HomeMy WebLinkAboutRes1993-063
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Sponsored by: Tones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING AN AMENDMENT OF THE
TERMS OF THE GENERAL OBLIGATION BONDS, SERIES 1987,
AUTHORIZED BY RESOLUTION NO. 87-109; AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO LOAN AGREEMENT BETWEEN
THE CITY OF SEWARD AND THE ALASKA MUNICIPAL BOND
BANK AND PROVIDING FOR RELATED MA TIERS
WHEREAS, the city of Seward ("the City"), by Resolution No. 87-109 (the "Bond
Resolution"), authorized the issuance of not to exceed $2,550,000 of General Obligation
Bonds, Series 1987, of the City (the "Bonds")j and
WHEREAS, Resolution No. 87-113 of the City authorized the sale of the Bonds to
the Alaska Municipal Bond Bank (the"Bank") under the terms of a Loan Agreement dated
as of December 1, 1987 (the "Loan Agreement"), between the Bank and the City, and the
Bank purchased the Bonds with the proceeds of its General Obligation Bonds, 1987 Series
A (the "Bank Bonds"); and
WHEREAS, the Bank has determined that a refunding of a portion of the Bank
Bonds will reduce the combined principal and interest payments thereon and on the
Bonds; and
WHEREAS, after due consideration it appears to the City Council that it is
advisable for the City to provide for the amendment of the terms of the Bonds and the
Loan Agreement to conform to the terms of the refunding bonds to be issued by the
Bank, in order to effect a savings of debt service on the Bonds; and
WHEREAS, because the principal amounts and interest rates of the amended
Bonds will not be known until the Bank sells its bonds to refund the Bank Bonds, the
exact principal amounts of and interest on the Bonds as amended shall hereafter be fixed
by the Mayor or City Manager subject to the provisions of this resolutionj and
WHEREAS, the City Council finds that the anticipated date of the week of May
17,1993, for the pricing and sale of the Bonds creates an emergency situation necessitat-
ing the introduction and adoption of this Resolution at the City Council's regular meeting
of May 10, 1993;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-063
Section 1. The Mayor and City Manager each hereby is authorized to approve
amendments to the Bonds maturing on and after December 1, 1998, to conform the
principal amounts of and interest rates on such Bonds to the principal amounts of and
interest rates on the corresponding bonds of the Bank issued to refund the Bank Bonds,
provided that (i) the true interest cost expressed as a percentage payable on the
outstanding principal of the Bonds as amended shall not exceed 5.75% per annum, and
(ii) the debt service savings to be realized through the amendment of the Bonds will
equal at least 4.0% of the principal amount of the amended maturities of the Bonds, net
of all issuance costs and underwriting discount, on a present value basis.
Section 2. If any of the Bonds maturing on or prior to October 1, 2003, are
amended pursuant to Section 1, such maturities of the Bonds shall not be subject to
optional redemption by the City prior to their maturity. If the Bonds maturing on or
after December 1, 2004, are amended pursuant to Section 1, such Bonds shall be subject
to redemption to the City at the times, and on the terms, fixed by the Mayor and City
Manager pursuant to Section 1.
Section 3. The Mayor, City Manager and Clerk each hereby is authorized to
execute Bonds amended pursuant to this resolution and deliver such amended Bonds to
the Bank in exchange for the original Bonds. In case any officer whose signature shall
appear on any amended Bond shall cease to be such officer before the delivery of such
Bond, such signature or such facsimile shall nevertheless be valid and sufficient for all
purposes the same as if such officer had remained in office until such delivery.
Section 4. The Mayor, City Manager and Clerk each hereby is authorized to
execute an Amendment to Loan Agreement in substantially the form submitted to and
part of the records of this meeting, incorporating the amended terms of the Municipal
Bonds as authorized by Sections 1 and 2.
Section 5. The Mayor, City Manager, Finance Director and Clerk each hereby is
authorized and directed to do and perform all things and determine all matters not
determined by this resolution, to the end that the City may carry out its obligations
under the Bonds, the Loan Agreement and this resolution.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
10th day of May, 1993.
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ALASKA DEPARTMENT OF PUBLIC SAFETY
CONTRACT FOR JAIL SERVICES
July 1, 1993 to June 30, 1994
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 Agreement. 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.
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Effective DatelTermination/Amendments. This contract is effective July
1, 1993 and continues in force until June 30, 1994, except that it may be
terminated by either party upon sixty (60) days written agreement of the
parties.
1. The Department will:
a. oay 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 prisoners and
submit appropriate expenses to the Department of Corrections for
reimbursement to the City, pursuant 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 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
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Contract for Jail Services: Seward
Page 1 01 7
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SPECIFIC PROVISIONS
3. Control. Supervision and Inspection. The City will:
a. periodicallv 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. permit reasonable visitation for prisoners. 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 proper precautions to protect property belonging to prisoners
from loss or destruction;
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d. furnish auarters for female and male prisoners in a manner which
provides a reasonable degree of privacy from prisoners of the opposite
sex;
e. guard prisoners when out of the confines of the iail, except
pursuant to court-ordered release;
f. if a prisoner escapes or leaves the premises of the facility without
authority, 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 special attention to prisoners who are intoxicated or have
demonstrated suicidal tendencies, to minimize the risk of accidental or
self-inflicted injury; and
h. maintain continual and constant sight and sound separation 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:
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Contract for Jail Services: Seward
Page 3 of 7
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a. take into consideration prior work experience with the public, or
of a responsible nature, that would give indications of a 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 misdemeanor involving a crime against a
person;
c. not select persons under nineteen (19) years of age; and
d. provide iail personnel with a Jail Officer Training 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 working and functional smoke detection devices and fire
extinguishers, properly positioned for effective utilization;
b. use mattresses constructed of fire retardant materials;
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c. adopt and enforce rules concerninq smoking by prisoners, keeping
in mind the health and welfare of all prisoners;
d. establish and post regulations for emerqency fire escape by
prisoners; and
e. control the presence of combustible materials in areas where
smoking is permitted to eliminate the possibility of a fire incident.
6. Food Service. In providing food for prisoners, the City will:
a. meet basic daily nutrient requirements for individuals in
confinement; and
b. provide each prisoner three (31 meals per day, except that at the
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.
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Contract for Jail Services: Seward
Page 4 01 7
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7. Medical and Dental Services. The City will:
a. not accept a prisoner into the facility, who would otherwise be
booked into the facility under this contract. if the prisoner 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 dispense 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. adopt emergency medical orocedures and make available
telephone numbers for medical, psychiatric or other such services, so
that staff will have ready access to such information;
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e. obtain reimbursement from the Department of Corrections for
expenses 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 Department of Corrections for
expenses 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 the
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
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Contract for Jail Services: Seward
Page 5 of 7
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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. provide the following 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 necessary effort and take aopropriate steos to assure that
the State is billed only for necessary and required medical services
beyond the ability of the prisoner or his/her insurance carrier to pay;
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i. not accommodate or approve requests 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.
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Contract for Jail Services: Seward
Page 6 of 1
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8.
Transportation of Prisoners.
a. The Department will transport prisoners to other correctional
facilities, unless a valid reason or circumstance exists to dictate otherwise, if
(il after arraignment, a prisoner charged with a felony fails to obtain release
pending trial, or (iil a prisoner remains in custody, in a pretrial or sentenced
status, in excess of 30 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.
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9. Furlough or Release Programs. 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:
For the Department of Public Safety:
By: -;')lL jrrZr-z-z/
By:
//t/ Tn'/;); (lITY /)/.lJIY/9GRk7
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Official Title
Official Title
Date: 'jJ}~y /3.. Fl1,3
Date:
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Contract for Jail Services: Seward
Page 7 of 7
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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 3D-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 contractor shall provide
and 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 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.
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2. Comorehensive (Commercial) General Liability Insurance: The City
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. Comprehensive 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, for any
vehicle used to transport prisoners pursuant to this contract.
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Contract for Jail Services: Seward
Appendix A: Page 1 of 2
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The Department shall assume all liability for the Vlle:t",:e or ,:'
State-charged prisoners while confined In the correctlor'al fa(~:
III excess of $300,000 per occurrence with the except'o' of
claims that may occur as a result of structure failure, grL)SS
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.
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C~);il ,1'__t i" J,j.: ":er'. eS S", ~""'i, <.
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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, "prisoner" 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"; "prisoner man-day" 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
"properly certified accounting" 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:
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a. at the request of the Department, operate a iail facility to
incarcerate prisoners 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. permit the iail facility to be inspected 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 any prisoner 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. 88-35-42 USC secs.
2000e-2 and 2000e-3) and the Federal regulations implementing the act
in the hiring and treatment of its employees.
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Contract for Jail Services: Seward
Page 2 of 7
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-063
AYES:
NOES:
ABSENT:
ABSTAIN:
ATIEST:
(City Seal)
THE CITY OF SEWARD, ALASKA
Ntw{? u0. C /\{)fl \Q
Dave W. Crane, Mayor
Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz, White
None
None
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
~/'4L
City Attorney