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HomeMy WebLinkAboutRes1990-076 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 90-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A CONTRACT WITH THE STATE OF ALASKA FOR OPERATION OF THE JAIL WHEREAS, the city of Seward annually enters into a contract with the state of Alaska for operation of the state jail facility in Seward; and WHEREAS, the proposed jail contract for Fiscal Year 1991 has been reviewed by the Police Chief and the City Manager and has been found to be acceptable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Fiscal Year 1991 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. This resolution shall take effect July 1, 1990. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25th day of June, 1990. THE CITY OF SEWARD, ALASKA ~"~ William C. Noll, Mayor AYES: NOES: ABSENT: ABSTAIN: NOLL, BURGESS, DUNHAM, HILTON, MEEHAN, SIEMINSKI, SIMUTIS NONE NONE NONE -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-076 ATTEST: (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~ N/~ Fred B. Arvidson City Attorney -2- . STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SERVICES July 1, 1990 to June 30, 1991 THE PARTIES to this Contract are the Alaska Department of Public Safety (hereinafter referred to as the Department), the City of Seward (hereinafter referred to as the City). WHEREAS the Department is entering into this contract by direct negotiation and not by competitive bids since this ~s a contract for specialized services; and WHEREAS the City is willing to undertake the performance of this contract under the terms, general provisions, and appendices attached and made a part of this agreement; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: . THE CITY WILL, at the request of the Department, undertake the incarceration of prisoners charged with criminal offenses against the State. For the purpose of this contract, "prisoner" is defined as, "a person other than a juvenile held under authority of State law in official detention as defined in AS 11.81.900b." The City will provide, maintain, staff and administer a prisoner facility for the incarceration of prisoners held pursuant to AS 33.30.071 and paragraph 14 of this agreement and abide by the terms of this contract. The facilities and services provided by the City will include qualified personnel and will be adequate to provide for the safekeeping, housing, care, subsistence and discipline of prisoners and the protection of the public. Furthermore, the City will adopt the m~n~mum standards as set forth below. 1. Qualifications of Guards . Special characteristics and requirements the City shall consider when hiring guards to overse~ the security and well-being of State prisoners ~n their custody are as follows: a. Prior work experience with the public or of a responsible nature that wou1d give . indications of a good reputation, good work habits and reliability. b. No persons convicted of a felony or serious misdemeanor involving a crime against the person of another may be employed to guard State prisoners. c. Minimum age of jail facility guards is nineteen (19) years, effective on new hires. d. A guard orientation manual furnished by the Department shall be read and signed off by the Chief of Police and distributed to all employees. A Jail Officer Training Manual has been supplied to the City. All Jail Guards are to review and complete the training course or have received training that is acceptable as comparable. 2. Fire Safety . a. The City will maintain smoke detection devices. b. The City will use mattresses constructed of fire retardant materials. c. The City will adopt regulations concern~ng smoking by prisoners keeping in mind the health and welfare of all prisoners being held. d. The City will establish and post regulations for emergency fire escape and evacuation by prisoners held in confinement. 3. Physical Facilities The City will provide the following basic facilities and maintenance requirements: a. The jail facilities should be inspected on a routine basis to ensure that the facilities are maintained in a sanitary condition. b. Temperatures within the living or recreat'ion areas of the facility must be kept in an . -2- . acceptable comfort range during summer or winter. Artificial light is required. c. Appropriate sanitation facilities will be made available to ensure cleanliness and acceptable health and safety standards. Cleanliness, health and safety rules should be posted and compliance required. 4. Food Service Food service should satisfy the basic daily nutrient requirements for individuals in confinement. Each prisoner shall be served three (3) nutritionally adequate meals per full manday, except that at the option of the City, prisoners may be served two (2) nutritionally adequate meals on Saturdays, Sundays and holidays. These two meals shall be a late breakfast and a dinner meal. 5. Medical and Dental Services . b. . a. The City shall be responsible for providing necessary basic medical services to those prisoners in need of such services, while confined in City facilities pursuant to AS 33.30.071 and this contract. Medical expenses incurred by the City under this provision shall be reimbursed to the City by the Department of Corrections, through the Department, upon receipt of a copy of the medical bill indicating the individual's name and a description of the services rendered, which has been certified as true and correct by the City's authorized representative, a copy of the monthly booking form depicting the prisoners custody date and time, and a copy of the medical payment request form. Said reimbursement shall be in addition to the reimbursement installments for care and custody under paragraph 14. In order to receive reimbursement for non-emergency major medical services to be provided to prisoners held pursuant to AS 33.30.071 and this contract the City must obtain approval by the Department prior to incurring liability for such services. However, in the case of an emergency requiring major medical services before -3- . approval can be obtained, the Department agrees to reimburse the City for the cost of such services, provided the City made a reasonable effort to obtain prior approval and was unable to do so due to the emergency nature of the required care. Department approval will not be unreasonably withheld. c. Elective medical services provided State prisoners will not be reimbursed by the Department. d. Emergency procedures and the telephone numbers for medical, psychiatric or other such services will be posted in a conspicuous place where staff will have ready access to such information in order to provide immediate service to prisoners in need. e. Each prisoner held pursuant to this contract in excess of 14 consecutive days from the initial booking date shall be offered a physical examination. The results of such examination or the refusal by the prisoner to undergo an examination shall be documented and maintained by the City. The cost of such examination shall be reimbursed to the City by the Department. . f. The cost of the fOllowing dental services will be reimbursed to the City under the same procedure outlined in paragraph 5(a) and (b) above: . control bleeding, relieve pain, eliminate acute infection, operative procedures required to prevent pulpal death and imminent loss of teeth, treatment of injuries to teeth and/or repair of supporting dental structures caused by accident or injury. The cost of dental services provided to repair a congenital malformation, cosmetic surgery, or dentistry for purely cosmetic reasons will not be reimbursed by the Department. Prisoners held pursuant to this contract who require medical attention shall rece~ve g. -4- . . . treatment as soon as possible taking into consideration the nature of the illness or injury. The responsible City employee shall maintain control of and shall dispense medicine to prisoners in compliance with directions specified by a physician. The City shall take reasonable steps to guard ag~inst misuse or overdose of medicines by pr~soners. h. Reimbursement shall be made for medical attention on prisoners that have been booked in~o the facility as a State-charged pr~soner. ~. A State-charged prisoner who is unconscious or in immediate need of medical attention may not be admitted to the correctional facility. J. Definitions- (1) "Necessary basic medical services," as used in this contract means any emergency or scheduled medical service which is required to maintain the general health of a prisoner and which can be accomplished on an "out-patient" basis. (2) "Major medical services," as used in this contract means any medical service which required hospitalization and/or in-patient care and which is required to maintain the general health of a prisoner during the period of incarceration. (3) "Elective medical services," as used in this contract means any medical service which can reasonably be postponed until the release of the prisoner without creating an undue risk of harm to the general health of the prisoner, or which is requested for cosmetic reasons. 6. Female/Male Separation The City will furnish separate quarters for female and male prisoners. The City will not house male -5- . . and female prisoners in the same cellblock or in a manner which denies such prisoners a reasonable degree of privacy. If due to the physical constraints of the facility, the nature of the population, or other exigent circumstances, female and male prisoners must be housed in the same cellblock, all available steps will be taken to ensure a reasonable degree of privacy is provided to the prisoners. 7. General Control and Supervision Requirements a. Routine inspections of all cells shall be conducted as often as necessary to protect the safety and welfare of prisoners. A record of each inspection shall be logged in appropriate records. Special attention shall be given to cells occupied by persons who are intoxicated or have demonstrated suicidal tendencies to guard against self-infliction or accidental injury. Reasonable visitation shall be permitted as scheduled by the jail. Scheduling should allow for visitation to be permitted at least three times weekly to include a minimum of one visit on weekends. A record of all visitors shall be maintained indicating date, time and identity of each visitor. b. c. Proper precautions shall be taken to protect property belonging to prisoners from loss or destruction. . 8. The City will, in the event a State pr~soner escapes from or leaves the premises of the facility without authority, notify the Department immediately upon discovery and shall make every reasonable effort to return the prisoner to the facility without cost to the Department, provided the prisoner is recaptured within the City. The City will by mutual agreement, or on an individual basis, perform supportive services to effect a work furlough program for sentenced prisoners. All programs require prior approval of the Department, with the exception of court-ordered work release. The City will not 9. -6- . . perform such services until Alaska Administrative Code regulations for short-term work furlough for contract jails have been adopted. . 10. The City will permit the jail facility to be inspected at any reasonable time by the Commissioner of the Department, or his designee, to assure compliance with the terms of this Agreement. The City will keep all records required by the Department relative to the operation of the jail facility pursuant to this contract, and make such records available for inspection by Department auditors. 11. The City will provide for the safekeeping, care and subsistence of prisoners held pursuant to AS.33.30.071 and this contract in compliance with State statutes. HOWEVER, if any statute, regulation, or request made subsequent to the signing of this Agreement increases the City's cost for the detention and incarceration of Department prisoners, then such additional cost will be paid to the City by the Department. The City must receive prior approval from the Department before incurring additional costs for which it intends to seek reimbursement pursuant to this paragraph. In addition, the City will provide a special guard when required to maintain custody of hospitalized State-charged prisoners and will be reimbursed by the Department upon receipt of separate billings for such services. 12. The City agrees that no person confined in its jail facility will be subjected to discrimination regarding any matter related to his/her confinement on the grounds of race, color, religion, national origin, or sex. Further, the City will comply with the U.S. civil Rights Act of 1964, as amended (P.L. 88-35-42 use sees. 2000e-2 and 2000e-3) and the Federal regulations implementing the act in the hiring and treatment of its employees. . 13. Insurance requirements and liability provisions are contained in Appendix A and a part of this contract. -7- . 14. a. The Department will pay the City for the custody, food, care, and other services provided to prisoners held pursuant to AS 33.30.071. The City shall provide the Department a monthly accounting of prisoner mandays by the fifteenth (15th) day of each month following the accounting month, on booking forms provided by the Department. In addition, a statement of amount due for prisoner care under paragraphs 5, 11, and 16 of this agreement shall be provided to the Department on a monthly basis. b. The Department shall pay at the beginning of each quarter a payment of $65,000.00 to total $260,000.00 for FY 91. d. A properly certified monthly statement shall consist of a written statement by the officer in charge of the facility that the billed amount is true and proper, and the services were rendered as required by this contractual agreement. . For purposes of accounting, the Department and the City agree that a person confined less than four (4) hours in a 24-hour period shall be counted as one-half manday; and a person confined more than four (4) hours but less than twenty-four (24) hours shall be counted as one full manday. Twenty-four (24) consecutive hours is considered one (1) full manday. 16. The Department shall reimburse the City for the costs of additional staffing for the supervision of State-charged prisoners on approved projects provided that the City has received approval from the Department prior to beginning such project. 15. 17. a. . b. The Department will transport as soon as possible to other correctional facilities those prisoners charged with a felony who, after arraignment, fail to effect a lawful release, as well as all other prisoners held pursuant to this agreement, who remain in custody for a period in excess of thirty (30) days in the City facility. For the purpose of population control the City agrees to accept prisoners for -8- . . confinement that the Department transfers from other areas and agrees that the Department may need to transfer prisoners from the City jail to other areas. c. When a prisoner exceeds or is sentenced to more than the contracted number of days set forth in (a) of this section, the individual will be transferred to another correctional facility. . d. Notwithstanding the provisions of paragraph (a) and (c) above, the City agrees to hold prisoners specified in 17(a) until the Department arranges for and accomplishes the transportation of prisoners, provided that such transport will be accomplished as expeditiously as possible. 18. The City will provide transportation and security for all prisoners held pursuant to this agreement who must appear in court or be transported for medical reasons within local boundaries. 19. The City agrees to provide dispatch service, clerical duty assistance and receptionist serv~ce for local Department personnel. 20. When a prisoner is being transferred from the City jail facility to a State correctional institution or other placement, the City shall furnish a record of the individual's time served and any records concerning medical treatment in the City facility which shall accompany the individual at the time of transfer. 21. Pre-trial detainees shall not be assigned a trustee status by the City unless directed by the court to do so. Pre-trial detainees must be guarded when out of the confines of the jail and must be secured when in the jail. . 22. This Agreement will become effective July 1, 1990 and continue in force until June 30, 1991, except that it may be terminated by either party upon thirty (30) days' written notification to the other. This Agreement may be amended by agreement of the parties. -9- . IN WITNESS OF THIS AGREEMENT, the undersigned duly authorized officers have subscribed their name on behalf of the Department and the City respectively. City: Department of Public Safety By:A~ - ~~~~,vA?~ Off~c al T~t1e Offic~a1 Title Date: b-/,-?,4' Date: 1/ __ _ I ff'TTC:;"S 7 . . -10- . APPENDIX A INDEMNITY AND INSURANCE It is agreed that the City shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the fOllowing policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the City's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. Certification of Insurance may be required by the Contracting Officer prior to beginning work and must provide for a 30-day prior notice of cancellation, nonrenewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the City's services. 1. . . Workers' Compensation Insurance: The contractor shall prov~de and ma~nta~n, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23.30.045. The City shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work and employer's liability protection not less than $100,000 per person, $100,000 per occurrence. Where applicable, coverage for all federal acts (i.e., U.S.L.& H. and Jones Acts) must also be included. 2. Comprehensive (Commercial) General Liability Insurance: The C~ty shall provide and maintain comprehensive general liability insurance, with coverage limits not less than $300,000 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements. 3. Com rehensive Automobile Liabilit Insurance: The C~ty shal prov~de and ma~nta~n comprehens~ve automobile liability insurance covering all owned, hired and non-owned vehicles with coverage limits not less than $100,000 per person/$300,000 per occurrence bodily injury and $50,000 property damage. . 4. The Department shall assume all liability for the welfare of all State-charged prisoners while confined in the Seward correctional facility in excess of $300,000.00 per occurence with the exception of claims that may occur as a result of structure failure, gross negligence, intentional carelessness, or criminal conduct on the part of City employees. As a condition of the Department's liability responsibility the City agrees to promptly report to the State all claims that could foreseeably exceed an award or settlement of $300,000.00. . .