criminal justice agency or, in certain circumstances, by a noncriminal justice agency under the management control of a criminal justice agency. In light of the increasing desire of governmental agencies to contract with private entities to perform administration of criminal justice functions,the FBI sought and obtained approval from the United States Department of Justice(DOJ) to permit such privatization of traditional law enforcement functions under certain controlled circumstances. In the Federal Register of May 10, 1999,the FBI published a Notice of Proposed Rulemaking, announcing as follows: 1. Access to CHRI [Criminal History Record Information] and Related Information,Subject to Appropriate Controls,by a Private Contractor Pursuant to a Specific Agreement with an Authorized Governmental Agency To Perform an Administration of Criminal Justice Function (Privatization). Section 534 of title 28 of the United States Code authorizes the Attorney General to exchange identification,criminal identification, crime,and other records for the official use of authorized officials of the federal government, the states,cities,and penal and other institutions.This statute also provides, however,that such exchanges are subject to cancellation if dissemination is made outside the receiving departments or related agencies. Agencies authorized access to CIIRI traditionally have been hesitant to disclose that information, even in furtherance of authorized criminal justice functions,to anyone other than actual agency employees lest such disclosure be viewed as unauthorized. In recent years, however, governmental agencies seeking greater efficiency and economy have become inamasingly interested in obtaining support services for the administration of criminal justice from the private sector. With the concurrence of the FBI's Criminal Justice Information Services (CJIS)Advisory Policy Board,the DOJ has concluded that disclosures to private persons and entities providing support services for criminal justice agencies may,when subject to appropriate controls,properly be viewed as permissible disclosures for purposes of compliance with 28 U.S.C.534. We are therefore proposing to revise 28 CFR 20.33(x)(7)to provide express authority for such arrangements.The proposed authority is similar to the authority that already exists in 28 CFR 20.21(bX3)for state and local CHRI systems. Provision of CHRI under this authority would only be permitted pursuant to a specific agreement with an authorized governmental TriTech Software Systems. Amendment No. 1 to CSC No.34842 Page 5 of 11 agency for the purpose of providing services for the administration of criminal justice.The agreement would be required to incorporate a security addendum approved by the Director of the FBI (acting for the Attorney General). The security addendum would specifically authorize access to CM,limit the use of the information to the specific purposes for which it is being provided, ensure the security and confidentiality of the information consistent with applicable laws and regulations, provide for sanctions, and contain such other provisions as the Director of the FBI (acting for the Attorney General) may require. The security addendum, buttressed by ongoing audit programs of both the FBI and the sponsoring governmental agency, will provide an appropriate balance between the benefits of privatization, protection of individual privacy interests, and preservation of the security of the FBI's CI IRI systems. The FBI will develop a security addendum to be made available to interested governmental agencies. We anticipate that the security addendum will include physical and personnel security constraints historically required by NCIC security practices and other programmatic requirements, together with personal integrity and electronic security provisions comparable to those in NCIC User Agreements between the FBI and criminal justice agencies, and in existing Management Control Agreements between criminal justice agencies and noncriminal justice govermnental entities. The security addendum will make clear that access to CMU will be limited to those officers and employees of the private contractor or its subcontractor who require the information to properly perform services for the sponsoring governmental agency,and that the service provider may not access,modify, use, or disseminate such information for inconsistent or unauthorized purposes. Consistent with such intent,Title 28 of the Code of Federal Regulations(C.F.R.) was amended to read: §20.33 Dissemination of criminal history record information. a) Criminal history record information contained in the Interstate Identification Index (111) System and the Fingerprint Identification Records System(FIRS)may be made available: 1) To criminal justice agencies for criminal justice purposes, which purposes include the screening of employees or applicants for employment hired by criminal justice agencies. 2) To noncriminal justice governmental agencies performing criminal justice dispatching functions or data processing/infonnation services for criminal justice agencies;and 3) To private contractors pursuant to a specific agreement with an agency identified in paragraphs(axl)or(ax6)of this section and for the purpose of providing services for the administration of criminal justice pursuant to that agreement.The agreement must incorporate a security addendum approved by the Attorney General of the United TriTech Software Systems. Amendment No.1 to CSC No.34842 Page 6 of 11 States, which shall specifically authorize access to criminal history record information,limit the use of the information to the purposes for which it is provided, ensure the security and confidentiality of the information consistent with these regulations, provide for sanctions, and contain such other provisions as the Attorney General may require. The power and authority of the Attorney General hereunder shall be exercised by the FBI Director(or the Director's designee). This Security Addendum, appended to and incorporated by reference in a government-private sector contract entered into for such purpose, is intended to insure that the benefits of privatization are not attained with any accompanying degradation in the security of the national system of criminal records accessed by the contracting private party. This Security Addendum addresses both concerns for personal integrity and electronic security which have been addressed in previously executed user agreements and management control agreements. A government agency may privatize functions traditionally performed by criminal justice agencies (or noncriminal justice agencies acting under a management control agreement), subject to the terms of this Security Addendum. If privatized,access by a private contractor's personnel to NCIC data and other CJIS information is restricted to only that necessary to perform the privatized tasks consistent with the government agency's function and the focus of the contrail. If privatized the contractor may not access,modify,use or disseminate such data in any manner not expressly authorized by the government agency in consultation with the FBI. TriTech Software Systems. Amendment No.1 to CSC No.34842 Page 7 of 11 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systema while(1)under the control or management of a private entity or(2)connectivity to FBI CJIS Systems has been provided to a private entity (contractor).Adequate security is defined in Office of Management and Budget Circular A- 130 as`scourity commensurate with the risk and magnitude of harm resulting from the loss, misuse,or unauthorized access to or modification of information." The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with fcdcral and state laws,regulations,and standards(including the CJIS Security Policy in effect when the contract is executed),as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board(APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBrs information resources are not compromised The security program shall include consideration of personnel security, site security, system security,and data security,and technical security. The provisions of this Security Addendum apply to all personnel,systems,networks and support facilities supporting and/or acting on behalf of the government agency. 1.00 Definitions 1.01 Contracting Government Agency(CGA)-the government agency,whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum. 1.02 Contractor- a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 200 Responsibilities of the Contracting Government Agency. 2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum.The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. 3.00 Responsibilities of the Contractor. 3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations,and standards(including the CJIS Security Policy in effect when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Services(CJIS)Advisory Policy Board(APB). 4.00 Security Violations. 4.01 The CGA must report security violations to the CJIS Systems Officer(CSO)and the Director,FBI,along with indications of actions taken by the CGA and Contractor. TriTcch Software Systems. Amendment No. 1 to CSC No.34842 Page 8 of 11 4.02 Security violations can justify termination of the appended agreement. 4.03 Upon notification,the FBI reserves the right to: a.Investigate or decline to investigate any report of unauthorized use; b.Suspend or terminate access and services,including telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CA and Contractor. Upon termination,the Contractor's records containing CH U must be deleted or returned to the CGA 5.00 Audit 5.01 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer,grant,or authorize any rights,privileges,or obligations on any persons other than the Contractor,CGA,CJA(where applicable),CSA, and FBI. 6.02 The following documents arc incorporated by reference and made part of this agreement:(1)the Security Addendum;(2)the NCIC 2000 Operating Manual;(3)the CJIS Security Policy,and(4)Title 28,Code of Federal Regulations,Part 20.The parties are also subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and betwccn the parties hereto;rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 6.04 This Security Addendum may only be modified by the FBI,and may not be modified by the parties to the appended Agreement without the consent of the FBL 6.05 All notices and correspondence shall be forwarded by First Class mail to: Assistant Director Criminal Justice Information Services Division,FBI 1000 Custer Hollow Road Clarksburg,West Virginia 26306 TriTech Software Systems. Amendment No.1 to CSC No.34842 Page 9 of 11 FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SF,RVICES SECURITY ADDENDUM CERTIFICATION I hereby certify that I am familiar with the contents of(1)the Security Addendum, including its legal authority and purpose;(2)the NCIC 2000 Operating Manual;(3)the CAS Security Policy; and (4)Title 28,Code of Federal Regulations, Part 20, and agree to be bound by their provisions. I recognize that criminal history record information and related data, by its very nature,is sensitive and has potential for great harm if misused.I acknowledge that access to criminal history record information and related data is therefore limited to the putposo(s)for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system by, among other things: accessing it without authorization;accessing it by exceeding authorization;accessing it for an improper purpose; using, disseminating or re-disseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re-disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to,suspension or loss of employment and prosecution for state and federal crimes. Signature of Contractor Employee Dale Printed or Typed Contractor Employee Name Sex: Race: DOB: State/ID or DL: Signature of Contractor Representative Date Printed or Typed Name of Contractor Representative Organization Name and Representative's Title TriTech Software Systems. Amendment No. 1 to CSC No.34842 Page 10 of 11 Texas Signatory Page The undersigned parties agree that the Securi yAddendurn is now a part of the contract between the entitiea. The parties agree to abide by all requirements of the Security Addendwn and the UIS Security Policy,and it shall nanain in force for the term of the contract. Any violation of this addendum constitutes a breach of the contract. To the extent there is a conflict between a confidentiality clause in the underlying contract and the Security Addendum and/or the UIS Security Polky,the Security Addendran and the UIS Security Policy shall govern any information covered by the SerurdyAddendmn and/or the UIS Security Policy. (To be signed and dated by the vendor and law enforcement agency representative(s)who signed the original contract,or at least who have authority to bind each entity.) Printed Name of Agency Representative Chief of Police Signature of Agency Representative Title Fort Worth Police Department Agency Name and ORI Date Printed Name of Vendor(Contractor)Representative Signature of Vendor(Contractor)Representative Title Vendor Organization Name Date TriTech Software Systems. Amendment No. 1 to CSC No.34842 Page 11 of 11 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F ' or TWIRTH COUNCIL ACTION: Approved on 8/20/2013 REFERENCE ** 13P13-0230 TRITECH DATE: 8/20/2013 NO.: P-11569 LOG NAME: MAINTENANCE EW CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Sole Source Purchase Agreement with TriTech Software Systems in the Amount Up to $480,225.00 for the First Year, for Maintenance and Support for the Computer Aided Dispatch System and Station Alerting System for the Information Technology Solutions Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Sole Source Purchase Agreement with TriTech Software Systems in the amount up to $480,225.00 for the first year, for maintenance and support for the computer aided dispatch system and station alerting system for the Information Technology Solutions Department. DISCUSSION: The Information Technology Solutions Department will use this Agreement to ensure continual upgrades and support of the Computer-Aided Dispatch (CAD) and Station Alerting System software from TriTech Software Systems (TriTech). City Council approved the purchase of the CAD and Station Alerting Systems software on January 23, 2007 (M&C C-21944). TriTech Software Systems is the documented sole source provider for support and maintenance to the existing VisiNet suite of software applications (computer-aided dispatch, mobile data, law records management, interfaces and related modules and documentation). PRICING ANALYSIS -The new annual pricing is approximately in the amount of$6,000.00 more than last year. Staff finds this pricing fair and reasonable. ADMINISTRATIVE AMENDMENT-An administrative increase or amendment may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the M/WBE Waiver is based on the sole source information provided to the M/WBE Office by the Purchasing Division Buyer. AGREEMENT TERMS - Upon City Council's approval, this Agreement will be effective on August 14, 2013 and shall expire on August 13, 2014. RENEWAL OPTIONS - This support Agreement may be renewed for up to four additional one-year terms by mutual Agreement of the parties. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18797&councildate=8/20/2013 11/3/2015 M&C Review Page 2 of 2 budget, as appropriated, of the Information Systems Fund. BQN\13-0230\EW TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Susan Alanis (;8180) Originating Department Head: Jay Chapa (8,517) Additional Information Contact: Jack Dale (8357) Eryck Walker(6610) ATTACHMENTS TRITECH QUOTE Ft Worth 2013.pdf http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 87976.,councildate=8/20/2013 11/3/2015