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HomeMy WebLinkAbout065620 - General - Contract - Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)CSC No. 65620 MEMORANDUM OF UNDERSTANDING Between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CITY OF FORT WORTH ON BEHALF OF 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 CITY OF FORT WORTH ON BEHALF OF THE FORT WORTH POLICE DEPARTMENT, hereinafter collectively referred to as "the parties," and the CITY OF FORT WORTH ON BEHALF OF 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 OFFICIAL RECORD CITY SECRETARY Page 1 of 8 FT. WORTH, TX involving firearms, found or abandoned firearms, and domestic disturbances are also permitted to be entered into the NIBIN system. Any NIBIN unit 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 or the Texas Public Information Act. Notwithstanding the foregoing, nothing in this agreement will be construed as a waiver of its governmental powers or 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 supersede any previous MOU between the parties regarding NIBIN. This MOU shall not affect independent relationships or obligations (non-NIBIN related) 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 parry 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. 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 by authorized users of the NIBIN Partner as described by the terms of this MOU, 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 Page 2 of 8 actual third -parties. SYSTEM INSTALLATION The NIBIN Partner hereby agrees and acknowledges that the deployed NIBIN system is the property of the partner site. Any and all costs associated with the deployed NIBIN system, to include costs to provide, install, and maintain the system, are the sole responsibility of the NIBIN Partner and not the responsibility of ATF. ATF does not have and will not have, at any time, any liability or financial obligation related to the deployed NIBIN system. The NIBIN system is 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, NIBIN Partner will ensure the appropriate protocols are put into place to ensure the integrity of crime gun evidence along with maximum use of the equipment. SYSTEM MAINTENANCE The NIBIN Partner will maintain all NIBIN systems acquired by the NIBIN Partner and repair or replace inoperable or outdated systems in an expeditious manner, at their own expense. 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. 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. NIBIN Partners may not charge other law enforcement agencies for the entry of evidence into grant -funded or grant -maintained automated ballistics technology used in the NIBIN Program. DEPLOYED SYSTEM REMOVAL ATF retains the right to remove the NIBIN Partner from the NIBIN system upon: (1) receipt of written notification of the termination of the participation of the NIBIN Partner in the NIBIN Program; (2) the cancellation of this MOU by ATF; or (3) termination of the NIBIN Program by ATF. If ATF intends to remove a NIBIN Partner from the NIBIN system, ATF will provide thirty (30) days' written notice. Page 3 of 8 SELF -PURCHASED SYSTEMS All requirements involving network requirements, usage, Minimum Required Operating Standards (MROS), movement of equipment, network requirements and security requirements apply to all agencies on the NIBIN network. These requirements ensure the integrity of the database and 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 will occur at the expense of the NIBIN Partner and only after receipt of authorization by, and coordination with, Leads Online. 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. 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 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 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. Page 4 of 8 SYSTEM USAGE AND MINIMUM REQUIRED 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 General, the General Accountability Office, and other auditors designated by the U.S. Government. 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. Page 5 of 8 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 N113IN 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 NMIN system will be under the management and control of the NMIN Partner. The NIBIN Partner will ensure that only trained, cleared, and qualified personnel have access to the NMIN system. Participating agencies will develop appropriate 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 NI31N 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 Page 6 of 8 other ballistic evidence is linked. ATF and the NI31N 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. 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. Nothing in this MOU is intended to interfere with the NIBIN Partner's obligations under the Texas Public Information Act. 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. Page 7 of 8 OFFICIAL RECORD CITY SECRETARY AGREEMENT FT. WORTH, TX 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 of the ATF Special Agent in Charge and the NIBIN Partner. City of Fort Worth Z,)-&- 9.- William Johnson Assistant City Manager 08/05/2026 Date Name of Brian Garner Date Special Agent in Charge, Dallas Field Division Bureau of Alcohol, Tobacco, Firearms and Explosives Chief, Firearms Operations Division Date Bureau of Alcohol, Tobacco, Firearms and Explosives CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Title: A Davjd CarabalST (Aug 5, 2026 13:16:18 CDT) David Carabajal Executive Assistant Chief Approved as to Form and Legality: By: Name: Title: Al Keanan Mtthews Hall (Aug 3, 2026 09:00:00 CDT) Keanan M. Hall Senior Assistant City Attorney Contract Authorization: M&C: N/A 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: Name: Title: (Cat�Guysti Kathryn Agee Agee ug 3, 20' 15:06:54 CDT) Kathryn Agee Senior Management Analyst 11ZI City Secretary: p FORra _F Pv8 �=d° Kct/cauke �'euce� a°4a rexn5ap By: Name: Jannette S. Goodall Title: City Secretary Page 8 of 8 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Bureau of Alcohol, Tobacco, Firearms and Explosives Subject of the Agreement: MOU for partnership that will result in an ATF National Integrated Ballistic Information Network (NIBIN) for collection, analysis and dissemination of crime gun data. M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Upon final execution If different from the approval date. Expiration Date: Upon termination If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.