Agreement-MOU with Bureau of Alcohol, Tobacco, Firearms, and Explosives

MEMORANDUM OF UNDERSTANDING REGARDING THE 
NIBIN ENFORCEMENT SUPPORT SYSTEM (NESS) 
Memorandum of Understanding 
between 
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 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 firearms violence through aggressive 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 
_________________________________, hereinafter collectively referred to as “the Parties,” and with 
_________________________________ 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 firearms violence, identify 
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. 
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 derived 
from, among other things, 28 U.S.C. § 599A, 18 U.S.C. § 3051, 27 CFR § 0.130, and, specifically, 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.
Glendale Police Department
Glendale Police Department
Glendale Police Department

Article II. Background 
 
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 firearms play in violent 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 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. 
 
 
Article IV. Interagency Communications 
 
The Parties agree that a principal POC within each organization shall coordinate all communications 
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: 
 
ATF Field Division 
Name 
 
Address 
 
Designated ATF 
Primary POC 
Designated ATF 
Alternate POC 
Name: 
 
 
Title: 
 
 
Email Address: 
 
 
Phone #: 
 
 
Phoenix 
40 N. Central Ave Ste. 1000 
Phoenix, AZ 85004
Norman Vijevic Jr
Jason Schmidt
Acting Field Intelligence Supervisor
Group Supervisor
norman.vijevic@atf.gov
jason.schmidt@atf.gov
(312) 813-9564
(602) 803-3114

NESS Partner Agency 
Name 
Address 
Designated NESS Partner 
Agency Primary POC 
Designated NESS Partner 
Agency Alternate POC 
Name: 
Title: 
Phone #: 
Email Address: 
Date of Birth: 
Signature: 
Date: 
NESS Partner Agency ORIs 
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
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,
Glendale Police Department
6835 N. 57th Dr 
Glendale, AZ 85301
Brian Piech
Lacey Tolbert
Detective
Sergeant
(623) 930-3160
(623) 930-3146
BPiech@Glendaleaz.com
LTolbert@glendaleaz.com
SIGN
SIGN

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 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 Form.
g. Use information generated and retrieved pursuant to this MOU, only for the purpose(s)
identified 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 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 Partner 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 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 officer 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 reflects 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 
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 Federal and any applicable non-
conflicting state 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.” 
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 administrative 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 remaining 
provisions shall remain in force and unaffected to the fullest 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 modified only by written 
agreement and mutual consent of the Parties. Parties to this MOU may terminate their participation at 
any time upon a seven (7) day written notification 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 from the NESS Partner 
Agency, subject to Federal law and regulations. 
Article IX. Liability 
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 (FTCA – 28 U.S.C. § 1346). 
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 XI. 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 
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. ATF will not

fund the costs associated with a NESS Partner Agency who chooses to manipulate their internal data 
structure for data communication and transfer reasons. 
Article XII. Limitations of the Agreement 
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 (financial 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 ATF makes no guarantee that said
information will always be 100% 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-Deficiency Act, 31 U.S.C. Section 1341, or other applicable laws.
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 representations
or statements of any kind made by either Party, 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 conflict 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.

Article XIII. 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. 
ATF 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) 
_____________________________________ 
____________________________________ 
Name  
Name 
_____________________________________ 
Special Agent in Charge 
Title 
 
Title 
_____________________________________ 
____________________________________ 
NESS Partner Agency 
ATF Field Division 
___________________________________ 
Signature 
  
 
Date 
___________________________________ 
            Name 
Chief, Firearms Operations Division______ 
            Title 
v4 (4/7/2022)
SIGN
Chris Briggs
Chief of Police
Glendale Police Department
SIGN
Brendan Iber
Phoenix 
SIGN

Memorandum of Understanding Regarding the NIBIN 
Enforcement Support System (NESS) 
 
ATTEST: 
 
 
 
_______________________________________ 
Julie K. Bower, City Clerk  
(SEAL) 
 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
______________________________________ 
Michael D. Bailey, City Attorney