Town of Berthoud 328 Massachusetts Avenue PO Box 1229 Berthoud, Colorado 80513 970.532.2643 970.532.

0640 (Fax)

MEMORANDUM OF UNDERSTANDING FOR POLICE MUTUAL AID SERVICES THROUGH THE LARIMER COUNTY SHERIFF This Memorandum of Understanding, with the Town of Berthoud, Colorado, a municipal Corporation, hereinafter referred to as the Town, and the Larimer County Sheriffs Office (LCSO), is executed to memorialize the understanding of the parties regarding the aid and assistance from LCSO to the Town with respect to temporary police services and an Internal Affairs investigation. WHEREAS, the Town has been advised of an ongoing criminal investigation involving one or more of its police officials by various law enforcement agencies; and WHEREAS, the Town and LCSO are parties to a mutual aid agreement for law enforcement services, each offering and agreeing to supplement the personnel of the other; and WHEREAS, the allegations and investigations currently pending threaten to undermine public trust and confidence in the police as well as interfere with orderly administration of police services within the Town; and WHEREAS, on October 15, 2013, the Board of Trustees of the Town of Berthoud passed Resolution ___, approving an agreement for interim police administration by a designee of LCSO and an internal affairs investigation of the Berthoud Police Department to be done by the Internal Affairs Division of the LCSO; and WHEREAS, the temporary service from LCSO, as a mutual aid function, will be provided without additional cost to the Town for personnel, but the Town will bear all other costs and will take all possible steps to make certain that LCSO employees are covered by the Towns liability insurance; and WHEREAS, the Parties hereto recognize that the Town administrator will retain supervisory control over the acting police chief furnished by LCSO, but will have no involvement in the IA investigation undertaken pursuant to this agreement; NOW, THEREFORE, the Applicant understands that: 1. IMMEDIATE EFFECTIVE DATE This agreement is to take effect immediately, and all parties acknowledge that an officer of the LCSO is already in place as acting interim chief of police for the Town of Berthoud; 2. TERMS OF ENGAGEMENT The Town and LCSO hereby agree to all terms encompassed in the statements set forth in the preamble of this agreement. The acting interim police chief will serve pursuant to the mutual aid and assistance agreement of the parties for the public good, and will remain an employee of LCSO. However, in all matters pertaining to the Town of Berthoud, such interim chief shall report to the Town administrator and the Town Board of Trustees to the same extent as if such individual were a Town appointee.

3.

INTERNAL AFFAIRS INVESTIGATION The Town further requests the IA division of the LCSO to conduct an independent internal affairs investigation of the Berthoud Police Department in accordance with the scope of any criminal investigations as they are disclosed and any additional matters of police conduct or administration as may be requested by the Town Manager in writing at the initiation of the review. It is understood that this investigation shall be conducted according to standard Internal Affairs practice, independent from any influence or direction of the Town or its staff. The results of the Internal Affairs Investigation shall be made in the form of recommended personnel actions to the Town.

4.

FEES AND COSTS The Town will notify its liability insurer and take any available steps to see to it that any LCSO personnel are covered by Town insurance while acting on behalf of the Town. Any expenses, costs, or fees apart from personnel costs shall be paid by the Town or reimbursed to LCSO if paid by such entity.

By signing this Memorandum of Understanding, all parties acknowledge that this understanding is authorized by the Town Board of Trustees and all required Larimer County officials, and agree that it accurately sets forth the understandings as they exist on the date executed. TOWN OF BERTHOUD _________________________________________ Mayor ________________________________________ Clerk ____________________ DATE

LARIMER COUNTY SHERIFF BY: _________________________________________ _________________________________________ (attach additional signatures as necessary) ____________________ Date ____________________ Date