HomeMy WebLinkAboutRes1991-138
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Sponsored by: Schaefermever
CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-138
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 1992 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 1992 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 immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 28th day of October, 1991.
TlIE CITY OF SEWARD, ALASKA
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Donald W. Cripps, Mayor
AYES:
Burgess, Crane, Cripps, Dunham, Krasnansky, Swartz &
White
None
None
None
NOES:
ABSENT:
ABSTAIN:
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-138
ATTEST:
(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
'7Ac.d. IV ~
Fred B. Arvidson
City Attorney
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ALASKA DEPARTMENT OF PUBUC SAFETY
CONTRACT FOR JAIL SERVICES
October 1, 1991 to June 30, 1992
GENERAL PROVISIONS
The Parties. The partlea to this Contract are the Alaska Department of
Public Safety (the "Department-), and the City of Seward
(the "City").
Sole AgrsBment. The City and the Department undertake this contract
under the terms 8et forth below, and pursuant to the Insurance requirements
and liability provisions contained in Appendix A, which Is made II pert of this
contract. This contract Is the sole agreement between the parties relating to
jeil services, end thera are no other agreements, express or Implied.
Effsctlv8 DatelTarminationJAmendmentl. This contract Is effective
October 1, 1991 and continoes In force until June 30, 1992, except thet it
may be terminated by either partY upon sixty (60) days written agreement of
the parties.
,. The Department wlll:
8. pay the City for the care and confinement 9f 8t8t8 prisoners under
this contract if the City submits to the Department, on forms provided by the
Department, a properly certified monthly accounting of prisoner men-days and
ahort-term detentions by the fifteenth (15th) day of the next month. Payment
will be made Quarterlv In the amount of $615.000. for 8 total of $195.000.
b. review the City's medical and dental exoen888 for prisoners Bnd
submit appropriate expenses to the Department of Corrections for
reimbursement to the City, pursuent to paragraph 7, if a properly certified
monthly accounting Is provided to the Department of Public Safety under that
paragraph; and
C. reImburse the City for special costs, caused by sny statute,
regulation, Department request, or special project (excluding furlough and other
release programs), Incurred subsequent to the signing of this contract, which
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Increases the City's expenses for the Incerceretlon or supervision of prisoners
held under this contract. The City must receive prior written approval from the
Department before Incurring additional costs for which It Intends to seek
reimbursement pursuant to this paragraph,
Under this contract, "prisoner" has the meaning given in AS 33.16.900: "an
offender confined for 8 violation of 8tat8 lew. but does not Include a person
confined under AS 47"; "orisoner men-dav" meens that a prisoner was
confined during one day for more than four (4) hours but less than or equal to
twentY-four (24) hours; If a prisoner Is confined for less then or equal to (4)
hours in a 24-hour period the accounting shall indicate one-half man-day; and
"properly certified accounting" means a written statement by the official In
charge of the jail facility awearing that the accounting Is accurate, and the
services were rendered as required by this contract; "short-term detention"
mean. that a prisoner was admitted into the jail facility, but released within
four (4) hours.
2. The City will:
a, at the reQuest of the DeDartment. ODerate a lall ~cili1y to
Incarcerate prisoners thet ere the responsibility of the Department
pursuant to AS 33.30.071, or who are transferred by the Department
from other areas of the state. The City also 8grees that the Department
may transfer prisoners from the City jail to other ar888. The Jell facilities
and servIces will be adequate for the safekeeping, housing, care,
subaistence and discipline of prisoners and the protection of the public,
and will Include qualified personnel;
b. Dermlt the lall facility to b9 Insoected at any reasonable time by
the Department of Public Safety, to alsure compliance with the terms of
this contrl!lct. The City will submit reports and data, 8S requested by the
Department, and 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; end
C. not subiect anv orisoner to discrimination 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. 88-36-42 use S8C8.
2000e-2 and 2000e-3) and the Federal regulations implementing the act
in the hiring end treatment of its employees.
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spECIFIC PROVISIONS
3. Control. Supervision and Inspection. The City will:
8. oeriodicelly in.pect ell cells. living arees and 8E\nltation facilities to
protect the health. .afety and welfare of prisoners. and adopt rules
governing prIsoner cleanliness, health, and safetY. Air temperatures and
anlflciallight will be maintained in the living areas of the facility within
8 reasonable range throughout the year, taking Into consideration local
conditions. The results of each Inspection shall be logged In appropriate
record.;
b. D8rmlt reasonable visitation. for oriaoner.. Scheduling should allow
for vIsitation at 11Iast three times weekly. A record of all visitors shall be
maintained IndicatIng date, time and Identity of each visitor;
c, teke proper precautlonll to orotect property belonging to prisoners
from 1088 or destruction;
d, furnish C1uarters for female and male prisoner. in a manner which
provides a reasonable degree of privacy from prisoners of the oppo.slte
sex;
e. QUBrd prisoners when out of the confines of the lall. except
pursuant to court-ordered releas'i
f. if III prisoner esq~O.1I or ISBVRS th. orsmlllss of thR 'BOTlltv wlthgut
authorltv, notify the Department immediately upon discovery and make
every reasonable effort to return the prisoner to the facility without cost
to the Department, provided the prisoner Is recaptured within the City
limits;
g. give 809cial attention to orisoners who are intoxieated or have
demonstrated suicidal tendeneies, to minimize the risk of aecidental or
8elf-Inflicted injury; and
h. maintain continual and eonstBnt sight Bnd SlIund sepsrBtion for
juveniles from edult prisoners in the facility at the same time.
4. Qualifications of Jail Personnel. When selecting personnel to oversee the
security end well-being of prisoners held under this contrBct, the City will:
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a. take Intq consideration Drlor work exoerience with the public, or
of a responsible nature, that would give Indications 018 good reputation,
good work habits and reliability;
b, not select persons with a criminal record consisting of a conviction
for any felony, or a serious mlsdeme8nor involving IS crime against ill
personi
c. not 8Blect oersons under nineteen (191 vears of Bas: Bnd
d. Drovide iall personnel with B Jail Officer Tralnlna Manual provided
by the DepBrtment, and ensute that Jail personnel review and complete
the training course or have received training that Is acceptable to the
Department 8S comparable.
5. Fire ~,f8tv. In the jail facilitY the City will:
a. maintain workln~ and functionalsmok9 d9tection devices Bnd fire
extinguishers, properly positioned for effective utilization;
b. use mattra'lIes constructed of fire retardant materials;
c. adopt and enforcQ rules concernlnv smoklno bv Drieoners, keeping
In mind the health Elnd welfare of all prisoners;
d. establish and AQ8t rSQulstions for smerpencv fire &SceDe bv
arlsoners; and
e, control the oresence of coml;lustlble msterials in areas where
smoking Is permitted to eliminate the possibility of 8 fire Incident.
6. Food Service. In providing food for prisoners, the CIty will:
8. meat basic dallv nutrient requlrQments for individuals In
confinementi and
b. orovide el'ch orlsoner three l~) meals per day, except that at the
option of the City, prisoners may be served two (2) nutritionally
adequate meals on Saturdey.. Sundays and holidays, consisting of a /ate
breakfast and 8 dinner meal.
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7, Medical and Dental Services. The City will:
8. not 8cceDt I orlsoner Into the facility. wno would otherwise be
booked Into the facility under this contract. if the orlspI)8r Is unconscious
Qr Ir) Immediate need of medical 8ttBntlo,,:
b. provide basic medical services and malor medical services to
prisoners held under this contract. Prisoners who require medical
attention must be provided treatment a8 soon 8S possible, taking IntD
consideration the nature of the illness or Injury;
C. maintain control of and dlsDI!DRI! medicine to prIsoners in
compliance with directions specified bV a phY$lclan, or other qualified
health care provider, and take reasonable steps to guard against misuse
or overdose of medicines by prisoners;
d. edoDt 8ml!ra8[1~Y medical Drocedur98 and make available
telephone numbers for medical, psychiatric or other such services, SD
that staff will have ready acoess to such informetlon;
e. obti!lin reimbursement from the DeDsrtment of Corrections for
exDen88S of bulc medical services that are the responsibility Df the
Department of Corrections under AS 33.30.071, but excluding care
provided under paragraph 78, Reimbursement will be made upon reoelpt
and approv.1 by the Department of pubnc Safety of a properly certified
accounting containing: (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 ahowing the prlaoner'8 elate and time of booking,
and (iii) a copy of the medical payment request form. This
reimbursement will be in addition to the reimbursement payments for
routine cere and custody under paragraph 18;
f. obtain reimbursement from the Department of COfrl;lctlons for
IIxDenses of mIljor medical services that are the responsibility of the
Department of CorrectiOns under AS 33.30.071, based on submission
of the documents required in pal'8greph 7e, if approval by the
Department of Public Safety was obtained prior to Incurring liability for
such services. Reimbursable expenses Include the C08t of hiring guards
for hospitalized prisone!'s. However, In the case of an emergency
requiring malor medical services before approval can be obtaIned,
reimbursement will be provided if the City made a reasonable effort to
obtain prior approval and was unable to do so due to the emergency
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nature of the required care, and afterwards promptly notified the
Department of the emergency, Department approval will not be
unreasonably withheld;
g. prO\(ldo tho followlnp dents I services to prisoner., to be
reimbursed by the Depertment of Corrections under the procedure
outlined In paragraphs 7e and 7f above:
control bleeding;
relieve pain;
eliminate acute Infection;
operative procedures required to prevent pulpal death and
imminent 1088 of teeth;
treatment of Injuries to teeth or rapalr of supporting dental
structures, caused by accident or InJury;
h. make necessarv effort and take aDoroorlate ~eps to assure that
the State is billBd only for necessarv and reoulrer;i I'!l9dlcal gervlee.
beyond the ability of the prisoner or his/her Insurance carrier to pay;
i. not accommodate or 8DDrove reouests for elective medical
servic8s,
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Definitions of Madical Terms. In this contract
"elective medical services" means any medical service which Is
requested for cosmetic /'88S0ns, or which cen reo5onebly be
postponed until the rel88se of the prisoner without creating an
undue risk of harm to the general health of the prisoner, or which
Is 8 dental service to repair a congenital malformation or for
oosmetlc: reasons;
"major medical'8rvice" means any medic.1 service which requires
hospitalization or in-patient care and which 18 necessary to
maintain the general health of a prisoner, and specifically excludes
elective medical servicesj and
Rbaaie medical service" means any medical service which Is
necessary to m8intain the general health of III prisoner, and whIch
can be accomplished on an .out-patlentR basis, and specificallv
excludes elective medIcal sarvlces.
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8.
TrensDDrtatlon of Prisoners.
8, The Department will transport prisoners to other correctional
facilities, unless a valid reason or olrcumstance exists to dictate otherwise. If
(I) after arraignment, a prisoner cherged with a felony falls to obtain release
pending trial, or (ii) .. prisoner remelns in custody, In II pretrial or sentenced
status, in excess of...3.Q.. consecutive daya.
b. Notwlthsunding paragraph 821. the City agree8 to hold prisoners
until the Department arranges the transportation, provided that such
transportation will be accomplished 88 expeditiously illS PDaslble.
c. The City will provide transportation and security for prisoners held
pursuant to this contr8ct who must appear In court or be transported for
medical or dental services within local boundaries.
d. When a prisoner Is being transferred by the Department from the
City Jail facility to another correctional institution or other placement, the City
shall furnish the Department, 8t the time of transfer. with a prisoner flle
contaIning a record of the prisoner's time served, institutional adjustment, and
any recorda concerning medical and dental trefrtment.
9. FurlouOh or R.le.s. Proarams. The City will not operate furlough or
release programs for presentence prisoners held pursuant to this contract,
unless ordered by a court, The City will not permit a furlough or release for any
sentenced prisoners without the consent of the Department of Public Safety,
which mBY not be given without approval from the Department of Corrections.
10. Paat SeNless: The City will c;:ontlnue to provide past support services
to the Department and Its personnel.
For the City:
For the Department of Public Safety:
By:
By:
Offici.' Title
Official Title
Date:
Date:
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APPENDIX A
INDEMNITY AND INSURANCE
It i8 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 In$urenee. 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 8 3D-day prior
notice of cancellation, non renewe I 01" 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.
Worker'!!! Compensation Insurance: The contr'etor shall provide
end maintain, for all employees of the contractor engaged in work
under this contract, Worker's Compensation Insurance as required
by AS 23.30.045. The City shall be responSible for Worker's
Compensation Insurance for eny subcontractor who directly or
Indirectly provides services under this contr,ct. This coverage
must Include statutory coverage for 8tates in which employees are
engaging in work Bnd employer" liability protection not le88 than
.100,000 per person, .100,000 per occutrCance. Where
applicable, coverage for all federal acta Ii.e., U.S.L.&H. and Jones
ActSl must also be Included,
2. CQmorehensive IComl1)erclall Generel Uebili~ InsurBl'lcg: The City
shall provide and maintain comprehensive general liability
In.urance. with coverage limits not less than $300,000 combined
single limit per occurrence and annual aggregates where generally
applicable and she/l include premises operations, independent
contractors, products/completed operations, broad form property
damage, blanket contractual and personalln)urv endorsements.
3. Comprehen!!!lve Automobile liebili1:y Insuranc,: The City shall
provide and maintain comprehensive automobile liability insurance
covering all owned, hired Bnd non-owned vehicles with coverage
limits not less than .100,000 per person/.300,OOO per
occurrence bodily injury and $50,000 property damage, for any
vehicle used to transport prisoners pursuant to this contract.
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4.
The Department shall 8SIume a/l liability for the welfare of all
State-charged prisoner, while confined In the correctional facility
In excess of 4300,000 per occurrence with the exception of
Claims that may ocour 88 a reault of structure failure, gross
negligence, intentional carelessness, or criminal conduct on the
pan 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 for8seeably exceed 8n award 01"
settlement of $300,000.
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