HomeMy WebLinkAboutContract 34842-A1 i
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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