Loading...
HomeMy WebLinkAboutRes1992-108 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 92-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE FISCAL YEAR 1993 STATE JAIL CONTRACT WHEREAS, the city of Seward annually enters into a contract with the state of Alaska for operation of the state jail facility in Sewardj and WHEREAS, the current contract expires June 30, 1992j and WHEREAS, the proposed jail contract for Fiscal Year 1993 has been reviewed by the Police Chief and the City Manager and has been found to be acceptablej NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Fiscal Year 1993 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 22nd day of June, 1992. THE CITY OF SEWARD, ALASKA (/, ,: //l- { C/i-1tLt.& F. L >~_ Donald W. Cripps, Mayor AYES: NOES: ABSENT: ABSTAIN: Bencardino, Crane, Cripps, Dunham, Krasnansky, Swartz, White None None None . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 92-108 A TrEST: APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 'Z--<. 111J t4- Fred B. Arvidson City Attorney (City Seal) \. . ALASKA DEPARTMENT OF PUBLIC SAFETY CONTRACT FOR JAIL SERVICES July 1, 1992 to June 30, 1993 GENERAL PROVISIONS The Parties. The parties to this Contract are the Alaska Department of Public Safety (the "Department"), and the City of Seward (the "City"). Sole Aareement. The City and the Department undertake this contract under the terms set forth below, and pursuant to the insurance requirements and liability provisions contained in Appendix A, which is made a part of this contract. This contract is the sole agreement between the parties relating to jail services, and there are no other agreements, express or implied. . Effective Date/Termination/Amendments. This contract is effective July 1, 1992 and continues in force until June 30, 1993, except that it may be terminated by either party upon sixty (60) days written agreement of the parties. 1. The Department will: a. oav the City for the care and confinement of state orisoners under this contract if the City submits to the Department, on forms provided by the Department, a properly certified monthly accounting of prisoner man-days and short-term detentions by the fifteenth (15th) day of the next month. Payment will be made quarterly in the amount of $68.250. for a total of $273.000. b. review the City's medical and dental exoenses for orisoners and submit appropriate expenses to the Department of Corrections for reimbursement to the City, pursuant to paragraph 7, if a properly certifi~ . monthly accounting is provided to the Department of Public Safety under th8t paragraph; and . c. reimburse the City for soecial costs, caused by any statute, regulation, Department request, or special project (excluding furlough and other release programs), incurred subsequent to the signing of this contract, which C_.ct fM J8lI ServieM: Sew..d P.... 1 of 7 . increases the City's expenses for the incarceration 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, "orisoner" has the meaning given in AS 33.16.900: "an offender confined for a violation of state law, but does not include a person confined under AS 47"; "orisoner man-dav" means 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 than or equal to (4) hours in a 24-hour period the accounting shall indicate one-half man-day; and "orooerlv certified accountina" means a written statement by the official in charge of the jail facility swearing that the accounting is accurate, and the services were rendered as required by this contract; "short-term detention" means that a prisoner was admitted into the jail facility, but released within four (4) hours. 2. The City will: . a. at the reauest of the Deoartment. ooerate a iail facilitv to incarcerate orisoners that are 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 agrees that the Department may transfer prisoners from the City jail to other areas. The jail facilities and services will be adequate for the safekeeping, housing, care, subsistence and discipline of prisoners and the protection of the public, and will include qualified personnel; b. oermit the iail facilitv to be insoected at any reasonable time by the Department of Public Safety, to assure compliance with the terms of this contract. The City will submit reports and data, as 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; and c. not subiect anv orisoner to discrimination on the grounds of ragt, 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 USC secs. 2000e-2 and 2000e-3) and the Federal regulations implementing the act in the hiring and treatment of its employees. . Comract for Jail Service.: Seward Page 2 of 7 . SPECIFIC PROVISIONS 3. Control. Suoervision and Insoection. The City will: a. oeriodicallv insoect all cells, living areas and sanitation facilities to protect the health, safety and welfare of prisoners, and adopt rules governing prisoner cleanliness, health, and safety. Air temperatures and artificial light will be maintained in the living areas of the facility within a reasonable range throughout the year, taking into consideration local conditions. The results of each inspection shall be logged in appropriate records; b. oermit reasonable visitation for orisoners. Scheduling should allow for visitation at least three times weekly. A record of all visitors shall be maintained indicating date, time and identity of each visitor; c. take Droner orecautions to orotect orooertv belonging to prisoners from loss or destruction; --. d. furnish auarters for female and male orisoners in a manner which provides a reasonable degree of privacy from prisoners of the opposite sex; e. auard orisoners when out of the confines of the iail. except pursuant to court-ordered release; f. if a orisoner escaoes or leaves the oremises of the facilitv without authoritv, 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. Qive soecial attention to orisoners who are intoxicated or have demonstrated suicidal tendencies, to minimize the risk of accidental or self-inflicted injury; and h. maintain continual and constant siaht and sound seoaration fOr juveniles from adult prisoners in the facility at the same time. 4. Qualifications of Jail Personnel. When selecting personnel to oversee the security and well-being of prisoners held under this contract, the City will: . eomract for Jail ServIcee: Seward Page 3 of 7 . a. take into consideration orior work exoerience with the public, or of a responsible nature, that would give indications of a good reputation, good work habits and reliability; b. not select oersons with a criminal record consisting of a conviction for any felony, or a serious misdemeanor involving a crime against a person; c. not select oersons under nineteen 1191 vears of age: and d. orovide iail oersonnel with a Jail Officer Trainina Manual provided by the Department, and ensure that jail personnel review and complete the training course or have received training that is acceptable to the Department as comparable. 5. Fire Safety. In the jail facility the City will: a. maintain workina and functional smoke detection devices and fire extinguishers, properly positioned for effective utilization; . b. use mattresses constructed of fire retardant materials; c. adoot and enforce rules concernina smokina bv orisoners, keeping in mind the health and welfare of all prisoners; d. establish and oost reaulations for emergencv fire escaoe bv orisoners; and e. control the oresence of combustible materials in areas where smoking is permitted to eliminate the possibility of a fire incident. 6. Food Service. In providing faod far prisoners, the City will: a. meet basic dailv nutrient reauirements for individuals in confinement; and b. orovide each orisoner three 131 meals oer day. except that at ttie option of the City, prisoners may be served two (2) nutritionally adequate meals on Saturdays, Sundays and holidays, consisting of a late breakfast and a dinner meal. . ConV8ct flW Jd Set .n-: Sewn P8118 4 of 7 . 7. Medical and Dental Services. The City will: a. not acceot a orisoner into the facilitv. who would otherwise be booked into the facilitv under this contract. if the orisoner is unconscious or in immediate need of medical attention: b. orovide basic medical services and maior medical services to prisoners held under this contract. Prisoners who require medical attention must be provided treatment as soon as possible, taking into consideration the nature of the illness or injury; c. maintain control of and disoense medicine to prisoners in compliance with directions specified by a physician, or other qualified health care provider, and take reasonable steps to guard against misuse or overdose of medicines by prisoners; d. adoot emeraencv medical orocedures and make available telephone numbers for medical, psychiatric or other such services, so that staff will have ready access to such information; . e. obtain reimbursement from the Deoartment of Corrections for exoenses of basic medical services that are the responsibility of the Department of Corrections under AS 33.30.071, but excluding care provided under paragraph 7a. Reimbursement will be made upon receipt and approval by the Department of Public 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 showing the prisoner's date 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 care and custody under paragraph 1 a; . f. obtain reimbursement from the Deoartment of Corrections for exoenses of maior medical services that are the responsibility of the Department of Corrections under AS 33.30.071, based on submission of the documents required in paragraph 7e, if approval by tile Department of Public Safety was obtained prior to incurring liability for such services. Reimbursable expenses include the cost of hiring guards for hospitalized prisoners. However, in the case of an emergency requiring major 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 Camr8ct fM .I" 8ervicM: s.w8ld P8ge 6 of 7 . nature of the required care, and afterwards promptly notified the Department of the emergency. Department approval will not be unreasonably withheld; g. erovide the followina dental services to prisoners, to be reimbursed by the Department 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 loss of teeth; treatment of injuries to teeth or repair of supporting dental structures, caused by accident or injury; h. make necessarv effort and take aeeroeriate stees to assure that the State is billed onlv for necessarv and reauired medical services beyond the ability of the prisoner or his/her insurance carrier ta pay; . i. not accommodate or aeerove reauests for elective medical services. j. Definitions of Medical Terms. In this contract "elective medical services" means any medical service which is requested for cosmetic reasons, or 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 a dental service to repair a congenital malformation or for cosmetic reasons; "major medical service" means any medical service which requires hospitalization or in-patient care and which is necessary to maintain the general health of a prisoner, and specifically excludes elective medical services; and - "basic medical service" means any medical service which is necessary to maintain the general health of a prisoner, and which can be accomplished on an "out-patient" basis, and specifically excludes elective medical services. . Contr8ct for J811 8ervI_: Sew8td P8ge . of 7 . 8. TransDortation of Prisoners. a. The Department will transport prisoners to other correctional facilities, unless a valid reason or circumstance exists to dictate otherwise, if (i) after arraignment, a prisoner charged with a felony fails to obtain release pending trial, or (ij) a prisoner remains in custody, in a pretrial or sentenced status, in excess of ..J.Q.. consecutive days. b. Notwithstanding paragraph 8a, the City agrees to hold prisoners until the Department arranges the transportation, provided that such transportation will be accomplished as expeditiously as possible. c. The City will provide transportation and security for prisoners held pursuant to this contract 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, at the time of transfer, with a prisoner file containing a record of the prisoner's time served, institutional adjustment, and any records concerning medical and dental treatment. 9. Furlouah or Release 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 may not be given without approval from the Department of Corrections. 10. Past Services: The City will continue to provide past support services to the Department and its personnel. For the City: ment of Public Safety: . a#'~-~ e~ ~~4J~~ Official Title - By: !2J. ~ - VJJnJ/S( ~ Official Title . Date: ~. ~!:",.. 7'2- Date: 7 J~/ f"V { c Convect for J'" s.m-: Sew..d Pege 7 of 7 . 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. Certificates of Insurance must be furnished to 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. Worker's Comoensation Insurance: The City shall provide and maintain, for all employees of the City 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 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. . 2. Comorehensive Automobile Liability Insurance: The City shall provide and maintain comprehensive 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. 3. Comorehensive (Commercial! General Liability Insurance: The City shall provide and maintain comprehensive general liability insurance with combined single limit per occurrence of not less than $ 1,000,000 covering activities associated with or arising out of this contract (to include jail keepers legal liability coverage) and shall cause the State to be added as an additional insured undttr such policies. The City shall be solely responsible for the payment of any claims or losses to the extent they fall within the deduct- ible amount of such insurance. This insurance shall be primary to any other insurance or self insurance carried by the State. . 4. Excess Liability Insurance: Because the City has only been able to purchase up to $ 1,000,000 liability insurance coverage through available commercial markets to provide jail keeper's'legalliability coverage for the City's activities under this agreement, the State . has agreed to provide excess jail keeper's legal liability coverage. but only for claims directly resulting from the City's services under this agreement for the incarceration of a "prisoner" as defined earlier in this agreement. The State will provide the City's jail keeper's legal liability insurance coverage of $4,000,000 excess of $1,000,000 per occurrence and annual aggregate as an excess insurer for any claims covered by the primary jailkeeper's legal liability policy carried by the City, excluding any damages awarded as a result of intentional or malicious misconduct, criminal conduct, or outrageous conduct on the part of City or its employees or agents. All conditions of the primary jail keeper's legal liability policy are considered a part of this excess liability protection. As an additional condition precedent to this excess liability coverage, City agrees to promptly report to the State all claims that could foreseeably penetrate to this excess policy level and cooperate with the State in the defense and/or settlement of the claim. . .