RES 1997-0604 - Agmt with US bureau of alcohol, tobacco, and firearms for participation in CEASEFIRE program (.
/�t.
C i ola",A,NF4 RE C' F ,%1 u Omaha Police Department
�A�`,y °sf, J 505 South 15th Street
r!� 7 Omaha,Nebraska 68102-2769
�'►��fr�'�` , —7' RV 8: t6 (402)444-5600
® ', � '�► � 97 F E
oyR-_,N4`: James N.Skinner
Ati
o�1rFD eESR°ray Chief of Police
CITY CLERK
A
(402)444-5666
City of Omaha lM�i �f�+�• ` ( R IA K f FAX:444-4225
Hal Daub,Mayor
Honorable President
and Members of the City Council:
The Resolution attached to this letter provides for approval of an Inter-Local Cooperative Agreement
with the Bureau of Alcohol, Tobacco, and Firearms (ATF)and the Omaha Police Department (OPD).
The Agreement establishes a partnership between them to implement and operate the CEASEFIRE
Program.
The purpose of this Agreement is to improve the public safety and welfare for the citizens of Omaha
and Douglas County throughthe_cooperative efforts of the parties in the administration and operation
of CEASEFIRE. CEASEFIRE, a computerized ballistic comparison system, will enhance the
identification of illegal firearms traffickers and perpetrators of violent crimes committed with firearms.
In addition, this Inter-Local Agreement will assist federal, state, and local law enforcement agencies in
combatting firearm-related violence through tracing histories of crime guns in an effort to identify
firearm suppliers to the criminal element and the automated processing of firearm ballistic evidence.
No additional personnel will have to be hired in the implementation of this initiative.
Please feel free to ask me any questions you may have regarding this Agreement. Your passage of this
Resolution is respectfully requested.
Sincerely, Referred to the City Co ncil for Consideration:
-,,,,, _ ,ALA!--, 00/T7 ' . 2/c/9 7
Jim S ' er Mayor's Office
Chief Police Title ,
•
pp aved as to Funding: Approved:
:.• • ',10
• WWf7
Louis A. D'Ercole ActingDirector fc,._.- -- ' eor e Da s Jr. ActingDirector
Finance Department I`.' Human elations Department
JNS:LLR:lbc L0176(037)
DRUG USE �'
f:; (. 'i5 IS "44•., ¢ Iii
ABUSE :°' "
MEMORANDUM OF UNDERSTANDING
REGARDING THE OMAHA METROPOLITAN
CEASEFIRE PROGRAM
This memorandum of understanding(MOU)is entered into by the Bureau of Alcohol, Tobacco and
Firearms (ATF) and the Omaha Police Department to establish a partnership between them to
implement and operate the CEASEFIRE Program.
PURPOSE
The purpose of this memorandum is to outline the mission of the program. This memorandum will
formally identify the relationship between ATF, the Omaha Police Department, and any law
enforcement agencies desiring to participate in the policy, planning, operation procedures, and
evaluation of the CEASEFIRE Program as outlined in this memorandum.
MISSION
WHEREAS the parties acknowledge that violent crimes are being committed with firearms in the
Omaha metropolitan area; and,
WHEREAS the parties further acknowledge that it is in the public interest to enhance cooperation
among all Omaha metropolitan area law enforcement agencies with regards to identifying illegal
firearms traffickers and perpetrators of violent crimes committed with firearms; and,
WHEREAS the parties further acknowledge that currently firearms, expended bullets, and shell
casings are independently being confiscated and collected by all Omaha metropolitan area law
enforcement agencies, and are being warehoused without benefit of comparison to unsolved crimes;
and,
WHEREAS the parties further acknowledge that the goals of ATF's CEASEFIRE Initiative consist
of a comprehensive approach to assist federal, state and local law enforcement agencies in
combatting firearm related violence through tracing histories of crime guns in an effort to identify
firearm suppliers to the criminal element,and the automated processing of firearm ballistic evidence.
THEREFORE,the parties hereto agree to the following:
IMPLEMENTATION
A. Equipment
ATF agrees to furnish ATF-owned automated ballistic comparison equipment for use by the
Omaha Police Department to serve itself and the Omaha metropolitan law enforcement
agencies participating in the CEASEFIRE Program. The equipment will be either capable
of acquiring either electronic images or demographic data on ballistic and firearms evidence.
It will process and identify potential matches or evidence by a system analysis station either
collocated or accessed over electronic network at a remote site. Set-up of the equipment will
be provided by ATF. The equipment will be located, utilized, and stored at the Omaha
Police Department.
The Omaha Police Department agrees to cover the cost of installing and using
communication lines necessary to network the acquisition/input station, the data processor
and search terminal, and network access to other participating law enforcement agencies.
ATF will maintain all ATF-owned equipment and networking and replace inoperable or
outdated equipment. ATF agrees to provide upgrades to the equipment or software when
available. ATF will retain the right to remove the equipment upon the termination of either
party's participation in the CEASEFIRE Program. Any maintenance and/or repair costs
associated with the ATF-owned equipment will be paid by ATF.
The Omaha Police Department will provide laboratory space for the equipment and maintain
the necessary level of security to assure the integrity of the equipment; however, no greater
level of security will be required than is applied to similar Omaha Police Department
equipment and law enforcement records. In addition,this MOU should not be construed to
require any physical construction, other than what is necessary to install the equipment and
communication lines, except at the discretion of the Omaha Police Department.
B. Personnel
ATF agrees to provide sufficient personnel to oversee all network users and establish
standards and protocols for the users of the system.
The Omaha.Police Department agrees to provide technician personnel to operate the ATF-
owned ballistic comparison system. The Omaha Police Department will ensure that only
trained and qualified technicians will operate the equipment and that only trained and
qualified instructors will use the equipment for the training of new technicians. The
personnel will be under the management and control of the Omaha Police Department and
may be personnel currently employed by the City. This MOU should not be construed to
require the hiring of any new personnel, except at the discretion of the Omaha Police
Department.
C. Training
ATF will provide initial training, both on-site and at ATF laboratories, beyond that which
is provided by the manufacturer of the ATF-owned ballistic comparison system. The Omaha
Police Department shall be responsible for any additional training necessitated by upgrades
of equipment or software or by replacement of personnel.
- 2 -
The Omaha Police Department will develop participation rules which shall be accepted in
writing by participating law enforcement agencies prior to participation in the CEASEFIRE
Program.
F. Duration
This MOU will remain in effect for the duration of the program. The ATF or the Omaha
Police Department may cancel their participation at any time, except that either party must
provide ten (10) day written notification to the other party.
Funding for personnel, laboratory space, or any other obligation of the Omaha Police
Department is dependent upon the availability of funds allocated by the Omaha City Council
or Omaha Mayor.
This MOU will become effective upon the signature by ATF Special Agent in Charge J.
Robert Switzer, Kansas City Field Division, and Chief Jim Skinner, Omaha Police
Department; and approval by the Omaha City Council, if required by law. This MOU may
be amended by deletion or modification, or by addition of new provision(s), after written
concurrence by the participating agencies.
IN WITLESS WHEREOF,the parties have hereunto executed this Memorandum of Understanding
this day of (�9uc2,, 199:
Bureau of Alcohol, Tobacco, Omaha Police Department
and Firearm
By� 16‘7141By
d/e""t>
. Robert Switzer Jim . !inner
ATIfSpecial Agent in Charge Ch.- r, Omaha Police Department
Kansas City Field Division
P:\LAW\3471.MAF
•
- 4 -
AGREEMENT
THIS AGREEMENT is entered into by and between the CITY OF OMAHA, a municipal
corporation in Douglas County, Nebraska, also referred to as "City", and the BUREAU OF
ALCOHOL, TOBACCO,AND FIREARMS, an agency of the United States with its local place of
business at 106 South 15th Street, Omaha, Douglas County, Nebraska 68102, also referred to as
"ATF".
RECITALS
WHEREAS, the City of Omaha has the statutory authority to contract for equipment and
services for law enforcement functions,including the identification and tracing of ballistics evidence;
and,
WHEREAS, ATF is an agency exercising law enforcement functions which include the
identification and tracing of ballistics evidence; and,
WHEREAS, ATF is capable and desirous of providing equipment and services to the City
of Omaha in conjunction with its CEASEFIRE Program and the City desires to assist that agency
in that Program.
IN CONSIDERATION OF THESE MUTUAL COVENANTS,THE PARTIES AGREE AS
FOLLOWS:
I.
DUTIES OF THE CITY
The City, in fulfilling the conditions of this Contract, agrees and covenants with ATF to
perform all services and fulfill all obligations as more fully described in the attached Memorandum
of Understanding.
II.
DUTIES OF THE ATF
ATF, in fulfilling the conditions of this Contract, agrees and covenants with the City to
perform all services and fulfill all obligations as more fully described in the attached Memorandum
of Understanding.
III.
TERM
This Contract shall commence when signed on behalf of the parties and shall continue
throughout the term of the attached Memorandum of Understanding.
PROVISIONS OF THE CONTRACT
1. NONDISCRIMINATION
ATF shall not, in the performance of this contract, discriminate or permit discrimination in
violation of federal or state laws or local ordinances because of race, color, sex, age, political or
religious opinions, affiliations or national origin.
2. CAPTIONS
Captions used in this contract are for convenience and are not used in the construction of this
contract.
3. APPLICABLE LAW
Parties to this contract shall conform with all existing and applicable City ordinances,
resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska
law will govern the terms and the performance under this contract.
4. INTEREST OF THE CITY
Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or
employee of the City shall have a financial interest, direct or indirect, in any City contract. Any
violation of this section with the knowledge of the person or corporation contracting with the City
shall render the contract voidable by the Mayor or Council.
5. INTEREST OF ATF
ATF covenants that it presently has no interest and shall not acquire any interest, direct or
indirect,which would conflict with the performance of services required to be performed under this
contract; it further covenants that, in the performance of this contract, no person having any such
• interest shall be employed.
6. MERGER AND MODIFICATION
This contract shall not be merged into any other oral or written contract, lease or deed of any
type. This is the complete and full agreement of the parties. Further,this contract contains the entire
agreement of the parties. No representations were made or relied upon by either party other than
those that are expressly set forth herein. No agent, employee or other representative of either party
is empowered to alter any of the terms hereof unless done in writing and signed by an authorized
officer of the respective parties.
7. ASSIGNMENT
ATF may not assign its rights under this contract without the express prior written consent
of the City.
- 2 - , l ,
•
•
8. STRICT COMPLIANCE
All provisions of this contract and each and every document that shall be attached shall be
strictly complied with as written, and no substitution or change shall be made except upon written
direction from an authorized representative.
9. AUTHORIZED REPRESENTATIVE
The parties expressly agree that for purposes of notice, including legal service of process,
during the term of this contract and for the period of any applicable statute of limitations thereafter,
the following named individuals shall be the authorized representatives of the parties:
A. City of Omaha
Jim Skinner
Chief, Omaha Police Department
505 South 15th Street
Omaha,NE 68183
B. Bureau of Alcohol, Tobacco, and Firearms
Special Agent in Charge
Kansas City Field Division
2600 Grand Avenue
Suite 200
Kansas City, Missouri 64108
EXECUTED this OAday of , 199 .id/nag-A.7
BUREAU OF ALCOHOL, TOBACCO, AND
FIREARli
ATTEST:
B .-jiZeyu g By
feyWWatail
J. obi rt Switzer
aiATF gpecial Agent in Charge
Kansas City Field Division
EXECUTED this 3/I./day of A.V.1 , 199 .
CITY OF •64 4`` A a M i ipal Co oration
ATTEST: li /
By
, City Clerk Hal Da Mayor
assia RD / 4
APPR D AS TO RM:
4A- -Z 7
P:\L.AW\3470.MAF ssistant City Attor -Date
- 3 - -
t
t25A CITY OF OMAHA
• , LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
•
•
WHEREAS,the City of Omaha has the statutory authority to contract for equipment
and services for law enforcement functions, including the identification and tracing of ballistics
evidence; and, •
WHEREAS, ATF is an agency exercising law enforcement functions which include
the identification and tracing of ballistics evidence; and,
WHEREAS,ATF is capable and desirous of providing equipment and services to the
City of Omaha in conjunction with its CEASEFIRE Program and the City desires to assist that agency
in that Program; and,
WHEREAS,joining in the CEASEFIRE Program will benefit the citizens of the City
of Omaha by the Police Department gaining greater efficiency in the identification of ballistics
evidence from the scenes of crime.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,as recommended by the Mayor,the attached Amendment to the Agreement
between the City of Omaha and the United States Bureau of Alcohol,Tobacco, and Firearms for
participation in the CEASEFIRE Program should be and hereby is approved.
BE IT FURTHER RESOLVED,that the Mayor is hereby authorized to sign and the
City Clerk to attest the attached Agreement.
APPRO D S TO ORM:
P:\LAW\3321.MAF
i j LALt
ASSISTANT CI A lul 0 ' Y DATE
By .Gv
Councilmember
•
Adopted FEB 2 5 199? •
- D
it Cler
Approved
_` Mayor
1
. C CD:! iP$ E
O A'N
�� . o o
z
T N C o
0
.....4 q a. 0- cn > (1) F1.,)'N
f
(4 gri p- •° � \
Uo
c" 1