HomeMy WebLinkAbout4577 Resolution - ILA - MOU with AFT for NIBIN
Resolution - MOU with ATF for Participation in the NIBIN Program - 1
RESOLUTION NO. 4577
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE CITY OF
PASCO FOR PARTICIPATION IN THE NATIONAL INTEGRATED
BALLISTIC INFORMATION NETWORK (NIBIN) PROGRAM.
WHEREAS, the City of Pasco, Washington (City) and the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) desire to enter into this Memorandum of Understanding to
participate in the National Integrated Ballistic Information Network (NIBIN) program; and
WHEREAS, the City is committed to fostering public safety and reducing gun violence in
the community; and
WHEREAS, the City recognizes the importance of leveraging technology and data-
sharing to enhance its investigative capabilities, particularly in firearm-related crimes; and
WHEREAS, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) manages
the National Integrated Ballistic Information Network (NIBIN) program, a critical tool in
investigating and solving firearm crimes through the forensic analysis of ballistic evidence; and
WHEREAS, the City desires to participate in the NIBIN program and to formalize this
partnership through a Memorandum of Understanding (MOU), attached hereto as Exhibit A; and
WHEREAS, participation in the NIBIN program will enable the Pasco Police Department
to submit ballistic evidence for analysis, share critical intelligence, and enhance collaborative
investigations with ATF and other participating agencies; and
WHEREAS, the MOU defines the roles, responsibilities, data-sharing expectations, and
operational framework governing Pasco Police Department’s participation in the NIBIN program;
and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
Memorandum of Understanding with the ATF for participation in the NIBIN program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and
Resolution - MOU with ATF for Participation in the NIBIN Program - 2
Explosives and the City of Pasco; a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of
the City of Pasco.
Be It Further Resolved, that the City Council of the City of Pasco hereby delegates
authority to sign any future extensions of said Agreement to the City Manager, or his or her
designee.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 17th day of March,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
MEMORANDUM OF UNDERSTANDING REGARDING THE
NIBIN ENFORCEMENT SUPPORT SYSTEM (NESS)
Memorandum of Understanding
between
Pasco Police Department
and the
Bureau of Alcohol,Tobacco,Firearms and Explosives
EI'IIE lEI'I
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 connection.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 ?rearms violence through aggressive identi?cation,
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 ?rearms,and sources of crime guns.This Memorandum of Understanding (MOU)
establishes and de?nes 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 ?rearms violence,identify shooters and sources of crime
guns,and refer them for prosecution.
This MOU is entered into by the US.Department of Justice (DOJ),ATF,and
Pam Police Department ,hereinafter collectively referred to as “the Parties,”and with
Pasco Police Dcpartment 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”.
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 ?rearms violence,identify
shooters,and their sources of crime guns.The NESS Partner Agency aclmowledges that ATF and the
NESS program will assist Federal,State,Tribal,and local law enforcement and public safety agencies
in combatting ?rearms violence.
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 ?rearms.ATF’s authority is derived
from,among other things,28 U.S.C.§599A,18 U.S.C.§3051,27 CFR §0.130,and,speci?cally,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.
Exhibit A
WM
ATF is a law enforcement organization within DOJ with unique responsibilities dedicated to reducing
violent crime and protecting the public.ATF recognizes the role that ?rearms play in violent crimes
and pursues an integrated enforcement and regulatory strategy.Investigative priorities focus on armed
violent offenders and career criminals,armed narcotics traf?ckers,violent gangs,and domestic and
international arms traf?ckers.
W
The purpose of this MOU is to establish an interagency agreement governing the access and utilization
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 respective 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.
This MOU is effective upon the date of the last signature by the authorized representatives of the
Parties and shall remain in effect until terminated by either Party
E'IDZII C ..
The Parties agree that a principal POC Within each organization shall coordinate all communication
sandtasksunderthisMOU.To ensure access is permitted to all NESS Partner Agency data,an
Originating Agency Identi?er (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
Seattle Field Division
Address 1521 1st Avenue South #600
Seattle,WA 98134
Name:
Title:
Email Address:
Phone #2
Designated ATF
Prima POC
Hoshihito Kondo
Special Agent
Hosh??to.Kondo@atf.gov
(208)972-2719
Designated ATF
Alternate POC
Catherine Cole
Group Supervisor
Catherine.Colc@a1£gov
(206)348-9717
ATF Field Division
Name
Pasco Police Department
215 W SYLVESTER ST
PASCO,WA 99301
Designated NESS Partner Designated NESS Partner
A enc Prima POC A enc Alternate POC
JEFF HARPSTER ASHLEY HAWORTH
CAPTIAN EVIDENCE TECHNICIAN
(509)727-8522 (509)545-3493
HARPSTERJ@PASCO-WA.GOV LUCASA@PASCO—WA.GOV
8/2/1989
NESS Partner Agency
Address
Name:
Title:
Phone #:
Email Address:
Date of Birth:
Signature:
Date:
NESS Partner Agency ORIs
WAOl 10200
5.11:3 .11..IE I
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
personnel,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 Form if the POC changes.
d.Agree to make every effort to provide complete and accurate information including
investigative 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,
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locations,associated persons,etc.Partner Agencies that make a commitment to comprehensive
data sharing with ATF will be provided an information platform for developing the best local
investigative strategies for their community in the reduction of ?rearm related crime and
violence.
e.Share the results of NH31N 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 Identi?er Form.
g.Use information generated and retrieved pursuant to this MOU,only for the purpose(s)
identi?ed in the Agreement.
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 AT F and the NESS Partner Agency.
1)
2)
3)
4)
Maintain the NESS application and share NIBIN Leads with the NESS Paitner Agency.
Upon receipt of this signed MOU,provide detailed instructions to the ?eld division POCs
on the process of requesting and receiving NESS User access for the NESS Partner Agency.
Maintain a copy of this MOU along with any associated User agreements.
Review all applications for NESS User access in a timely manner and facilitate the
provisioning of accounts.
Upon receipt of a request for account revocation,FOD will immediately deactivate said User
account.
b.FOD shall:
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A'l i'n
Both ATF and the NESS Partner Agency acknowledge their understanding that the NESS application
is “LAW ENFORCEMENT SENSITIVE”and intended “FOR OFFICIAL LAW ENFORCEMENT
USE ONLY.”Failure to protect and safeguard such data from loss,misuse,or unauthorized access
could adversely affect law enforcement operations,including those areas related to of?cer safety,as
well as,the fair and equitable administration of justice,and the privacy of individuals.
Information within NESS is to be used for investigative purposes only.NESS data re?ects a
compilation of information from multiple data sources and should not be relied upon as evidence.
Investigators must collect original reports for any evidentiary purposes.NESS information should not
be used to develop statistics or for reporting purposes.By providing your agency with NESS,ATF is
not waiving any privileges that prevent further disclosure of the materials.No information contained
therein may be duplicated,reproduced,or disseminated without the express authorization of ATF
and/or the Originating Partner Agency,except as may be required by State or Federal law or court of
competent jurisdiction.In accordance with Paragraph 10,Article XII,the NESS Partner Agency
agrees to notify ATF prior to such a release.
The Federal government may monitor and audit usage of this system,and all persons are hereby
noti?ed 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
?rearms 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 Federal and any applicable non-
con?icting state law.The Parties agree to notify all other Parties to the MOU prior to the release of
any sensitive ?rearms 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 de?ne a “crime gun’as “any ?rearm illegally possessed,used in a crime,or
suspected by law enforcement of?cials of having been used in a crime.”
A'A'lL
The applicablestatutes,regulations,directives,and procedures of the United States,DO],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 speci?c actions agreed to herein shall be subject to funding and administrative or
legislative approvals.
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Am‘glg ?II,Mg?ifigg?gns and Igrmina?gns
This MOU shall not affect any pre-existing or independent relationships or obligations between the
Parties.If any provision of this MOU is determined to be invalid or unenforceable,the remaining
provisions shall remain in force and unaffected to the ?illest extent permitted by law and regulation.
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 modi?ed only by written
agreement and mutual consent of the Parties.Parties to this MOU may terminate their participationat
any time upon a seven (7)day written noti?cation of their intent to withdraw to the other Party.If
either Party terminates this MOU,ATF will retain all of its interest in the electronically stored
information contained in the NESS database.
Termination of the MOU by either Party will result in the revocation of all NESS accounts established
under this Agreement.However,after termination,ATF agrees to provide to the NESS Partner Agency
continued access to the NIBIN data associated with only cases originating ?'om the NESS Partner
Agency,subject to Federal law and regulations.
3.]IXI'IT
Each Party shall assume the responsibility and liability for the acts and omissions of its own
employees or agents in connection with the performance of their obligations under this Agreement
that are executed within the scope of their employment,including claims for injury,loss or
damage to personal property or death,except in the case of the federal Government,liability shall
be determined pursuant to the Federal Tort Claims Act (F TCA —28 U.S.C.§1346).
No third party is intended to bene?t 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.
Am'glg XI [Jsgr A§§§§§
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;Of?ce of the Inspector General;the General Accounting Of?ce;and other
auditors designated by the U.S.Government.
W
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
requirements 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,but no guarantees as to when
repairs will be completed.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.AT F will not
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fund the costs associated with a NESS Partner Agency who chooses to manipulate their internal data
structure for data communication and transfer reasons.
3.12‘111..||.[ll
1.Relationship between the Parties:The relationship between the Parties to this Agreement is and
shall remain that of independent departments and entities.Nothing herein shall be construed to imply
that either Party’s employees are employees of the other.
2.Resources:This MOU does not require that the Parties are to contribute resources (?nancial or
otherwise)to each other.
3.Letters of Understanding:The Parties are responsible for establishing relevant letters of
understanding or interagency agreements initiated or required as a consequence of this MOU.
4.No Guarantee:The NESS Partner Agency acknowledges that information is input into the NESS
system based on data collected and available at the time,and that ATP makes no guarantee that said
information will always be l00%accurate or up to date.
5.Anti-Deficiency Act:The obligations in this MOU are subject to the availability of the necessary
resources to the Parties.No provision of this MOU shall be interpreted to require obligation or payment
of funds in violation of the Anti-De?ciency Act,31 U.S.C.Section 1341,or other applicablelaws.
6.Entire Agreement:The mutual covenants and terms represent the entire Agreement and
understanding of the Parties with respect to the subject matter hereof and supersede all prior and
contemporaneous agreements and understandings relative to such subject matters.No representation
sorstatementsofanykindmadebyeitherParty,which are not expressly stated herein,shall be binding
on such Party.
7.Waiver:Failure or delay on the part of any Party to exercise any right,remedy,power or privilege
hereunder shall not operate as a waiver thereof.A waiver,to be effective,must be in writing and signed
by the Party making the waiver.A written waiver of a default shall not operate as a waiver of any
other default or of the same type default on a future occasion.
8.Severability:A determination that any term of this MOU is invalid for any reason shall not affect
the validity of the remaining terms.
9.Governing Law:The terms and provisions in this Agreement shall be construed under the
applicable federal laws,in conjunction with state and local laws that do not con?ict with the federal
mandates.
10.Release of Information:Releases to the media or third parties,judicial demands,public
announcements,Freedom of Information Act/Privacy Act/Open Records requests,and
communications with Congress concerning information generated and retrieved pursuant to this MOU
shall be addressed by the Parties following coordination by authorized representatives of each Party
NameName
S ecial A cut in Char e
Title
Pasco Police Department Seattle Field Division
NESS Partner Agency ATF Field Division
E'IXIIIC I'
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 ofthis
cooperation and coordination will be the successful prosecution of illegal ?rearm 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.
ATP and the NESS Partner Agency hereby agree to abide by the terms and conditions of this MOU,
including any appendices,and all policies of the NESS Program.In witness whereof,the parties have
hereby executed this MOU.
Signature Date Signature Date
(Chief Law Enforcement or Public Safety Official)(ATF -Special Agent in Charge)
Jonathan E.Blais
Signature
Will Panoke
Name
Chief Firearms O erations Division
Title
v4 (4/7/1022)
Date
Title