HomeMy WebLinkAboutContract 46273-A1 C(,XN1T?ACT NO.
AMENDMENT NO. 1 TO
CITY SECRETARY CONTRACT NO. 46273
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
SCIENTEL WIRELESS, LLC
This Amendment No. 1 ("Amendment") to City Secretary Contract No. 46273 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 Scientel Wireless, LLC, ("Consultant" or "Contractor"), a Delaware
Company and acting by and through Nelson C. Santos, its duly authorized Member and
President, each individually referred to as a "party" and collectively referred to as the
66partles."
RECITALS
The following provisions are true and correct and form the basis of this Amendment:
WHEREAS, on or about December 17, 2014, the parties entered into a Professional Services
Agreement ("Agreement") for professional consulting services for the purpose of the support
and maintenance of the City's ALU MDR8000 Public Safety Microwave and MPLS Network
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.
46273; 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:
1.
Section 27.2 of the agreement shall be modified to read:
"27.2 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
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
form attached hereto as Exhibit "F" and incorporated herein for all purposes." No changes,
�.
modifications. olterations, or amendments shall be made to the Security Addendum. The
document shall be executed as in in the attached Exhibit F. or as subsequently approved by the
Texas Department of Public Safety nr the United States Attorney General.
_
Execution of this Amendment terminates CSC No. 41420-AO-1.
-'
All other provisions of the Agreement that are not expressly amended herein ahoU
remain in full force and effect.
Executed on this the&)—day of ' 2015.
CITY OF FORT WORTH: SCIENTEL WIRELESS, LLC:
S'6san Alanis Nelson C. Santos
As�istant City Manager Member and President
Date: Date:
0 0
fttary
APPROVED AS TO FORM AND
Maledhia B. Farmer
Senior Assistant City Attorney
Contract Authorization:
K8@C: _C'27128__
Date Approved: _12/9/2014_
Soieutel Wireless,LLC
Amendment No. lm CSC No.46273
Page 2vfll
EXHIBIT F
FEDERAL BUREAU OF INVESTIGATI®N
CRIMINAL JUSTICE INFORMATION TI®N SERVICES
SECURITY ADDENDUM
Scientel Wireless,LLC
Amendment No. 1 to CSC No.46273
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Hi I�
ORI
FORT WORTH POLICE DEPARTMENT
A y Ad,It—,
1000 THRQC1 MQPTO1V STREET
FORT WORTH, TX 76102
AtIO11"Y llilka(1110
CHIEF OF POLICE 7�1
flimito
W11110
Cily
P1 RIX Nmllhel
Lrlmll c!ddw's'
Submit hard ccpiesanci any applicant finger priA cards to:
Via LISPS: Via overnight carrier:
Texas Deparbvpnt of"Public Safety Texas Depariment of Public Safety
C,115 Security Orrice%iniorma-11ion Techl-Magy GJi8 Security Office%Information T e(;hnolngy
P C)Box 4143 dSC 214 5P,05 H. Larnar, Bldg. G
,Dustin,TX 78765-4143 Austin,TX 78752
FMail can bC wont to SO CAMA v(20In un
Nbi;l(101,20 IILIIIIIICI-k (512)42.4-56R6
11411-ties may Iltic 11w followill. SQctlril.v Addoildull) N%itb the Te=xas Signatory 1111-0 or, in
their 001111-acl, Choose to incorpornIC 1110 SOCLII'i[V AddOMIUM h\' It* the
Addendum is incorponimt by rof'crerm, into the contract, a copy o1*t1w colltrao'l must be
provided it)the Tx 1711S C.TIS Security Offiee.
Scientel Wireless,LLC
Amendment No. I to CSC No.46273
Page 4 of 11
FEDERAL BUREAU 01"1NY'ES11GA'I'ION
C REMINAI-1T ti�'1C F,INI?OR)L�'F10N�iI•R11-ICFS
SEC UITIA'AI)I38i E1)sUM
Legol Aulhority fbr aaul Pa rpose and Genesis(if the
Security Aaidenthnn
Traditionally, law enroroontent and other criminal justice agencies have been
responsible for the con fidc ill ialily of t1wir information, Accordingly, unlit mid-1999, ills
Code of l:'edcral Regulations Title 28, Poll. 211; subpart C, and the National Crime;
Infommation Center ('v CIC) poliey paper .approved Deeember 6, 1992, rzquired that the
mzm.agemcni and csclt;mgc of Criminal justice inhxmation be purformcd by, a criniinal
justice agency or, in ceatain c-ircumstaaces, by a noncriminal justice agency under tire
ntanageitient control of a et'anlinal justice agettCY.
In light of Cite increasing desire of rovoninienlal agencies to contmot with private
entities to perform administration of criminal justice functions.the FBI souglit,aatd obtained
approval from file 17 6ted Stites Dcpartnaent of Justice(DOJ) to ponnif such privatization
or traditional law enrorce.mettt functions under certain controlled cireumstanoes, In the
Federal Re-istcr or May 10, 1994.the FBI published a Ni otice of Proposed Rutcaraking,
anncwnoing as follows:
1. Access to (i'11W [Cziminal history Record Information] and
Related Infoanaation,Subjoct to Appropriate Controls.by a Private Conttmctor
Pursuant to a Specific Aprcorncnl nilh in Authorized Governmental Auvncy
To Perform an Administration of Criminal .justice Function (Privatization).
Section 33 4 of title 2a of the United States Code authorizes the Attorney
ia`cneral to cxchanLc identification, criminal ldviltification.cruuc. and other
rdcords for[lie offaui:al use of authorized officials or file.federal goverunent.
the states, cities.emit penal and other institutions. This statute also provides.
ltoii�cv r,that such cxch,mgus are subject to cancellation if dissemination is
made outside file receiving deparnuents or related agencies. Agencies
.authorized access to CIRU traditionally have been hesitant to disclose that
information, even in furtherance of auiltorizud eliminsl justice functions; to
anyone other than.actual agency employees test such disclosure be vielved as
unauthorized. In recent y eats, however, goveaaunetatal agencies seeking
greater cfficieney and economy Itava laoeonic owtvasingly interested in
obtaining support setviccs for the adntinistrttion of criminal justice from the
private sector. With the concarizncc of the 113I's Criminal Justice
lnfornation Services (CJIS)Advisory Policy Board,the DOJ has concluded
that disclosures to private-persons and cntitics providing support services for
criminal justice agencies mar,when subject to appropriate controls,property
be viewed as poranissible disclosures ror purposes of contplianc C with 28
U.S.C.5334
We are therefore proposin,to revise 23 CTR 20.33(at)(7) to provide
express authority for such annangetnents.`Ilse proposed authority is similar to
the authority tbal already exists in 28 CFR 20.21(b)(3) ror state:anti IOeal
CHRI sysicats. Proi-ision of CHRI tinder this authority would only be
permitted pursuant to a specific a rucinant iiitln an auuhorized governmental
Scientel Wireless,LLC
Amendment No. I to CSC No.46273
Page 5 of I 1
ae'ency for• the purlrose of providing services for the achninishation of
criminal justice. The a rtvmcnt-would Ile required to incoiporaite it scouritF
addcndrnn approved by the Director of the FBT (acting for the Alturreyy
trencral). The sceurity addondunr would specifically authorize access to
CIIRI, limit the use of fire information to the specific purposes for which it is
being provided, ensure the svQurity and confidentiality of the information
consistent with applicable Igvv,; arrd regulations, provide for sanctions. and
contain such other provisions as the Director of the FBI (acting for the
.lttornuly General) may require, The sccurity addendum, buttressed by
ongoing au dit progrurns of both the 1131 and the sponsoring gover'nmcntat
agency, will provide an appropriate balaneu bctw.ec ri the benefits of
privatization. protcetion of individual privacy inter sFs, and prescrvutiorr of
the security ofthe h'13Ps CI RI Systems,
The FBI wrill develop a security addendum to be made available to
inten�stcd governmental agencies. We anticipate that the security addendum
will include physical and personnel sccurity constraints historically rcquircd
by \CIC security practic;.s and other programmatic requirements, together
with personal integrity and electronic security,provisions comparable to those
in NCI'User Agreements betwl=con the FBI and criminal justice agencies,
arrd in cxistin, Ntana .:mcnt Control Agroonrcnts bctwccn criminal justice
agencies and noncriminal justice governmental entities. The security
at will naukc clear that :access to CHP.I will be limited to those
olTiccrs and employees of tlrc private contractor or its subuontr:actor who
require the information to properly perform services for the sponsoring
gOvcrnmcntal a{ronoy,and than the service provider rntiv not access,modify=,
use, or disscuumrty such information for inconsistent or unaurthorizcd
purposes.
Consistcrtt with such intcnL Title 28 oftlic,Coda of b'cdural Itcgulatiaas(C.F.R.)
was arrmended to read:
20-333 Dissemination of criminal history record inlortilation.
a) Criminal history record infoniratiou contained in the Interstate
Identification Index (III) Sy'stana and the hinterprint Identification
Records System(_FIRS)may be made available:
1) To criminal justice naencies for criminal Jw; icc put-I3oses, which
purposes ,include the sereening of employees or applicants for
Lill pioynretit hived by criminal jtrsticc agencies.
2) To noncriminal justice, governrunntal agencies performing criminal
justice dispatching functions or data Imvicessingtinfamation services
for criminal justice agcncic ;and
3 j To In ivatc contractors pursuant to a specific agreement with an
.agency identified in pararmphs(a)(1)or(ar)(6)of this section and for
the pugiose of providing services for the administration of criminal
justice pursuant to than agreement. 'Fire arereenrent ruust inoolporate rr
security addendum approved by the Mtomcyy General of tine United
Scientel Wireless,LLC
Amendment No. 1 to CSC No.46273
Page 6ofII
Stz3 tv4. which shall Specifically authoaize access to crianiaal history
record information,limit the use of the inrorniation to the purposes for
which it i< provided. ensuri the seeurity and confidentiality of the
information eow iatont Aeith these rognlatiow, provide for Sanctions,_
and contain such other provisions as the 'Vionley General may?
require. The pratQl. and withority of the Attornu Uenertal hereunder
shaill be c:;etvisccl by th FPI Direcior(or the 1�ircctor"s de i��nee)_
'I'Itis Secm-it'v Addendum, tappvnded to and incorporated by rcicrcnce in a
goveatuuenl-prix+ate sector conh•aet entered into for such puapose, is iaaiendYd to insanz t-taut
the benefits of priv=atization arc not :attained with any aoeeanpanying degradation in the
security of the national m-stzan of criminal records accessed by the conh-aoting private
party. This Security Addearduin W(h%;,sscs both concerns for personal inte-ity and
cicctronic security which have been addressed in prcviously e-,eculcd user agreemcnls and
management control agmmnents.
A govat�inieut agency tutay priv�atiza Iiutetians traditionally perRmned by criminal
justivn a,enciw (or noncriminal justice agencies acting under a mauacnieait control
agreement), subject to the loins ol*this Security addendum. If privatized, access by a
private contractor's personnel to NCI£? data and olber CJIS information is restricted to
only that t wcessary to per or it Ow privatized (asks consistent with thw govwnimwtit
a,cnc)"s function and the focus ol-the Contract. It privatized the contractor may not
accc,4 fi. modil'v, use or disscintnatc such data in ally'manner not xpressf`authorized by
the government agency-in Consultation kvith the FBI.
Scientel Wireless,LLC
Amendment No. I to CSC No.46273
Page 7 of I 1
FED11"RA .PIIIIEAU 01+ej'vTk'F'ftFA'IIO.N,
CREMINAL R,'S'I'ICE INFOIL_ 'I1O.N'SERVICES
SECURITY AIII)I+NIii:l:I
The goal of this doetmicnt is to at emerit tlrc C.11S Socurity Policy to ensure adequate
scourity is provided for crintinai jnstiuc systams while(l)under the control or manaecnlcnt of
a private ontity or('2)connectivity to FBI CAS Systems has been provided to a private entity
(contractor). Adequata sown-ifv is defined in Oflice of\[anagemenl and Budget Circular A-
1 0 as"security cont Ill cnsuratc with the risk and maSnitridc of harun resulting from the loss_
t lisus4.i?i'tlnalt1lharl'l.00i atiCOSS to ornlodifioation orinfornlation."
`Che intent of this Security Addendum is to require that the Contractor maintain a
sccurity progt.vin consistent with laderal and state lags,rcgulations,and standards Oncludiny
tine CAS Security Policy in effect vyhen the oontr:act is execute(l),as-,yell as with policies and
standards 4stablished by the Criminal Justice bnfannatiao Sere ice (C tIS) .4dc-isot=y Paliay
Board(APB).
This Security Addendumu identifies the duties anti respon5ibihfies with aspect to tine
installation and nnaintenancc of adequate internal controls cyithin the contractual relationship
so that tine security rand intc!wity of the FRl'i information rscxrrecs are not coulprotnlised_Th:;
security program shall include consideration of personnel security. site security. system
sccmitv and data security,and technical seourity.
The provisions of this Security:lddendmn apply to all personnel, systenms,netw=orks
and support facilities supporting and%or acting on behalf of the governnent agency.
1.00 Definitions
1.01 Contracting Government Agency(CC A)- the government a_==ency,whether a Criminal
Justice Agency or it \ioncrinlillal Justice A4encv, ,Nbich cnttirs into an agrcemcnt N01-I .r
private.Contractor suliiect to this Security Addendum.
1.112 Con(r actor- n private btv iness.. oreani?.ation or individual whiuh hits enteroti into an
agacvr nt Par the administration of criminal justice vcitlt a Criminal Justice :1,5c icy or a
Noncriminal Justiee.Agency.
2.00 Responsibiliti s ofth:Contracting GoverinuclttAgency,
2.01 The CCIA.will ensure that each Contractor eniployee receives a copy- of the Security
Addenchtm and the CJI:S Sccnrity Policy and eseeutes an acknowledgment of such rceeipi
and the contents of the Sceunty Addendurn.The sib Jed acknowledgments shall remain in tilt
possession ofthc C.UA and available for audit purpose.
3.O0 P.esponsibilitics of tiro Contractor.
3.01 'Che Conlraalor will maintain a secmily program consistent with fsderal and stale laces,,
re;ulations, and standards(including the CiIS Security Policy in effect when [lie contract is
uxeculed), as well as cc'ith policies and sinridarcts established by the Criminal Justice
Information Services(CJIS)Advisory Policy hoard(APB).
4.00 Security-Violations.
=1.01 The CGA roust report security violations to the CJIS Systems Officer(CSO)and tine
Director,111.M along wills indications ot'actions taken by the(7GA and Contractor,
Scientei Wireless,LLC
Amendment No. 1 to CSC No.46273
Page 8 of I I
.1.02 Security violations can justih'termination of the appended agraemefit.
4M3 Upon notification,the I BT reserves the ii�,Iit to:
a.Investigeie or decline to inccstigate amp report of unautI o ized use;
b. Susgpcnd or tertninah; access and services, irreiudim,tolocommnnications linke.
The FBI will provide the CSC) \cith timely written nolicc of the suspension.
Acccss and services will be reinstatc:cl oniv aller satisfirotvu assurances have
been provided to the FBI by the CJA and C;ontrtietor, Upon termin:rtikin,Ilse
Contractor's records containing,CHRI must be dvivicd or rcturilad to rho CU a.
5.00 Audit
5.01 1'he FBI is authorized to perform a final audit of tiro Controotor•'s systenls after
terininati0tr of the Security Addendum.
6.00 Scope rind:Authority=
6.01 'Phis Seeurity Addendum doe,not 001601•,oraiit,or authorize amI rights,priviicgcs,or
obligations on arty persons other then fire Contractor.Ctr,!1.t FA(wheiv ahhlicab1c).('S,,\,and Fill.
6.02-The follo xin;4 documents are incorporated by 1,;1<>rtin4v and made part of this
-werne.nt:(1)ilre Security Addendw-w.(2)the NCIC.2000 Operating Nlanual-(3)the CJIS
Sccuritv Poliev,and(4)Title 28,Code of Federal Rep�ulations,l'at•t M.The parties are also
sulljQQt to applicable federal and swtu law"i and regutotions.
6.03 The tenns set forth in this document do not constitute the sole understanding by and
bc;tnvcvn the parties hurato;rather Ilrcy augment the provisions of Qrc CAS Security Polioy to
provide a minimum basis fin•the security ofihe system and contained information and it is
understood that there-may he terms and conditions of Ore apperuted Agivement which impose
more sbingent requirements upon the Contractor. Y
6.04 This Security addendum may only-be modified by the Ftii.and pray not be modified by
the parties to the appended_1�p-cemcnt without the consent of the 1-131.
6.05 All notices and correspondence shall be forwarded by First Class mail to:
iAssistant Director
Crinihral Justice Information Scr=ices Division,Fill
1000 Custer Hollow Road
Chu•ksburo; West Virginia 26306
Scientel Wireless,LLC
Amendment No. 1 to CSC No,46273
Page 9 of i l
h'L;DERAL M.RE-k 7 OF INV_F•;S`i C TIf)rN
f'REVITNAT.RISTIC ,1NF'f3kM,k'C'I() S11,1Z 7 IC'1?.9
SECURITY ADDENDUM
CIsI:'I1FICA'l'.ON
I hereby certify that 1 am familiar- with, Ihu conceals of(1)tllc Seenrity Addendum,
including its lcaal authority and pury+osc;(2)the NCIC 2000 Operating Manual. (3)the C.)IS
$Qcurity Policy; and (4)Titt, '2& code of Federal Rcaulations. Part 20, and agucu to be
hound by their provisions,
I rt;cognizQ that criminal history rct:ord int<mnation and related data, by its p'el't'
nature.is s:snsitivu and has potential for,real harm if misused. I acknowledge that access to
criminal history record infornnation and related data is therefore limited to the purposes)for
which a governm;rnt agency has entered into the contract incogrnrating this Seeurity
Addendum_ I undv-ritand that misuse of the sysCem by, anion, other things- aecessinir it
without authorization.,accessing it by exeeedina authoiration: accessing it for our improper
purpose: using.. disscnrinatina or no-dissonninatins information roccived as a risult of this
contract for a purpose other than that envisioned by the contract, may subject Inc to
adminishative and criminal penalties. I understand that acccssinL the system for all
appropriate pur3row and then using. disseminating or re-disscnlinat ill g the information
rccc;ivQd for arnotIter purpose other than execution of the ooutraot al+o colstitutos nnisusc, I
further understand that the occurrence of misuse: does not delx:nd upon x1idlier or not I
reccive additional crnnlrensation for such authorized activity. Such exposure for misuse
ineludcs. but is not limited to,suspension or loss of employment and prosecution for state
and federal crimes.
Signature of Contractor Einployoe Date
Printed or Typed Contractor Employee Name
S4ti: Race: DO M: StateflD or DID.
Si,nature of Contractor Izepresentative Date
Printed or Typed Nance of Contractor
Representative
0i,,anization Name and Ropresentartive's Title
Scientel Wireless,LLC
Amendment No. I to CSC No.46273
Page 10 of 11
Texas Signatory Page
the nndcrsigru;d parties a_rcc that the is now a pat of tliv contract GcLwcan
!hc cntitics. 'llac parties a_==rce to abide by alt ruluircmonts of the and the
CIlSSe.auits i'ulic}>tanci it shall remain in lizree for i6a Lena of the contract. Anv vivlatiun of
this add;ndunr constitutQs a broach of llw contract.
To the extent there is a conflict N: tveeen a coailidentiality clause in the underl}ping contract and the
sar?1-411,4delen(hunr an(For the vPolu".y.file and the cil"S&cC:urity
Fvl�v shall govern anti inlinnuirtion cctvcacd tvG the-e r,lla=rlddrrxlnnl an(U'Ur ttrc C✓18 SUcarrill:
('1'o he siglual and datsd by tis vendor and lane anrorcoment agency representative(s)who signed
the original contract,or at Icast who have authority to bind each entity)
Printed Name of A,,Qncy RcpresuntativQ
Chief of Police
Shmature.ofAgQncv Rcpr(;svniativc Titt4
Fort Worth Police Department
Agency Nana and ORI Datc
— -..----------------------------------------------------------------------------
I'rinh:d Nance of Vt mlor(Contractor)Reprceoanativu
Signature of Vendor(Contractor)P.epr-sent:ative Title
Vendor Omani7ation\ame Date
Scientel Wireless,LLC
Amendment No. 1 to CSC No.46273
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