Sample Contract - Androscoggin County Sheriff

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ATIOPFOSCOSSIt! VOUTITY tet a — a | Pe at cf | fe Sheriff's Office bs ws ion, 0G cy _— a z Re ‘ 4 yp Law Enforcement —— ee Hy ee i 2 Tawny f Durhal June 17, 2024

Androscoggin County Sheriff’s Office Agreement for Law Enforcement Services Durham Patrol Agreement for Law Enforcement Services By and Between the Androscoggin County Sheriff’s Office, Board of County Commissioners and the Town of Durham This Contract, effective the Ist day of July 2024 and ending June 30, 2025, is madé by and between Durham, a municipality of the State of Maine whose municipality is wholly located within the boundaries of Androscoggin County, Maine (hereinafter referred to as the “TOWN”), the Gounty of Androscoggin (hereinafter referred to as “COUNTY”), and, Eric G. Samson as Sheriff of Androscoggin County, a Constitutional Officer of the State of Maine (hereinafter referred to as SHERIFF) to provide enhanced law enforcement services within the town limits of Durham, Androscoggin County, Maine.

WITNESSETH:

WHEREAS, the TOWN is desirous of maintaining a high level of professional law enforcement services in conjunction and harmony with its fiscal policies of sound, financial mahagement: and WHEREAS, the TOWN also desires that the law enforcement services be performed such that the citizens of the TOWN retain the sense of community they enjoy; and WHEREAS, the SHERIFF has agreed to provide the TOWN a high level of professional law enforcement services and the TOWN is desirous of contracting for such services upon the terms and conditions hereinafter set forth; an@)WHEREAS, such contracts are authorized and provided for by Title 30A, M.R.S.A. Sections 107, 401, and 452. WHEREAS, the TOWN is desirous of obtaining its law enforcement services through a contractual relationship with the COUNTY; NOW, THEREFORE, in considerationjof the sums hereinafter set forth and for other good and valuable considerations, the receipt and legal’sufficiency of which are hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS:

ARTICLE 1 - DEFINITIONS

1.1 For the purposes of this contract, the following terms shall have the respective meanings hereinafter set forth:

A. Deputy Sheriff shall mean an individual who is appointed by the SHERIFF in accordance with 30-A MRSA §381, and who has executed any necessary oath which is required by law to serve in the position of a certified law enforcement deputy sheriff and perform the duties and responsibilities as set forth in Article 2 of this Contract.

B. Patrol Unit shall mean one staffed, marked patrol car and all standard equipment as defined by the Androscoggin County Sheriff's Office General Orders.

C. Service shall mean comprehensive law enforcement services provided each day of the year on a twenty-four (24) hour per day basis,

D. Substation shall mean a subsidiary or branch station of the Androscoggin County Sheriff's Office.

Page 1 of 8

ARTICLE 2 - LEVELS OF SERVICE

2.1 Law Enforcement Patrol Services

A. The Sheriff shall provide to the TOWN, for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, professional law enforcement services within and throughout the TOWN to the extent and in the manner herein deseribed.

B. The SHERIFF shall assign personnel to provide the level of professional law enforcement services consistent with the Contract set forth herein, or as such service/has been supplemented and enhanced as a result of this Contract and any amendments and supplements thereto,

a. The SHERIFF shall provide to the TOWN the equivalent of four (4) full time deputy sheriffs who are certified law enforcement officers by the Maine Criminal Justice Academy.

C. Law enforcement services shall encompass all those duties and functions of the type coming with the jurisdiction of, and customarily provided by, municipal police departments, to include, but not limited to, patrol services.

D. While contracted to provide law enforcement services, Deputy Sheriffs.willenforce Statutes of the State of Maine. Performance of all dutiesf deputy sheriffs shall be in accordance with Androscoggin County Sheriff's General Orders.

E. When necessary, the SHERIFF shall additionally provide to the TOWN, at no additional cost to the TOWN, the following expertise and services:

a. Crime Scene Services (Crime Scenenvestigators/Investigations, Forensics Investigations, and Collections of Evidence);

b. Prisoner Transport:

c. Records Retention;

d. Law Enforcement Training Section;

e. Task Force Personnel;

f. Crime Prévention;

g. Volunteers and Police Service Activities;

h. Criminal Investigations;

i. Administrative Investigations (Internal Affairs) for the Androscoggin County Sheriffs Office;

j. Any other such units or services as the Androscoggin County Sheriff's Office may provide normally.

F. All deputies assigned to the TOWN shall remain within the town during regular assigned patrol shifts. The TOWN agrees that said designated deputies may leave the limits of the TOWN, during identified duty hours, on official business such as appearances to court, Sheriffs Office, hospitaly,home if located in the TOWN or bordering towns, etc. The deputies may respond to mutual aid requests to towns bordering Durham.

G. In the event of an emergency response call and/or an exigent circumstance arise; deputies assigned to the TOWN will perform services in a similar way that police departments assist other agencies.

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H. Vehicles, Supplies, Equipment, and Office space and Furniture:

a. The COUNTY shall provide said designated deputies with fully-marked police vehicles to include radios, emergency lights, siren, Mobile Data Terminal (MDT) and radar. Also provided with the vehicles shall be one (1) shotgun and (1) rifle each. Said vehicles and equipment will remain the property of the COUNTY.

b. The COUNTY will perform all maintenance to said vehicles, routine or otherwise, as is deemed to be necessary and reasonable by the SHERIFF.

c. The COUNTY shall provide the TOWN, no later than February.4, with a contract cost proposal for the 12-month period beginning July Ist.

d. The TOWN shall provide an office, necessary office suppliés and officefurniture for use by the deputies to fulfill their assignments.

e. Any supplies and office furniture furnished or purchased by the TOWN shall renaain the property of the TOWN.

f. Any supplies and office furniture furnished or purchased by the COUNTY shall remain the property of the COUNTY.

I. The COUNTY will retain ownership of the current vehicles assigned to the TOWN and will be responsible for all future vehicle purchases as well/as registrations, insurance and maintenance for the vehicles.

2.2 Administrative Responsibilities

A. The Deputy Sheriffs will perform all duties and responsibilities consistent with the Androscoggin County Sheriff's Office General Orders, and this contract, under the direction of the SHERIFF.

B. The Chief Deputy or another member of the Sheriffs administration will notify the Town Manager in a timely manner.of any major/significant crimes or incidents, unusual occurrences, or emergencies that occur withimthe TOWN.

C. The Chief Deputy shall provide to theTOWN with a written monthly report in accordance with the following schedule by the 20". day of the following month.

D. As requested bysthe Town Manager)the Sheriff, Chief Deputy, or their designee, shall attend Board of Selectpersonimeetings, community meetings, and meetings with the Town staff which involve issues of mutual contern, as wellas provide advice or consent on law enforcement issues.

E. The SHERIFF shall consult with the Town Manager the permanent assignment of any deputy to Durham or permanent re-assignment of any deputy out of Durham. “Permanent” shall be considered any period of time exceeding sixty (60) calendar days.

Ff. When appropriate, the SHERIFF shall provide the Town Manager a response to citizen inquiries and complaints directed towards the Androscoggin County Sheriff's Office. Such responses shall be provided within sixty (60) days of filing.

2.3 Processing of Evidence

A. Evidence shall be processed in accordance with Androscoggin County Sheriffs Office Policy & Procedures or General Orders.

ARTICLE 3 - OTHER RESPONSIBILITIES

3.1 Control of Services

A. The SHERIFF shall have and maintain the responsibility for and control of the delivery of services, the standards of performance, the discipline of personnel, and other matters incident to the performance of services, duties, and responsibilities as described and contemplated herein.

Page 3 of 8

3.2 Assignment of Law Enforcement

A. The TOWN does hereby vest in each deputy sheriff, to the extent allowed by law, enforcement powers of the TOWN which are necessary to implement and carry forth the services, duties, and responsibilities imposed upon the SHERIFF hereby, for the sole and limited purpose of giving official and lawful status and validity to the performance thereof by such deputy sheriff. Every sworn deputy of the COUNTY so empowered hereby and engaged inthe performance of the services, the duties, and responsibilities described and contemplated herein shall bes\deemed to be sworn officers of the TOWN while performing such duties, services, and responsibilities which constitute municipal functions and are within the scope of this Contract. The SHERIFF shall have and maintain the responsibility for and control of the delivery of services, the standards of performance, the discipline of personnel, and other matters incident to the performance of services, duties, and responsibilities as deseribed and contemplated herein.

ARTICLE 4 —- TOWN OF DURHAM RESPONSIBILITIES

4.1 Office Space

A. The TOWN agrees to maintain and keep in good repair, or cause to be\maintained or repaired, to include necessary building/ground maintenance and pest control, if necessary, for the facility designated by the TOWN as the substation. The COUNTY shall maintain the TOWN designated substation in a clean condition, free from debris, with normal use excepted. In the event the COUNTY, its employees, or appointees destroy, deface, damage, impair, or remove any part of the TOWN designated substation) the COUNTY will be responsible, to the extent permitted by law, for repairing or replacing such property.

B. Future space planning shall,be coordinated\with the COUNTY and the TOWN.

C. The use and occupancy by the SHERIFF of the substation shall include the use in common with others entitled thereto of the automobile parking areas, driveways, pathways, entranceways, means of ingress and egress easements, loading and unloading facilities, and other facilities as may be designated from time to time by the TOWN and are subject to the terms and conditions of this Contract.

4.2 Town’s Ordinances

A. The TOWN shall provide to the SHERIFF one (1) copy of the Durham Town Code Ordinances as adopted, with revisions, as enacted. 4.3 Gasoline

A. The TOWN agrees to supply gasoline for all vehicles patrolling the town of Durham under this Contract.

ARTICLE 5 —- COSTS

5.1 The total amount due for all law enforcement services for the year of this Contract shall be $555,919.65 for services commencing July 1, 2024. 5.2 The TOWN shall make 4 payments in equal installments of $X XX. The first installment shall be due on July 1, 2024, the remaining installments shall be due October 1, 2024, January 1, 2025, and April 1, 2025.

Page 4 of 8

5.3 The consideration recited herein constitutes the entire consideration to be paid herein under and upon the payment thereof, in the manner and the times prescribed herein.

ARTICLE 6 —- ADDITIONAL PERSONNEL

6.1 The SHERIFF may provide Deputy Sheriffs for Security Details at the COUNTY payprate for security details. This service will be at the expense of, and billed directly to, the organization requesting this service.

ARTICLE 7 — REPRESENTATION OF ANDROSCOGGIN COUNTY

7.1 The COUNTY hereby represents and acknowledges that Law Enforcement services in the Contract would not be provided through any appropriation of the annual budget of the COUNTY in the event this Contract did not exist.

ARTICLE 8 - AUDIT OF RECORDS

8.1 The Town Manager, or his designee may, upon reasonable notice to the SHERIFF, examine the existing records relating to the services provided pursuant to the terms of this Contract. Said records shall be maintained by the SHERIFF in accordance with all applicable laws and regulations.

ARTICLE 9 — STANDARDS OF PERFORMANCE

9.1 The TOWN and the SHERIFF shall attempt to.mutually resolve all issues pertaining to the nature of the services and conduct of deputiésyperformed under this;Contract provided, however, that the SHERIFF agrees to receive and consider, injgood faith, all inquiries and requests made by the TOWN.

All decisions pertaining to employment)disciplinesand discharge of personnel, performance of duties, and other personnel matters shall remain exclusively with the SHERIFF.

ARTICLE 10 — DISPUTE RESOLUTION

10.1 Any dispute that cannot be resolved between the parties shall be brought to the Androscoggin

County SuperiorCourt. The parties acknowledge that alternative dispute resolution in the form of arbitration, or mediation, is required early in the court process.

ARTICLE 11 —- INDEMNITY

11.1 The COUNTY agrees to indemnify and hold harmless the TOWN from any and all liability, loss, or damage thatthe TOWN may suffer as a result of claims, demands, costs, or judgments against it arising out of the COUNTY ’s performance, or failure to perform, any of the obligations set forth in the Contract. The COUNTY further agrees to defend any claims brought, or actions filed, against the TOWN with respect to the COUNTY’s performance, or non-performance of this Contract, whether such claims or actions are rightfully, or wrongfully, brought or filed.

11.2 The TOWN agrees to indemnify and hold harmless the COUNTY from any and all liability, loss, or damage that the COUNTY may suffer as a result of claims, demands, costs, or judgments, against them arising out of the TOWN’s performance, or failure to perform, any of the obligations set forth in this Contract. The TOWN further agrees to defend any claims brought, or actions filed, against the COUNTY with respect to the TOWN’s performance, or non-performance, of this Contract, whether such claims or actions are rightfully, or wrongfully, brought or filed. 11.3 Neither the TOWN nor the COUNTY waive any immunities, or defenses, the parties may have under the Maine Tort Claims Act, or any other state or federal law.

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ARTICLE 12 - TERM

12.1 This Contract shall remain in full force and effect commencing July 1, 2024yand ending June 30, 2025. 12.2 The terms and conditions of this contract are contingent upon the approval of theelected Sheriff and the Androscoggin County Commissioners.

ARTICLE 13 —- TERMINATION

13.1 The TOWN and COUNTY may terminate this Contract, with or withoutcause, upon written notice to the other party of this contract; provided, however, that notice of such termination shall not be effective until after receipt of a sixty (60) day written notice. In the event the TOWN establishes a Police Department, the SHERIFF and the TOWN agree there will be no lapse in law enforcement services. This written notice must be hand delivered and/or sent by Certified Mail, Return Receipt Requested, to the SHERIFF or the Town Manager. 13.2 In the event no funds, or insufficient funds, are appropriated for this Agreement, or funds that have been appropriated are withdrawmpby action of the Town's legislative body, or by operation of law, this Agreement may be terminated by, the Town, andthe amount due from the Town to the County shall be pro-rated to the date of termination.

ARTICLE 14 —- TRANSITION

14.1 In the event of the termination, or expiration, of this Contract, the SHERIFF and the TOWN shall cooperate in good faith in order to effectuate a smooth and harmonious transition from the Sheriff's Office to,anothemlaw enforcement agency, and to maintain during such period of transition the same high quality of law enforcement services otherwise afforded to the residents of the TOWN pursuant to the terms hereof. 14.2 In the event of termination, or upon expiration, of this Contract, unless equipment, fixtures, and furnishings are owned by the TOWN, the TOWN may request to purchase from the COUNTY and SHERIFF anysequipment, fixtures, and furnishings, exclusive of patrol units which are to be transitioned according to terms included in Article 2 of this Contract, furnished by the COUNTY and SHERIFF to perform the services provided under this Contract. The purchase price shall be determined by mutual Contract of the parties as to the fair-market value of such equipment, fixtures, and furnishings.

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ARTICLE 15 —- AUTHORITY TO EXECUTE AND ENFORCE

15.1 The undersigned parties do hereby represent that they have full power and authority to make and execute this Contract pursuant to the power so vested under the Constitution and Laws of the State of Maine, and Ordinances of the Town of Durham. ,

ARTICLE 16 - COMMUNICATIONS

16.1 All communications related to Law Enforcement issues will first be routed through the Androscoggin County Sheriff's Office. The parties acknowledge one to the other, that no modification of the contract shall be effective unless in writing, executed with the same formalities asthis Contract is executed.

ARTICLE 17 — RELATIONSHIP BETWEEN THE PARTIES

17.1 All COUNTY personnel providing services to the TOWN shall be employees of the COUNTY. The COUNTY shall be solely responsible for their employees’ compensation, including any severance pay, benefits, training, supervision, discipline, mandatory msurances, such as workers compensation and unemployment compensation, and any other insurance offered by the COUNTY such as disability insurance, income protection insurance and life insurance. IN WITNESS WHEREOF, the TOWN of DURHAM, by order duly adopted by its legislative body has caused this Contract to be signed by the Board of Selectmen, Sheriff of the County of Androscoggin, by order of the County Commissionersphas caused,the seal of the Androscoggin County Board of Commissioners to be affixed thereto andjattested by the Clerk of said Board.

TOWN OF DURHAM

, Lown Manager ATTEST:

CLERK (SEAL)

Page 7 of 8

COUNTY OF ANDROSCOGGIN

Eric G. Samson Sheriff of Androscoggin County County Administrator ATTEST:

CLERK (SEAL)

Page 8 of 8

Androscoggin County Sheriff's Office

Calls for Service 2022 Qty Call Reason Qty Call Reason 7 POL-Abandoned MV 1 POL-LOOSE DOG

93 POL-Abandoned N G 911 Call 4 POL-Lost/Found Item

89 POL-Accident 13 POL-Missing Person 22 POL-Admin Paperwork 89 POL-MV Laws 23 POL-Alarm 2 POL-MV Theft

33 POL-Animal Complaints 1 POL-MV Theft IP 1 POL-Animal LIVESTOCK 1 POL-Narcotic/Drug VIO 1 POL-Animal TRESSPASS (HORSE) 2 POL-Neighbor Troubles 2 POL-Animal Vicious or Biting a 5 POL-NOISE-DISTURBANCE 4 3 POL-Assault . 2 POL-Other Criminal 16 POL-Assist Other Dept 3 POL-Other Non Criminal 1 POL-Assist Other Dept (MON) 3 POL-Parking Violation 17 POL-Be On LookOut (BOLO) 19 POL-PCF\Medical/Mental 13 POL-BROKEN DOWN VEHICLE 23 POL-Police Information 1 POL-Burglary 40 POL-PROPERTY)SITE CHECK 3 POL-Child Custody Dispute 2 POL-Public Service)Call 7 POL-Children Troubles A POL-Public Works Call 2 POL-City Ordinance Violation 3 POL-Repossesion 7 POL-Community Contact _ »p POL-Retrieve Property 7 POL-Criminal Mischief ON 5 POL-Sex Offense (Not Rape) 10 POL-Criminal Trespass _™\ 1 PObL-Snowmobile/ATV . 10 POL-DISTURBANCE - DISORDERLY 1 POL-Stolen Prop Recovery 11 POL-Domestic 15 POL-Suspicious Condition 5 POL-Domestic IP aa 36 POL-Suspicious Person/Veh 1 POL-DOMESTIC SAFETY CHECK . 11 POL-Theft 1 POL-Escort 10-14 ~~ 1 POL-Threatening . 3 POL-Family Offense | 94 POL-Vehicle Stop 2 POL-Fireworks Violations — 8 POL-VIN Verification 6 POL-FOLLOW UP / PPW SERVICE 2 POL-Viol of Abuse Order 6 POL-Fraud 1 POL-Viol of Bail Conditions 10 POL-Harassment 2 POL-Weapons, Gun, Knife 1,POL-Harassment by Phone 1 POL-Weapons, Gun, Knife IP 40 POL-Hazardous Conditions 13 POL-Wellbeing Check 1 POL-Landlord Tenant Troubles

Androscoggin County Sheriff's Office

Calls for Service 2023 Qty Call Reason Qty Call Reason 5 POL-Abandoned MV 102 POL-MV Laws

129 POL-Abandoned N G 911 Call 1 POL-Narcotic/Drug VIO 105 POL-Accident 3 POL-Neighbor Troubles 12 POL-Admin Paperwork 5 POL-NOISE-DISTURBANCE 30 POL-Alarm 2 POL-Other Criminal 24 POL-Animal Complaints 15 POL-Other Non Criminal 2 POL-Assault 1 POL-Parking Violation 13 POL-Assist Other Dept 2 POL-PARTY-DISTURBANCE 1 POL-Assist Other Dept (MSP) 28 POL-PCF Medical/Mental 13 POL-Be On LookOut (BOLO) 25 POL-Police Information 15 POL-BROKEN DOWN VEHICLE 1 POL-PROACTIVE DETAIL- OTHER 1 POL-Burglary 18 POL-PROPERTY SITE CHECK 1 POL-Burglary MV IP 1 POL-PublicService Call 1 POL-Child Custody Dispute 5 POL-Public Works Call 19 POL-Children Troubles 2 POL-Request to Locate/Notify 1 POL-City Ordinance Violation 3 POL-Retrieve Property 4 POL-Criminal Mischief 4 POL-Sex Offense (Not Rape) 5 POL-Criminal Trespass 26, POL-Suspicious Condition 8 POL-DISTURBANCE - DISORDERLY 1 POL-Suspicious Person 11 POL-Domestic 42 POL-Suspicious Person/Veh 3 POL-Domestic IP 1 POL-Suspicious Unk Substance 1 POL-DOMESTIC SAFETY CHECK 1)POL-Suspicious VehICLE 2 POL-Family Offense 10 POL-Theft 3 POL-Field Interview 10 POL-Threatening 1 POL-FIGHT-DISTURBANCE 1 POL-Traff Control Lights/Signs 3 POL-FOLLOW UP / PPW SERVICE 1,POL-Unattended Death 1 POL-Forgery 132 POL-Vehicle Stop 13 POL-Fraud 3 POL-VIN Verification 8 POL-Harassment 4 POL-Viol of Abuse Order 27 POL-Hazardous Conditions 1 POL-Viol of Abuse Order IP 3 POL-kandlord Tenant Troubles 2 POL-Weapons, Gun, Knife 2 POL-Lost/Found Item 19 POL-Wellbeing Check 7 POL-Missing Person

Androscoggin County Sheriff's Office

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Source: androscoggin_county_sample_contract.pdf on durhammaine.gov. Text extracted with pdftotext, then OCR; no wording has been corrected.