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HomeMy WebLinkAboutContract 47589 MY SECRETAWY. CONTRACT . Memorandum of Understanding(MOU) Between The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) And The City of Fort Worth Hereinafter referred to as NIBIN Partner Site (NPS) I. PURPOSE This serves as an agreement between ATF and NPS: The City of Fort Worth This agreement allows for ATF to perform correlation review(s) for the NPS ballistic evidence which is entered into the NIBIN database. These correlation reviews will be conducted by ATF through the NIBIN National Correlation and Training Center (NNCTC) and will be disseminated back to the affected parties as documented in this MOU. Il. ROLES AND RESPONSIBILITIES OF ATF The NNCTC, on the basis of a request for assistance by the appropriate ATF Field Division Special Agent in Charge (or their Designee), will perform correlation reviews on all ballistic evidence entered into NIBIN by the NPS and issue documentation of the NIBIN Leads or Negative results to all affected parties within 24-48 hours. The NNCTC will not perform correlation reviews on evidence that was entered prior to the MOU effective date. The ATF Special Agent in Charge initiating the request will assign a field division liaison to act as an intermediary between the NNCTC and the NPS and ensure that the protocols established by this MOU as well as ATF ORDER 3315.1 are followed in order to establish effective processes for the utilization of NIBIN in the field. The fact that a site takes advantage of the NNCTC service will have no bearing whatsoever on the accreditation. A participating site simply needs to write the NNCTC into their procedures, and if needed, ATF will provide the qualifications and training of the individuals performing the correlation reviews. The services of the NNCTC will be handled by highly trained IBIS technicians. In addition, all of the technicians work will be peer reviewed and finally reviewed by a senior firearms & tool mark examiner assigned to the NNCTC prior to dissemination to the field. Cln,IFFICIARLECOR11 ETARY M,,71� 1 The NNCTC will review the top 100 correlation results for every case. This standard was established based upon research & discussion within the NIBIN community as well as published articles on the subject. If necessary and justified by the circumstances of a particular investigation, the NNCTC will increase this threshold as warranted. A site may request a more exhaustive search of the database or an expedited correlation review/response (under 24 hours) when the NPS deem it absolutely necessary and mission critical; however, appropriate justifications for such service will be required along with follow up written documentation to the NNCTC. These types of requests should be rare based upon the success we will achieve within the top 100 correlations results and the standard 24-48 hours turnaround; therefore, the procedure for the NPS to request either will be handled via telephonic communication with the NNCTC Firearms & Tool mark Examiner supervisor &followed up by an email documenting the justification for such request(s). The NNCTC will provide accurate and timely documentation of the correlation reviews and negative results to the following parties: 1. NIBIN Partner Site-Lab entering the original ballistic evidence into NIBIN 2. NIBIN Partner Site-Investigator submitting the evidence for comparison 3. ATF Crime Gun Intelligence Center-To provide additional intelligence and investigative capabilities in support of the NIBIN Lead. The purpose of all three notifications is to ensure adequate follow up, feedback and documentation of the NNCTC work product. III. ROLES AND RESPONSIBILITIES OF THE NPS The true performance metric of NIBIN is the successful prosecution of shooters. In order to best utilize the services of the NNCTC, the NPS agrees to establish policies and procedures that adhere to the four critical steps of an effective and sustainable NIBIN program: Combrehensive Collection: NPS must establish internal policies for the collection and submission of all evidence suitable for entry into NIBIN regardless of crime. Evidence includes cartridge cases recovered from crime scenes and test fires from seized or recovered crime guns. Timely Turnaround: Since violent crime investigations can go"cold"very quickly the goal is to get the evidence into NIBIN as soon as possible after collection,then to provide any and all relevant NIBIN intelligence(NIBIN Leads/Negatives)back to the investigator within 24-48 hours. Follow-Un: Investigators,intelligence personnel and prosecutors should pursue NIBIN Leads as appropriate. Follow-up contains three distinct but overlapping components: comprehensive crime gun intelligence,effective and thorough criminal investigation, and consistent prosecution. 2 Feedback: Feedback is necessary for the sustained success of a NIBIN program and allows all involved to benefit from the process through ongoing evaluation and innovation. Feedback should be provided to all parties involved including patrol, investigative, lab, and intelligence personnel. 1. The NPS will enter the applicable investigator(s) contact information into the case comments section when entering evidence into IBIS. The contact information for said investigator should contain at a minimum: Name, Title, Telephone number and Email address in the format provided below. This will allow for the establishment of clear lines of communication between the NNCTC and the field investigators in order to best utilize the NIBIN Lead during the course of criminal investigations. Adel Case Case Number Occurrence Date Select a date [ + Event Type" Case Supervisor Ofrginatatg Agency, Originating Agency Reference Ej High Profile Comments John A Smith Detective Restricted Status 212-555-1234 1,L.Mah0*ory 2. If the NPS conducts occasional or mission specific correlations reviews in lieu of utilizing the services of the NNCTC, the NPS will indicate this fact by changing the status of the corresponding IBIS correlation requests to "Previously Viewed" in order to prevent redundancy. 3. For every test fired cartridge case acquired into IBIS, the NPS will provide all applicable make; model; caliber; and serial number, by associating an IBIS firearm exhibit to the test fired cartridge case or bullet exhibit. The serial number should be documented exactly as it is inscribed on the firearm, NO special characters or titles (i.e. do not input "serial# 123AEG instead input 123AEG'). This will facilitate accurate and timely crime gun intelligence. Also, an effort should be made to enter any other available firearm information in the Firearm Exhibit Details section, such as recovery information and/or possessor. 3 icfdtteattn Exttibik Exhibit Nwobet Caliber* ' Model Make �`` Type. Setial Nuwber Comments 'Mandatory Qeta�s IV. REPORTING REQUIREMENTS On a quarterly basis the NPS will provide a report to the ATF Field Division liaison detailing whether or not any ATF issued NIBIN Lead(s)were later confirmed by a Firearm &Tool mark Examiner. It is strongly recommended that the NPS forward any relevant NIBIN success stories to ATF. Doing so reaffirms the importance of NIBIN and assists with the advancement of the local and national NIBIN program(s). These success stories can be provided to the ATF Field Division Liaison or emailed directly to NIBINFOD@atf.gov V. FUNDING AND ADMINISTRATIVE MATTERS This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds. This MOU is a basic statement of the understanding between parties of the matter described herein. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations and policies. The parties expressly acknowledge that the language in this MOU in no way implies that funds will be made available for such expenditures. VI. PRIVACY ACT Over the course of the agreement, both parties may come across information that may identify U.S.persons whose information is protected by the Privacy Act of 1974 and/or Executive Order 12333 (or any successor executive order). All such information will be handled lawfully pursuant to the provisions thereof. 4 VII. COMMENCEMENT OR EFFECTIVE DATE DETERMINATION The terms of this MOU will become effective on the date on which it is signed by all parties. This MOU will remain valid until modified or rescinded by written mutual consent, or terminated unilaterally after 30 days advanced written notice by any party via certified mail. Notice shall be made to the Chief, Firearms Operations Division of ATF. W`� J Date: ��✓' William A. Temple Special Agent in Charge Bureau of Alcohol, Tobacco Firearms and Explosives Dallas Field Division (��k - a i . - Date: Sha on M. Buchanan, Chief, NIBIN Branch Firearms Operations Division Bureau of Alcohol, Tobacco, Firearms and Explosives APPROV Ali AND AGREED CITY OF FORT WORTH: Y• B L'In Date: f Valerie R. Washington Assistant City Manager APPROVAL RECOMMENDED: :�� Date: 4 Chief Joel F. Fitzgerald Chief of Police APPROVED AS TO FORM AND LEGALITY: By. Date; 10L Victoria D. Honey Assistant City Attorney x '' y- F0. IFT. CIAL RECORD CONTRACT AUTHORIZATION: o° SECRETARY % 'z WORTH,TX No M&C Required D b ATTESTA By. aDtj 5., Date: i c ) Mary J. Kayser City Secretary 5 Form 1295 Certification No: NOT REQUIRED ktle4"-4v�l_5 yjih Iq 00y(r0 IycBd_?,P This agreement does not require City Council approval.