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HomeMy WebLinkAbout26314AGREEMENT INFORMATION AGREEMENT NUMBER 26314 NAME/TYPE OF AGREEMENT BUREAU OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES (ATF) DESCRIPTION MEMORANDUM OF UNDERSTANDING/CONTINUED PARTICIPATION ON THEIR FIREARM INTERDICTION, REDUCTION & ENFORCEMENT TASK FORCE/MATTER ID: 26- 2794 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 10/7/2026 DATE RECEIVED FROM ISSUING DEPT. 10/13/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Police DEPT. CONTACT PERSON: Joy Saunlett NAME OF CONTRACTUAL PARTY/ENTITY: Explosives (ATF) IS THIS AGREEMENT TO BE EXPEDITED/RUSH TOTAL CONTRACT AMOUNT:$0.00 TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY: r Signed by: a ttlAta 03C8C8A20F3A4F4... EXT. 305 603-6196 Bureau of Alcohol, Tobacco, Firearms and ❑ YES NO FUNDING INVOLVED? ❑ YES ®NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT El LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY) To execute a Memorandum of Understanding for the police department's continued participation on their Firearm Interdiction, Reduction & Enforcement Task Force. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: No Funding ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR October 4, 2026SIONNTEMIEET PRINT: EDWIN L P Ely. SUBMITTED TO RISK MANAGEMENT INTERIM DIRECTOR October 5, 2026§I PRINT: DAVII,. iN1 1T g e7 1 PRINT: GEORPErecUONG, R �J PRINT: SIGNATURE III ��t-Or�t, z W1is ut (t( —8S776E9FEBB-24-8B.. SUBMITTED-T.06611W 26-2794 ATTORNEY JCP �Jh (, (X-4) October 6, 2026iid � APPROVAL BY 45gr 'ANT CITY MANAGER APPROVAL BY DEPUTY CITY MANAGER PRINT: NATASHA COLEBROOK-WILLIAMS SIGNATURE: RECEIVED BY CITY MANAGER October 7, 2026PRINT: JAMES E.YF&by: SUBMITTED TO THE CITY CLERK October 7, 20263 PRINT: TODD B. ANIv5 8 DocuSigned by: rCil-J:071-- ,Q.T PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER Edwin Lopez TO Chief of Police (Through FROM: M. •, e A. Rodriguez Commander investigative Support Section CITY OF MIAMI, FLORIDA y/ INTER -OFFICE MEMORANDUM DATE : SUBJECT : REFERENCES: ENCLOSURES: 4-/z V/i//zg September 14, 2026 FILE : Memorandum of Understanding Between MPD and ATF (F.I.R.E Task Force) The Crime Gun Intelligence Unit is requesting your review and approval of the attached Memorandum of Understanding between the City of Miami Police Department and the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) related to the Fire Interdiction Reduction, & Enforcement (F.I.R.E) Task Force. The MOU outlines the roles, responsibilities, and authorities for the Task Force, including the use of Crime Gun Intelligence, NIBIN, and other investigative tools to deter illegal firearms trafficking and violent crime, as described in the attached document. Your attention to this matter is greatly appreciated. Please review and sign. RECEIVED OCT - 1 2026 LEGISLATION DETAIL Approved Denied Chief Edwin Lopez Chief Edwin Lopez MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, And THE MIAMI POLICE DEPARTMENT This Memorandum of Understanding ("MOU") is entered into by and between the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") and Miami Police Department ("participating agency") as it relates to the Firearm Interdiction, Reduction, & Enforcement (F.I.R.E.) Task Force (herein referred to as the "Task Force"). BACKGROUND The Task Force utilizes an array of crime gun intelligence to prioritize investigations on violent criminals in possession of firearms proactively, reactively, and through federally adopted cases working with state and local counterparts. As part of the intelligence -based system, the Task Force implements several strategies and techniques to focus investigations to those individuals committing shootings, persons prohibited from possessing firearms and committing other violations of state and federal firearms laws, and those persons facilitating the illegal acquisition and transfer of firearms. The specific crime gun intelligence is a complete utilization of all available tools at the Task Force's disposal. These include but are not limited to, the National Integrated Ballistics Information Network (NIB1N), the comprehensive tracing of crime guns. the analysis of gunshot detection systems, and social media exploitation. Additionally, the Task Force implements the Supplemental Urgent Response to Gun Enforcement (SURGE) program, responding to and investigating state firearms violations and violent felony arrests within the jurisdictional areas of the Miami Police Department. AUTHORITIES The authority to investigate and enforce offenses under provisions of this MOU are found at 28 U.S.C. § 599A, 28 C.F.R. §§ 0.130, 0.131, and 18 U.S.C. § 3051. PURPOSE The two main strategic goals of this Task Force is to deter illegal firearms trafficking and violent gun crime and to combat criminal organizations. To successfully meet these goals, the Task Force will perform the activities and duties described below: ATF JLEO Task Force MOU - August 2025 Page 1 a. Investigate firearms trafficking b. Investigate firearms related violent crime c. Gather and report intelligence data relating to trafficking in firearms d. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida e. Organize, plan and assemble firearms -related cases for prosecution in the courts of the United States and the State of Florida; f. Develop sources of information to aid the Task Force and other state, local, and federal law enforcement; and g. Execute arrests and search warrants pursuant to the aforementioned activity. MEASUREMENT OF SUCCESS The success of this initiative will be measured by the participating agencies willingness to share certain information, (i.e crime statistics) for the purpose of measuring the success of the task force as well as its performance. There are two (2) Strategic Goals for this task force: Strategic Goal I: Deter Illegal Firearms Trafficking and Violent Gun Crime Utilize effective firearms enforcement techniques to reduce violent firearm -related crimes in the United States and abroad, thereby enhancing public safety. Performance Goal I: Impact the threat to public safety caused by illegal firearms trafficking. 1. Percent of illegal fireamis trafficking cases referred for prosecution ultimately indicted; 2. Percent of illegal firearms trafficking cases referred for prosecution ultimately convicted; 3. Number of NIBIN Hits; 4. Number of items entered into NIBIN; and 5. Percent of firearms traces completed within ten days. Strategic Goal 2: Combat Criminal Organizations To make our communities safer by identifying, targeting. and dismantling those criminal organizations that utilize firearms, arson, explosives. and alcohol or tobacco diversion in furtherance of violent criminal activity. Performance Goal: Impact the threat to public safety caused by criminal organizations 1. Percent of criminal organization cases referred for prosecution ultimately indicted. 2. Percent of criminal organization cases referred for prosecution ultimately convicted. 3. Percent of criminal group or gang related defendants whose cases have the active involvement of State and local law enforcement partners; and 4. Participation in DOJ Violence Reduction Network Cities. ATF JLEO Task Force MOU — August 2025 Page 2 PHYSICAL LOCATION Detectives assigned to this Task Force by their employer shall be referred to as Task Force Officers (TFOs). TFOs will be assigned to the ATF Miami II Field Office and will be located at 14100 NW 4th Street, Sunrise, FL 33325. SUPERVISION AND CONTROL The day-to-day supervision and administrative control of TFOs will be the mutual responsibility of the participants, with the ATF Special Agent in Charge or his/her designee having operational control over all operations related to this Task Force. TFOs shall remain subject to their respective agencies' policies and shall report to their respective agencies regarding matters unrelated to this agreement/Task Force. With regard to matters related to the Task Force, TFOs will be subject to federal law and Department of Justice and ATF orders, regulations and policies, including those related to standards of conduct, sexual harassment, equal opportunity issues, and federal disclosure laws. Failure to comply with this section could result in a TFO's dismissal from the Task Force. PERSONNEL, RESOURCES AND SUPERVISION To accomplish the objectives of the Task Force, ATF will assign Special Agents to the Task Force. ATF will also, subject to the availability of funds, provide necessary funds and equipment to support the activities of the ATF Special Agents and TFOs assigned to the Task Force. This support may include office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. Each participating agency agrees to make available to its assigned task members any equipment ordinarily assigned for use by that agency. In the event ATF supplies equipment (which may include vehicles, weapons, or radios), TFOs must abide by any applicable ATF property orders and policy, and may be required to enter into a separate agreement for their use. To accomplish the objectives of the Task Force, the Miami Police Department agrees to detail full-time TFOs to the Task Force for a period of not less than two (2) years. All full-time TFOs shall qualify with their respective firearms by complying with ATF's Firearms and Weapons Policy. SECURITY CLEARANCES All TFOs will undergo a security clearance and background investigation, and ATF shall bear the costs associated with those investigations. TFOs must not be the subject of any ongoing investigation by their department or any other law enforcement agency, and past behavior or punishment, disciplinary, punitive, or otherwise, may disqualify one from eligibility to join the ATF JLEO Task Force MOU - August 2025 Page 3 Task Force. ATF has final authority as to the suitability of TFOs for inclusion on the Task Force. DEPUTATIONS ATF, as the sponsoring federal law enforcement agency, will require that the participating agency's TFOs be deputized by the U.S. Marshals Service to extend their jurisdiction, to include applying for and executing federal search and arrest warrants, and requesting and executing federal grand jury subpoenas for records and evidence involving violations of federal laws. A TFO will not be considered for Department of Justice legal representation if named as a defendant in an individual -capacity lawsuit alleging constitutional violations unless all deputation paperwork has been completed and approved prior to the event(s) at issue in the lawsuit. The participating agencies agree that any federal authority that may be conferred by a deputation is limited only to activities supervised by ATF and will terminate when this MOU is terminated or when the deputized TFOs leave the Task Force, or at the discretion of ATF. ASSIGNMENTS, REPORTS, AND INFORMATION SHARING An ATF supervisor or designee will be empowered with designated oversight for investigative and personnel matters related to the Task Force and will be responsible for opening, monitoring, directing, and closing Task Force investigations in accordance with ATF policy and the applicable United States Attorney General's Guidelines. Assignments will be based on, but not limited to, experience, training, and performance, in addition to the discretion of the ATF supervisor. All investigative reports will be prepared utilizing ATF's investigative case management system, (Spartan) utilizing ATF case report numbers. The participating agency will share investigative reports, findings, intelligence, etc., in furtherance of the mission of this agreement, to the fullest extent allowed by law. For the purposes of uniformity, there will be no duplication of reports, but rather a single report prepared by a designated individual which can be duplicated as necessary. Every effort should be made to document investigative activity on ATF Reports of Investigation (ROI), unless otherwise agreed to by ATF and the participating agency(ies). This section does not preclude the necessity of individual TFOs to complete forms required by their employing agency. Information will be freely shared among the TFOs and ATF personnel with the understanding that all investigative information will be kept strictly confidential and will only be used in furtherance of criminal investigations. No information gathered during the course of the Task Force, to include informal communication between TFOs and ATF personnel, may be disseminated to any third party, non -Task Force member by any Task Force member without the express permission of the ATF Special Agent in Charge or his/her designee. ATF JLEO Task Force MOU - August 2025 Page 4 Any public requests for access to the records or any disclosures of information obtained by Task Force members during Task Force investigations will be handled in accordance with applicable federal statutes, regulations, and policies pursuant to the Freedom of Information Act and the Privacy Act, and other applicable federal and/or state statutes and regulations. BODY WORN CAMERAS AND TASK FORCE OFFICERS In accordance with ATF Order 3020.4, dated June 2, 2022, and incorporated herein, Body Worn Cameras (BWCs) may be worn by TFOs operating on a federal Task Force when their parent agency mandates their use by personnel assigned to the Task Force. In such cases, the TFO and parent agency shall comply with all DOJ and ATF policies, and the required procedures, documentation, and reporting while participating on the Task Force. USE OF FORCE All TFOs will comply with ATF and the Department of Justice's (DOJ's) Use of Force orders and policies. TFOs must be briefed on ATF's and DOJ's Use of Force policy by an ATF official and will be provided with a copy of such policy. INVESTIGATIVE METHODS AND ELECTRONIC SURVEILLANCE The parties agree that all investigative methods (including search warrants), evidence handling, and electronic surveillance (including wiretaps or consensual electronic monitoring) conducted by the Task Force will be consistent with and reviewed in accordance with applicable federal laws and regulations, as well as ATF and Department of Justice policy and guidelines. However, in situations where state or local consensual electronic monitoring laws are more restrictive than comparable federal law, consensual electronic monitoring methods and procedures employed by state and local law enforcement agencies may conform to those requirements, pending a decision as to a venue for prosecution. None of the parties to this MOU will knowingly seek investigations under this MOU that would cause a conflict with any ongoing investigation of an agency not party to this MOU. It is incumbent upon each participating agency to notify its personnel regarding the Task Force's areas of concern and jurisdiction. All law enforcement actions will be coordinated and cooperatively carried out by all parties to this MOU. EVIDENCE Evidence will be maintained by the lead agency having jurisdiction in the court system intended for prosecution. Evidence generated from investigations initiated by a TFO or ATF special agent intended for federal prosecution will be placed in the ATF designated vault, using the procedures set forth in ATF orders. All firearms seized by a TFO must be submitted for fingerprint analysis and for a National Integrated Ballistic Information Network (NIBIN) examination. Once all analyses are completed, all firearms seized under federal law shall be placed into the ATF designated vault ATF JLEO Task Force MOU - August 2025 Page 5 for proper storage. All firearms information/descriptions taken into ATF custody must be submitted to ATF's National Tracing Center. INFORMANTS ATF guidelines and policy regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by TFOs. Informants developed by TFOs may be registered as informants of their respective agencies for administrative purposes and handling. The policies and procedures of the participating agency for handling informants will apply to all informants that the participating agency registers. In addition, it will be incumbent upon the registering participating agency to maintain a file with respect to the performance of all informants or witnesses it registers. All information obtained from an informant and relevant to matters within the jurisdiction of this MOU will be shared with all parties to this MOU. The registering agency will pay all reasonable and necessary informant expenses for each informant that a participating agency registers. DECONFLICTION Each participating agency agrees that the deconfliction process requires the sharing of certain operational information with the Task Force, which, if disclosed to unauthorized persons, could endanger law enforcement personnel and the public. As a result of this concern, each participating agency agrees to adopt security measures set forth herein: a. Each participating agency will assign primary and secondary points of contact. b. Each participating agency agrees to keep its points of contact list updated. The points of contact for this Task Force are: ATF: Supervisory Special Agent Ross Perez 14100 NW 4 St., Sunrise, FL 33325 Rosniel.perez@atf.gov Participating Agency: City of Miami Police Department CGIU Lt. Alexander Nodar 400 NW 2 Ave., Miami, FL 33128 41458@miami-police.org JURISDICTION/PROSECUTIONS Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation with the participating agency and the United States Attorney's Office and appropriate state's attorney offices, to determine whether cases will be referred for prosecution to the U.S. ATF JLEO Task Force MOU - August 2025 Page 6 Attorney's Office or to the relevant state's attorney's office. This determination will be based upon which level of prosecution will best serve the interests of justice and the greatest overall benefit to the public. Any question that arises pertaining to prosecution will be resolved through discussion among the investigative agencies and prosecuting entities having an interest in the matter. In the event that a state or local matter is developed that is outside the jurisdiction of ATF or it is decided that a case will be prosecuted on the state or local level, ATF will provide all relevant information to state and local authorities, subject to federal law. Whether to continue investigation of state and local crimes is at the sole discretion of the state or local participating agency. MEDIA Media relations will be handled by ATF and the U.S. Attorney's Office's public information officers in coordination with each participating agency. Information for press releases will be reviewed and mutually agreed upon by all participating agencies, who will take part in press conferences. Assigned personnel will be informed not to give statements to the media concerning any ongoing investigation or prosecution under this MOU without the concurrence of the other participants and, when appropriate, the relevant prosecutor's office. All personnel from the participating agencies shall strictly adhere to the requirements of Title 26, United States Code, § 6103. Disclosure of tax return information and tax information acquired during the course of investigations involving National Firearms Act (NFA) firearms as defined in 26 U.S.C., Chapter 53 shall not be made except as provided by law. SALARY/OVERTIME COMPENSATION During the period of the MOU, participating agencies will provide for the salary and employment benefits of their respective employees. All participating agencies will retain control over their employees' work hours, including the approval of overtime. ATF may have funds available to reimburse overtime to the state and local TFO's agency, subject to the guidelines of the Department of Justice Asset Forfeiture Fund. This funding would be available under the terms of a memorandum of agreement (MOA) established pursuant to the provisions of 28 U.S.C. § 524. The participating agency agrees to abide by the applicable federal law and policy with regard to the payment of overtime from the Department of Justice Asset Forfeiture Fund. The participating agency must be recognized under state law as a law enforcement agency and their officers/ troopers/investigators as sworn law enforcement officers. If required or requested, the participating agency shall be responsible for demonstrating to the Department of Justice that its personnel are law enforcement officers for the purpose of overtime payment from the Department of Justice Asset Forfeiture Fund. This MOU is not a funding document. ATF JLEO Task Force MOU - August 2025 Page 7 In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in Charge or designee shall be responsible for certifying reimbursement requests for overtime expenses incurred as a result of this agreement. AUDIT INFORMATION Operations under this MOU are subject to audit by ATF, the Department of Justice's Office of the Inspector General, the Government Accountability Office, and other Government -designated auditors. Participating agencies agree to permit such audits and to maintain all records relating to Department of Justice Asset Forfeiture Fund payments for expenses either incurred during the course of this Task Force or for a period of not less than three (3) years and, if an audit is being conducted, until such time that the audit is officially completed, whichever is greater. SEIZURES/FORFEITURES/EQUITABLE SHARING All assets seized for federal administrative forfeiture will be seized and forfeited in compliance with federal law and U.S. Department of Justice policy as set forth in the Asset Forfeiture Policy Manual. When the size or composition of the item(s) seized make it impossible for ATF to store the property, in coordination with the U.S. Marshals Service, any of the participating agencies having the storage facilities to handle the seized property agree to store the property at no charge and to maintain the property in the same condition as when it was first taken into custody. The agency storing said seized property agrees not to dispose of the property until authorized to do so by ATF. The MOU provides that proceeds from forfeitures will be shared, with sharing percentages based upon the U.S. Department of Justice Asset Forfeiture policies on equitable sharing of assets, such as determining the level of involvement by each participating agency. Task Force assets seized through administrative forfeiture will be distributed in equitable amounts based upon the number of full-time persons committed by each participating agency. Should it become impossible to separate the assets into equal shares. it will be the responsibility of all the participating agencies to come to an equitable decision. If this process fails and an impasse results, A TF will become the final arbitrator of the distributive shares for the participating agencies DISPUTE RESOLUTION In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the Task Force's goals and objectives. The parties to this MOU agree to attempt to resolve any disputes regarding jurisdiction, case assignments and workload at the lowest level possible. LIABILITY ATF acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its officers and employees, including TFOs, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. ATF JLEO Task Force MOU - August 2025 Page 8 Claims against the United States for injury or loss of property, personal injury, or death arising or resulting from the negligent or wrongful act or omission of any federal employee while acting within the scope of his or her office or employment are governed by the Federal Tort Claims Act, (unless the claim arises from a violation of the Constitution of the United States, or a violation of a statute of the United States under which other recovery is authorized). Except as otherwise provided, the parties agree to be solely responsible for the negligent or wrongful acts or omissions of their respective employees and will not seek financial contributions from the other for such acts or omissions. Legal representation by the United States for individual capacity claims is determined by the United States Department of Justice on a case -by -case basis. ATF cannot guarantee the United States will provide legal representation to any state or local law enforcement officer. Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of this MOU will be the sole responsibility of the respective agent or officer and agency involved. DURATION This MOU is effective for five years from the date of the final signature. This MOU supersedes previously signed MOUs and shall remain in effect until the aforementioned expiration date or until it is terminated in writing (to include electronic mail and facsimile), whichever comes first. All participating agencies agree that no agency shall withdraw from the Task Force without providing ninety (90) days' written notice to the other participating agencies. If any participating, agency withdraws from the Task Force prior to its termination, the remaining participating agencies shall determine the distributive share of assets for the withdrawing agency, in accordance with Department of Justice guidelines and directives. This MOU shall be deemed terminated at the time all participating agencies withdraw and ATF elects not to replace such members, or in the event ATF unilaterally terminates the MOU upon 90 days' written notice to all the remaining participating agencies. MODIFICATIONS This agreement may be modified at any time by written consent of all participating agencies. Modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each. participating agency. SIGNATURES ATF JLEO Task Force MOU - August 2025 Page 9 Signed by: Digitally signed by 1ASON STANKIEWICZ Date: 2026.09.01 18:12:04 �_ / October 4, 2026 114:05:03 T -04'00' / oacLLb F-447... Edwin Lopez Date Jason Stankiewicz Date Chief of Police Special Agent in Charge Miami Police Department ATF Miami Field Division Bureau of Alcohol, Tobacco. Firearms and Explosives (ATF) Memorandum of Understanding F.I.R.E Task Force CITY OF MIAMI, a Florida Municipal Corporation ATF JLEO Task Force MOU - August 2025 Page 10 CITY OF MIAMI, a Florida Municipal Corporation By: Signed by: FLl.bH4i i3 James eyes, City Manager Attest: By: DocuSigned by: To I • :. annon, Cit Signed by: Approved as to Form and Correctness: Signed by: B Gut", , 00(isat4 llf y: "— 8877GE9F100240D... George K. Wysong, III, City Attorney DocuSigned by: 3.0 Pi (26-2794) 60971B0D05DD4D9... Approved as to Insurance Requirements: ,-DocuSigned by: By: MinnA �.c,�Q.a David Ruiz, Interim Director Risk Management Date: October 7, 2026 1 09:35:47 EDT Date: October 7, 2026 1 15:30:39 EDT Date: October 6, 2026 1 11:28:03 EDT Date: October 5, 2026 1 06:36:51 EDT COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF), And THE MIAMI POLICE DEPARTMENT This Memorandum of Understanding ("MOU") is entered into by and between the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") and the Miami Police Department ("participating agency") as it relates to the Firearm Interdiction, Reduction, & Enforcement (F.I.R.E.) Task Force (herein referred to as the "Task force"). BACKGROUND The Task Force utilizes an array of crime gun intelligence to prioritize investigations on violent criminals in possession of firearms proactively, reactively, and through federally adopted cases working with state and local counterparts. As part of the intelligence -based system, the Task Force implements several strategies and techniques to focus investigations to those individuals committing shootings, persons prohibited from possessing firearms and committing other violations of state and federal firearms laws, and those persons facilitating the illegal acquisition and transfer of firearms. The specific crime gun intelligence is a complete utilization of all available tools at the Task Force's disposal. These include but are not limited to, the National Integrated Ballistics Information Network (NIBIN), the comprehensive tracing of crime guns, the analysis of gunshot detection systems, and social media exploitation. Additionally, the Task Force implements the Supplemental Urgent Response to Gun Enforcement (SURGE) program, responding to and investigating state firearms violations and violent felony arrests within the jurisdictional areas of the Miami Police Department. AUTHORITIES The authority to investigate and enforce offenses under provisions of this MOU are found at 28 U.S.C. § 599A , 28 C.F.R. §§ 0.130, 0.131, and 18 U.S.C. § 3051. PURPOSE The two main strategic goals of this Task Force is to deter illegal firearms trafficking and violent gun crime and to combat criminal organizations. To successfully meet these goals, the Task Force will perform the activities and duties described below: ATF JLEO Task Force MOU - March 2021, v2 Page 1 a. Investigate firearms trafficking; b. Investigate firearms -related violent crime; c. Gather and report intelligence data relating to trafficking in firearms; d. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Florida; e. Organize, plan, and assemble firearms -related cases for prosecution in the courts of the United States and the State of Florida; f. Develop sources of information to aid the Task Force and other state, local, and federal law enforcement; and g. Execute arrests and search warrants pursuant to the aforementioned activity. MEASUREMENT OF SUCCESS The success of this initiative will be measured by the participating agencies willingness to share certain information, (i.e crime statistics) for the purpose of measuring the success of the task force as well as its performance. There are two (2) Strategic Goals for this task force: Strategic Goal 1: Deter Illegal Firearms Trafficking and Violent Gun Crime Utilize effective firearms enforcement techniques to reduce violent firearm -related crimes in the United States and abroad, thereby enhancing public safety. Performance Goal 1: Impact the threat to public safety caused by illegal firearms trafficking. 1. Percent of illegal firearms trafficking cases referred for prosecution ultimately indicted; 2. Percent of illegal firearms trafficking cases referred for prosecution ultimately convicted; 3. Number of NIBIN Hits; 4. Number of items entered into NIBIN; and 5. Percent of firearms traces completed within ten days. Performance Goal 2: Impact the threat to public safety caused by the criminal possession and use of firearms. 1. Percent of all firearms cases referred for prosecution ultimately indicted; 2. Percent of all firearms cases referred for prosecution ultimately convicted; and 3. Number of crime guns taken off the streets. Strategic Goal 2: Combat Criminal Organizations To make our communities safer by identifying, targeting, and dismantling those criminal organizations that utilize firearms, arson, explosives. and alcohol or tobacco diversion in furtherance of violent criminal activity. Performance Goal: Impact the threat to public safety caused by criminal organizations ATF JLEO Task Force MOU — March 2021, v2 Page 2 1. Percent of criminal organization cases referred for prosecution ultimately indicted. 2. Percent of criminal organization cases referred for prosecution ultimately convicted. 3. Percent of criminal group or gang related defendants whose cases have the active involvement of State and local law enforcement partners; and 4. Participation in DOJ Violence Reduction Network Cities. PHYSICAL LOCATION Detectives and Officers assigned to this Task Force by their employer shall be referred to as task force officers (TFOs). TFOs will be assigned to the ATF Miami II Field Office and will be located at 11410 NW 20th Street, Suite 200, Miami, FL 33172. SUPERVISION AND CONTROL The day-to-day supervision and administrative control of TFOs will be the mutual responsibility of the participants, with the ATF Special Agent in Charge or his/her designee (the ATF Miami 11 Field Office Group Supervisor) having operational control over all operations related to this Task Force. Each TFO shall remain subject to their respective agencies' policies, and shall report to their respective agency regarding matters unrelated to this agreement/task force. With regard to matters related to the Task Force, TFOs will be subject to Federal law and Department of Justice (DOJ) and ATF orders, regulations and policy, including those related to standards of conduct, sexual harassment, equal opportunity issues and Federal disclosure laws. Failure to comply with this paragraph could result in a TFO's dismissal from the Task Force. PERSONNEL, RESOURCES AND SUPERVISION To accomplish the objectives of the Task Force, ATF will assign Special Agents to the Task Force. ATF will also, subject to the availability of funds, provide necessary funds and equipment to support the activities of the ATF Special Agents and officers assigned to the Task Force. This support may include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. Each participating agency agrees to make available to their assigned task members any equipment ordinarily assigned for use by that agency. In the event ATF supplies equipment (which may include vehicles, weapons or radios), TFOs must abide by any applicable ATF property orders or policy, and may be required to enter into a separate agreement for their use. To accomplish the objectives of the Task Force, the Miami Police Department agrees to detail fulltime TFOs to the Task Force for a period of not less than two (2) years. All TFOs shall qualify with their respective firearms by complying with ATF's Firearms and Weapons Policy. ATF JLEO Task Force MOU - March 2021, v2 Page 3 SECURITY CLEARANCES All TFOs will undergo a security clearance and background investigation, and ATF shall bear the costs associated with those investigations. TFOs must not be the subject of any ongoing investigation by their department or any other law enforcement agency, and past behavior or punishment, disciplinary, punitive or otherwise, may disqualify one from eligibility to join the Task Force. ATF has final authority as to the suitability of TFOs for inclusion on the Task Force. DEPUTATIONS ATF, as the sponsoring Federal law enforcement agency, may request at its sole discretion that the participating agency's TFOs be deputized by the U.S. Marshals Service to extend their jurisdiction. to include applying for and executing Federal search and arrest warrants, and requesting and executing Federal grand jury subpoenas for records and evidence involving violations of Federal laws. Such requests will be made on an individual basis as determined by ATF. A TFO will not be granted Department of Justice legal representation if named as a defendant in a private -capacity lawsuit alleging constitutional violations unless all deputation paperwork has been completed prior to the event(s) at issue in the lawsuit. The participating agencies agree that any Federal authority that may be conferred by a deputation is limited to activities supervised by ATF and will terminate when this MOU is terminated or when the deputized TFOs leave the Task Force, or at the discretion of ATF. ASSIGNMENTS, REPORTS AND INFORMATION SHARING An ATF supervisor or designee will be empowered with designated oversight for investigative and personnel matters related to the Task Force and will be responsible for opening, monitoring, directing and closing Task Force investigations in accordance with ATF policy and the applicable United States Attorney General's Guidelines. Assignments will be based on, but not limited to, experience. training and performance, in addition to the discretion of the ATF supervisor. All investigative reports will be prepared utilizing ATF's investigative case management system, (N-Force) utilizing ATF case report numbers. The participating agency will share investigative reports, findings. intelligence, etc., in furtherance of the mission of this agreement, to the fullest extent allowed by law. For the purposes of uniformity, there will be no duplication of reports, but rather a single report prepared by a designated individual which can be duplicated as necessary. Every effort should be made to document investigative activity on ATF Reports of Investigation (ROI), unless otherwise agreed to by ATF and the participating agency(ies). This section does not preclude the necessity of individual TFOs to complete forms required by their employing agency. ATF JLEO Task Force MOU - March 2021, v2 Page 4 Information will be freely shared among the TFOs and ATF personnel with the understanding that all investigative information will be kept strictly confidential and will only be used in furtherance of criminal investigations. No information gathered during the course of the Task Force, to include informal communications between TFOs and ATF personnel, may be disseminated to any third party, non -task force member by any task force member without the express permission of the ATF Special Agent in Charge or his/her designee. Any public requests for access to the records or any disclosures of information obtained by task force members during Task Force investigations will be handled in accordance with applicable statutes, regulations, and policies pursuant to the Freedom of Information Act and the Privacy Act and other applicable federal and/or state statutes and regulations. INVESTIGATIVE METHODS The parties agree to utilize Federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where state or local laws are more restrictive than comparable Federal law, investigative methods employed by state and local law enforcement agencies shall conform to those requirements, pending a decision as to a venue for prosecution. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policy and procedures of ATF. All Task Force operations will be conducted and reviewed in accordance with applicable ATF and Department of Justice policy and guidelines. None of the parties to this MOU will knowingly seek investigations under this MOU that would cause a conflict with any ongoing investigation of an agency not party to this MOU. It is incumbent upon each participating agency to notify its personnel regarding the Task Force's areas of concern and jurisdiction. All law enforcement actions will be coordinated and cooperatively carried out by all parties to this MOU. INFORMANTS ATF guidelines and policy regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by TFOs. Informants developed by TFOs may be registered as informants of their respective agencies for administrative purposes and handling. The policies and procedures of the participating agency with regard to handling informants will apply to all informants that the participating agency registers. In addition, it will be incumbent upon the registering participating agency to maintain a file with respect to the performance of all informants or witnesses it registers. All information obtained from an informant and relevant to matters within the jurisdiction of this MOU will be shared with all parties to this MOU. The registering agency will pay all reasonable and necessary informant expenses for each informant that a participating agency registers. ATF JLEO Task Force MOU — March 2021, v2 Page 5 DECONFLICTION Each participating agency agrees that the deconfliction process requires the sharing of certain operational information with the Task Force, which, if disclosed to unauthorized persons, could endanger law enforcement personnel and the public. As a result of this concern, each participating agency agrees to adopt security measures set forth herein: a. Each participating agency will assign primary and secondary points of contact. b. Each participating agency agrees to keep its points of contact list updated. The points of contact for this Task Force are: ATF: Miami Field Office II (F.I.R.E. Task Force) Group Supervisor Kyle Himel Miami Police Department: Major Jose A. Rodriguez. Investigative Support Section EVIDENCE Evidence will be maintained by the lead agency having jurisdiction in the court system intended for prosecution. Evidence generated from investigations initiated by a TFO or ATF special agent intended for Federal prosecution will be placed in the ATF designated vault, using the procedures found in ATF orders. All firearms seized by a TFO must be submitted for fingerprint and DNA analysis and for a National Integrated Ballistic Information Network (NIBIN) examination. Once all analyses are completed, all firearms seized under Federal law shall be placed into the ATF designated vault for proper storage. All firearms information/descriptions taken into ATF custody must be submitted to ATF's National Tracing Center. JURISDICTION/PROSECUTIONS Cases will be reviewed by the ATF Special Agent in Charge or his/her designee in consultation with the participating agency and the United States Attorney's Office and appropriate State's attorney offices, to determine whether cases will be referred for prosecution to the U.S. Attorney's Office or to the relevant State's attorney's office. This determination will be based upon which level of prosecution will best serve the interests of justice and the greatest overall benefit to the public. Any question that arises pertaining to prosecution will be resolved through discussion among the investigative agencies and prosecuting entities having an interest in the matter. In the event that a state or local matter is developed that is outside the jurisdiction of ATF or it is decided that a case will be prosecuted on the state or local level, ATF will provide all relevant information to state and local authorities, subject to Federal law. Whether to continue investigation of state and local crimes is at the sole discretion of the state or local participating agency. ATF jLEO Task Force MOU - March 2021, v2 Page 6 USE OF FORCE All fulltime TFOs will comply with ATF and the Department of Justice's (DOJ's) Use of Force orders and policies. TFOs must be briefed on ATF's and DOJ's Use of Force policy by an ATF official, and will be provided with a copy of such policy. BODY WORN CAMERAS AND TASK FORCE OFFICERS In accordance with DOJ policy, dated October 29, 2020, Body Worn Cameras (BWCs) may be worn by TFOs operating on a Federal Task Force when their parent agency mandates their use by personnel assigned to the task force. In such cases, the parent agency must formally request to participate in the TFO BWC program and, upon approval, shall comply with all DOJ and ATF policies, and the required procedures, documentation, and reporting while participating on the task force. MEDIA Media relations will be handled by ATF and the U.S. Attorney's Office's public information officers in coordination with each participating agency. Information for press releases will be reviewed and mutually agreed upon by all participating agencies, who will take part in press conferences. Assigned personnel will be informed not to give statements to the media concerning any ongoing investigation or prosecution under this MOU without the concurrence of the other participants and, when appropriate, the relevant prosecutor's office. All personnel from the participating agencies shall strictly adhere to the requirements of Title 26, United States Code, § 6103. Disclosure of tax return information and tax information acquired during the course of investigations involving National Firearms Act (NFA) firearms as defined in 26 U.S.C., Chapter 53 shall not be made except as provided by law. SALARY/OVERTIME COMPENSATION During the period of the MOU, participating agencies will provide for the salary and employment benefits of their respective employees. All participating agencies will retain control over their employees' work hours. including the approval of overtime. However, due to the nature of the Task Force, there is a significant propensity for activity and engagement by agents and TFOs beyond the regular work schedule. ATF may have funds available to reimburse overtime to the State and Local TFO's agency, subject to the guidelines of the Department of Justice Asset Forfeiture Fund. This funding would be available under the terms of a memorandum of agreement (MOA) established pursuant to the provisions of 28 U.S.C. section 524. The participating agency agrees to abide by the applicable Federal law and policy with regard to the payment of overtime from the Department of Justice Asset Forfeiture Fund. The participating agency must be recognized under State law as a law enforcement agency and their officers/ troopers/investigators as sworn law enforcement officers. If required or requested, the participating agency shall be responsible for demonstrating to the Department of Justice that its personnel are law enforcement officers for the purpose of overtime ATF JLEO Task Force MOU - March 2021, v2 Page 7 payment from the Department of Justice Asset Forfeiture Fund. This MOU is not a funding document. In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in Charge or designee shall be responsible for certifying reimbursement requests for overtime expenses incurred as a result of this agreement. AUDIT INFORMATION Operations under this MOU are subject to audit by ATF, the Department of Justice's Office of the Inspector General, the Government Accountability Office, and other Government -designated auditors. Participating agencies agree to permit such audits and to maintain all records relating to Department of Justice Asset Forfeiture Fund payments for expenses either incurred during the course of this Task Force or for a period of not less than three (3) years and, if an audit is being conducted, until such time that the audit is officially completed. whichever is greater. FORFEITURES/SEIZURES All assets seized for administrative forfeiture will be seized and forfeited in compliance with the rules and regulations set forth by the U.S. Department of Justice Asset Forfeiture guidelines. When the size or composition of the item(s) seized make it impossible for ATF to store it, any of the participating agencies having the storage facilities to handle the seized property agree to store the property at no charge and to maintain the property in the same condition as when it was first taken into custody. The agency storing said seized property agrees not to dispose of the property until authorized to do so by ATF. The MOU provides that proceeds from forfeitures will be shared, with sharing percentages based upon the U.S. Department of Justice Asset Forfeiture policies on equitable sharing of assets, such as determining the level of involvement by each participating agency. Task Force assets seized through administrative forfeiture will be distributed in equitable amounts based upon the number of full-time persons committed by each participating agency. Should it become impossible to separate the assets into equal shares. it will be the responsibility of all the participating agencies to come to an equitable decision. If this process fails and an impasse results, ATF will become the final arbitrator of the distributive shares for the participating agencies DISPUTE RESOLUTION In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the Task Force's goals and objectives. The parties to this MOU agree to attempt to resolve any disputes regarding jurisdiction, case assignments and workload at the lowest level possible. LIABILITY ATF JLEO Task Force MOU - March 2021, v2 Page 8 ATF acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its officers and employees, including TFOs, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Tort Claims Act. Claims against the United States for injury or loss of property, personal injury, or death arising or resulting from the negligent or wrongful act or omission of any Federal employee while acting within the scope of his or her office or employment are governed by the Federal Tort Claims Act, 28 U.S.C. sections 1346(b), 2672-2680 (unless the claim arises from a violation of the Constitution of the United States, or a violation of a statute of the United States under which other recovery is authorized). Except as otherwise provided, the parties agree to be solely responsible for the negligent or wrongful acts or omissions of their respective employees and will not seek financial contributions from the other for such acts or omissions. Legal representation by the United States is determined by the United States Department of Justice on a case -by -case basis. ATF cannot guarantee the United States will provide legal representation to any State or local law enforcement officer. Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of this MOU will be the sole responsibility of the respective agent or officer and agency involved. DURATION This MOU is effective with the signatures of all parties and terminates at the close of business on September 30, 2026. This MOU supersedes previously signed MOUs and shall remain in effect until the aforementioned expiration date or until it is terminated in writing (to include electronic mail and facsimile), whichever comes first. All participating agencies agree that no agency shall withdraw from the Task Force without providing ninety (90) days written notice to other participating agencies. If any participating agency withdraws from the Task Force prior to its termination, the remaining participating agencies shall determine the distributive share of assets for the withdrawing agency, in accordance with Department of Justice guidelines and directives. The MOU shall be deemed terminated at the time all participating agencies withdraw and ATF elects not to replace such members, or in the event ATF unilaterally terminates the MOU upon 90 days written notice to all the remaining participating agencies. MODIFICATIONS This agreement may be modified at any time by written consent of all participating agencies. Modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. ATF JLEO Task Force MOU — March 2021, v2 Page 9 SIGNATURES Manuel A. Morales Interim Chief of Police Miami Police Department CHRISTOPHER ROBINSON tdf'L'I!'r Date Digitally signed by CHRISTOPHER ROBINSON Date: 2021.11.0? 13:59:53 -04'00' Robert Cekada Special Agent in Charge, ATF Miami Field Division Date ATF ILEO Task Force MOU - March 2021, v2 Page 10 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Memorandum of Understanding F.I.R.E Task Force CITY OF MIAMI, a Florida Municipal Corporation By: Arthur Noriega Verity Manager Attest: Todd B. Hanno , •l Jerk Approved as to Form and Correctness: By: Vitoria Mendez, City kttorney (JCP - 21-2432 - Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) - F.I.R.E. Task Force) Approved as to Insurance Requirements: 6a_ Date: Date: 10/20/21 By: i Date: Ann -Marie Sharpe, Director of Risk Management 10/6/21 Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Saunlett, Joy <6272@miami-police.org> Tuesday, October 13, 2026 1:04 PM Garcia, Aida; Garcia, Aida L- Police; Olivera, Rosemary; Nodar, Alexander- Police; Rodriguez, Jose A. (Major)- Police Blanco, Jorge- Police ATF F.I.R.E MOU - Matter ID.: #26-2794 ATF_FIRE_MOU.pdf CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon: Attached please find the fully executed agreement for the above -mentioned matter. Thank you and stay safe. Joy Saunlett I Administrative Assistant [ Business Management Section oy.saunlett(a miami-police.org 400 NW Avenue, Miami, FL 33128 ! (305-603-6196 I 305-579-6634 i