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HomeMy WebLinkAboutRes1991-138 . . . 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 ~,/ , I. j ", / {/ " GCr~v~thl ' ~ -7'~ Donald W. Cripps, Mayor AYES: Burgess, Crane, Cripps, Dunham, Krasnansky, Swartz & White None None None NOES: ABSENT: ABSTAIN: -1- . . . 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 -2- SENT BY:DPS . . . ;10-23-81 8:40 COMMISSIONER'S OFC, ~ 8072243248:# 2 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 &rrir.... foI Jd........: ..WlIrd ,...,of7 -19- SENT BY:DPS . . . ;10-23-91 9:40 COMMISSIONER'S OFC. ~ 9072243246;# 3 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. ClIlttUt fDI' Jail """_1 __.. ...... taf7 -20- SENT 3Y:DP5 . . . ;10-23-91 9:41 COMMISSIONER'S OFC, ~ 9072243248:# 4 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: Can1raat tar JaIl s.rvI_= "ward ..... hI 7 -ZI- SENT BY:DPS . . . ;10-23-91 9:42 COMMISSIONER'S OFC, ~ 9072243246;# 5 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. O-.at far J.I 80l1Yl_, "wwd '..4..7 -22- SENT BY:DPS . :. . ; 10-23-91 9:43 COMMISSIONER'S OFC, ~ 9072243246;# 6 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 CeI\tl'a. f....... .........: ......d P.... ot 7 -23- SENT BY:DPS . . . ;10-23-91 COMMISSIONER'S OFC,~ 9072243248;# 7 9:43 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, j. 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. owm.. fw .... ..""-: "w.d p.... of' -24- SENT BY:DPS . . . ;, 0-23-91 COMMISSIONER'S OFC,~ 9072243246;# 6 9:44 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: CIln1r.ot f... ..... hnd_l Iew.nl .....7a17 -25- SENT BY:DPS . . . ;10-23-81 8:45 COMMISSIONER'S OFC, ~ 8072243246;# 8 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. GanIr_ tar ...., ~_: .....rd Appandll Al P... 1 "'2 -26- SENT BY:DPS . . . i 1 0-23-91 9:45 COMMISSIONER'S OFC, ~ 9072243246;#10 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. c.nr_ fDr .wi.......: __.. App.ndbl AI '.... 2 lit 2 -27-