HomeMy WebLinkAboutContract 45189-A2 (2)CITY SECRPTAW
CONTRACT Wriv .
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AMENDMENT NO. 2 TO
CITY SECRETARY CONTRACT NO. 45189
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
APEX SYSTEMS, LLC DBA VIRGINIA APEX SYSTEMS, LLC
Formerly
Apex Systems, Inc., dba Virginia Apex Systems, Inc.
This Amendment No. 2 ("Amendment") to City Secretary Contract No. 45189 Professional
Services 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 Apex Systems, LLC dba Virginia Apex Systems, LLC formerly Apex
Systems, Inc., dba Virginia Apex Systems, Inc. ("Consultant" or "Contractor"), a Virginia
corporation and acting by and through Mike Lyons, its duly authorized Vice President of Texas
Operations, Principal, 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 December 12, 2013, the parties entered into a Professional Services
Agreement ("Agreement") for professional consulting services for the purpose of staff
augmentation, permanent placements, and specific contractor project duties as defined by the
City for technology related 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. 45189; and
WHEREAS, on or about September 11, 2014, the parties subsequently amended the
Agreement via City Secretary Contract No. 45189-Al, to exercise the first option to renew; and
supplemented the Agreement to add the Federal Bureau of Investigation Criminal Justice
Information Services Security ("CJIS") Addendum as required by Title 28, Code of Federal
Regulations, Part 20, such addendum identified as City Secretary Contract No. 45189-AD-1
which was incorporated into the Agreement (the "Addendum"). City Secretary Contract Nos.
45189, 45189-Al, and 45189-AD1 are hereby collectively referred to as the ("Agreement"); and
WHEREAS, the Agreement provided an Initial term expiring August 28, 2014, with options to
renew for two (2) additional terms of one year each. The City wishes to exercise its second
option to renew the Agreement, subject to the terms and conditions of this Amendment; and
WHEREAS, due to CJIS regulations, it has become necessary to further amend the Agreement
to terminate the Addendum previously incorporated into the Agreement and replace it 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:
OFFICIAL R .
CITY SECRETARY
Ft WOfl.j, TX
1.
Section 2 of the agreement shall be modified to extend the term of the Agreement with
the renewal term commencing on August 29, 2015 and expiring on August 28, 2016.
2.
Section 27.2 of the agreement shall be modified to read:
27.2 Federal Law Enforcement Database Access. If Consultant, or any Consultant
P ersonnel, requires access to any federal law enforcement database or any federal criminal
history record information system, including but not limited to Fingerprint Identification Records
S ystem ("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
S ervices 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
form attached hereto as Exhibit "G" and incorporated herein for all purposes. No changes,
modifications, alterations, or amendments shall be made to the Security Addendum. The
document shall be executed as is in the attached Exhibit G or as subsequently approved by the
Texas Department of Public Safety or the United States Attorney General.
3.
Execution of this Amendment terminates CSC No. 45189-AD-1
4.
All other provisions of the Agreement that are not expressly amended herein shall
remain in full force and effect.
Apex Systems LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
Page 2of12
Executed on this the day of Oat , 2015.
CITY OF FORT WORTH:
By: tar--
san Alanis
`assistant City Manager
Date: lo ( � r?-1) (
City S-+ea
APPROVED AS TO FORM AND LEGALITY:
Maleshib B Farmer
Senior Assistant City Attorney
Contract Authorization:
M&C: C-26551
Date Approved: _11 /5/2013
Apex Systems, LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
Page 3ofl2
APEX SYSTEMS, LLC ®BA VI RO I NIA
APEX SYSTEMS, LLC.:
By:
Mike Lyons
Vice President of Texas Operations,
Principal '25
Date:
oFFit:rm. itEcoRu
CITY SECRETARY
FT. WORTH, TX
EXHIBIT G
FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY ADDENDUM
Apex Systems, LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
Page 4 of 12
Agency ldcntrlication
Agency Name
FORT WORTH POLICE DEPARTMENT
Agency Address
1000 THROCKMORTON STREET
city
FORT WORTH. TX
Agency Representative ((ilk: and Name)
CHIEF OF POLICE
t'b snu Number
Email address
Contractor Idendfic.ation
(Au npnny Nurno
Company Address
City
Contractor Representative (tine and Nome)
Phone Number
Email address
lox 4i;iiiIi r
fax Number
Submit hard copies and any applicant finger print cards to:
Via USPS:
Texas Department of Public Safety
CJIS Security Office 1 Information Technology
PO Box4143MSC214
Austin, TX 78765-4143
ORI
hp
76102
51nle I lip
Via overnight carrier:
Texas Department of Public Safety
CJIS Security Office 1 Information Technology
5805 N Lamar, Bldg. G
Austin, TX 78752
Email can be sent to: Securitv.Committccfdtxdns.s
Main office number is: (512) 424-5686
:ite.tx.trs
Parties stay use the following Security Addendum with the Texas Signatory Page or, in
their contract, choose to incorporate the Security Addendum by relbrence 1f the
Addendum is incorporated by reference into the contract, 1 copy of the contract must be
provided to the TX 1)PS CJIS Security Office.
Apex Systems LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
Page 5of12
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 riganaies have been
responsible for thi, 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 (NC IC) policy paper approved December 6, 1982. rc quired that the
management and exchange of criminal justice information be performed by a criminal
justice agency or. in oertain cireumstanoes, 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 F13I sought and obtained
upproval from the United States Department of Justice (1)0J) to permit such privatization
of traditional law enforeemcnt functions under eeriain controlled utivumslances. in the
Federal Register of May 10, 1999, the FBI published a Notice of Proposed Rulemaking,
announcing as follows:
1. Access to CIIRI [Criminal Ilistory Record Information] and
Related Information. Subject to Appropriate Controls, by a Private Contactor
Pursuant to a Specific Agreement with an Authorized Governmental Agency
1'o Perform an Adnrinislndion of Criminal Justice 1 unction (Privatization).
Section 534 of title 28 of the United States Code authorizes the Attorney
General to exchange identification, criminal identification, crime, and other
recants 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 t.xchiurgcs are subject to cancellation if dissemination is
made outside the receiving departments or rebated ngenuies. Agencies
authorized access to C1iRI 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 humane increasingly interested in
obtaining support services for the administration of criininal 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
a,riminal justice agencies may, when subject to appropriate controls, properly
he viewed as permissible disclosures for purposes of compliance wath 28
U.S.C. 534,
We arc therefore proposing to revise 28 CFR 20.33(a) (7) to provide
express authority for such mrangemenls. The proposed authority is similar to
the authority that already exists in 28 CI•R 20.21(h)(3) for state and local
CI-IRI systems. Provision of CIIRI under this authority would only be
pc -milled pursuant to a speoilie ngr c.ment with an authorized governmental
Apex Systems, LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
Page 6of12
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
CHRI. unlit 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 pros isions as the Director of the FBI (acting for the
Attorney Cieneurl) 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 piivacy intetvsts, and preservation of
the security of the FBI's CIIRi systems.
The F131 will develop a security addendum to he made available to
interested governmental agencies. We anticipate that the security addendum
will include physical and personnel security constraints historically required
by NC1C security practices and other programmatic requirements. together
with personal integrity and electronic security provisions comparable to those
in NCiC' tist,r Agreements between the FBI and criminal justice agencies,
and in existing Management Control Agreements between criminal justice
agencies and noncriminal justice governmental entities. The security
addendum will make clear that access to CHRI will be limited to those
officers and unplovices of the private contractor or its subcontractor who
require the information to properly perform sen'iees for the sponsoring,
governmental agency, and that the service provider may not access, modify,
use. or disseminate such information for inconsistent or unauthorized
putposes.
Consistent with such intent, Tills 28 ol'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 (ili) System and the Fingerprint Identification
Records System (FIRS) may be made mailable:
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 nonertminal justice governmental agcnoies performing criminal
justice dispatching tunctions or data processingiinfornation services
for criminal justice agencies., and
3) To private contractors pursuant to a specific agreement with an
agency identified in paragraphs (a)(1) or (a)(6) of this section gnd for
the purpose of providing services for the administration of criminal
justice pursuant to that agreement. The •rgreemcnt must incorporate a
security addendum approved by the Attorney General ol'the tlrrrtcd
Apex Systems, LLC dba Virginia Apex Systems, LLC.
Amendment No, 2 to CSC No. 45189
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States, which shall specifically uuthorize awes 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 pros isions 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 inuotpomled by reference in a
government -private sector contrast entered into for such purpose, is intended to insure that
the benefits of privatization arc: not attained with any awompanying degradation in the
security of the national system of criminal rciords ac,ecssed by the t.ontrncting private
party. This Security Addendum addresses both concerns for personal integrity and
electronic security tvhieh hate been addressed in previously executed user agreements and
management control agreements,
A government agency may privatize functions traditionally performed by crnninal
justice agencies (or noncriminal justice agencies acting under a management control
agreement), subject to the teens ()I' 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 goverment
agency's function and the locus of the contract, If privatized the contractor may not
access, modify, use on disseminte such data in any manner not expressly authorized by
the government agency m consultation with the F131.
Apex Systems, LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
Page 8 of 12
I+EJ)ERAL 13UREAU OF INVES'TiGA'l'ION
CRIN'IINALJUS'I'I( EINNORNIA1'ION SERVICES
SECURITY ADDENDUM
*Mc goal of this document is to augment the CJIS Security Policy to ensure adequate
security is provided tor criminal Justice systems while (1)under the eunirol or management of
n private entity or (2) connectivity to FRi CJiS Systems has been provided to n private entity
(conlntolor). Adequate security is defined in Office of Nlnnngemant and Budget Circular A-
130 as "smith) eotmncnsuratc with the risk and magnitude of harm resulting Imm the loss,
misuse. or unauthorized access to or modification of information."
The intent of this Security Addendum is to require that the Contractor maintain n
security program consistent \vith federal and stale laws. regulations and standards (including
the (`J1S Security Policy in effect when the contrast is executed), as well as twill' policies and
standards established by the Criminal Justice htforrnation Services (C.AS) .Advisory Policy
Board ( APB).
This Sectuity Addendum identifies the duties and iesponsibilities with respect to the
installation and maintenance of adtquatc intermit controls within the contractual relationship
so that the security and integrity of the FBPs information resources arc not compromised. The
security program shall include consideration of personnel security, site security, system
security, and data sceur ity, and technical security.
The provisions of this Security Addendum apply to all personnel, systems, networks
and support facilities supporting andor 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 Justine Agency, which enters into an agreement with a
private contractor subject to this Security Addendum,
1,02 Contractor - a private business, organization or individual tvhioh has entered into an
agreement for the administration of criminal justice with a Criminal Justice Agency or a
Noncriminal Justice Agency.
2.00 Responsihilitics 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 CUA 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 ('JiS Security Policy in effect when the contract is
executed), as well as with policies and standards established by the Criminal Justiee
information Sun'ic,es (CJIS) Advisory Policy 13oard (APi.).
4.00 Security Violations,
4.01 The CCU\ must report security violations to the CJiS Systems Officer (CSO) and the
Director, FBI, along with indications of actions taken by the COA and Contractor.
Apex Systems LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
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4.02 Security violations can justify termination of the appended agreement.
4,03 Upon notification, the F13I reserves the right to:
a. Investigate or decline to investigate any report of unauthorized use;
h. Suspend or terminate access and services, including telecommunications links.
Thu. FBI will provide the CSO with timely written notice of the suspension.
Access and services will he reinstated only alter satisfactory assurances have
been provided to the FBi by the CIA and C'ontnwlor. Upon termination the
Contractor's records containing CIIRI must be deleted or returned to the CGA.
5.00 Audit
5.01 The F131 is authorized to perform a final audit of the Contractor's systems alter
termination of the Sccurits 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, CCiA, CJ:1 (where applicable), CSA,
and FBI.
6A2'fhe following documents are 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 rebulations.
6.03 The terms set forth in this document do not constitute the sole understanding by and
between the parties hereto; rtabu: they augment the provisions of the C31S Security Policy to
provide a minimum basis liar the security of the system and contained information and it is
understood that there may be teams and conditions of the appended Agreement which impose
more stringent requirements upon the C.onlraolor.
6.041 his Smuttily Addendum may only be modified by the FBI, and may not be modified by
the patties to the appended Agreement without the consent of the FBI.
6.05 All notices and correspondence shall he forwarded by First Class mail to:
Assistant Director
Criminal Justice information Services Division, F13I
1000 Custer Hollow Road
Clarksburg, West \litginia 26306
Apex Systems, LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
Page 10 of 12
FEDERAL BUREAU OF INVEST'IGA'1'ION
CRIMINAL %JUSTICE INFORMATION SE R\TCES
SECURITY ADDENDUM
CERTIFICATION
I hereby eertify that 1 am familiar with the contents of (1) the Security Addendum,
including its legal authority and purpose; (2) the NCIC 2000 Operating Manual; (3) the CiiS
Security Policy; and (4) Title 28, Code of Federal Regulations. Part 20. and ,agree to be
bound by their provisions.
1 recognize that criminal history record information and related data, by its very
nature, is sensitive and has potential 1'or great harp if misused, 1 acknowledge that access to
criminal history record information and related data is therefore limited to the purpose(s) for
which a government agency has entered into the contract meoiporating this Security
Addendum, I understand that misuse o1' 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
reccNed for another purpose other than execution of the contract also constitutes misuse. I
further understand that the occun-ence of misuse does not depend upon whether or not i
receive additional compensation for such nuthotizcd activity. Such exposure for misuse
includes, but is not limited to suspension or Toss of vmplo)ntent and prosecution for state
and federal crimes.
Signature of Contractor Employee Date
Printed or Typed Contractor Employee Name
Sex: Race: DO13: State' I) or DL:
Signature of Contractor Representative Date
Printed or Typed Name of Contractor
Representath e
Organization Name and Representative'sTitle
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Amendment No. 2 to CSC No. 45189
Page 11of12
atory Page
'171e undersigned parties agree that the Security Addendum is now a part of the contract between
the entities, '1'hc parties agree to abide by all requirements of the Securit.r clackokhinz and the
t lls Securio, Policy, and it shall remain in force for the term of the contract. Any violation of
this addendum constitutes a breich of the contract.
1'o the extent there is a conflict between a confidentiality clause in the underlying contract and the
Security Addenchnn an41or the UM Securi(v Policy, the Security Addendum and the MS Security
Pollen shall govent any information covered by the Securit)'Ac%demhrn and/or the. CAS Security
Polley.
('l'o be signed and dated by the vendor and law enforcement agency representative(s) who signed
the original contnet, or at Iedist who have authority to bind each entity.)
Printed Name of Agency Representative
Signature of Agency Representative
Chief of Police
Title
Fort Worth Police Department
Agency Name and C)R1 Date
Printed Name of Vendor (Contractor) Representative
Signature of Vendor (Contractor) Representative Title
Vendor Organization Name Date
Apex Systems LLC dba Virginia Apex Systems, LLC.
Amendment No. 2 to CSC No. 45189
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