HomeMy WebLinkAboutContract 61343CSC No. 61343
MEMORANDUM OF UNDERSTANDING
Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the
FORT WORTH POLICE DEPARTMENT
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
FORT WORTH POLICE DEPARTMENT, hereinafter collectively referred to as "the
parties," and the FORT WORTH POLICE DEPARTMENT, 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 authorities are set forth in Title 28, Code of Federal Regulations,
sections 0.130-0.131, and include the power to investigate violations of the Gun Control
Act of 1968 (as amended), Title 18, United States Code, Chapter 44.
BACKGROUND
The ATF NIBIN Program uses sophisticated technology to compare images of ballistic
evidence. It is part of an integrated investigative approach to reduce firearms violence
and improve crime gun intelligence. Through aggressive targeting, investigation, and
prosecution of shooters and their sources of crime guns, Federal, State, tribal, and local
law enforcement agencies work in concert to combat firearms -related violence.
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 crime gun in their
database against a crime gun in ATF's NIBIN network.
NIBIN systems are to be used to image 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 also
permitted to be entered in the NIBIN system.
OFFICIAL RECORD
PCITY SECRETARY
Page 1 of 1 1
FT. WORTH, TX
Any NIBIN unit, whether ATF-owned or site -purchased, will not be used to capture,
share, or store ballistic images acquired at the point of manufacture, importation, or sale
of a firearm, or images of law enforcement -issued firearms not associated with crimes.
The NIBIN system 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. Notwithstanding the foregoing, nothing in this agreement will be construed as a
waiver of sovereign immunity in excess of or beyond that which is authorized by the law
of the NIBIN Partner's jurisdiction. 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 provision of 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, to the extent allowed by law.
The rights and obligations set out in this MOU run between the signatories. Nothing in
this MOU is intended to create any substantive or procedural rights, privileges, or
benefits enforceable in any administrative, civil, or criminal matter by any prospective or
actual third -parties.
Page 2 of 11
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
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 the NIBIN 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.
At all times, 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 soon as possible. In addition, the NIBIN Partner shall enter into NIBIN test -fire
cartridge cases from eligible firearms taken into law enforcement custody in a timely
manner. 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 neglected or misused; (2) a determination that the equipment is not used
effectively to combat violent crime; (3) failure to comply with any obligations or
requirements set forth in this MOU; (4) receipt of written notification of the termination
of the participation of the NIBIN Partner in the NIBIN Program; (5) the cancellation of
this MOU by ATF; or (6) termination of the NIBIN Program by ATF.
If ATF intends to remove a NIBIN system from the NIBIN Partner, ATF will provide
written notice.
Page 3 of 11
SELF -PURCHASED SYSTEMS
All clauses that reference ATF-Deployed Systems are not applicable to agencies that self -
purchase equipment. However, all other requirements involving network requirements,
usage, Minimum Required Operating Standards (MROS), movement of equipment,
network requirements and security requirements do apply to all agencies on the NIBIN
network. These requirements ensure the integrity of the database and the network
security.
SYSTEM MOVEMENT
If the NIBIN Partner seeks to move its NIBIN system, it must submit a written request to
ATF. ATF's decision regarding the proposed move will be provided to the NIBIN
Partner in writing. Any movement of the NIBIN system after the initial installation will
occur 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
each partner to realize optimal placement of equipment to obtain actionable investigative
leads.
In the event of a natural disaster, ATF will work with the NIBIN Partner to safeguard the
NIBIN equipment.
Due to communication line installation/move requirements, NIBIN Partners must provide
a minimum of 120 calendar 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 calendar 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, and systems to ensure the integrity
of the program. These requirements are set forth under NIBIN security policies. ATF
Page 4 of 11
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.
SYSTEM USAGE AND MINIMUM REOUIRED OPERATING STANDARDS
To ensure the consistency, integrity, and success of NIBIN, ATF has enacted Minimum
Required Operating Standards (MROS). The MROS, listed below, are rooted in ATF's
"Four Critical Steps for a Successful NIBIN Program" — comprehensive collection,
timeliness, investigative follow-up, and feedback. They identify the practices that best
allow NIBIN to provide comprehensive and timely crime gun intelligence.
1. Enter all fired or test fired cartridge cases from serviced law enforcement agencies
and/or departments through a NIBIN acquisition machine within 2 business days of
receipt.
2. Enter accurately all required information during the acquisition process on the
NIBIN acquisition machine.
3. Correlate and conduct a secondary review of any potential NIBIN leads through an
approved NIBIN correlation machine within 2 business days.
4. Disseminate NIBIN leads within 24 hours.
5. Designate and maintain a NIBIN program administrator.
6. No policy shall inhibit or restrict NIBIN submissions by serviced law enforcement
agencies and/or departments.
7. Operate with only qualified NIBIN users.
Please note that Standards 3 and 4 are not applicable to NIBIN sites using the NIBIN
National Correlation and Training Center for correlation reviews of ballistic images.
As a NIBIN partner, the FORT WORTH POLICE DEPARTMENT is striving to meet the
MROS by developing and implementing changes in their operations and working toward
compliance. Each NIBIN site must be in compliance with MROS or working towards
compliance to the satisfaction of the Crime Gun Intelligence Governing Board.
AUDITS
ATF and the NIBIN Partner acknowledge their understanding that the operations
described in this MOU are subject to audit by ATF, DOJ, the DOJ Office of the Inspector
Page 5 of 11
General, the General Accountability Office, and other auditors designated by the
U.S. Government regardless of the funding source for the system (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.
Notwithstanding, ATF will conduct audits of all NIBIN Partners and their sites once
every two years for the remainder of the MOU. The purpose of the audits is to review
and verify compliance with the required MROS. Each site must be in full compliance
with the MROS in order to maintain access to NIBIN.
Further, the NIBIN Partner agrees to allow auditors to conduct one or more in -person
interview(s) of any and all personnel the auditors determine 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. All personnel accessing
NIBIN must be a Qualified NIBIN User as required by the MROS. 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.
Page 6 of 11
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.
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.
Except as expressly prohibited by law, 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.
Page 7 of 11
DISCLOSURE OF INFORMATION RELATED TO NIBIN
NIBIN system information may be shared with other law enforcement and prosecutors'
offices in furtherance of criminal investigations and prosecutions. The NIBIN Partner
shall not share any NIBIN system information for other purposes, including requests
under the Freedom of Information Act, without express, written authorization from ATF.
INCORPORATION OF APPENDIX
The Appendix to this MOU includes definitions of terms used and is fully incorporated
herein. Because requirements may change over time, due to technological advances,
security enhancements, or budgetary matters, the Appendix may be updated.
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. 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.
Digitally signed by JAMES
Zi— VANVLIET
Date: 2024.04.23 16:16:04
-05,00, 4-23-24
Jeffrey C. Boshek II Date
Special Agent in Charge, Dallas Field Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
WEIDNIER signed by CHRISTIE
C H R I STI E
WEIDNER Date: 024.04.2408:28:12 4-24-2024
Y-I' Will Panoke Date
Chief, Firearms Operations Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
(signature page follows)
(remainder of page intentionally left blank)
Page 8 of 11
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By. William Johnson (A r 18, 202416:49 CDT)
Name: William Johnson
Title: Assistant City Manager
Date: Apr18,2024
APPROVAL RECOMMENDED:
By:
RobertRobert Alr 15, 202413:35 CDT)
Name: Robert A. Alldredge, Jr.
Title: Executive Assistant Chief
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: X&Itl�
Name: Loraine Coleman
Title: Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
ATTEST: eaaF FORr�aa By: Jerris Mapes (Apr 10, 02412:21 CDT)
;moo° °% ,,d Name: Jerris Penrod Mapes
°o
°% °=4 Title: Assistant City Attorney
By: aa�� EZA5aaa
uaan000 CONTRACT AUTHORIZATION:
Name: Jannette Goodall M&C: (None Required)
Title: City Secretary Date Approved:
Page 9 of 11
Form 1295 Certification No.: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
Bullets — Designated calibers of projectiles fired from rifles, revolvers, and pistols.
Cartridge cases — 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 or Abandoned Firearms — Firearms that come into the custody of law
enforcement outside of investigative or judicial process. A found firearm is located by
law enforcement or a non -owner and the owner -possessor is not readily identifiable (e.g.,
a firearm found in an open field). An abandoned firearm may be a found firearm or a
firearm where the possessor chooses to permanently relinquish control of the firearm and
abandon any rights of ownership. ATF suggests that NIBIN Partners provide written
notice to those persons permanently abandoning or temporarily relinquishing custody of a
firearm that the firearm will be test fired and the results entered into the NIBIN System.
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 using automated ballistics technology.
NIBIN Program Administrator — An individual the NIBIN site has designated to
communicate with all parties (e.g., submitting law enforcement agencies, ATF Crime
Gun Intelligence Centers) involved in the NIBIN process. The NIBIN Program
Administrator must be a qualified NIBIN user and full-time employee of the NIBIN site.
The NIBIN Program Administrator should be responsible for implementing and directing
policies and procedures of the NIBIN site.
NIBIN System — Refers to the 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.
Performance measurements also include the NIBIN Minimum Required Operating
Standards and related audits.
Page 10 of 11
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.
Qualified NIBIN User — technician and/or firearms examiner trained by ATF, Forensic
Technology, and/or a NIBIN Authorized Trainer program to perform acquisition and/or
correlation reviews of ballistic images on the NIBIN network.
Security Requirements — Types and levels of physical and cyber protection necessary
for equipment, data, information, applications, and facilities to meet security policies and
standards.
Security Policies — The set of laws, rules, directives, and practices that regulate how an
organization manages, protects and distributes controlled information.
Timely — Occurring at a suitable time and without unnecessary delay. Some NIBIN
submissions require a response within 48 hours to be considered timely.
Volunteer — An individual who has chosen to perform services without charge or
payment and has entered into a written agreement with a NIBIN Partner addressing issues
of confidentiality, costs, and waiver of all claims against the Federal government.
Page 11 of 11