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Home My WebLink About15.D.1. Coorperative Agreement for Pistol Permitting with Scott County CITY OF SHAKOPEE Is-. 01,1 I Police Department Memorandum TO: Honorable Mayor and City Council CO~S~tmT . i" L;;1 Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: Cooperative Agreement for Pistol Permitting DATE: October 14,2004 INTRODUCTION: The Police Department is' requesting that Council consider and approve appropriate city officials to enter into a Cooperative Agreement For Pistol Permitting between the City of Shakopee and the County of Scott. BACKGROUND: Earlier this summer, a Ramsey County Judge ruled that the new law, permit to carry a pistol, was unconstitutional. The Scott County Attorney believes that we should now be operating under the assumption that the prior law is in effect, permit to carry a handgun, which allowed Chiefs of Police and Sheriffs the ability to issue permits. City Police Chiefs and the County Sheriff have agreed that the Sheriff should continue to issue permits to carry handguns/pistols and support this Cooperative Agreement to facilitate this effort. We believe a single point-of-contact for our customers would be more effective and efficient. Our City Attorney has reviewed and approved this Agreement. ALTERNATIVES: 1. Do not authorize the agreement. 2. Authorize the agreement. 3. Table and provide direction to staff. RECOMMENDATION: Alternative #2. ACTION REQUESTED: If the Council concurs, they should offer a motion authorizing the appropriate city officials to enter the cooperative agreement for pistol permitting between the County of Scott and the City of Shakopee, and move its adoption. DH:pm Attachments: 1. Cooperative Agreement For Pistol Permitting COOPERATIVE AGREEMENT FOR PISTOL PERMITTING THIS AGREEMENT made and entered into by and between the COUNTY OF SCOTT, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY," on behalf of the Scott County Sheriff, hereinafter referred to as the "SHERIFF" and the CITY of SHAKOPEE, a political subdivision of the State of Minnesota, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, pursuant to Minnesota Law, both the CITY and the SHERIFF currently have authority to issue permits to individuals seeking to carry, hold or possess a pistol; and WHEREAS, the CITY has requested that the SHERIFF process the individual pistol permit applications from submission of the application, through investigation, and if applicable, granting of the permit; and WHEREAS, pursuant to Minn. Stat. ~ 471.59, the CITY and COUNTY are able to enter into a cooperative agreement that permits the SHERIFF to perfo~ the permitting process on behalf of the CITY; and WHEREAS, the COUNTY is willing to cooperate with the CITY by performing the pistol permit application process. NOW, THEREFORE, the CITY and the COUNTY agree as follows: 1. TERM AND COST OF THE AGREEMENT The SHERIFF agrees to furnish pistol permitting services to the CITY during the period commencing October 1, 2004 and terminating September 30, 2005 unless terminated sooner pursuant to law or Section 10 contained herein. The SHERIFF shall charge each applicant a fee of Ten ($10.00) Dollars. 2. SERVICES TO BE PROVIDED Consistent with applicable Minnesota statutes, the SHERIFF agrees to perform all functions related to the processing of permit applications from individuals seeking to carry, hold or possess a pistol. 3. CITY COOPERATION All information, records, data, reports, receipts, etc. necessary to allow the SHERIFF to carry out the responsibilities required by law shall be furnished to the SHERIFF without charge by the CITY, and the CITY agrees to cooperate in good faith with the SHERIFF in carrying out the responsibilities under this Agreement. 4. INDEPENDENT CONTRACTOR The COUNTY and its employees shall not be considered employees of the CITY. It is agreed that the COUNTY, and its employees, is an independent contractor hereunder and acquire no tenure rights or any rights or benefits by way of Workers' Compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, retirement benefits or any other rights or benefits offered to CITY employees. 5. INDEMNIFICATION AND INSURANCE a. The CITY shall defend, indemnify, and hold harmless the SHERIFF, the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission related to the gun permit licensing and! or services provided under this Agreement. The CITY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, included common law. b. In order to protect the CITY and those listed above under the indemnification provision, the CITY agrees to have and keep in force adequate coverage either through insurance or a self-insurance. program. 6. DATA PRIVACY Both the CITY and COUNTY, their officers, agents, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7. RECORDS - AVAILABILITY! ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, subd. 5 (as may be amended), the SHERIFF agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the SHERIFF and involve transactions relating to this Agreement. Such materials shall 2 be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 8. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 9. CANCELLATION This Agreement may be canceled with or without cause by either party upon thirty (30) days' written notice. 10. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator, with a copy to the SHERIFF, at the following address: Scott County Government Center 200 West Fourth Avenue Shakopee, Minnesota 55379 Notice to the CITY shall be sent to the City Administrator or Clerk, with a copy to the Chief of Police, at the following address: City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 11. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts . located within the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If 3 any provision of this Agreement is held invalid, illegal or unenforceable, the remaining / provisions will not be affected. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as the last date indicated below. CITY OF SHAKOPEE COUNTY OF COUNTY By: By: Mayor Barbara Marschall, Chair, Scott County Board of Commissioners By Date: ,2004 City Administrator ATTEST: By: David J. Unmacht City Clerk Scott County Administrator Date: ,2004 Date: ,2004 Approved as to form: Approved as to form: City Attorney Patrick J. Ciliberto Scott County Attorney David Menden Scott County Sheriff 4