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Home My WebLink About2004-005I RESOLUTION NO. 2004-5 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING 3 WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (FOR SCRRA - METROLINK) AND THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 Section 1. The San Bernardino Police Department is responsible for general law and 7 traffic enforcement with the City of San Bernardino. The Los Angeles County Sheriff's a Department is responsible for the security of passengers and property of the Metrolink 9 Commuter Rail System. The Los Angeles County Sheriff's Department's responsibilities are to based upon the sheriff's statutory powers and agreement with the Southern California 11 Regional Rail Authority (SCRRA), operators of the Metrolink heavy rail system. 12 Section 2. The Mayor and Common Council of the City of San Bernardino 13 authorizes the Chief of Police to be a signatory party to this memorandum of understanding. 14 Section 3. The authorization to executive the above referenced memorandum of 15 understanding is rescinded if not signed within one hundred -twenty (120) days of the passage 16 of this resolution. 17 18 19 /// 20 HI 21 /// 22 23 24 25 /// $'.ACouncilAMetrolink Reso-doc 2004-5 c 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (FOR SCRRA — METROLINK ) AND THE CITY OF SAN BERNARDINO POLICE DEPARTMENT. I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 5th day of January 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x CITY CLERK The forgoing Resolution is hereby approved this fin, day of_ January 12004. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: w • G� S:ACouncilAMetrol ink Reso.doc Judith Valles, Mayor City of San Bernardino 2004-5 MEMORANDUM OF UNDERSTANDING between the Kt IF V SAN BERNARDINO POLICE DERARTjHWP4:31 and the LOS ANGELES COUNTY SHERIFF'S DEPARTMENT This Memorandum of Understanding is by and between the San Bernardino Police Department and the Los Angeles County Sheriffs Department. The San Bernardino Police Department is responsible for general law and traffic enforcement within the city of San Bernardino. The Los Angeles County Sheriffs Department is responsible for the security of passengers and property of the Metrolink Commuter Rail System. The Los Angeles County Sheriffs Department responsibilities are based upon the Sheriffs statutory powers and agreement with the Southern California Regional Rail Authority (SCRRA), operators of the Metrolink heavy rail system. In furtherance of these obligations, the Sheriff of Los Angeles County and the San Bernardino Police Department, acting through their Chief of Police, agree to the following. As used in sections "A" and "B," "law enforcement responsibilities" include directly responding to incidents, investigation, follow-up, and preparation of legal documents and case filings: A. The Los Angeles County Sheriffs Department agrees to accept law enforcement responsibility for: All crimes or incidents occurring or originating on board the Metrolink trains. 2. All thefts of rail property from Metrolink trains. 3. All reports of vandalism to the Metrolink trains. And to: 4. Provide, when requested, statistical data relative to Metrolink passenger stations, parking lots and facilities in the San Bernardino Police Department's jurisdiction, including statistical analyses, trends, and other law enforcement enhancing information. M.O.U. - October, 2003 Page t of 3 2004-5 MEMORANDUM OF UNDERSTANDING - CONTINUED B. The San Bernardino Police Department agrees to accept law enforcement responsibility within their jurisdictional boundaries for: All crimes occurring on the right of way, including rail track. 2. All crimes or incidents originating off the Metrolink trains which continue onto Metrolink trains. 3. All vehicle and pedestrian vs. train accidents along the right of way and at grade crossings. 4. All crimes and/or incidents occurring at Metrolink stations and platforms and in their adjacent vehicle parking facilities. 5. Temporarily detaining suspect(s), when requested by the Los Angeles County Sheriffs Department, until the Los Angeles County Sheriffs Metrolink Bureau can arrive to handle the situation. And to: 6. Appoint a liaison to interact with the Los Angeles County Sheriffs Metrolink Bureau's liaison. A system will be established by which the Sheriffs Metrolink Bureau liaison can access, on a monthly basis, all reports and statistical data collected by the San Bernardino Police Department that pertain to criminal activity and incidents occurring on Metrolink Station platforms, the adjacent parking areas, and rail right of ways within their jurisdiction. Utilizing this system, the Sheriffs Metrolink Bureau liaison and the San Bernardino Police Department liaison will jointly endeavor to reduce criminal and public safety hazards within their respective jurisdictions. C. Joint Responsibilities: Members of the Los Angeles County Sheriffs Department and the SCRRA may respond to assist the San Bernardino Police Department whenever an accident or incident directly or indirectly involves the Metrolink Commuter Rail System, or may impact public safety and/or the safe continued operations of train service. The objective is to render assistance in handling the incident as expeditiously as possible in order to resume or continue public roadway access and train operations for the benefit of the riding public. M.O.U. - October, 2003 Page 2 of 3 2004-5 MEMORANDUM OF UNDERSTANDING - CONTINUED Both agencies are obliged to examine and identify any condition for which jurisdictional responsibility is not clearly delineated in this memorandum. Such issues shall be resolved promptly. D. Mutual Indemnification: Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the other party's employees or agents in the performance of this agreement; and each party shall indemnify, defend and hold harmless the other party from any such damages or liability. E. The Los Angeles County Sheriffs Department and the San Bernardino Police Department agree: To review the provisions of this memorandum a minimum of once each year. 2. That this memorandum remains in force until a proposal for an amendment to this memorandum has been jointly resolved by the signers or their successors. Nothing in this memorandum is to be construed as conflicting with existing laws, regulations, and prescribed responsibilities applicable to the respective parties hereto. By: -62 L ok` Date: Leroy D. Baca, Sheriff Los Angeles County Sheriffs Department 0 Elk Garrett Zimmon, Chie San Bernardino Police eoartment M.O.U. - October, 2003 Page 3 of 3