HomeMy WebLinkAboutR-2021-154 Resolution authorizing a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the NIBIN Enforcement Support System (NESS)A RESOLUTION
RESOLUTION NO. R-2021-154
authorizing a Memorandum of Understanding with the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the
NIBIN Enforcement Support System (NESS)
WHEREAS, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
seeks to provide access to the NIBIN Enforcement Support system to the City of
Yakima; and,
WHEREAS, the Memorandum of Understanding sets forth the conditions of
cooperation between the parties and the obligations of each party; and,
WHEREAS, the City Council deems it to be in the best interest of the City to
approve the agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
sign the Memorandum of Understanding regarding the NIBIN Enforcement
Support System with the Bureau of Alcohol, Tobacco, Firearms and Explosives,
which is hereby incorporated by reference.
ADOPTED BY THE CITY COUNCIL this 16th day of November, 2021.
Patricia
ATTEST:
sbnyaClaa Tee, City Clerk
ers, Mayor
MEMO NDUM OF UNDERSTANDING REGA ' 1 ING THE
. .
NIBIN ENFORCEMENT SUPPORT SYSTEM (NESS)
Memorandum of Understanding
between
Yakima Police Department
and the
Bureau of Alcohol, Tobacco, Firearms and Explosives
Article I. Purpose and Authority
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is extending their on -going
commitment to the law enforcement community by providing participating agencies with access
to National Integrated Ballistic Information Network (NIBIN) data. The agency will be able to
access NIBIN data through the NIBIN Enforcement Support System (NESS) via an Internet con-
nection. The NESS application allows ATF to collect, analyze, refer, and track NIBIN and other
crime gun data. Access will facilitate information sharing and provide near real-time intelligence
to participating agencies. The mission of the program is to reduce firearms violence through ag-
gressive identification, investigation, and prosecution of shooters and their sources of crime guns.
ATF has made a concerted effort to leverage existing information technology to better assist law
enforcement agencies in the investigation of shooters and other armed violent offenders, prohibited
persons possessing firearms and sources of crime guns. This Memorandum of Understanding
(MOU) establishes and defines a partnership between the parties that will result in ATF NESS
installation, operation, and administration for the dissemination of crime gun data to enhance the
efforts of law enforcement to integrate resources to reduce firearms violence, identify shooters and
sources of crime guns, and refer them for prosecution.
This MOU is entered into by the U.S. Department of Justice (DOJ), ATF, and
Yakima Police Departrnent , hereinafter collectively referred to as "the parties," and with
Yakima Police Department referred to as the "NESS Partner Agency." This MOU will refer to
individuals employed and authorized for NESS access by the NESS Partner Agency as "Users".
This MOU is established pursuant to the authority of the participants to engage in activities related
to the investigation and suppression of violent crimes involving firearms. ATF's authority is de-
rived from, among other things, 28 U.S.C. § 599A, 18 U.S.C. § 3051, 27 CFR § 0.130, and, spe-
cifically, the Gun Control Act of 1968, 18 U.S.C. Chapter 44 and the National Firearms Act, 26
U.S.C. Chapter 53. The parties enter into this MOU pursuant to 31 U.S.C. § 6305.
Article II. Background.
ATF is a law enforcement organization within DOJ with unique responsibilities dedicated to re-
ducing violent crime and protecting the public. ATF recognizes the role that firearms play in vio-
lent crimes and pursues an integrated enforcement and regulatory strategy. Investigative priorities
focus on armed violent offenders and career criminals, armed narcotics traffickers, violent gangs,
and domestic and international arms traffickers.
Article III. Scope
The purpose of this MOU is to establish an interagency agreement governing the access and utili-
zation of NESS. In addition, the MOU will designate a primary and alternate point of contact
(POC) for the NESS Partner Agency. The agency POC will ensure adherence to the MOU between
ATF and NESS Partner Agency Users. These POCs shall also identify individuals from their re-
spective agencies who will require system access, periodically validate the list of Users, and to
notify an ATF POC immediately if it becomes necessary to revoke or suspend a User's account.
Article IV. Interagency Communications
The Parties agree that a principal POC within each organization shall coordinate all communica-
tions and tasks under this MOU. To ensure access is permitted to all NESS Partner Agency data,
an Originating Agency Identifier (ORI Code) must be provided for each ORI code used by the
NESS Partner Agency. The ATF POC can assist the NESS Partner Agency in determining what
ORI Codes are appropriate. The designated POCs shall be as follows:
Name
Address
ivisiott
Seattle Field Division, Yakima Field Office
1209 Ahtanum Ridge Drive Suite C
Union Gap, WA 98903
Designated ATF
Primary POC
Designated ATF
Alternate POC
Name:
Nicholas Kingston
James Butler
Title:
A/RAC
S/A
Email Address:
nicholas.kingston@atigov
james.butler@atf.gov
Phone #:
281-906-1922
509-496-7116
NESS Partner Age
Name
Yakima Police Department
Address
Name:
Title:
200 South Third Street
Yakima, WA 98901
Designated NESS Partner Designated NESS Partner
A! enc Prima POC Agency Alternate POC
Dustin Soptich Thomas Garza
Sergeant
Detective
Phone #:
Email Address:
Date of Birth:
Signature:
Date:
509-424-2252 509-424-1968
dustin.soptich@yakimawa.gov thornas,garzanyakimawa.gov
02ani
Dustin Soptich
12/20/21
* Thomas Garza
12/20/21
NESS Partner Agency ORIs
WA0390500
Article V. Responsibilities and Procedures
In becoming an approved NESS Partner Agency of the NESS application, the involved parties
hereby acknowledge and accept the following responsibilities and procedures:
1. Responsibilities of the NESS Partner Agency. The NESS Partner Agency shall:
a. Appoint primary and alternate POCs within your agency (see table above). The appointed
individuals will be responsible for creating, coordinating, and maintaining a list of all per-
sonnel, and determining the access levels for Users within the Partner Agency who will
require access to NESS.
b. The designated POC(s) will immediately notify ATF in the event that a User's account
needs to be suspended or revoked for any number of reasons, including (but not limited to)
employee transfer, retirement, or release from employment.
c. Complete a Request for Change of Agency Point of Contact (POC) Form if the POC
changes.
d. Agree to make every effort to provide complete and accurate information including inves-
tigative reports and data related to NIBIN linked shootings and gun recoveries, to the fullest
extent allowed by law. This includes general event data including case numbers, dates,
locations, associated persons, etc. Partner Agencies that make a commitment to compre-
hensive data sharing with ATF will be provided an information platform for developing
the best local investigative strategies for their community in the reduction of firearm related
crime and violence.
e. Share the results of NIBIN leads/hits including arrest and prosecution data with ATF via
the NESS application.
f. Provide a list of ORI numbers for the NESS Partner Agency (see table above), which will
allow NESS to associate Users to the correct NESS Partner Agency NIBIN data. If the
NESS Partner Agency needs to add or remove ORI numbers, it shall submit a completed
Amendment of Originating Agency Identifier (ORI) Form.
2. Responsibilities of the Bureau of Alcohol, Tobacco, Firearms and Explosives:
a. The ATF Field Division shall:
1) Appoint primary and alternate ATF POCs.
2) Coordinate all communications and tasks listed under this MOU and serve as a liaison
between the NESS Partner Agency POC and ATF's Firearms Operations Division
(FOD).
3) Ensure data sharing processes between ATF and the NESS Partner Agency.
b. FOD shall:
1) Maintain the NESS application and share NIBIN Leads with the NESS Partner Agency.
2) Upon receipt of this signed MOU, provide detailed instructions to the field division
POCs on the process of requesting and receiving NESS User access for the NESS Part-
ner Agency.
3) Maintain a copy of this MOU along with any associated User agreements.
4) Review all applications for NESS User access in a timely manner and facilitate the
provisioning of accounts.
5) Upon receipt of a request for account revocation, FOD will immediately deactivate said
User account.
Article VI. Conditions
Both ATF and the NESS Partner Agency acknowledge their understanding that the NESS appli-
cation is "LAW ENFORCEMENT SENSITIVE" and intended "FOR OFFICIAL LAW EN-
FORCEMENT USE ONLY." Failure to protect and safeguard such data from loss, misuse, or
unauthorized access could adversely affect law enforcement operations, including those areas re-
lated to officer safety, as well as, the fair and equitable administration of justice, and the privacy
of individuals.
The Federal government may monitor and audit usage of this system, and all persons are hereby
notified that use of this system constitutes consent to such monitoring and auditing. Unauthorized
attempts to upload information and/or change information on NESS are strictly prohibited and are
subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. §§
1001 and 1030.
The parties agree that premature disclosure of NESS data can reasonably be expected to interfere
with pending or prospective law enforcement proceedings. It is agreed that the law enforcement
sensitive firearms information generated pursuant to this agreement shall not be disclosed to a third
party without the consent of both parties of this agreement, subject to State and Federal law. The
parties agree to notify all other parties to the MOU prior to the release of any sensitive firearms
information to a third party under State or Federal law. The parties acknowledge that NESS shall
only be used for law enforcement purposes.
The parties agree to define a "crime gun' as "any firearm illegally possessed, used in a crime, or
suspected by law enforcement officials of having been used in a crime."
The parties agree that it is the public interest to enhance cooperation among Federal, State, Tribal,
and local enforcement and public safety agencies with regard to reducing firearms violence, iden-
tify shooters, and their sources of crime guns. The NESS Partner Agency acknowledges that ATF
and the NESS program will assist Federal, State, Tribal, and local law enforcement and public
safety agencies in combatting firearms violence.
Article VII. Applicable Laws
The applicable statutes, regulations, directives, and procedures of the United States, DOJ, and ATF
shall govern this MOU and all documents and actions pursuant to it. Nothing in this MOU will
prevail over any Federal law, regulation, or other Federal rule recognized by ATF. This MOU is
not a funding document. All specific actions agreed to herein shall be subject to funding and ad-
ministrative or legislative approvals.
Article VIII. 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 remain-
ing provisions shall remain in force and unaffected to the fullest extent permitted by law and reg-
ulation.
Amendments to this MOU are effective upon the date of the last signature on the Amendment, by
the authorized representative(s) of the Parties. This MOU may be amended or modified only by
written agreement. Parties to this MOU may terminate their participation at any time upon written
notification of their intent to withdraw to the other Party. Termination of the MOU by either Party
will result in the revocation of all NESS accounts established under this agreement.
If either Party terminates this MOU, ATF will retain its interest in the electronically stored infor-
mation contained in the NESS database. After termination ATF agrees to provide to the NESS
Partner Agency continued access to the NIBIN data associated with cases originating from the
NESS Partner Agency, subject to Federal law and regulations.
Article IX. Liability
The NESS Partner hereby agrees to assume full and sole liability for any damage, injury, or harm
of any sort caused by operation and use of NESS or related to the use and interpretation of the
information contained in, processed by, or extracted from any database subject to this agreement
and the protocols and procedures of the NESS program to the fullest extent allowed by law.
No third party is intended to benefit or otherwise claim any rights whatsoever under this MOU.
The rights and obligations set out in the MOU run between the signatories to this MOU only.
Article X. User Access
Prior to gaining NESS access, each User shall execute a User Agreement and Rules of Behavior,
acknowledging that the operations described in this agreement are subject to audit by the ATF; the
U.S. Department of Justice; Office of the Inspector General; the General Accounting Office; and
other auditors designated by the U.S. Government.
Article XL Costs
The use of the NESS system is provided without charge to the NESS Partner Agency. ATF is not
responsible for costs associated with the NESS Partner Agency's computer hardware, computer
software (other than the NESS application), Internet connection(s), or other communications re-
quirements associated with their use of the NESS application. ATF will maintain access to the
NESS application furnished to the NESS Partner Agency and shall facilitate repairs to the NESS
application in an expeditious manner, subject to availability and funding. However, ATF will not
assume maintenance or repairs required as the result of improper use of the NESS application or
enhancements to the NESS application, as well as repairs to local computer hardware, computer
software, or communications problems. ATF will not fund the costs associated with a NESS Part-
ner Agency who chooses to manipulate their internal data structure for data communication and
transfer reasons.
Article I. Conclusion
It is the intent of the signatories that this MOU ensures coordination, cooperation and the mutual
conduct of enforcement and research activities relative to the NESS application. The result of this
cooperation and coordination will be the successful prosecution of illegal firearm crimes in State
and Federal jurisdictions as well as the development of an accurate picture of violent crime and
the inception of new strategies to effectively disrupt the cycle of violence.
This MOU is effective upon the date of the last signature by the authorized representative of the
parties and shall remain in effect for an unspecified time, wherein the authorized POC maintains
that position within the participating agency, unless terminated earlier in writing by either Party.
Amendments to this MOU are effective upon the date of the last signature on the Amendment, by
the authorized representative of the Parties. This MOU may be amended or modified only by writ-
ten agreement. Parties to this MOU may terminate their participation at any time upon written
notification of their intent to withdraw to all other Parties in the MOU. Termination of the MOU
by either Party will result in the revocation of all NESS accounts established under this agreement.
ATF and the NESS Partner hereby agree to abide by the terms and conditions of this MOU, in-
cluding any appendices, and all policies of the NESS Program. In witness whereof, the parties
have hereby executed this MOU.
Matt Murray
2788 01282,8,8871+m goy c
El.' 2021 12 07 12 02.22 0800'
12/7/21
JONATHAN Digitally signed by
JONATHAN MCPHERSON
MCPHERSON Dalc 2021 1221 123921
Signature Date Signature
(Chief Law Enforcement or Public Safety Official) (ATF — Special Agent in Charge)
iviatt Murray Jonathan McPherson
Name
Police Chief
Title
Name
Special Agent in Charge
Title
Yakima Police Department Seattle Field Division
NESS Partner Agency ATF Field Division
Digitally signed by Bob
Bob Harrison ipiaatrrie:
s2°On21.12.20 09:00:14
-0800'
Signature
(City Manager)
Robert Harrison
Name
Yakima Cit
Title
Date
Mana_er
CITY CONTRACT
RESOLUTION
JONATHAN Digitally signed by
JONATHAN MCPHERSON
MCPHERSON Date: 202112.21 12:40:09
4113.ThY
12/21/21
Date
12/21/21
Signature Date
Katherine Eberhardt
Name
Chief, Firearms Operations DiNiision
Title
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.N.
For Meeting of: November 16, 2021
Resolution authorizing a Memorandum of Understanding with the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
regarding the NI BI N Enforcement Support System (NESS)
Dustin Soptich, Sergeant
Matt Murray, Chief of Police
SUMMARY EXPLANATION:
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is extending their on -going
commitment to the law enforcement community by providing participating agencies with access to
National Integrated Ballistic Information Network (NIB! N) data. The Yakima Police Department
will be able to access NI BI N data through the NI BI N Enforcement Support System (NESS). The
NESS application allows ATF to collect, analyze, refer, and track NIB! N and other gun crime
data. Access will facilitate information sharing and provide near real-time intelligence.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
D resolution 11/5/2021
0 MOU 11/4/2021
Type
Corer Memo
Contract