June 28

COMMISSIONER’S PROCEEDINGS

June 28, 2019

The Rooks County Board of Commissioners met in special session for the purpose of reviewing, approving and signing the end-of-the-month vouchers and payroll.  Also on the agenda, was personnel from the City of Stockton to finalize and sign the contract between the entities for law enforcement.  Those present for this special meeting were the Commissioners:  John Ruder, Corky Hagan, and Greg Balthazor.  Ruthmary Muir, Rooks County Clerk, was present to write the minutes.  Virgi Laska, with the Stockton Sentinel, was also present. 

Stockton City personnel present were:  Kim Thomas, Mayor; and Courtney Hrabe, Stockton City Manager.  Gary Knight, Rooks County Sheriff; and Chad Sterling, Under-sheriff, were present as well.  Stockton City Mayor, Kim Thomas said the City Commissioners had voted to sign the contract earlier.  Ruder made a motion to sign two original contracts with the City of Stockton for law enforcement as follows.  Balthazor seconded the motion, and Hagan agreed. 

CONTRACT FOR LAW ENFORCEMENT

                THIS AGREEMENT, executed in duplicate, made and entered into this 28th day of June, 2019 by and between Rooks County, Kansas a governmental corporation, through the Board of County Commissioners, (Hereinafter referred to as the “COUNTY”), AND THE City of Stockton, Kansas, a municipal corporation, through the Board of City Commissioners, (Hereinafter referred to as the “CITY”);

                WHEREAS, the CITY is desirous of contracting with the COUNTY for the COUNTY to provide, through the Rooks County Sheriff, and the Rooks County Sheriff’s Office and it’s officers, for the performance of all law enforcement functions within boundaries of the city limit of Stockton, Kansas, except for such duties as specifically described in Paragraph 8, below; and

                WHEREAS, such contracts are authorized and provided for by the provisions of K.S.A. 12-2908 and 2909 of the Kansas Statutes Annotated.

                NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements set forth herein, the parties do hereby agree as follows:

  1. The COUNTY, through the Rooks County Sheriff, the Rooks County Sheriff’s Office and its officers, of Rooks County, Kansas, agrees to provide police protection and to perform all law enforcement functions and services, except for such duties as specifically described in Paragraph 8, below, within the boundaries of the city limits of Stockton, Kansas, to the extent and in the manner set forth hereinafter.
  2. Except as otherwise hereinafter specifically set forth, such services shall encompass duties and function of the type coming within the jurisdiction of and customarily rendered by the Police Department of the City of Stockton under the statutes of the State of Kansas, as well as, traffic and criminal ordinances of the City of Stockton, except for such duties as specifically described in Paragraph 8, below.
  3. The COUNTY shall provide twenty-four (24) hour law enforcement service to the entire CITY, which services shall include, but are not limited to: general law enforcement duties, the enforcement of all statutes of the State of Kansas, all criminal and traffic city ordinances of the City of Stockton, except as specifically described in Paragraph 8, below. The COUNTY agreed to (1) maintain a twenty-four (24) hour county jail in Stockton, Kansas and house City prisoners; (2) provide and maintain a twenty-four (24) hour dispatch radio communications center; (3) maintain radio and telephone logs; (4) record complaints and arrests; (5) make investigation files and police reports; (6) regular traffic patrolling throughout the city and particularly in the school zones; including both before school and after-school on such days U.S.D. 271 is in session; (7) routine business surveillance during non-business hours: (8) maintain evidence; (9) testify in court proceedings; (10) provide traffic control for funerals and parades; and (11) general enforcement of duly passed city ordinances except as specifically described in Paragraph 8, below.
  4. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, is the sole responsibility of the COUNTY. In the event of dispute between the parties and to the extent of duties and functions to be rendered hereunder, or the level or manner of performance of such service, the determination thereof made by the Rooks County Sheriff shall be final and conclusive as between the parties hereto.  The Sheriff should consider reasonable requests and recommendations from the CITY in regards to his decisions. 
  5. The CITY agrees to provide a Municipal Court System with the following standards: (1) a Municipal Court Judge; and (2) an attorney to prosecute all contested cases. 
  6. For the purpose of performing said functions, the COUNTY shall be solely responsible for furnishing and supplying all necessary labor, supervision, equipment, maintenance, communications facilities, and supplies necessary to maintain the level of service to be rendered hereunder. The Sheriff will inform the CITY of the Sheriff’s Office law enforcement activities within the boundaries of the City of Stockton, Kansas; and the Sheriff shall be available to answer questions concerning law enforcement activities within the boundaries of the City of Stockton, Kansas, upon such reasonable request for the same. 
  7. The CITY shall not be liable for the payment of any salaries, wages or other compensations to any COUNTY personnel performing services hereunder for the said CITY, or any liability other than that provided for in this Contract. The CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his/her employment with the COUNTY.  The CITY shall not be required to reimburse the COUNTY for any meals, or care of prisoners, or for any medical expenses incurred for prisoners during the time of this Contract. 
  8. The COUNTY, through the Rooks County Sheriff, the Rooks County Sheriff’s Office and its officers, shall not perform any administrative or quasi-administrative functions of the CITY which, by way of example, shall include, but is not limited to (1) enforcement of zoning ordinances; (2) building codes; (3) commercial sign regulations; (3) animal control; or (4) noxious weed /yard control. The COUNTY shall not perform any of the functions normally performed by the Municipal Court Clerk.
  9. Unless sooner terminated, as provided herein, the Contract shall be effective as of January 1, 2020 and shall continue for a period of one (1) year thereafter. At the option of the CITY, and with the written consent of the COUNTY, this Contract shall be renewable for successive periods of one (1) year each, unless as agreed upon, and signed in writing, by both parties. 
  10. In the event that the CITY desires to renew this Contract for any succeeding period, the CITY, through the Board of City Commissioners, shall, not later than three (3) months prior to the expiration date of this Contract notify the COUNTY in writing, through the Board of County Commissioners and the Rooks County Sheriff, that the CITY wishes to renew the same, together with any revisions the CITY deems necessary. Whereupon, the COUNTY, through the Board of County Commissioners and the Rooks County Sheriff, shall, not later than two (2) months prior to the expiration date of this Contract, notify the CITY in writing, through the Board of City Commissioners, of its willingness to accept such renewal, together with any revisions the COUNTY deems necessary.  Such renewal Contract, of agreed upon by both parties, must be fully executed, in writing, no later than one (1) month prior to the expiration date of this Contract.  The failure for either the CITY or COUNTY to comply which such terms shall cause this Contract to terminate at the end of such period as described in Paragraph 9 above.
  11. Notwithstanding the provisions of Paragraph 9, above, either party may terminate this Contract as of the first day of any month, of any year, upon notice in writing to the other party of not less than one-hundred eighty (180) calendar days prior to the date of such termination, for any reason.
  12. The parties hereby acknowledge that for each potential successive term of this Contract, the COUNTY may request, and the CITY shall agree, that the CITY shall pay to the COUNTY up to an additional three percent (3%) employee cost of living increase/wage adjustment, as to the amount of expense allotted to wages/salaries in such previous year’s Contract for Law Enforcement. This request by the COUNTY< shall be contingent upon the COUNTY approving such cost of living/wage adjustment for all COUNTY employees in such year(s).
  13. In consideration of the services to be provided by the COUNTY, the CITY herby agrees to pay to the Rooks County Treasurer the sum of $316,501.00; payable in three (3) equal installments payable on March 18, 2020, June 18, 2020 and September 18, 2020.
  14. In further consideration of the services to be provided by the COUNTY, the CITY hereby agrees to:
  • Convey the personal property, as further described in the attached Inventory, to the COUNTY, on the 1st day of January, 2020 at which time such personal property shall become the sole property of the COUNTY, and shall perpetually be the sole property of the COUNTY except as provided for herein. The CITY shall forfeit all rights to such personal property for all future use by the CITY at the time of conveyance.  The CITY shall make all items contained in the attached Inventory available to the COUNTY on or before the 1st day of December, 2019, so that the COUNTY may review and approve all Inventory, to ensure its adequacy. 
    1. Any initial labor or installation fees or expenses associated with the personal property included in the attached Inventory shall be the sole responsibility of the CITY.
  • Convey four (4) motor vehicles to the COUNTY, as approved in advance by the Rooks County sheriff; such motor vehicles more specifically described as follows:
    1. Three (3) used, 2016 Dodge Charger, belonging to the Kansas Highway Patrol, with less than 50,000 miles on each; and the 2010 Ford Pick-up currently owned by the CITY; or
    2. Two (2) used, 2016 Dodge Chargers, belonging to the Kansas Highway Patrol, with less than 50,000 miles on each; the 2017 Chevrolet Silverado pick-up currently owned by the CITY; and the 2010 Ford pick-up currently owned by the CITY,
    3. The Dodge Chargers shall be conveyed to the COUNTY on September 15, 2019. The additional motor vehicles shall be conveyed to the COUNTY o January 1, 2019.
    4. Any initial labor or installation fees or expenses associated with the motor vehicles, specifically including, but not limited to: wrapping of the motor vehicles with COUNTY law enforcement decals, shall be the sole responsibility of the CITY.
    5. In the event, the parties terminate this agreement prior to December 31, 2020 or do not renew this Agreement to extend beyond December 31, 2020 then the COUNTY shall convey all of the above, described motor vehicles conveyed to COUNTY by CITY back to the CITY. In the event, the parties do not terminate this Agreement prior to December 31, 2020, or the parties do renew this Agreement to extend beyond December 31, 2020, such motor vehicles shall become the sole property of the COUNTY, and shall perpetually be the sole property of the COUNTY except as provided for herein.  The CITY shall forfeit all rights to such motor vehicles for all future use by the CITY. 
  1. The consideration recited herein shall be paid by the CITY out of the portion of the general fund budgeted for Police Purposes and funded by the general levy of said CITY. CITY agrees that it will budget, if allowable by law, sufficient funds to pay the consideration required in this Contract.  Provided however, that the obligation of the CITY pursuant to this Contract, shall never exceed the amount of funds actually on hand in the treasury of the CITY for such purpose, all in compliance with Article 11 of Chapter 10 of the Kansas Statutes Annotated and any construction contrary to the provisions of said statutes shall make this Contract null and void. 
  2. This Contract shall be subject to the approval of the Board of County Commissioners of Rooks County, and the Board of City Commissioners of the City of Stockton, Kansas.
  3. This Contract shall be submitted to the Rooks County Sheriff, for his/her review and approval within ten (10) days after the signature of the parties hereto. Failure of the Rooks County Sheriff to approve this Contract within thirty (30) days if its submission to the Sheriff shall constitute his/her disapproval thereof, and in this event, said Contract shall be deemed as not ever taking effect and shall be otherwise totally null and void. 
  4. All monetary consideration paid by the CITY to the COUNTY, pursuant to this Contract, shall be expended by the COUNTY solely for law enforcement purposes.
  5. The Rooks County Sheriff, and all of the officers of the Rooks County Sheriff’s Office, shall have the responsibility of enforcing the City of Stockton ordinances as provided herein and they shall have the powers of any other police officer of the CITY by virtue of the existence of this Contract.
  6. The Rooks County Sheriff shall provide the CITY a financial analysis for the upcoming year that will provide relevant information for the budgeting process and basis for the payment provided for in Paragraph 13, by the 1st day of May each year.
  7. This Contract is not intended, nor shall it be in any manner construed, to create an agency relationship between the parties. The CITY shall not be construed as an agency or agent for the COUNTY and the COUNTY shall not be construed as an agency or agent for the CITY.  The COUNTY shall not be deemed to assume any liability or responsibility for any acts or omissions of the CITY occurring prior to the effective dat3 of this Contract.  The CITY shall not be deemed to assume any liability or responsibility for any act or omission of the COUNTY occurring prior to the effective date of this CONTRACT. 
  8. Any notices required herein shall be addressed to the parties as follows, to-wit:
    1. Rooks County, County Clerk, 115 N. Walnut Street, Stockton, Kanas  67669
    2. Rooks County Sheriff, 803 S. Elm Street, Stockton, Kansas 67669
    3. City of Stockton, City Clerk/Manager, 115 S. Walnut Street, Stockton, Kansas 67669

IN WITNESS WHEREOF, this Contract is hereby signed by the Mayor of said CITY and attested to by the City of Stockton Manager/Clerk upon the direction and approval of the City of Stockton Commissioners, and signed by the Commissioners of the Rooks County Board of County commissioners, and attest by the Rooks County, on the 28th day of June, 2019. 

Approved pursuant to K.S.A. §12-2908 and §12-2909.

CITY OF STOCKTON                                                                  BOARD OF COUNTY COMMISSIONERS

 

__ Kim Thomas _____________________                         __ John Ruder ______________________

Kim Thomas, Mayor                                                                        John Ruder, Commissioner

 

                                                                                               __ Corky Hagan ____________________

                                                                                                          Corky Hagan, Commissioner

 

                                                                                                  __Gregory Balthazor _________

                                                                                                             Gregory Balthazor, Commissioner

 

ATTEST:                                                                                                ATTEST:

 

__ Courtney Flower _________________                          __ Ruthmary Muir ____________________

Courtney Flower, City Manager/Clerk                                     Ruthmary Muir, Rooks County Clerk

                The foregoing CONTRACT FOR LAW ENFORCEMENT is hereby approved, pursuant to K.S.A. §12-2909, amended, on the 28th day of June, 2019. 

                                                                                               __ Gary W. Knight ___________

                                                                                                   Gary W. Knight, Sheriff or Rooks County

 

INVENTORY (Sheet attached to the contract)

                Items                                                    Quantity

Uniform Pants                                                   8

Uniform Shirts – Long Sleeve                       8

Uniform Shirts – Short Sleeve                     8

Boots                                                                    4

Coats                                                                     4

Rain-slickers                                                       4

Badges                                                                 4

Vest Carriers                                                      4

Glock Pistols/with tac lights                         4

Assault Rifles .223’s                                         4

Watch Guard in Car & Body Cameras       4

In Car Cages                                                       4

Radars                                                                  4

Laptop Computers                                          4

All mobile and portable radios                   

Flashlights                                                           4

Holsters to fit Glock w/tac light                  4

Duty belts, including all leather                  4

Consoles for radios in vehicle                      4

Labor to install in-car cameras                    4

Labor to install cages                                      4

Rifle mount and installation                         4

Light bars and controllers                             4

Light bar installation                                       4

Cell phones                                                        4

 

After all duties of the contract signing were finished, Hagan made a motion to review, approve and sign the weekly and end-of-the month vouchers and the end-of-the month payroll as follows.  Balthazor seconded the motion, and Ruder agreed.

                June 28, 2019 (weekly)

                                                                VOUCHER           EMPLE BEN         GROSS PAY         TOTAL

County General                                 118,461.06           38,304.80             131,553.08           288,318.94

Road & Bridge                                   20,937.98                                             72,153.81             93,091.79

Noxious Weed                                    391.38                                                   6,800.64               7,192.02

Sheriff Equipment Reserve              3,428.00                                                                               3,428.00

Health Department                             9,941.24               4,439.62               25,460.93             39,841.79

Sanitation                                            1,337.70                                               8,162.60               9,500.30

Rooks County Golf Course               108.24                                                   1,958.20               2,066.44

Economic Dev Exp TR                        2,238.42               771.55                   4,351.72               7,361.69

Alcohol Program                               521.91                                                                                   521.91

Sheriff Registration Fund              1,899.75                                                                               1,899.75

Insurance Claims Reimb                1,434.14                                                                               1,434.14

                GRAND TOTAL                   160,699.82           43,515.97             250,440.98           454,656.77

 

                June 28, 2019 (monthly)

County General                                 139,266.36           38,304.80             131,553.08           309,124.24

Road & Bridge                                   46,855.80                                            72,153.81            119,009.61

Noxious Weed                                  14,401.62                                             6,800.64               21,202.26

Sheriff Equipment Reserve             3,428.00                                                                               3,428.00

Health Department                          25,498.39             4,439.62               25,460.93                55,398.94

Sanitation                                         1,992.52                                               8,162.60               10,155.12

Rooks County Golf Course            1,814.99                                               1,958.20                  3,773.19

Economic Develop Exp TR             2,397.06               771.55                   4,351.72                  7,520.33

Alcohol Program                               521.91                                                                                 521.91

CKLS                                              36,644.08                                                                             36,644.08

CKLS – Employees Benefit            .08                                                                                          .08

Sheriff Registration Fund              1,899.75                                                                               1,899.75

Insurance Claims Reimb                1,434.14                                                                               1,434.14

                GRAND TOTAL                   276,154.70           43,515.97             250,440.98           570,111.65

                           

There was a little bit of discussion about a mower for the nursing facility.  Hagan had seen a sale at Orscheln’s in Hays for a Snapper model mower with 25H and a Briggs 25 with zero-turn for $4,995.00.  Ruder will pass this information on to the Nursing Facility Administrator.

With no further business to transact, Ruder made a motion to adjourn.  Hagan seconded the motion, and Balthazor agreed. 

Adopted this 2nd day of July, 2019

ROOKS COUNTY BOARD OF COMMISSIONERS

____________________________________                      

John Ruder, Chairman                                                                                                           

____________________________________                      

Greg Balthazor, Member

____________________________________

Corky Hagan, Member

ATTEST:

_______________________________________

Ruthmary Muir, Rooks County Clerk