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HomeMy WebLinkAboutRes1995-008 . . . 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 - 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) - . . . 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 , . . I. 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 . . . 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 . . . SENT BY:Alas~a 3~ate Troc~ers; -4"-~) . ". 'U~ .'- """~ '::",""i '...."fI:i J:M,':'~';'- 1~:= _.:..:~_:~ ~: 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 . . . 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 . . . 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 . . . 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&