HomeMy WebLinkAboutContract 46273-A1 (2)•
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CONTRACT NO
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CM( S?CRV T A` Y CONTRACT NO. 4,,6273
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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 horne rule municipal corporation situated in portions of Tarrant, Denton,
and Wise Counties, Texas acting by and through Susan Alan's, its duly authorized Assistant
City Manager, and Scoen D Wirelless, L I,C, ("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 "pally" and collectively referred to as the
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RECH1AILS
The following provisions are true and correct and forrn the basis of this Arnendrnent:
WIH REAS, 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, THEIRS RE, for good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the City and Consultant agree as follows:
Section 27.2 of the agreernent 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 Enforcernent
Telecommunications Systems ("[LETS"), 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 witn 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,
OFFICIAL RECORD
CITY SECRETARY
PtVVQRTH1 TX
modifications, alterations, or amendments shall be made to the Security Addendum. The
document shall be executed as is in the attached Exhibit F, or as subsequently approved by the
Texas Department of Public Safety or the United States Attorney General.
2.
Execution of this Amendment terminates CSC No. 41420-AD-1.
3.
All other provisions of the Agreement that are not expressly amended herein shall
remain in full force and effect.
Executed on this the
COPT OF FORT WOR.T
1dayof eiCalt- , 2015.
0
By:. f\i
Susan Alan's
Assistant City Manager
Date: je I Ci
oAPn " V f AS TO FORM AN
\9
3
Males is B. Farmer
Senior Assistant City Attorney
Contract AL
thorizat ona
M&C: C-27128
Date Approved: 12/9/2014
Scientel Wireless, LLC
Amendment No. 1 to CSC No. 46273
Page 2 of 11
SCijI=tk fl lic; Vi lii'4N,E ES, 11 D .Ca
B y . �1� Orn.�42,,g_<ok ( 1nA/
Nelson C. Santos
M srnber and President
Date: 0
r5
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
EXHIBIT F
FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY t\ IDENDUM
Scientel Wireless LLC
Amendment No. I to CSC No. 46273
Page 3 of 11
Agency . den!i jicalion
Agency Name
FORT WORTH POLICE DEPARTMENT
Agency AtIcItr-:y
1000 THROCKMORTON STREET
coy
FORT WORTH. TX
,\cje:c:y Representative (Title and Nome)
CHIEF OF POLICE
i'ir alt> Nun txyr
E:rlittii address
c onl t'aci of idePNi flc Chi l on
c:atrll;clny Homo
company Adc Ness
Conhctt for Representative ([Inc and Name)
Phone M minor
c_rti�ttl Ctidress
I;rx 1�'.imi!“ r
Fctx NU11k,( r
Submit hard copies and any applicant tiger print cards to:
Via LISPS:
Texas Department of Public Safety
CJIS Security Office X Information Technology
P O Box 4143 MSC 214
Austin, TX 78765-4143
ORI
Lip
i76102_
Sic r!(, /if
1
Via overnight carrier:
Texas Department of Public Safety
CJIS Security Office X Information Technology
5805 N. Lamar, Bldg G
Austin; TX 78762
Entail can he sent to: Security.Committectc'itxdns.statc.tx.us
in in office number is: (512) 4 ,t-56i`)
Parties may use the following Security .Addendum %situ the Texts Si nalory Page or, in
their contract, choose to incorporate the Security Addendum by reference. 11 the
Addendum is incorporated by reference into the contract, a copy of the contract must be
provided to the TX DPS CJIS Security Office.
Scientel Wireless, LLC
Amendment No. 1 to CSC No. 46273
Page 4 of 11
11;f➢1:1 AL, BUREAUfi3'L•:S1'[C)2-TON
„:JUSTICE INF()
S1sC.1T1t1`1'1' ADDENDUM
ur''sis for' ant[ 1'tar'pose and (=euesis af'the
CnttnnD
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 23, Part 20, subpart C, and the National Crime
Information Center (NC IC) policy paper approved December 6., 1982, required that the
nianagc.m nt and exchange of criminal justice information he performed by a criminal
justice suunoy or. in certain circumstances, by a noncriminal justice agency tinder the
management control of a criminal justice agency.
In light of the increasing desire of governmental agencies to conmet with private
entities to perforn administration of criminal justice unctions. the FB1 sought auct obtained
approval from the tinitcd Stator Department of Justice (DCJ) to permit such privatization
of traditional lacy enforcement lunclions tinder certain controlled circumstances. In the
federal Resister of Nfav 10. 1999. the FRI published a I•:t tice of Proposed Rulemakin»,
announcing as follows:
1. Access to P1IRI [Criminal history Record Information] and
Related Information_ Subject to Appropriate Controls. by a Private Cont actor
Pursuant to a Specific Agreement with an authorized Uoyermnental :\_cite}'
To Perform an Administration of Criminal Justice Function (Privatization).
Section 534 of title 28 of the united States Code authorizes the tt iatcy
General to exclt:mue identification, criminal idcntificalion, crime. and other
records for the nffieial use of nuihorir.ed ollicials of the .federal zovemmeut.
the stales, 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. Ageneies
authorized access to CI MI traditionally have been hesitant to disclose that
information. even in furtherance of authorized criminal justice functions, to
anyone other than.actunl kinetic): eutplo)ees lest such disclosure be viewed as
unauthorized. In recent yens, hove erg governmental agencies seeking
greater efficiency and economy have become inereasin+ly interested in
obtaining support senV1ces for the administration of criminal _justice from the
private sector. With the concurcnce of the Pi3['s Criminal Justice
Information Services (CMS) Advisory Policy Board_ the D0.I has concluded
that disclosures no private persons and entities providing support services for
criminal justice agencies may, then subject to appropriate controls. properly
he viewed as gx:nnissiblc disclosures for purposes of eompliance frith 23
U.S.C. 534.
are therefore proposing to revise 28 CFR 20. 11(a) (7) to provide
express authority for such arrangements. I1re proposed authority is similar to
the :authority that already exists in 23 CFR '0.21(b)(3) for state and local
CI-IRI systems. Provision of C1II2I under this authority would only he
permitted pursuant to a specific agreement with an authorized governmental
Scientel Wireless LLC
Amendment No. 1 to CSC No. 46273
Page 5 of 11
agency for the purpose of providin & services for the administration of
criminal justice. The agreement would he required to incorporate a security
addendum approved by the Director of the. FBI (acting for the Attorney
General). Fite security- addendum would specifically authorize access to
C1-11:1. limit the use of the information to the specific purposes for Vkiitch it is
being pros ided, ensure the se:twits- and confidentiality of the information
consistent n-ith applicable laws and regulations. provide for sanctions, and
contain saeh other provisions as the Director of the FBI (actin_ for the
_Attorney Genet rl) may require. The security addendum, buttressed by
ong,oinit audit programs of both the 1.13I and the sponsoring governmental
agency. will provide an appropriate balanec between the benefits of
privatization protection of individual privacy interests, and preservation of
the security of the FBI's CIIRI systems,
The F111 will develop a security addendum to be made available to
interested governmental agencies, \Ve anticipate that the security addendum
will include physical and personnel security constraints historically required
by NCB' security' practices and other programmatic requirements, together
with personal integrity and electronic security provisions comparable to those
in «!CIC" User Agreements between the FBi and criminal justice a=cncics,
and in existing. \dana cnrerrt Control Agreements between criminal justice
agencies and noncriminal justice governmental entities. The security
addendum WI II make clear that access to C'HRI will he limited to those
officers and unployces of the private contractor or its subcontractor who
require the information to properly perlbnn services for thc sponsorin
noverrmemai agency, and that the service provider rnav not access, modify,
use, or disseminate 4uclr information for inconsistent or unauthorized
Imrjr os es.
Consistent with such intent, Tido ZS of the Code o£Fedc:ril Regulations (C.F,IR.)
was amended to read:
0.3_ Dissemination of eriminul history record information.
a) Criminal history record inlbnnation contained in the Interstate
Identification Index (Ill) System and the Fingerprint Identification
Records System (FIRS) my be made available:
I) 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. in formation services
tier criminal justice agencies_ and
3) To private contactors pursuant to a specific agreement with an
agency identified in parngniplis (a)(1) or (a)(6) of Ibis section and for
the purpose of providing, services for the administration of criminal
justice pursuant to that a,•reement. The tgreemeut must incorporate n
security addendum approved by the Attorney General of the United
Scientel Wireless LLC
Amendment No. 1 to CSC No. 46273
Page 6 of 11
States. which shall specifically authorize access to criminal history
rccold information. limit the use of the information to the purposes for
which it is provided, ensure, the security and confidentiality of the
information consistent ccith obese regulations. provide for sanctions,
and contain such other provisions as the Attorney General may
require. The per«cr and authority of the Attorney C.ieiieral hereunder
shall be cxwrciscd by the FBI Director (or the Directors dcsigncc).
MI5 Security ,Addendum. appended to and incorporated by rc.tirenee in a
itovenrwelit-private sector contract entered into for such pnrpos .. is intended to insure that
the benefits of privatization arc not attained with any accompanying dcgtadation in the
security of the national system of criminal records accessed by the contracting private
party. This Security Addcnduln addresses both concerns for personal integrity and
electronic security which time been addressed in previously executed user agreements and
maniteement control aureements.
_L government agency may privatize functions traditionally performed by criminal
,just1cc agencies (or noncriminal justice agencies acting t1111hd a management Celllrol
agreement), subject to the tons of tliis Security Addendum. II privatized, access by a
private contractor's personnel to \CIC data and other CiIS information is re.siricted to
only that necessary to perform the privatized tasks consistent with thr govetiuucnt
agency's function and the Focus of the contract. If privatized the ciniraelor may not
aC4CSs, MOW ly, tise or dissen 111ltc such data in any manner not expressly authorized by
the govemnl4nt agency in consultation with the Fill.
Scientel Wireless, LLC
Amendment No. 1 to CSC No. 46273
Page 7 of 11
I)IE:ItAI, I't'RI::41' (31i 1 E 3'FI(r_;'1'I(J:N
('14I fIl `:°rig I C S'['I('l I `l €)lt_%L UIO\i SERVICES
:ilt,('t:ti.ITV AI) E' 1)172J
'the goal of this document is to augment the CJIS Security Poliev' to ensure adequate
sucurit ' is provided for criminal justice systems whi10 (1)under the control or management of
a private entity or (2) connectivity to F111 C.IIS Systems has been provided to a private entity
(contractor). Adequate security is defined in Office of [anagentent and Budget Circular A-
1 =0 as "security commensurate with the t isk and magnitude of ham) resulting from the loss_
misuse. or uttdlithi riZcd access to Ot modification of information.
The intent of this Security Addendum is to require that the Contractor maintain a
security program eonsistett with federal and state Iaws. regulations and standards (including
the CAS Security Policy m effect when the contract is executed), as well as with policies ,Ind
standards established by the Criminal RIstice Infurtinntiou Services (CTIS) Advisory Policy
Hoard (APi3).
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 FR1's information resources are not compromised. The
sccmity program shall include consideration of personnel security, site security, system
sce nits-_ and data seem ity, and technical scemity.
The provisions of this Scourity Addendum apply to all personnel, systems, networks
zinc' support facilities supporting; and"or acting on l chali of the government agency.
1,0t)Definitions
1.01 Confronting Uoycrnutenl Agency tC('A) - the govenuneat agcnoy. whether a Criminal
Justice Agency or a Noncriminal Justice Agency, which oaten into an agict.meut 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 :I Criminal Justice Agency or a
Noncriminal Justice ,\t'cne)g.
2.00 Responsibilities of the Contracting (3oyet7nnent Agency.
2.01 The CGA will ensure that each Contractor employee receives a copy of the Security
Addendum and the CJIS Security Policy and exeedcs an acknowledgment of suck receipt
and the contents of the Security addendum. The signed acknowledgments shall remain in the
possession of the C(i:1 and availably for audit purposes.
3.00 Responsibilities of the Contractor.
3.01 The Contractor will in tint:rin a secunty program consistent w ill .federal and stale laws,
regulations, and standards (including the C'JiS Security Policy in effect when the contract is
executed). as well as with pol1uies and standards established by the Criminal .lustiee
Informal ion Services (CJIS) Advisory Policy l3onrd (A.PI3).
4.00 Security Violations.
4.01 The COA must report security violations to the C.IIS Systems Officer (CSC:)) and the
Director, I'131, along with indications of actions lateen by the CC.A and Contractor.
Scientel Wireless LLC
Amendment No. 1 to CSC No. 46273
Page 8 of 11
-1-402 Security violations can justifi termination of the appended agreement.
4,03 Upon notification. the 1131 reser\es the right to:
a. Iuvestittate or decline to invcsligatc any report ofunauthorized use:
b. Suspend or terminate access and services. including telecommunications links.
I'Ite F131 will provide the CSO with timely written notice of the suspension.
Access and services will be reinstated only after satisfactory assurances have
been provided ided to the nil by the t:JA and Conte cloy, Upon t rnip:Mon the
Contruetor's records containing Ct1R1 must be deleted or returned to the COA.
5.00 \udit
.01 The Finis authorized to perform a tonal audit of the Contractors systems after
termination of the Security :\ddendunt.
6.00 Scope and Authority
6.01 'This Security Addendum does not confer_ grant. or authorize anv rights, privileges_ or
obligations on any persons other than the Contractor. CGA. t.".J.\ (where applicable). CSA,
and FBI.
6.02 The following documents arc incorporated by 1cicrvncc and made part of (his
agreement: (1) the Security Addendum; (2) the `ICI(_' 2000 Operating Manual; (3 ) the t`JIS
Security Policy; and (4) Title 2S_ Code oi'Fedcral Regulations_ Part 20. The parties are also
subject to applicable federal and state law s and rc.untnlions.
6.03 The terns set forth in this document do nut constitute the sole unclerstanding by and
between the parties hereto; tallier they augment the provisions of the CJIS Security Policy to
provide a minimum basis for the security of the system and contained inlonnalion and it is
understood that there may be teens and conditions of the appended AgreemLin ( which impose
1110N stnn`!ent requirements up011 the Contractor.
6.04 This Security Addendum may only be modified by the P131. and may not he modified by
the parties to the appended Agreement without the consent of the HU.
6.05 All notices and correspondence shall be t'onvardeci by First Class mail to
Assistant Director
Criminal .Justice Inti)rmati )n Services Division. PH1
1000 Custer Hollow Road
Clarksburg. West Virginia 263(16
Scientel Wireless LLC
Amendment No. 1 to CSC No. 46273
Page 9 of 11
I;i)E[(A .,.Bt:RIOF IN a't;;`1`Ie;:1TIOiN
('R1'ti'1'1C CNFORlIA'C'If)°r St?k\'ICn:,
SE(U1t1'1'% ril)C)FNC
CERN h,CATION
I hereby certify that 1 aim familiar %%ith the contents of 0) the Security Addenduua,
including its legal authority and purpose: (2) the NCR' 2000 Operating \I.anual; (3) the CMS
Security Policy; and (4) fitic 28, Code of Federal Rcutdations. Part 20, and agree to bc.,
bound by their prods ions,
I recognize that criminal history record information and related data, by its very
nature, is sensitive and has potential for :?reat harm if misused. 1 acknowledge; that access to
criminal history record information and related data is therefore limited to the putpose(s) for
which •a government agency has entered into the contract inetnj»rating 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 pcnaltik.s. I understand that accessing the system for an
appropriate purpose and that using disseminating or re -disseminating the information
received for another purpose other than execution of the contract also constitutes misuse. I
finrher 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 Con et 13mployee Date
Printed Or Typed Contractor Employee N:uate
Sex: Race: DOB: State:II) or DL:
Signature. of Contractor Representatn•e Date
Printed or "Typed Nance of Cont
Representative
Organization Nance and Representatizc's'fitic
Scientel Wireless LLC
Amendment No. 1 to CSC No. 46273
Page 10of11
7•esns Sign:ats>a•r
The undersigned parties agree that the Sccr:r1n':4:ldktn(htnr is now a pact of the contract between
the entities, The parties agree to abide by all requirements of the Secu'ttf•acfc(ern.furJJ and the
i :11> Seca, rity Pu/fear. and 11 shall remain in force for the tern of the contract.Violation of
this addendum constitutes a breach of the contract
To the extent there is a conflict between a confidentiality clause in the tuiderlyinu contract_andthe
,yecau'JfPrlddendum ardor the(.;1IS Sccurif' I'olt F. Ihc• 1e.icurJil'•:1(/(%Cti(i3!Jf Intl the (,/ Jt'(•'JJriiv
Pvli + shall gut em any information uoyercd by the. e'efe;7/v: IdalCencb(rn anct`or tk.. (. ILS Securin
Policy.
('I•o be signed and dated by the vendor and law enforcement agency representative(s) who nod
the on uinal contract, or at least who have authority to hind each entity,)
Printed Nate of AaenR
Pt
eutative
Signature of Agency Representative
Chief of Polies
Title
Fort Worth Police Department
Agency Name and ORI Date
Printed Name of Vender (Contractor) Represcnlative
Signature offendor (Contractor) Re1n'esentative Title
Vendor Organization Name Date.
Scientel Wireless LLC
Amendment No. 1 to CSC No. 46273
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