2.24.20.NIBIN.MOU.PARTICIPATING.AGENCIES.PPD.MCSO.PDF

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MEMORANDUM OF UNDERSTANDING 
 
BETWEEN 
 
THE CITY OF PHOENIX  
 
AND 
 
MARICOPA COUNTY ACTING ON BEHALF OF  
 
THE MARICOPA COUNTY SHERIFF’S OFFICE 
 
 
1. PURPOSE 
 
The purpose of this Memorandum of Understanding (MOU) between the City of 
Phoenix, for and on behalf of the Phoenix Police Department (PPD), and 
Maricopa County on behalf of the Sheriff’s Office (MCSO) , (hereinafter referred 
to as the “parties”) is to define the responsibilities of the parties with respect to 
the scheduling and use of PPD’s National Integrated Ballistic Information 
Network (NIBIN).  It sets forth the agreed upon procedures for management, 
accountability, direction, authority, and liabilities of the parties in conjunction with 
this effort. 
 
2. BACKGROUND 
 
This MOU is being executed for the purpose of enhancing the parties’ efforts to 
combat, link, and solve violent crimes involving firearms. The parties have 
entered into this agreement to accomplish each party’s objective to resolve 
violent crimes through participation in the NIBIN program.  
 
The parties understand that participation in the NIBIN program is contingent on 
continued approval from the Bureau of Alcohol, Tobacco and Firearms (ATF) 
through a MOU between ATF and PPD, which is incorporated by reference into 
this MOU. The NIBIN network and certain associated computer systems are the 
property of ATF and the U.S. Government. ATF has granted PPD permission to 
use the NIBIN network and two computer systems (e.g., one entry station and 
one analysis station), which are under PPD’s operational control. In addition, 
PPD owns certain computer systems (e.g., two entry stations, three analysis 
stations, and two data concentrators) and facility space, which are under PPD’s 
exclusive control. As an ATF NIBIN partner, PPD may provide NIBIN network 
and systems access to another law enforcement agency provided the other law 
enforcement agency agrees to the same restrictions on the use of the NIBIN 
network and systems as placed on PPD.

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The parties agree that PPD possesses the necessary network access, 
equipment, space and ballistic facility. The parties recognize that their objectives 
are best met through integrated and coordinated actions that leverage their 
respective expertise and infrastructure through robust information sharing. 
 
3. SCOPE 
 
This MOU defines the responsibilities of the parties to the agreement.  
 
The parties will be responsible for the following: 
 
a. MCSO will provide personnel for the purpose of acquiring, reviewing, 
and analyzing data. Personnel will be available for training for the 
proper protocols and procedures for acquiring images of cartridge 
cases as well as review and analysis of the data. 
 
b. MCSO will be responsible for its own evidentiary chain of custody and 
will provide personnel to conduct their own examinations. No items of 
evidence will be stored at PPD facilities. MCSO will be responsible for 
entering its own evidence to include test fired specimens from 
recovered weapons. 
 
c. MCSO will adhere to any “use of equipment” schedule for routine use, 
review and analysis to promote efficient and effective operations of any 
PPD ballistics identification system. In the event of a high profile or 
urgent case, expedited processing outside of any “use of equipment” 
schedule may be necessary. The parties agree to communicate with 
any other affected parties to other PPD NIBIN agreements to ensure 
minimization of impact to the other parties. 
 
d. MCSO will comply with all 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 and the ATF-PPD MOU incorporated by reference into this 
MOU. 
 
e. MCSO will adhere to the same restrictions on the use of the NIBIN 
program, network, or systems that have been placed upon PPD under 
the ATF-PPD MOU. This includes, but is not limited to, clauses in the 
ATF-PPD MOU regarding the scope of the NIBIN program, publicity, 
disclosure of information related to NIBIN, and personnel and training 
requirements. These requirements are set forth under the ATF-PPD 
MOU incorporated by reference into this MOU.

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4. FUNDING 
 
Each party to this MOU shall be responsible for its own costs associated with 
implementing its requirements under this MOU. Any expenditure of funds or use 
of resources is subject to the availability of said funds and resources. 
 
5. DISCLOSURE AND USE OF INFORMATION 
 
The parties agree to the following disclosure and use policy. The parties may 
share information with each other in accordance with the rules of its own agency. 
Information which is shared between the parties may be used by the recipient 
only for authorized law enforcement purposes. 
 
6. SETTLEMENT OF DISPUTES 
 
Disagreements between the parties arising under or related to this MOU will be 
resolved by consultation between the parties and will not be referred to a Federal 
or State court or entity for settlement.  The parties agree to make every effort to 
settle disagreements at the lowest level appropriate under the circumstances. In 
the event of an impasse or issues beyond the authority of PPD and MCSO 
personnel involved, the matter in dispute will be referred to the parties’ respective 
positions of authority in their headquarters for resolution. This section does not 
affect the City of Phoenix’s right to seek indemnification under Paragraph 9 
below. 
 
7. COORDINATION AND DECONFLICTION 
 
If analysis of a shell casing identifies a potential high confidence candidate that 
crosses regional jurisdictional boundaries, the parties agree to collaborate with 
other law enforcement agencies  quickly to advance the investigation. 
 
The parties will coordinate and deconflict through their representatives prior to 
taking operational action based in who or in part from information received or 
derived from another party pursuant to this MOU. 
 
8. AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION 
 
With regard to amendment, termination, entry into force, and duration of this 
agreement the following procedures apply: 
 
a. Except as otherwise provided, this MOU may only be amended by the 
mutual written consent of the parties’ authorized representatives.

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b. This MOU may be terminated at any time upon the mutual written 
consent of the parties.  In the event both parties consent to terminate 
this MOU, the parties agree to ensure termination on the most 
economical and equitable terms for both parties. 
 
c. Either party may terminate this MOU upon 30 days written notification 
to the other party. 
 
In the event of such termination, the following rules apply: 
 
1)  The termination party will continue to participate up to the effective    
     date of termination. 
 
2)  Each party will pay its own costs incurred as a result of termination. 
 
3)  If applicable, each party will return any of its tangible property left at  
     or borrowed with permission from the other party. 
 
4)  All information and rights therein received under the provisions of   
     The MOU prior to the termination will be retained by the parties,  
     subject to the provisions of this MOU.   
 
9.  NO JOINT VENTURE 
 
This Agreement is not intended to constitute, create, give rise to, or otherwise 
recognize a joint venture agreement, partnership or other formal business 
association or organization of any kind, and the right and obligations of the 
parties shall be only those expressly set forth in this agreement. 
 
 
10.  INDEMNIFICATION 
 
To the extent permitted by law, each party agrees to indemnify and hold the other 
party harmless, including any of the parties’ departments, agencies, officers, 
employees, elected officials or agents, from and against all loss, expense, 
damage or claim of any nature whatsoever which is caused by any activity, 
condition or event arising out of the performance or non-performance by the 
indemnifying party of any of the provisions of this Agreement. The parties are 
responsible and liable for the acts and omissions of their own officers, agents, 
elected officials or employees in connection with the performance of their official 
duties under this MOU. 
 
11.  WORKERS COMPENSATION 
 
For purposes of workers’ compensation, an employee of a Party to this 
Agreement, who works under the jurisdiction or control of, or who works

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within the jurisdictional boundaries of another Party pursuant to this 
Agreement, is deemed to be an employee of both the Party who is her 
primary employer and the Party under whose jurisdiction or control or within 
whose jurisdictional boundaries she is then working, as provided in A.R.S. 
§23-1022(D).  The primary employer of such employee shall be solely liable 
for payment of workers’ compensation benefits for the purposes of this 
section.  Each Party herein shall comply with the provisions of A.R.S. §23-
1022(E) by posting the notice required. 
 
12. 
INSURANCE 
 
In lieu of any insurance requirements in this MOU, each party understands that 
the other party is self-insured and each party accepts this self-insured program. 
 
 
13. 
Laws 
 
Each party shall comply with all applicable laws, ordinances, Executive Orders, 
rules, regulations, standards, and codes of the Federal, State, and Local 
government’s whether or not specifically referenced herein.  The Parties agree 
that there will be no discrimination as to race, sex, religion, color, age, creed, or 
national origin in regard to obligations, work, and services performed under the 
terms of any contract ensuing from this engagement.  The Parties will comply 
with the Executive Order No. 11246, entitled “Equal Employment Opportunity” 
and as amended by Executive Order No. 11375, as supplemented by the 
Department of Labor Regulations (41 CFR, Part 60). 
 
14.  DURATION 
 
This MOU will be effective upon signature of both parties and will remain in effect 
for five years.  It may be extended by mutual written consent of the parties’ 
authorized representatives. 
 
 
15.  ENTIRE AGREEMENT 
 
The foregoing represents the entire agreement and understandings reached by 
the parties referred to herein.  There are no representations or other provisions 
other than those contained herein, and any amendment to or modification of this 
MOU will be made only in writing and signed by the parties.

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Memorandum of Understanding between 
City of Phoenix and Maricopa County on behalf of 
the Sheriff’s Office for use of NIBIN 
 
 
 
 
 
In witness thereof, the parties have hereby executed this Memorandum of 
Understanding this _____ day of _________________, 2020, by their duly 
authorized representative 
 
 
FOR THE CITY OF PHOENIX 
 
 
 MARICOPA COUNTY  
Ed Zuercher, City Manager 
 
 
 
_________________________________           ____________________________             
 
Signature                                        Date 
  Clint Hickman                      Date 
 
  Chairman 
 
 
 
Name: Jeri L. Williams  
 
 
 
   Attest: 
Title: Police Chief 
Location: 620 W. Washington Street  
Phoenix, AZ 85003  
 
 
 
  ____________________________ 
 
 
 
 
 
 
 
  Fran McCarroll                     Date                
 
 
 
 
 
 
 
  Clerk of the Board 
APPROVED AS TO FORM: 
 
 
__________________________   
 
   ____________________________ 
Acting City Attorney            Date                            Paul Penzone                    Date 
    Sheriff                    
 
 
    Approved as to form: 
 
 
 
 
 
 
 
 
 
                                                                                ____________________________   
     Deputy County Attorney       Date