HomeMy WebLinkAboutRes1995-008
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Sponsored by: Tones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A CONTRACT FOR COMMUNITY
JAIL SERVICES FOR FY 1995 AND INCREASING THE STAFFING
OF THE SEWARD COMMUNITY JAIL TO SIX OFFICERS
WHEREAS, the current jail contract expired on October 31, 1994, and the
proposed FY 1995 contract has been reviewed by the Police Chief and the City Manager
and has been found to be acceptable; and
WHEREAS, the Governor's Task Force on Community Jails has addressed jail
standards, training standards, staffing requirements, responsibility for incarceration of
prisoners and oversight of community jails; and
WHEREAS, an assessment was completed by the National Institute of Corrections
to determine the needs of individual jails and of the overall program; and
WHEREAS, as a result of the assessment, the State has agreed to fund another
correctional officer position and to increase the funding level to $368,180.15, an increase
of $95,180.15; and
WHEREAS, the increase will cover the cost of adding an extra correctional officer
and will accommodate the recent reclassifications that were included in the FY 1995
budget; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Fiscal Year 1995 contract for operation of the state jail facility
located in Seward City Hall, a copy of which is attached and incorporated herein by
reference, is hereby approved, and the City Manager is authorized to execute said
contract on behalf of the City of Seward.
Section 2. The staffing level of the Seward Community Jail is increased to six
officers.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
13th day of February, 1995.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-008
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THE CITY OF SEWARD, ALASKA
~ Lt9. 0~
Dave W. Crane, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Crane, Deeter, King, O'Brien, Sieminski
None
Darling
None
ATTEST:
{)~ ..i. ~~
_ Linda S. Murphy, CMC/AAE
~~\ City Clerk
(City Seal)
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SENT BY:Alas~3 S:ate Trocpers '-26-33 15:42
CCW 5JR COMM JAIL5~
19002245'::: ::
5. Provide transportation and supervision of inmates within local boundaries wher trey
are out of the confines of the jail facility, except pursuant to court-<lrdered release.
Supervision must be adequate to prevent escape, prevent inappropriate contact prave!'t
possession of contraband and provide seaJrity for the inmate as well as members of the
pl.b lie.
6. Immediately notify the oversight agency, It-e nearest post of the Alaska State
Troopers and any police agencies in the vic:r.ity of the jail facility if an inrr.ate escapes or
leaves the premises of the facility without authority. The Borough/City shalf make every
reasonable effort to return the inmate to the facility without cost to the oversigrt agency,
provided the inmate is recaptured within the Borough/City limits.
7. Adopt and enforce rules concerning smoking by prisoners and staff consistent with
Slate statutes and regulations, keeping in mind the health and welfare of al: prisoners
and staff personnel.
8. Apply for reimbursement or payment for expenses incurred as a result of the provision
of necessary medical or dental care as defined in the standards.
Application shall include:
{i} a copy of the medical bill with the prisoner's name and a description of the services
rendered,
(ii) a copy of the monthly booking form showing the prisoner's date and time of
booking, and
(iii) a copy of the medical payment request form.
Any reimbursement or payments for qualifying necessary medical or dental care will not
effect the amount established for operation of the facility.
9. Obtain the approval of the oversight agency prior to incurring liability for necessary
medical or dental services. Reimbursable expenses include the cost of hiring guards for
hospitalized prisoners under the emergency guard hire provisions if necessary,
In an emergency requiring necessary medical or dental services where a reasonable
but unsuccessful effort was made to obtain approval prior to treatment, reimbursement
or payment will be made provided the oversight agency is promptly notified following the
emergency. Approval will r.ot be unreasonably withheld.
10. Insure that any billing for necessary medical or dental services are only for costs
incurred as a result of services necessary and required to effectively treat the condition
being addressed and that are beyond the ability of the inmate or the inmate's insurance
carrier to pay.
Centrocl fer Jail Sarvleos: Sword
POll'> .. of ,
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SENT BY:A!as13 S:ate Trocpers '-26-3~ i~ 4: . ~CW SJ~ GOMM JAI~S~
190:-J2243i.6S:; A
11. Not accommodate or approve requests fer e!ectlve medical seJ'.t:ces or treatrr,e1t
Costs for treatment not fali:'lg within the ce'ir:ltion of necessary 1ledica! :reatnent
established r the standards will not be reimbursed or paid.
12. Fumlsh the oversight agency with an inmate file ~ntaining a record of the [r'TIate's
tine served, institutional adjustment, and any other records conceming the inmate
whenever an inmate is being transferred from the 8orougrJClty jail facility to another
correctJo'1al institution or other placement.
13. Immediately, but, in no event mare than 24 hours following receipt of notice,
report to the oversight agency ail claims corceming the jail :acilily that CO'Jld
foreseeably effect the tegal liability of either party to this contract and cooperate with tlIe
oversight agency in the defense and/or settlement of the claim.
14. Purchase and maintain in force at all times during the performance of services under
this agreement the policies of insurance listad in this contract. \M'1ere specific limits ara
shown, it is understood that they shall be the minimum acceptable llmits. If the
Borough'siCity's policy contains higher limits, the State shall be entitled to cOllerage to
the extent of such higher limits,
15. Provide current certificates of insurance to tre oversight agency prior to the
performance of services under this contract and shall provide for a 30-day prior notice
of cancellation, nonrenewal or !T1aterial change to any insurance pclicy, Failure to
furn Ish satisfactory evidence of insurance or lapse of the policy is a material breach and
grounds for :ermination of the Borough/City's services,
16. Provide and maintain Worker's CompensatIon Insurance as required by
AS 23.30.045 for all employees engaged in work under this contract. The Borough/City
shall be 'esponsible for insuring that any subcontractor who directly or indirectly
provides services under this contract wiil maintain Worker's Compensation Insurance.
Coverage must irclude ali states in which employees are engaging in work and must
include employer's liability protection of not less tlIan $WO,OOO.OO per person. and
$100,000.00 per occurrence.
17. Provide and maintain comprehensive general liability insurance, with a combined
single limit per occurrence of not less than $1 ,oeo,ooo.ao covering activities associated
with or arising out of this contract, to includa jail keeper's legal liability coverage. Tlre
State shall be added as an additional insured under such policies. The Borough/City
shall be solely responsible for the payment of claims or losses to the extent they fall
within the deductibie amount of suell insurance. This insurance shall be primary to any
other insurance or self insurance carried by the Slate.
18. Provide and maIntain comprehensive automobile liability Insurance covering all
owned hired and non-owned ver,icles used during the provision of services under ~his
contract with ;overa~e limits not less than $100,000.00 per parson, $300,000.00 per
occurrence bodily injury end $50,000.00 property damage.
Contract for JaIl Sl!IlVlr::@:R: SII\NJlfd
P~gf 3 01 7
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SENT eY:Alas~a S:ate Troccers '-26-3J 15:43
GCW SJR COM~ JAILS~
19D0224~".~O:ii :
19. Hold Inmates needing to be removed from the facility until the oversight agenc:J
arranges the transportation. It will be the policy of the oversight agency :hat such
transportation will be accomplished as expeditiously as possible considering '.'leather or
manpower limitations. Transportation Of an inmate may be acccmplished by a qua ified
employee of the facility at the expense of the oversight agency providing p"ior aporova!
and payment aITangements have been made with the over3ight agency.
20. Conduct an initial review for compliance with the standards and report complianc~
and compliance deficiencies to the oversight agency. The report of compliance
deficiencies shall include a written plan outlining the specific compliance deficiency, a
plan for ccrrecting the deficiency and a date by VoIhich the deficiency will be corrected.
The compliance report shall be due to the oversight agency an forms provided by that
agency within the first 90 days day of the contract period. Following the initial review,
compliance monitoring shall be conducted according to the manner provided :n the
standards.
21. Provide a monthly accounting of Inmate statistics by the 15th day of the month
following the monthly period covered on forms provided by tha oversight agency. The
forms shall include specific information on each inmate housed during the reporting
period to include the inmate's name, the number of man-days, the charge or reason for
incarceration, the dates 01 incarceration, the arresting agency and other information as
requested on the forms,
''Man-day' means that an inmate was confined during one calendar day for more than
four (4) hours but less than or equal 10 twenty-four (24) hours. If an inmate is confined
for less than or equal to (4) hours in one calendar day, the accounting shail indicate
one-half man-day.
The oversight agency will:
1. Review any billings incurred as a result of the provision of necessary medical care as
defined in the standards. The expense billings for medical or dental care found to meet
the criteria established in the standards will be submitted to the appropriate State agency
for reimbursement or payment. Any medical or dental expense billings not meeting the
criteria will be returned to the Borough/City and will not be paid or reimbursed.
2. Reimburse the Borough/City for special costs caused by any statute, regulation,
oversight agency request, or spacial project excluding furlough and other release
programs, incurred subsequent to the signing of this contract, which increM8s the
Borough'slCity's expenses for the incarceration or supervision of inmates held :Jnder :hi s
contract. The Borough/City must receive prior \Witten approval from the oversight
agency prier to incurring any costs for which it intends to seek reimbursement pursL;ant
to this paragraph.
3. Not be responsible for the management of local facility inmate populations. It shall be
the policy of the oversight agency to detain and confine only i~mates from the normally
servicad region of the respective facilities. However, in the case of an emergency or ;or
necessary popula,ion or security management purposes, inmatas may be transferred
Con.tract 'or .Jail Sflrvlees: S.wlrd
P'G~ 4 or 7
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SENT BY:Alas~a 3~ate Troc~ers; -4"-~)
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"""~ '::",""i '...."fI:i J:M,':'~';'-
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from other areas of the State. Conversely, for tre sar-,e purposes, inmates may ::;e
transferred froM t~e ~espective 'acdilies to other areas of the State.
4. Provide excess legal liability covorago from clair.1s directly result:rg from the
Borough/City's services under ~his c::mtract. Ba:<luse r:lOst Community Jail operators
have oniy been able to pL.Tcl'1ase up to $1,000,000.00 Ilab:lity insurance coverage
through available commercial 'l1ar\ets to provide jail ;';eeoer's legal liability coverage f,:Jj
thoss contractor's activities v1der this agreement, the State has agreed to provide
excess jail keeper's legal liability coverage, but only for claims directly resulting frem !he
Borough's/City's services I.:nder this a.greement of the ir.carceration of a 'prisoner' as
defined n this agreement.
The State will provide the Bo:ough'sfCity's jail <aeper's legal liability insurance coverage
of $4,000,000.00 excess of $1.000,000.00 per oco.Jrrence and annual aggregate as an
excess insurer for any claims covered by the primary jail keeper's legal liability policy
carried by the Borough/City, excluding any damages awarded as a result of inter.tional or
malicious misconduct, criminal conduct, or outrageous conduct on the part of the
Borough/City or its employees or agents. All condit:ons of tre primary jail keeper's legal
liability policy are considered a piil;t of this excess liability protection.
5. Transport an Inmate to another correctional facility who has exceeded the rated
maximum number of days for the facility unless a signed agreement othel'Nise exists that
contains a waiver from ~he inmate. The rated maximum nLJmbar of days for the
Borough/City of Seward 's ~ days.
The oversight agency will transport an Inmate to another correctional facility 'Nho has a
court order requiring the transportation or wren faci:ity personnal clearly demonstrate the
need to remove the inmate for secu'ity or population management needs and when the
movement will not interfere with the inmate's attendance ar ar,y legal proceeding or
create any unnecessary hardship.
Transportation of an inmate may be acccmplished by a Qualified employee of !he facirty
at the expense of the oversight agency providing prior approval and payment
arrangements have been made with the oversight agency.
The oversight agency shall only be responsible for the least expensive transportation
cost necessary to accomplish the transportation and escort of the inmate ard for per
diem for the facility employee at the State non-employea rate for the region in whic.1 the
transport is accomplished only for the period during which thiS emp:oyee is required to be
away from his community for the sole purpose of providing escort to the inmate. The
oversight agency shall not be responsible for payment of per diem past the time when
the facility employee could have returned to their ccmmunity regardless of 'Nhether the
employee eleds to conduct otr,er bl.;s[ness away from their community.
6. As used in this contract, the tenn 'Inmate' shall have the same meaning as the
term 'prisoner' as defined in AS 33.16.900 and does not Include tl10se persons held
under the authority of Title 47. As required by AS 33.30.071, ~h8 oversight agency will
not be responsible for the cost cf housing Title 47 deta:nsss nor for any necessary
ContTlu::t for Jait Servicl:'!iI. Se'IN~rd
Pags 5 of 7
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SENT BY:Alas~a State Troopers "-26-35 15:45
CCW SJR COMM JAILS~
19072245L80:# "'
medical, den:al or other costs dire~:y or indirectly related:o Title 47 detainees or their
housing in the facility.
This contrad shall not prohibit holding persons in the facility under the authority of Title
47 of the Alaska Statutes as defined by the standards, however, compensation for any
cost associated with the detention of a person under Title 47 shall not be approved or
made under this contract.
Comrocl for JAil Stlt'licea: S$WlIrd
Pag~6.' 7
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SENT BY:Alas~3 State Trocpers '-26-35 15:45
CCW SOR COMM JAILS~
190~2249L5C: :t
Payment for Servlc;:~
1. The total contract amount for the Borough/City of Seward is $244,757.35 for the period
from November 1, 1994 through June 30, 1995. This amount represents the total for the
"emaining eight months of State fiscal year 1995 and is contingent upon adequate
funding by the Legislature.
2 Payment will be made following the end of the period from November 1, 1994 through
December 31, ~994 for an amount representing the total of two monthly payments and
then at the end of each of the remaining two quarters of FY95 !n amounts representing
the total of three monthly payments each. The sum of these three payrr.ents shall
represent the total payment for the costs and services identified in attachment A.
3. The BoroughJCity shall be prohibited from utilizing money received as a result of
this contract for any purpose other than the operation of the community jail
facility. Any monies received by the Borough/City under this contract for which an audit
discloses have been utilized for purposes other than those authorized by this contract
shall be reimbursed to the State and deposited to the general fund.
For the Borough/City:
For ll1e Department of Public Safety:
By:
By:
r.i t'y M.AI"Ufg.....
Official Title
Official Title
Date D",c"",ber 22, 1994
Date:
Conlrocl lor Jd S~fV1""": sewer<l
P~g~ 70f 7
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SENT BY:Alas~a S:ate Troc~ers ; '-26-~5 ; 15:43 ; CCW SJR COMM JAILS~
190?22~~L8C:# 9
ALASKA OEPARTMENT OF PUBLIC SAFETY
CONTRACT FOR COMMUNnY JAIL SERVICES
November 1, 1994 through June 30, 1995
Borough/City or Seward
Attachment A
The fOilowing is a breakdown of the total contract amount for the indicated facility. While the
contract requires that tr,e funding be used only for the operation of the jail facility and not for any
other purpose, it does not require any accounting to specific line items within the jail facility budget.
These are the areas intended to be funded by the total contract amount:
Personnel
Name Position Annual i 12 Month 8 Month Contract
Salarv % I Cost Amount
Moeter JISuov 55476.00 100 55 476.00 36,984.00
Sears CJO 44 475.00 100 44.475.00 29,650.00
Towslev CJO 47,053.00 , 100 47.053.00 31,368.67
I
Lewis CJO 44.475.00 100 44 475.00 29 650.00
Atwell CJO 36,013.00 100 36013.00 24.006.67
Crumo CJO 45 482.00 100 45462.00 30,308.00
Total Personnel Cost 181,969.33
Non-Personnel
Item 12 Month Cost I 8 Month Contract
Amount
Utilities 6.446.74 4297.83
Telephone 945.06 630.04
Insurance 2,361.95 1.574.63
Vehicle 2.400,00 1 600.00
Publications 180.97 120.65
Supplies ReOo,aO 5733.33
Food 25.360.00 16.906.67
Total Non.Personnel Cost 30,863.15
Summa
Personnel Costs
Non-Personnel Costs
Subtotal
15% Admin Overhead
Total
8 Month Contract
Amount
181 969.33
30,863.15
212.832.48
31,924.87
244,757.3&