Full Document
ORDINANCE NO. 26-15 INTRODUCED BY: Ms. Gentry AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL SERVICES AGREEMENT FOR ENTERPRISE MANAGED TECHNOLOGY SERVICES AND DECLARING AN EMERGENCY. WHEREAS, Section 59 of the Avon Lake City Charter, entitled Competitive Bidding, authorizes the expenditure of funds without public bidding for “personal services” as defined in the Charter; and WHEREAS, the City of Avon Lake desires to retain the professional services of REDACTED PURSUANT TO R.C. 149.43(A)(1)(v) to provide enterprise managed technology services, including security incident and event management. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Mayor is hereby authorized and directed to enter into a Personal Services Agreement (attached hereto as Exhibit A) with REDACTED PURSUANT TO R.C. 149.43(A)(1)(v) for the provision of enterprise managed technology services, including security incident and event management. The agreement shall provide that the cost of such services shall not exceed $135,600. Section No. 2: Upon satisfactory completion of the services and approval by the Communications and Technology Director, the Finance Director is hereby authorized and directed to issue the warrant of the City to REDACTED PURSUANT TO R.C. 149.43(A)(1)(v) in payment of the amounts due under the agreement. Section No. 3: That it is found and determined that all formal actions of Council relating to the adoption of this Ordinance were taken in an open meeting, and that all deliberations of Council and its committees resulting in such actions were conducted in meetings open to the public in compliance with all applicable legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 4: That this Ordinance is hereby declared to be an emergency measure, the emergency being the immediate preservation of the public health, safety, and welfare of the public. Therefore, this Ordinance shall be in full force and effect from and immediately after passage and approval by the Mayor. 1st reading: 03/09/2026 2nd reading: 3rd reading: ORDINANCE NO. 26-15 PASSED: 03/23/2026 ____________________________ President of Council POSTED: 03/27/2026 Approved: 03/24/2026 ATTEST: _________________________ ____________________________ Clerk of Council Mayor Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A R.C. 149.43(A) R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) Master Services Agreement City, Police and Fire April 1st, 2026 – March 31st, 2028 Monthly Service Fee: $9,500 Monthly Service Fee: $1,800 SIGNATURE AND CONTRACT EXECUTION This Service Agreement (“Agreement”) is made and entered into between , with office at and ____________________________ a ____________________________ with offices at ____________________________ (“Customer”). All notices, pursuant to Section 12.4, intended for parties shall be effective if sent to their respective addresses above, if to ; if Customer, attention: ____________________________ (“Notice”). Service Provider: Client: City of Avon Lake, Ohio Representative: Representative: Mark Spaetzel Title: Title: Mayor Date: Date: Signature: Signature: Purchase Order Number: _______________________________ Upon acceptance of this contract, sign this page and mail to . Please include your purchase order with this signature sheet. R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64 R.C. 149.43(A)(1)(v); R.C. R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A)(1)(v); R.C. R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A)(1)(v); R.C. 149.433; R.C. 9.64(F) R.C. 149.43(A R.C. 149.43(A) EXHIBIT 1 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, 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 Attomey 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 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 (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(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 12/27/2024 CJISSECPOL v6.0 H-2 addendum would specifically authorize access to CHRI, 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 CHRI 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 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 (III) 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)(1) 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 12/27/2024 CJISSECPOL v6.0 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 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. 12/27/2024 CJISSECPOL v6.0