HomeMy WebLinkAboutContract 41420-AD1• . Agency Identification
CITY SECRETARY / , .
CONTRACT NO . _L--) ':f l!J .-{+i)/
Agency Name I ORI fl::rTY tJF 'F°"Rr WoRTH
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Agen~~F (Title and Name)
11.esistant City~
Phone Number I Fax Number
'6/~ -5JB, -<2'! 'iCJ
Email address
SUSAN. /JJ...AIJIS @R>Rr@R77-l7E~Or/
Contractor Identification
Company Name
SCIENTE L WIRELESS, LLC.
Company Address .
1200 PLAC ID AVE
City I State I Zip
PLANO TX 75074
Contractor Representative (Title and Name)
JOESPH MANCINO, VP SALES
Phone Number I Fax Number
630-873-97 51 972-526-0437
Email address
JMANCINO®SCIENTELWIRELESS.COM
Submit hard copies and any applicant finger print cards to:
Via USPS: Via overnight carrier:
Texas Department of Public Safety Texas Department of Public Safety
CJIS Security Office\ Information Technology
PO Box 4143 MSC 214
CJIS Security Office\ Information Technology
5805 N. Lamar, Bldg. G
Austin, TX 78765-4143 Austin, TX 78752
Email can be sent to: Security.Committee@t-xdps.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 ens Security Office.
1 OfflCIAL RECORD
CITY SECRETARY
fT, WORTH, TX J t ECEI VED APR -8 20 13
L
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 appro ved December 6, 1982 , required 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 offic ials 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 CHRI 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 increasingly 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 (CTIS) 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(a) (7) to provide
express authority for such arrangements . The proposed authority is similar to
the authority that already exists in 28 CFR 20.21(b)(3) 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
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
CHRJ, 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 CHRJ 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 ex isting 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 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 (Ill) 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/information services
for criminal justice agencies ; and
3) To private contractors pursuant to a specific agreement with an
agency identified in paragraphs (a)(l) or (a)(6) 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
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 contro 1
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 contract. 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.
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 systems while (l)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 "security 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 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).
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 FBI's 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.
2.00 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 ens 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 ens Security Policy in effect when the contract is
executed), as well as with policies and standards established by the Criminal Justice
Information Services (CnS) Advisory Policy Board (APB).
4.00 Security Violations.
4.01 The CGA must report security violations to the ens Systems Officer (CSO) and the
Director, FBI, along with indications of actions taken by the CGA and Contractor.
" .• 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.
5 .00 Audit
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 CJA and Contractor. Upon termination, the
Contractor's records containing CHRI must be deleted or returned to the CGA.
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 are incorporated by reference and made part of this
agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the ens
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
between the parties hereto; rather they augment the provisions of the ens 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 FBI.
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
Texas S ign at ory Page
The undersigned parties agree that the Security Addendum is now a part of the contract between
the entities . The parties agree to abide by all requirements of the Security Addendum and the
CJIS Sec urity Policy , and it shall remain 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 CJIS Securi ty Policy, the Security Addendum and the CJIS Securi ty
Policy shall govern any information covered by the Securi ty Addendum and/or the CJIS 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 .)
-11n1, .. ,
Asai.tut Clq .... ;. 5'{5/tJ.J A-L/1,vl s
Printed Name of Agency Representative
Agency Name and ORI
S -.2.o·-;J
Vendor Organization Name
APPROVED /t.S TO !'OIW AND LEGALITY :
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
MEMORANDUM
DA1E: May29 ,2014
TD: Mary Kayser, City Secretary
FROM: Maleshia Farmer, Senior Assistant City Attorney
SUBJECT: Criminal Justice Information Services ("CJIS ") Security Addendum
The City regularly enters into agreements with consultants who may, on behalf of the City, require
access to federal law enforcement databases or other federal criminal history record information systems
(''confidential databases ") in order to provide services to the City. Pursuant to Title 28 , Code of Federal
Regulations Part 20 ("CFR Part 20 "), if a consultant requires access to any of the confidential databases,
the Consultant, and any of its personnel who require access , must execute the Federal Bureau of
Investigation Criminal Justice Information Services ("CJIS") Security Addendum, which becomes a part
of the Consultant's current agreement with the City. These addenda often contain drivers' license
numbers of the Consultant's personnel. Drivers' license numbers are confidential by law and may not be
released to the public. In the event a copy of the respective CJIS Security Addendum is requested,
please note the file to ensure that any drivers' license numbers are removed from the document
prior to release and provide the requestor with a copy of the attached form printed on your
letterhead.
The affected contracts are listed below:
CSC No. 35334-ADl -Data Applications Corporation
CSC No. 41420-ADl -Scientel Wireless, LLC
CSC No. 45120-ADl -Sentari Technologies , Inc.
CSC No. 45121-ADl -TekSystems, Inc .
CSC No. 41910-ADl -Motorola Solutions, Inc.
CSC No. 45161-ADl -Kforce , Inc . (personnel to be determined at a later date)
Any additional addendum that may be executed under the CJIS requirements
Regards.
~
Maleshia B. Farmer
Sr. Assistant City Attorney
OFFICE OF THE CITY ATTORNEY
The City ofFort Worth * 1000 Throckmorton Street* Fort Worth, Texas 76102
817-392-7600 * Fax 817-392-8359
Dear Requestor:
The City of Fort Worth is in receipt of your request for public information. The information you
requested contains information that relates to a motor vehicle operator 's, driver 's license or
permit or a personal identification document issued by an agency of this state , another state or
country authorized to issue such document.
This information is confidential under section 552.130 of the Texas Government Code. Our
office is prohibited by law from releasing this information to you, and therefore we have
removed this information from the enclosed information we are providing to you.
You have the right to appeal our decision to withhold this information from you to the Texas
Attorney General. If you do not want to appeal , you do not need to do anything else.
If you wish to appeal , you must send the attorney general a signed, written statement indicating
your wish to appeal the withholding of information. Include the name of the governmental body
that withheld information from you and the date you made your original request for information.
You must also include a copy of your original request for information, or if you are unable to
provide a copy, a description of your original request for information . You may also submit
written comments stating why you think the information should be released to you , but you are
not required to do so .
Send your appeal by mail to the attorney general at:
Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548
Within forty-five business days after receiving all of the above-listed items necessary to file your
appeal , the attorney general will issue a written ruling on the matter. You will receive a copy of
this ruling in the mail.
Sincerely,
City Secretary