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HomeMy WebLinkAboutRes1981-019 r 7/8/81 JES:jes CITY OF SEWARD, ALASKA RESOLUTION NO. 81-19 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF PUBLIC SAFETY FOR CONTRACTUAL USE OF THE CITY JAIL FACILITIES WHEREAS, the State of Alaska, Department of Public Safety, wishes to enter into an agreement with the City of Seward for use of the City jail facilities, and WHEREAS, the State has forwarded to the City a contract for such use, setting forth provisions to be in effect from July 1, 1981, through June 30, 1982, and WHEREAS, the State has agreed to reimburse the City for use of its facilities at an annual rate of $134,000, to be paid in 12 monthly installments, and WHEREAS, such jail facilities as requested by the State are available for State use and the City administration recommends approval of execution of the agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that the City Manager is hereby authorized to enter into the "Contract for Services" as attached hereto and incorporated herein by reference, with the State of Alaska Department of Public Safety for use of the City jail facilities. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 11th day of July , 1981. CITY OF SEWARD, ALASKA ) I .{, R~ymond. J-. HugH Mayor . I ,~ II AYES: NOES: ABSENT: Campbell, Gillespie, Hugli, O'Brien, Soriano and Swartz None Cripps ATTEST: APPROVED AS TO FORM: , \ HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska Jo ne E. Shanley, City Clerk 7~!?/~ Fred Arvidson (City Seal) r STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR SERVICES THE PARTIES to this Contract are the Alaska Department of Public Safety (hereinafter referred to as the Department), and the City of Seward (hereinafter referred to as the City). IVHEREAS the Department is entering into this contract by direct negotiation and not by competitive bids since this is a contract for professional services; and WHEREAS the City is willing to undertake the performance of this contract under the terms and general provisions 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 in the custody or control of the Department. The City will provide, maintain, staff and administer a prisoner facil- ity for the incarceration of prisoners of the Department. The facil- ities 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 minimum standards as set forth below. 1. Qualification of Guard Special characteristics and requirements the contractor should consider when hiring guards to oversee the security and well- being of State prisoners in their custody are as follows: ~ a. Prior work experience with the public or of a responsi- ble nature that would give indications of a good repu- tation, good work habits and reliability. b. No persons convicted of a felony crime(s) or serious misdemeanor(s) (where crimes against a person were committed) will be employed to guard State prisoners. c. A guard orientation manual will be furnished by the Department to all new hires and present employees, which outlines basic required information and standards related to their duties and responsibilities. 2. Fire Safety a. The City will put in place and maintain smoke detection devices. b. The City will put in use, at the earliest possible time, those mattresses approved as fire retardant. c. The City will adopt regulations on smoking for all pris- oners keeping in mind the health and welfare of all prisoners being held. 3. Physical Facilities Contract jails will provide the following basic facilities and maintenance requirements. a. The jail facilities will be subject to sanitary inspection. b. Temperatures within the living or recreation areas of the facility must be kept in an acceptable comfort range during summer or winter. Artificial light is required. c. Appropriate sanitation facilities will be made available - 2 - r~ to ensure cleanliness and acceptable health and safety standards. Cleanliness, health and safety rules should be posted and complied with. 4. Food Service Food service is one important aspect to prisoners in con- finement. Food service should satisfy the basic daily nutrient require- ments for individuals in confinement. Each prisoner shall be served three nutritiDnally adequate meals a day. 5. Medical and Dental Services a. Contractors are responsible to provide basic medical ser- vices on a reimbursement basis to those prisoners charged with, or convicted of, a State offense and confined in their facilities who are in need of such services. A bill with the individual's name and services rendered must be submitted to the Department certified by the contracting agency's authorized representative before payment will be made. Any major medical service required for a State prisoner will be reported as soon as practi- cal to the Department with an explanation of the medical problem and justifying the need. Elective medical serv- ices will not be performed or paid for by the Department without prior approval. b. Emergency procedures will be posted in a conspicuous place where staff will have ready and immediate access to the phone numbers for medical, psychiatric or other such services in order to provide immediate service to prisoners in need. - 3 - r c. Dental services for State prisoners will be extended or limited to the following benefits as a Departmental responsibility for prisoners serving six (6) months or less. Emergency services: 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. No dental services with respect to congenital malforma- tion, cosmetic surgery, or dentistry for purely cosmetic reasons are to be assumed as a Department responsibility. d. No unconscious person, or one in immediate need of medi- cal attention, may be booked or held in a detention facility unless a medical release has been obtained from a medical doctor. Any other prisoner requiring medical attention shall be treated as soon as possible. The jailer or other re- sponsible employee shall maintain control over the custody and issue of all medicine to all prisoners under treatment for chronic ailments to ensure proper use and to guard against overdose. 6. Juvenile/Female/Adult Separation The City, to the limit of its existing capacity, will fur- nish separate quarters for each of these classes of prisoners: adult - 4 - male, adult female, juvenile male, juvenile female. All juveniles will be detained in compliance with AS 47.10.130 so that they cannot com- municate with or view the adult prisoners. Female prisoners will be supervised in every instance by female personnel, except in emergency situations. 7. General Control and Supervision Requirements a. Routine inspections of all cells shall be conducted as often as necessary, but not less than once each hour 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 jailed for intoxication to guard against self- infliction of, accidental or personal injury. b. A record of all visitors shall be maintained indicating date, time and identity of each visitor. c. Proper precautions shall be taken to ensure the safe- keeping of property belonging to prisoners. 8. The City will, in the event a Department prisoner escapes from or leaves the premises of the facility without authority, notify the Department immediately and make every reasonable effort to return the prisoner to the facility without cost to the Department within the City limits of 9. The City will by mutual agreement, or on an individual basis, perform supportive services to effect a work release program for Department prisoners, and the State of Alaska will be entitled to re- ceive from the City all money paid from the work furlough wages of a Department prisoner to the City for subsistence. The amount of money to - 5 - r be paid will be established by the Department. All programs and super- vision of Department prisoners outside the confines of the jail facility require prior approval of the Department, with the exception of routine criminal justice proceedings, such as court hearings and interviews by members of the criminal justice system. 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, and make such records available for inspection by Department auditors. 11. The City will comply with all State statutes and regulations promulgated by the Commissioner of the Department, or his designee, re- lating to the government,care and treatment of State prisoners. HOW- EVER, if any statute, regulation, or request made subsequent to the signing Df this agreement increases the City's cost in the detention and incarceration of Department prisoners, then such additional cost will be reimbursed by the Department in addition to the other reimbursement provisions of this agreement when approved in writing by the Department, prior to the City incurring such cost. In addition, the Department will reimburse the City for the actual cost of a special guard hire when required to provide custody of hospitalized Department prisoners. The City will provide separate billings for these services. 12. The City agrees that no person confined in its jail facility will be subjected to discrimination on any matter relating to his con- finement on the grounds of race, color, religion, national origin, or - 6 - r sex. Further, the City will comply with the U.S. Civil Rights Act of 1964, as amended (P.L. 88-35-42 USC sees. 2000e-2 and 2000e-3) and the Federal regulations implementing it in the hiring and treatment of its employees. 13. The City will save and hold harmless the Department for liability for damages arising from the performance of this agreement. 14. The Department will pay the City for the custody, food, and other services provided to the Department's prisoners by the City at a rate of $134,000.00 annually; to be paid in twelve (12) monthly install- ments of $11,166.66. 15. The Department will make monthly payments to the City on the receipt of a properly certified bill. Certification will consist of a written statement by the officer in charge of the facility that the bill amount is true and proper and that services have been rendered as required by this agreement. Certified bills shall consist of the following: a. Consisting of prisoner man days for Department adults and juvenile prisoners. b. Statements of amount due for prisoners care under Sections 5, 9 and 11. 16. The Department will reimburse the City for the costs of additional staffing upon prior approval of the Department for the super- vision of Department prisoners on approved projects. 17. The Department will transport to other State facilities those prisoners charged with a felony who, after the arraig~ent, fail to effect a lawful release, as well as all other State charged prisoners still in custody beyond serving a minimum of 30 consecutive days in the City's facilities. - 7 - 18. The City will provide transportation and security for all those State charged prisoners who must appear in court or be transported for medical reasons within the local boundaries. 19. This agreement will become effective July 1, 1981 and continue in force until June 30, 1982, except that it may be terminated by either party upon 60 days written notification to the other. This agreement may be amended by agreement of the parties. - 8 - IN WITNESS OF THIS AGREEMENT, the undersigned duly authorized officers have subscribed their name on behalf of the Department and the City, respectively, but it is expressly understood and agreed that this contract shall not be binding on either party until it has been finally approved and signed by the Department of Administration, State of Alaska, under the authority of AS 37.05.220. City: Department of Public Safety Approval: By: lv" j}.. . ~. ~~- Official Title commissioner Official Title Date: State of Alaska Approval: Department of Administration Date: