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AMENDMENT NO. 2 TO
CITY SECRETARY CONTRACT NO. 45121
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF FORT WORTH
AND
TEKSYSTEMS, INC.
This Amendment No. 2("Amendment") to City Secretary Contract No. 45121 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 TEKsystems, Inc., ("Consultant" or "Contractor"), a Maryland corporation
and acting by and through TJ Callan, its duly authorized Senior Manager of Operations, 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 November 13, 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. 45121; and
WHEREAS, on or about September 16, 2014, the parties subsequently amended the
Agreement via City Secretary Contract No. 45121-A1, 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. 45121-AD-1
which was incorporated into the Agreement (the "Addendum"). City Secretary Contract Nos.
45121, 45121-A1, and 45121-AD1 are hereby collectively referred to as the ("Agreement"); and
WHEREAS, the Agreement provided an Initial term expiring September 3, 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.
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NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the City and Consultant agree as follows:
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APPROVED AS TO FORM AND
Maleshia�B. Farmer
Senior Assistant City Attorney
Contract Authorization:
M&C: G26551
Date Approved: _11/5/2013_
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
Page 3 of 12
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OFFICIAL RECORD
CI'TY SECREiARY
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Agency Identiftcation
Ac�ency Name ORI
FORT WORTH POLICE DEPARTMENT
Agency Address
1000 THROCKMORTON STREET
City Zip
FORT WORTH TX 76102
Ayency Representative (Title and Name)
CHIEF OF POLICE
Phone Number Fax Number
Email address
Contractor ldentification
Company Name
Company Address
Ciiy State Zip
Confractor Representafive �tle and Namej
Phone Number Fax Number
Empil address
Submit hard copies and any applicant finger print cards to:
Via USPS:
Texas Department of Public Safety
CJIS Security Office \ Information Technology
POBox4143MSC214
Austin, TX 78765-4143
Via overnight carrier:
Texas Department of Public Safety
CJIS Security Office \ Information Technoiogy
5805 N. Lamar, Bidg. G
Austin, TX 78752
Email can be sent to: Securitv.Coimnittee(ait�dps.state.tx.us
Main office number is, (512} 424-5686
Parties may use the following Security Addendiam with the TeYas SignaYory Page or, in
their contract, choose to incoiporate the Security Addendum by reference. If the
Addendum is ulcorporated by reference into the contract, a copy of the contract must be
provided to the TX DPS CJIS Security Office.
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
Page 5 of 12
FEDER:�L BUREAU OF IIV��STIGATION
CRINIINAL JUSTICE INFORNIATION SERVICES
SECURITY �DDENDUM
Legal Authorit,y for and Purpose and Genesis of the
Security Addendum
Traditionally, la�v enforcement and other ciiminal justice agencies have been
responsiUle for the confidentiality of their information. Accordingly, until mid-1999, the
Code of Federal Regulations Title 28, Part 20, subpart C, and the National Crune
Information Center (NCIC) policy paper approved December 6, 1932, required that the
management and eschange of criminal justice information be performed by a cruninal
justice agency or, in certain cu-cumstances, 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 perfoim administration of criminal justice functions, the FBI sought and oUtained
approval from the United States Department of Justice (DO� to peruiit such privatization
of traditional law enfoiroement funotions under certain controlled cu-cumstances. In the
Federal Register of Niay 10, 1999, the FSI published a Notice of Proposed Rulemaking,
announcing as follo�Ns:
1. Access to CHRI [Criminal History Record Information] and
Related Infoimation, Subject to Appropriate Controls, by a Private Contractor
Pursuant to a Specific Agreement with an Authorized Governmental Agency
To Pei%rm an Administration of Criminal Justice Function (Privatization).
Section 534 of title 28 of the United States Code authorizes the Attotney
General to eachange identification, cruninal ident�cation, crime, and other
records for the official use of authoiized officials of the federal goveinment,
the states, cities, and penal and other institutions. This statute also provides,
however, that such e�changes are subject to cancellation if dissemination is
made outside the L�eceiving departments or izlated agencies. Agencies
authoi7zed access to CHRI traditionally have been hesitant to disclose that
infoimation, even in furtherance of authorized criminal justice funations, to
anyone other than actual agency employees lest such disclosure be viewed as
unauthoiized. In recent yeats, however, governmental agencies seeking
greater efficiency and economy have become increasingly interested in
obtaining support seivices for the administr-ation of criminal justice from the
private sector. With the concurrence of the FBI's Criminal Justice
Information Seivices (CJIS) Advisory Policy Board, the DOJ has concluded
that disclosures to private persons and entities providing support seivices for
criminal justice agencies may, when subject to appropriate controls, properly
be vie�ved as peimissible disclosures for purposes of compliance with 28
U.S.C. 534.
We are therefore proposing to revise 28 CFR 20.33(a) (7) to provide
express authority for such anangements. The proposed authority is similar to
the authority that already exists in 23 CFR 20.21(b)(3) for state and local
CHRI systems. Provision of CHRI under this authority �vould only be
pennitted pursuant to a spec�c agreement with an authorized governmental
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
Page 6 of 12
agency for the purpose of providing seivices for the administration of
criminal justice. The agreement would be required to incoiporate a security
addendum approved by the Du-ector of the FBI (acting for the Attorney
General). The security addendum would spec�cally authorize access to
CHRI, limit the use of the inforrnation to the specific purposes for which it is
being provided, ensure the security and confidentiality of the information
consistent �vith applicable la«s and regulations, pirovide for sanctions, and
contain such other provisions as the Du•ector 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 governuiental
agency, ��ill provide an appropriate balance between the benefits of
privatization, protection of individual privacy interests, and pi�servation of
tlie security of the FBI's CHRI systems.
The FBI will develop a security addendutn to be made available to
interested govec7unental agencies. We anticipate that the security addendum
wiil include physical and personnel security constraints historically required
by NCIC security practices and other programmatic requu�ements, together
�vith peisonal integrity and electronic security provisions comparable to those
in NCIC Usei• Agreements behveen the FBI and criminal justice agencies,
and in existing Management Control Agreements Uet�veen criminal justice
agencies and noncriminal justice govemmental entities. The security
addendum �vill m�ke clear that access to CHRI will be limited to those
officers and employees of the private contractor or its suUcontractor who
requu-e the information to properly pei%rm setvices for the sponsoring
goveintnental agency, and that the seivice provider may not access, modify,
use, or disseminate such infoLmation 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 infox-mation.
a) Crunuial history record infonnation contauied in the Inteistate
Identification I�ideY (III) System and the Fingetprurt Identification
Records System (FIRS) may be made auailable:
1) To criminal justice agencies for cruninal justice puiposes, which
puiposes include the screening of employees or applicants for
employment hued by criminal justice agencies.
2} To noncriminal justice governtnental agencies performing criminal
justice dispatching functions or data processing/information seivices
for cruninal justice agencies; and
3) To private contractors putsuant to a specific agreeinent with an
agency identified in paragraphs (a)(1) or (a)(6) of this section and for
the puipose of providing seivices for the administration of criminal
justice pursuant to that agreement. The agreement must incorporate a
security addendum approved b}� the Attomey General of the United
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
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States, which shall spec�cally authoi7ze access to cruninal history
c-ecord information, limit the use of the information to the purposes for
�vhich it is provided, ensure the secuiity and confidentiality of the
infonnation consistent �vith these regulations, provide for sanctions,
and contain such other provisions as the Attorney General may
i�equire. The power and authority of the Attoiney General hereunder
shall be exercised by the FBI Director (or the Director's designee).
This Security t�ddendum, appended to and incotporated by reference in a
government-private sector contract entered into for such puipose, is intended to insure that
the benefits of privatization ai� not attained �vith any accompanying degradation in the
security of tlte national system of criminal i�cords accessed by the contracting private
pat-ty. This Security Addendum addresses both conceins for personal integrity and
elech•onio security which have been addressed in previously executed user agreements and
management control agreements.
A government agency may privatize fiuictions traditionally pet%nued by criininal
justice agencies (or noncriminal justice ageucies acting tmder a tnviagement control
agreeinent), stlbject to the tenns of this Security Addendum. If privatized, access by a
private cont�•actor's personnel to NCIC data aud other CJIS infonnation is restricted to
oniy that necessary to perfonn the privatized tasks consistent with the government
agency's function and the focus of the contract. If privatized the contractor may not
access, modify, use or disseininate such data in any manner not eYpressly authorized by
the government agency in consultation with the FBI.
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
Page 8 of 12
FEDERAL BUREAU OF INVESTIGATION
CRIMINAL, JUSTICE INFORNIATION SERVICES
SECURITY ADDENDUM
The goal of this document is to augment the CJIS Security Policy to ensure adequate
secutity is provided for criminal justice systems �vhile (1)under the control ot• management of
a privata entity or (2} connectivity to FBI CJIS Systems has been provided to a private entity
(contractor). Adequate security is defined in Office of 1�Ianagement and Budget Circular A-
130 as "secuiity commensurate �vith the risk and magnitude of hartn resulting fi-om the loss,
misuse, orunauthorized access to ormodification of inforuiation."
The intent of this Security Addendum is to requue that the Contractor maintain a
security program consistent with federal and state la�vs, regulations, and standards (including
the CJIS Security Policy in effect when the contr-act is executed), as �veil as with policies and
standards established by the Criminal Justice Information Seivices (CJIS) Advisory Policy
Board (APB).
This Securitp Addendum ident�es the duties and i�esponsibilities with respect to the
installation and maintenance of adequate internal controls �vithin the contractual relationship
so that the security and integrity of the FBI's infonnation resources at� not compromised. The
seourity program shall include consideration of peisonnel seourity, site security, system
secut7ty, and data security, and technical secuiYty.
The provisions of this Security Addendum appiy to all personnel, systems, net�vorl;s
and support facilities supporting and/or acting on behalf of t$e goveinment agency.
1.00 Defuiitions
lAl Contracting Govenvnent Agency (CGA) - the goveinment agency, whether a Cruninal
Justice Agency or a Noncriminal Justice Agency, which entets into an agreement with a
private contractor subject to this Security Addendum.
1.02 Contractor - a private business, organization or individual �vhich has entet-�d into an
agc�ement for the administration of civninal justice with a Cruninal Justice Agency or a
Noncruninal Justice tlgency.
2.00 Responsibilities of the Contr-acting Government Agency.
2.01 The CGA will ensure that each Contractor employee receives a copy of the Security
Addendum and the CJIS Security Policy and eYecutes an acknowledgtnent of such i�eceipt
and the contents of the Security Addendum. The si�ed aakno�vledgments shall r�emain in the
possession of the CGA and available for audit purposes.
3.00 Responsibilities of the Contractor.
3.01 The Contractor �vill maintain a security program consistent �vith federal and state la��s,
regulations, and standards (including the CJIS Security Polic}� in effect ��hen the contract is
executed), as well as with policies and standards established by the Crimutal Justice
Information Seivices (CJIS) Advisory Policy Board (APB).
4.00 Security Violations.
4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the
Director, FBI, along with indications of actions taken by the CGA and Contractor.
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
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4.02 Security violations can justify tennination of the appended agreement.
4.03 Upon notification, the FBI reserves the right to:
a. Investigate or decline to investigate any report of unauthorized use;
b. Suspend or tenninate access and services, including telecommunications linl;s.
The FBI will provide the CSO �vith timely �vritten notice of the suspension.
Access and seivices will be reinstated only a$er satisfactoiy assurances have
Ueen provided to the FBI Uy the CJA and Contractor. Upon termination, the
Contractor's records containing CIII2I must be deleted or returned to the CGA.
5.00 Audit
5.01 The FBI is authorized to pet%rm a final audit of the Contractor's systems a$er
tet7nination 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 peisons other than the Contr•actor, CGA, CJA (where applicable), CSA,
and FB I.
6.02 The following documents are incorporated by reference and made part of this
agreement: (1} the Security Addendum; (2) flte NCIC 2000 Operating Vfanual; (3} the CJIS
Security Policy; and (4} Title 28, Code of Federal Regulations, Part 20. The parties are also
subject to applicable feder�l and state laws and regulations.
6.03 The teims set forth in this document do not constitute the sole undeistanding by and
between 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 tenns and conditions of the appended Agreement �vhich impose
more stringent requirements upon the Conh•actor.
6A4 This Security Addendum may only be tnod�ed by the FBI, and may not be modified by
the parties to the appended Agreement �vithout the consent of the FBI.
6A5 All notices and conespondence shall be fonvarded by First Class mail to:
Assistant Director
Criminal Justice Information Services Division, FBI
100d Custer Hollow Road
Clarksburg, West Vu•ginia 26306
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
Page 10 of 12
FEDERAL BUREAU OF INV�STIGATION
CRINIINAL JUS'I'ICE INFORIVIATION SERVIC�S
S�CURITY �DDENDUM
CERTII+ICATION
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 l�fanual; (3) the CJIS
Security Policy; and (4) Title 23, Code of Federal Regulations, Part 20, and agree to be
bound by their provisions.
I recognize that cruninal history record infoimation and related data, by its very
nature, is sensitive and has potential for great haim if misused. I acknowledge that access to
criminal history record infonnation and related data is therefore limited to the putpose(s) for
which a governtnent agency has entered into the contract incorporating this Security
Addendum. I undeistand that misuse of the system by, among other ttungs: accessing it
without authorization; accessing it by exceeding authorization; accessing it for an unproper
purpose; using, disseminating or re-disseminating infoimation received as a result of this
contract for a puipose other than that envisioned by the conttact, may subject me to
administrative and criminal penalties. I undeistand that accessing the system for an
appropriate purpose and then using, dissemuiating or re-disseminating the infonnation
received for another purpose other dtan execution of the cont�-act also constitutes misuse. I
further understand that the occun•ence of misuse does not depend upon ��hether or not I
receive additional compensation for such authorized activity. Such esposure for misuse
includes, but is not limited to, suspension or loss of employment and prosecution for state
and federal crimes.
Signahue of Contr�actor Employee
Printed or Typed Contractor Etnployee Name
Sex: Race: DOB: State/ID or DL:
Signature of Contractor Representative
Pruited or Typed Name of Contractor
Representative
Organization Narne and Represeutative's Title
Date
Date
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
Page 11 of 12
Te�as Signatoiy Page
The undersigned parties agree that the Securityllcldettdtt»a is no�ir a part of the contract bet�veen
flie entities. The parties agree to abide by all requiretnents of the Securityflddendztna and tlie
CJIS Sec7�rity Policy, and it shall remain in force for the term of the contract. Any violation of
this addendum constitutes a Ureach of the contract.
To the e.ctent there is a conflict behveen a confidentiality clause in the underlying contract and the
SecurityEldder�dtrrra and/or the CJISSecttrityPolicy, the Sec7tr�ityAddendurat and the CJISSecurit}�
PolicJ� shall govein any information covered by the Secta•ity�ddendurn ancl/or the CJISSecta�ity
Policy.
(To be signed and dated by the vendar and la«r enforcement agency representative(s) �vho signed
the original contract, or at least «<ho have authority to bind each entity.)
Printed Name of Agency Representative
Signature of Agency Representative
Fort Worth Police Department
Agency Name and ORI
Printed Name of V endor (Contractor) Representative
Signature of Vendor (Contr�actor) Representative
Vendor Organization Name
Chief of Police
Title
Date
Title
Date
TEKsystems, Inc.
Amendment No. 2 to CSC No. 45121
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