HomeMy WebLinkAboutContract 47588 Cl
COMPACT N,
MEMORANDUM OF UNDERSTANDING
Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the"City of Fort
Worth"Regarding the National Integrated Ballistic Information Network
This Memorandum of Understanding(MOU) is entered into by the U.S. Department of
Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the
"City of Fort Worth","hereinafter collectively referred to as "the parties," and the "City
of Fort Worth,"referred to as the "NIBIN Partner." This MOU establishes and defines a
partnership between the parties that will result in an ATF National Integrated Ballistic
Information Network(NIBIN)system installation, operation, and administration for the
collection, timely analysis, and dissemination of crime gun data to enhance the efforts of
law enforcement to integrate resources to reduce firearms violence, identify shooters, and
refer them for prosecution.
AUTHORITY
This MOU is established pursuant to the authority of the participants to engage in
activities related to the investigation and suppression of violent crimes involving
firearms. ATF's authority is derived from, among other things, the Gun Control Act of
1968 (as amended), 18 U.S.C. Chapter 44.
BACKGROUND
The ATF NIBIN Program uses an integrated investigative approach that works in concert
with other Federal, State, tribal, and local law enforcement agencies in combating.
firearms-related violence using ballistic imaging technology to compare images of
ballistic evidence obtained from crime scenes and firearms. The mission of the program
is to reduce firearms violence through aggressive targeting, investigation, and prosecution
of shooters and their sources of crime guns.
SCOPE
Participation in this program is expressly restricted to the sharing of ballistic imaging of
firearms data associated with crimes recovered by any law enforcement agency in the
United States and international law enforcement partners who have entered into
agreements with ATF to share ballistic data. ATF may work with our international law
enforcement partners to search their networks in an effort to identify a gun in their data
base against a crime gun in ATF's NIBIN network.
NIBIN systems may be used only for imaging of ballistic evidence and test fires of
firearms illegally possessed, used in a crime, or suspected by law enforcement officials of
having been used in a crime. Ballistics information and/or evidence from firearms taken
into law enforcement custody through a Gun Buy Back Program, property damage crimes
involving firearms, found or abandoned firearms, and domestic disturbances are
permitted for entry in the NIBIN database.
F(IFFIC9181L REWIR�
1
An ATF-owned NIBIN unit will not be used to capture, share, or store ballistic images
acquired at the point of manufacture, importation, sale, or law enforcement-issued
firearms not associated with crimes. The NIBIN system/database does not store
information related to firearms owners or registration.
APPLICABLE LAWS
The applicable statutes, regulations, directives, and procedures of the United States, DOJ,
and ATF shall govern this MOU and all documents and actions pursuant to it. Nothing in
this MOU will prevail over any Federal law, regulation, or other Federal rule recognized
by ATF. This MOU is not a funding document. All specific actions agreed to herein
shall be subject to funding and administrative or legislative approvals.
MODIFICATIONS AND TERMINATIONS
This MOU shall not affect any pre-existing or independent relationships or obligations
between the parties. If any provision of this MOU is determined to be invalid or
unenforceable, the remaining provisions shall remain in force and unaffected to the
fullest extent permitted by law and regulation.
Except as provided herein, this MOU may be modified or amended only by written
mutual agreement of the parties. Either party may terminate this MOU by providing
written notice to the other party. The termination shall be effective upon the thirtieth
calendar day following notice, unless an alternative date is agreed upon.
If either party terminates this MOU,ATF will retain its interest in the electronically
stored information contained in the database and any ATF-deployed NIBIN system. ATF
agrees to provide to the NIBIN Partner an electronic copy of the data collected by the
NIBIN Partner, subject to Federal law and regulation.
LIABILITY
The NIBIN Partner hereby agrees to assume full and sole liability for any damage, injury,
or harm of any sort caused by the operation and use of any NIBIN system or related to
the use and interpretation of any information contained in,processed by, or extracted
from any database subject to this agreement and the protocols and procedures of the
NIBIN Program.
No third party is intended to benefit or otherwise claim any rights whatsoever under this
MOU. The rights and obligations set out in the MOU run between the signatories to this
MOU only.
ATF-DEPLOYED SYSTEM INSTALLATION
The NIBIN Partner hereby agrees and acknowledges that all ATF-deployed NIBIN
systems shall remain the property of ATF and the U.S. Government. ATF agrees to
provide, install, and maintain all ATF-deployed NIBIN systems for use by the NIBIN
Partner and any other law enforcement agencies served by or in partnership with the
2
NIBIN Partner. Should the installation of the NIBIN system require physical
construction at the site, the NIBIN Partner will be responsible for such construction and
any associated costs. If a system is to be moved to allow additional access outside of a
laboratory,ATF will work with our Partner to ensure the appropriate protocols are put
into place to ensure the integrity of crime gun evidence along with maximum use of the
equipment.
ATF-DEPLOYED SYSTEM MAINTENANCE
ATF will maintain all ATF-deployed NIBIN systems furnished to the NIBIN Partner and
repair or replace inoperable or outdated systems in an expeditious manner, subject to
availability and funding. However, maintenance and repairs required as the result of
unauthorized movement, alteration, damage, or destruction will not be assumed by ATF.
The NIBIN Partner agrees not to make or cause to be made any repairs, alterations,
movements, additions, improvements, or replacements to the NIBIN systems not
expressly authorized in writing by ATF in advance, and further agrees to exercise due
care in every respect to prevent system movement, damage, destruction, or misuse.
ATF-DEPLOYED SYSTEM USAGE
Because the NIBIN Program focuses on the reduction of firearms-related violent crimes
the NIBIN Partner shall enter all eligible ballistic evidence recovered from crime scenes
as timely as possible. In addition, the NIBIN Partner shall enter into NIBIN test-fire
cartridge casings from eligible firearms taken into Law Enforcement custody as timely as
possible. All NIBIN Partner owned NIBIN equipment will be held to same standards as
ATF—deployed systems. NIBIN Partners may not charge other law enforcement agencies
for the entry of evidence into ATF-owned or ATF-maintained automated ballistics
technology used in the NIBIN Program.
ATF—DEPLOYED SYSTEM REMOVAL
ATF retains the right to remove a NIBIN system upon: (1) a determination that the
equipment is being neglected or misused; (2) is not being effectively used to combat
violent crime; (3)receipt of written notification of the termination of the participation of
the NIBIN Partner in the NIBIN Program; (4) termination of the NIBIN Program by
ATF; (5) the cancellation of this MOU by ATF; or (6)failure to comply with any
obligations or requirements set forth in this MOU.
If ATF intends to remove a NIBIN system from the NIBIN Partner,ATF will provide
written notice.
SYSTEM MOVEMENT
ATF authorizes NIBIN system moves only with ATF written approval to our Partner.
Any movement of the NIBIN system after the initial installation will be accomplished at
the expense of the NIBIN Partner and only after receipt of authorization by, and
coordination, with FTI. In order to realize maximum use of the equipment, it should be
placed where trained personnel can expeditiously enter evidence. ATF will work with
3
each partner to realize optimal placement of equipment to obtain actionable investigative
leads.
In the event of a natural disaster, ATF will work with our NIBIN Partner to safeguard the
NIBIN equipment.
Due to communication line installation/move requirements, NIBIN Partners must provide
a minimum of 60 days advance notice to ATF and the NIBIN system manufacturer before
the intended move of a NIBIN system.
In the event of unauthorized movement, alteration, damage, or destruction of any NIBIN
system caused by its employees, contractors, or any other person under its control, the
NIBIN Partner agrees to assume the cost of replacement or repairs of the equipment.
The NIBIN Partner agrees to report to ATF, within 5 working days, any incident
involving the following: an unauthorized movement, alteration, damage, or destruction of
ATF-deployed NIBIN systems, any unauthorized use of NIBIN systems or the
unauthorized release of data related to the NIBIN Program.
COMMUNICATION LINES
ATF will provide and support primary communication lines necessary for connecting
NIBIN systems to the NIBIN network.
SECURITY
The NIBIN Partner will comply with all ATF, DOJ and/or other Federal security
requirements related to the NIBIN program, network, or systems to ensure the integrity of
the program. These requirements are set forth under NIBIN security policies. ATF will
promptly notify the NIBIN Partner should these requirements change. All NIBIN sites
will not knowingly allow a person to access the NIBIN network using another person's
User ID and Password.
The NIBIN Partner agrees to conduct criminal background checks, including fingerprint
checks, of all NIBIN users. Upon successful completion of these background checks, the
NIBIN Partner will notify ATF's NIBIN Branch in writing.
AUDITS
ATF and the NIBIN Partner acknowledge their understanding that the operations
described in this MOU are subject to audit by ATF, DOJ, the Office of the Inspector
General, the General Accountability Office and other auditors designated by the
U.S. Government regardless if the system is funded by the NIBIN Partner or ATF. Such
audits may include reviews of all records,performance measurements, documents,
reports, accounts, invoices, receipts, or other evidence of expenditures related to this
MOU and the NIBIN Program.
4
Further, all parties hereby agree to allow auditors to conduct one or more in-person
interview(s) of any and all personnel the auditors have determined may have knowledge
relevant to transactions performed or other matters involving this MOU and the NIBIN
Program.
The NIBIN Partner hereby acknowledges its understanding that, for accounting purposes,
that the principles and standards for determining costs shall be governed by the policies
set forth in the Office of Management and Budget Circular A-87, revised (available via
the OMB, the Superintendent of Documents at the U.S. Government Printing Office, or
via the Internet at http://www.whitehouse.gov/omb/circulars/aO87/aO87-all.html.)
PERSONNEL AND TRAINING
Prior to the execution of this MOU and a NIBIN system installation, the NIBIN Partner
must employ, or have access to, a technical person capable of performing forensic
microscopic comparison of bullet and cartridge evidence.
The NIBIN Partner agrees to provide and maintain sufficient personnel to operate the
NIBIN system and agrees to allow use of the equipment by ATF personnel or our
representatives to support the program at the host location. This MOU should not be
construed to require the hiring of any new personnel, except at the discretion of the
NIBIN Partner. If the NIBIN Partner determines that additional personnel resources are
required, all costs associated with this hiring will be borne by the NIBIN Partner. All
users of the equipment must satisfy the same requirements as other NIBIN users and be
properly trained, qualified and approved in advance by ATF.
Following basic entry training,ATF will verify trainee competency before authorizing
network access. Individuals trained internally by a NIBIN Partner will not be certified as
appropriately trained until they successfully pass a competency test administered by ATF.
The NIBIN Partner may provide access to the NIBIN system under its operational control
to another law enforcement agency. Any such other law enforcement agency agrees to
the same restrictions placed upon the NIBIN Partner by this MOU. However, the NIBIN
Partner agrees to assume full liability and responsibility for the administration of such
access.
Access to the NIBIN system will be under the management and control of the NIBIN
Partner. The NIBIN Partner will ensure that only trained, cleared and qualified personnel
have access to the NIBIN system.
Participating agencies will develop the appropriate standard operating procedures to
ensure all eligible ballistic evidence will be submitted for NIBIN.
COORDINATION
ATF and the NIBIN Partner agree to adhere to standardized procedures and policies for
collecting, handling, documenting, transporting and preserving firearms, bullets, casings
and any similar evidence submitted for analysis and input into NIBIN.
5
ATF and the NIBIN Partner similarly agree to adhere to standardized procedures and
policies for the source data collection, input, exchange and protection of information, to
include information as to the location where ballistic evidence was collected, the
circumstances under which it was collected and all crimes to which the firearm(s) or
other ballistic evidence is linked.
ATF and the NIBIN Partner agree to cooperate in the development and implementation
of data entry protocols and quality assurance procedures for the NIBIN Program. ATF
further agrees to cooperate with all participants in the NIBIN Program to establish model
standards, protocols, and procedures for the users of the network. Such protocols will be
applicable as they are implemented.
The NIBIN Partner will require all participating law enforcement agencies to adhere to
the protocols, procedures,policies and quality assurance standards as established above.
The NIBIN Partner agrees to provide ATF with access to all information, reports and any
other relevant information regarding crimes related to evidence entered into the system as
well as monthly reports outlining historical, statistical and case adjudication information
on the use and results of the use of the NIBIN Program and/or system and the related
services provided by ATF and the system manufacturer in order to ensure the capturing
of required performance management information. Such information will be gathered for
the purpose of informing the law enforcement community, other Government agencies,
Congress and the public on NIBIN results. Additionally,ATF will collect information
for results-oriented performance measures.
PUBLICITY
Any NIBIN Partner who becomes aware of, or participates in,publicity related to the
NIBIN system and investigations within their jurisdiction should advise ATF of same
within 48 hours.
DISCLOSURE OF INFORMATION RELATED TO NIBIN
No disclosure of information that requires extraction of data from the NIBIN data base
shall be made without express authorization from ATF except for when the information is
to be used for a criminal investigation or prosecution.
INCORPORATION OF APPENDIX
The Appendix to this MOU includes definitions of terms used.Because these
requirements may change over time due to technological advances, security
enhancements, budgetary matters, etc., the Appendix may be updated. Parties to the
MOU agree and understand that the Appendix is incorporated by reference as if fully
stated herein. Execution of the MOU constitutes agreement to abide by the requirements
and protocols set forth in the Appendix.
6
SIGNATORIES
The terms and conditions of this MOU will be considered accepted in their entirety upon
the signature by the ATF Special Agent in Charge and the NIBIN Partner signature.
AGREEMENT
ATF and the NIBIN Partner hereby agree to abide by the terms and conditions of this
MOU, including any appendices, and all policies of the NIBIN Program. In witness
thereof, the parties have hereby executed this MOU this Wk day of lY)a 1.,
APPROVED AND AGREED CITY OF FORT WORTH:
By:
Val rie R. Washington
Assistant City Manager
Date: 311011�
APPROVAL RECOMMENDED:
By: " �
Chief Joel F. Fitzgerald
Chief of Police
Date:
APPROVED AS TO FORM AND LEGALITY:
By:
1//-
Victoria D. Honey
Assistant City Attorney
Date:
CONTRACT AUTHORIZATION:
No M&C Required
0000
ATTES
By: -
Mary J. Kayser
°
City Secretary ^ �k00000000
AS TNORTH, T
Date:
Form 1295 Certification No: NOT REQUIRED
-7 ree w�- - i s ►N�-114 q �rl A,,. 44
This agreement does not require City Council approval. "' /n l
10&� Date: ���
William A. Temple
Special Agent in Charge
Bureau of Alcohol, Tobacco Firearms and Explosives
Dallas Field Division
i s 1 J�1 a �4k Date: .,-? ( (J
Shar°�M. Buchanan, Chief, NIBIN Branch
Fireafms Operations Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
8
Appendix
TERMS
Acquisition -An entry of a ballistic image
ATF—Bureau of Alcohol, Tobacco, Firearms and Explosives, a principal law
enforcement agency within the U.S. Department of Justice (DOJ).
Bullets—Designated calibers of projectiles fired from rifles, revolvers and pistols.
Cartridge Casings—Designated metal casings from cartridges fired from rifles,
shotguns, revolvers and ejected from pistols.
Correlation—Automated data comparison of signature images to a database.
Crime Gun—Any firearm that is illegally possessed, used in a crime, or suspected by
law enforcement officials of having been used in a crime or act of terrorism.
Found and Abandoned Firearms -Firearms seized/retained by law enforcement and
entered into property that are not readily identified as being possessed by a specific
individual at the time they come into the custody of law enforcement. "Found or
Abandoned Firearms" are seized/retained and entered into property when the seizing law
enforcement official can articulate a potential connection to crime.
NIBIN Network—An ATF-designed and maintained system of interconnected computer
systems and terminals used in support of the NIBIN Program.
NIBIN Program—The integration of aggressive targeting, investigation, and prosecution
of shooters and their sources of crime guns utilizing automated ballistics technology.
NIBIN System—Refers to integrated ballistic imaging, analysis, and information
processing system for use with automated ballistics technology.
Performance Measurements—Various management instruments used to evaluate
program effectiveness in successfully removing shooters and their crime gun sources.
Potential Candidate for Confirmation—Two bullets or cartridges cases displaying
sufficient similarity during a correlation review such that the items should be compared
using traditional comparative microscopy by a trained firearm examiner to determine if
they can be associated to the same firearm.
Security Requirements—Types and levels of protection necessary for equipment, data,
information, applications, and facilities to meet security policies.
Security Policies—The set of laws, rules, directives and practices that regulate how an
organization manages,protects and distributes controlled information.
9
Timely—Strive to make evidence entries within 48 hours and return potential candidate
for confirmation for investigative follow up. Timely entries are critical to aid in the
speedy identification of shooters and others involved in firearms related crimes so that
they do not remain on the street to commit additional violent crime.
Volunteers—Individuals who have chosen to perform gratuitous services and have
entered into an agreement with the local NIBIN Partner agency addressing all issues of
confidentiality, costs, and a waiver of all claims against the Federal government.
10