HomeMy WebLinkAboutContract 47415 CITY SECRETAW
CONTRACT w.
- 4Y14
JAN 12 2016
Ci1yof
Gl'[`( MEMORANDUM OF UNDERSTANDING
Between
THE TEXAS DEPARTMENT OF PUBLIC SAFETY
(The "Department'
-and-
CITY OF FORT WORTH
(The "Allied Agency's
General Agreement
The goal of the Motor Carrier Safety Assistance Program is to reduce Commercial
Motor Vehicle (CMV)-involved crashes, fatalities, and injuries through consistent,
uniform, and effective CMV safety programs. Effective safety programs increase the
likelihood that safety defects, driver deficiencies, and unsafe motor carrier practices are
detected and corrected before they become contributing factors to crashes.
In order to maximize the effective utilization of CMV, driver, and cargo inspection
resources; to avoid duplication of effort and to expand the number of inspections
performed; to advance uniformity of inspection; and to minimize delays in schedules
incurred by industry inherent to this type of enforcement activity, the undersigned
parties enter into this Memorandum of Understanding (MOU).
In recognition of the many agencies - federal, state, county, and municipality —
engaged in the inspection of commercial motor vehicles, their drivers, and cargo within
the State of Texas; and the need for a basic delineation of routine responsibility, it is
agreed:
1. The Department will inspect vehicles operating over public highways and at carrier
terminal facilities.
2. Other allied agencies will, as a routine practice, confine inspection activities to
vehicles operating over public highways and city streets in their jurisdiction with the
exception of municipal police officers certified under Texas Transportation Code,
Section 644.101; such municipal officers may conduct vehicle inspections at carrier
terminal facilities.
The Parties understand that it is very important to ensure the timeliness and accuracy
of information recorded about both interstate and intrastate motor carriers in their
respective carrier profiles. To this end, the Federal Motor Carrier Safety Administration
has imposed timeliness and accuracy standards on the Department regarding
information about motor carriers. The Department, in turn, has established timeliness
and accuracy standards for itself and for counties and municipalities engaged in the
inspection of commercial motor vehicles. "`
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH
TX Allied Agencies MOU Template Page 1 of 8
The Parties' authorized inspection representatives (Program Coordinators) shall
implement procedures in accordance with the minimum standards in this MOU.
In order to advance uniformity in the inspection of commercial motor vehicles and their
operators, the Parties shall adopt the CVSA's North American Standard Roadside
Inspection Procedures and North American Standard Out-of-Service Criteria as adopted
by the Department of Public Safety under Chapter 644, Texas Transportation Code (the
"Transportation Code" at http://www.statutes.Iegis.state.tx.us/); Title 37, Texas
Administrative Code (`TAC" at http://www.sos.state.tx.us/tac/index.shtm1), Chapter 4,
Subchapter B; Chapter 16, Subchapter A; and Chapter 21 and any amendments
thereto, and the most current version of the CMV Enforcement Guidance Documents
provided by the Department.
Commercial Vehicle Safety Alliance (CVSA)
Levels of Inspection
Level I North American Standard
Level II Walkaround Inspection
Level III Driver Only Inspection
Level IV Special Inspection
Level V Vehicle-Only Inspection (Terminal)
Resoonsibilities of the Department
In order to better implement and maintain the standards in this MOU, the Department
shall:
1. Train, retrain (as necessary or desirable), test, and certify the inspectors of the
Allied Agency as per the agreement between the Department and the CVSA.
2. Approve inspection forms for all inspections conducted in conformance with this
agreement.
3. Approve vehicle and driver out-of-service stickers.
4. Supply CVSA decals on a cost recovery basis to municipalities and counties.
5. Supply software necessary for the data entry of all inspection information, on a cost
recovery basis to municipalities and counties.
6. Upon request, the municipalities and counties may be supplied with inspection data.
7. Forward challenges of data in inspections or crash reports to the municipalities and
counties for their investigation.
The Department may conduct random in-person observation of inspections conducted
by the Allied Agency in order to ensure that the Allied Agency's inspectors maintain
practical proficiency in the program.
MCB Allied Agencies MOU Template Page 2 of 8
Responsibilities of the Allied Agency
The Allied Agency shall enroll officers who have not met the minimum certification
requirements for enforcement of Chapter 644 of the Code in training programs required
by 37 TAC §4.13(b) necessary for certification prior to using these officers for
commercial vehicle enforcement. The Allied Agency shall reimburse the Department for
costs associated with any training provided by the Department under 37 TAC
§4.13(b)(5).
The Allied Agency shall require all defects disclosed during the inspection process to be
corrected.
The Allied Agency shall adopt the Recommended Out-of-Service and other defect repair
verification procedures as developed by CVSA.
The Allied Agency shall honor the CVSA inspection decals affixed to those vehicles by all
authorized agencies. CVSA decals will be affixed to vehicles which pass the Level I or V
CVSA inspection with no disqualifying violations under the North American Standard
Roadside Inspection Procedures and North American Standard Out-of-Service Criteria.
The Allied Agency shall implement a program to ensure its officers perform the required
inspections annually as specified in 37 TAC §4.13(c), and successfully complete the
required annual certification training to maintain their certification. To further program
goals and achieve the highest quality in inspections, the Allied Agency shall ensure that
its officers conduct more than the minimum number of inspections required to maintain
certification and that inspections are evenly distributed throughout the year to maintain
enforcement continuity.
The Allied Agency shall immediately suspend from performing CVSA enforcement and
inspections any officer who fails to maintain his certification or who fails to perform the
required inspections following CVSA's North American Standard Uniform Inspection
Procedures and North American Standard Out-of-Service Criteria guidelines.
The Allied Agency shall send a representative to the annual MCSAP meeting held by the
Department to ensure familiarity with all updates to policies and procedures.
If the Allied Agency wishes to continue commercial vehicle enforcement beyond the
date specified in the Termination of Certification section of this MOU, the Allied Agency
shall mail or FAX a renewal request not more than sixty (60) calendar days nor less
than thirty (30) calendar days prior to the expiration date of this MOU.
The Allied Agency shall also:
1. Conduct inspections only by using CVSA certified inspectors.
2. Ensure traffic stops performed on a commercial vehicle must be made by either a
CVSA certified inspector, or by a peace officer using probable cause or reasonable
suspicion guidelines. An absence of these requisites will be cause for inspection
report invalidation and a program participation review.
3. When performing inspections as described herein, document these inspections using
most recent version of forms and software approved by the Department and
MCB Allied Agencies MOU Template Page 3 of 8
conducted following the guidelines approved by the Department. Forms and
software will not be altered without prior written approval of the Department.
4. Ensure that CVSA certified inspectors have adequate tools and resources to conduct
queries into motor carrier registration and operating authority while conducting
roadside inspections.
5. Level I, Level IV or V inspections requiring undercarriage inspection and brake
measurements must be performed by an inspector utilizing an inspection pit or with
a referring officer for safety.
6. Level V terminal inspections may only be performed on motorcoaches for
certification purposes. All other inspections should be roadside.
7. Document all violations (citations / warnings) found during a CVSA inspection on the
CVE-3 inspection report, including violations of local ordinances.
8. Forward inspection data electronically to the Department within ten (10) days
following the date of inspection for processing and final compliance using the most
recent version of reporting software; paper copies will be mailed to the Department
immediately thereafter.
9. Any time an officer's certification status changes (is certified, suspended, or
decertified for different types of inspections, or transferred out of the CVSA
inspection program), the Allied Agency shall notify the Department in writing within
10 days. A cumulative list of the officers whose status has changed will be sent to
the Department by January 31st of each year.
10.Crash reports involving commercial motor vehicles will be forwarded to the Texas
Department of Transportation no later than ten (10) days after the date of the crash
investigation.
11.Allow the Department to conduct random in-person observation of inspections
conducted by the Allied Agency in order to ensure that the Allied Agency's inspectors
maintain practical proficiency in the program.
12.Maintain the official copy of all reports of inspections conducted by its CVSA certified
inspectors for the current calendar year, and two additional years. The official copy
may be in paper or retrievable electronic form, and it must bear the signature of the
commercial motor vehicle driver involved in the inspection. A copy shall be provided
to the Department upon the Department's request.
13.When data in an inspection or crash report is challenged, the Allied Agency shall
investigate and determine whether a correction to the data needs to be made. The
Allied Agency shall notify the motor carrier and the Department in writing of the
results of the investigation within 10 days. If a correction is necessary, the Allied
Agency shall make the correction and forward the corrected reports to the
Department immediately. Retaliatory actions against motor carriers who file data
challenges are strictly prohibited.
14.The Allied Agency will not use its certification to enforce federal safety regulations as
a primary method to generate program revenue through enforcement penalties or to
enhance criminal interdiction activities.
15.An important aspect of the Motor Carrier Safety Assistance Program is consistency in
the inspection process and uniform enforcement. While it is recognized that uniform
enforcement may include the issuance of a citation by the inspecting officer, it is
also recognized that there may be exceptional occasions when the issuance of
multiple citation may be warranted. In order to monitor uniformity in enforcement,
when more than two citations are issued during an inspection, the inspector will
note the circumstances in the inspection report.
MCB Allied Agencies MOU Template Page 4 of 8
16.The Allied Agency will not allow officers certified to enforce federal safety
regulations to participate in secondary employment activities that present a conflict
of interest related to their commercial vehicle enforcement duties. This includes
Allied Agency officers trained by the Department that are no longer assigned to
commercial vehicle enforcement units but remain employed by the Allied Agency.
17.Inspection of commercial vehicles should only be done while on duty and
compensation for such should only be done by the officer's employing agency.
Compensation of any kind by other entities (including but not limited to carriers and
carrier employees) is prohibited.
Upon amendment of 37 TAC Chapter 4, Subchapter B, the Department will, if
necessary, amend this MOU within a reasonable period of time. The date of any
amendment under this paragraph will not affect the renewal date described in the next
section.
Termination of Certification
* * * UNLESS RENEWED, THIS MOU WILL EXPIRE ON MARCH 1, 2017
To prevent a loss of authority to conduct CVSA inspections, please mail or
FAX your renewal request to the Department no more than sixty or less than
thirty days prior to the expiration of this MOU. If the renewal has not been
executed by both parties before the MOU expiration date, certified officers
must cease performing all CVSA inspections, until the renewal has been fully
executed.
Termination of certification, whether by decertification, request of the Allied Agency, or
by failure to renew, will result in the inability of the Allied Agency, to retain expenses
for any enforcement actions taken after the effective date of the termination of
certification. All reporting requirements, including the list of officers suspended and no
longer certified which is normally due by January 31St of each year, Inspection data
reports and Crash reports must be provided to the Department immediately upon
discontinuation in the certification program.
The Allied Agency may discontinue certification at any time by notifying the Program
Coordinator for the Department in writing.
The CVSA and Federal Motor Carrier Safety Administration require officers to complete a
minimum number of inspections annually in order for officers to renew their
certifications. The purpose of this requirement is to ensure officers achieve and
maintain practical proficiency in inspecting commercial motor vehicles. Therefore, the
Department will decertify the Allied Agency, or individual officers conducting inspections
for the Allied Agency, for failure to report any inspections to this Department within a
six (6) month period or for failure to evenly space the required number of inspection
throughout the year.
The Department may decertify the Allied Agency, or individual officers conducting
inspections for the Allied Agency, for failure to demonstrate practical proficiency in the
MCB Allied Agencies MOU Template Page 5 of 8
program during random in-person observations by the Department, or by audits of
inspections submitted.
The Department may decertify the Allied Agency, or individual officers conducting
inspections for the Allied Agency, for using the certification as a primary method of
generating program revenue or enhancing criminal interdiction activities.
The Department may decertify the Allied Agency, or individual officers conducting
inspections for the Allied Agency, if officers to engage in secondary employment
activities that present a conflict of interest with their commercial vehicle enforcement
duties.
The Department may decertify the Allied Agency, or individual officers conducting
inspections for the Allied Agency, for failure to comply with the provisions of the MOU,
training, officer certification, or data-sharing requirements, including the requirement
that the Allied Agency reimburse the Department for training expenses and the
requirement that the Allied Agency forward information and respond to requests in a
timely manner, or any other provisions of 37 TAC §§ 4.13-4.14.
Any Termination of Certification terminates the Allied Agency's authority to
enforce federal safety regulations under Chapter 644 of the Code, and the
Allied Agency's eligibility for reimbursement of expenses from penalties
assessed. The Department will notify the program coordinator for the Allied Agency
and the Texas Comptroller of Public Accounts in writing of any Termination of
Certification.
The Department may issue a warning to the Allied Agency if the Allied Agency fails to
conduct any inspections within a three (3) month period. The Department may also
issue a warning if the Allied Agency fails to comply with MOU requirements in such a
way that the Department deems the quality and/or timeliness of inspection data could
be compromised, or certified officers would fail to maintain practical proficiency in the
program. Failure to correct the compliance issues within three (3) months, or such
other period as the Department may specify, can result in termination of the MOU and
decertification of the Allied Agency.
MCB Allied Agencies MOU Template Page 6 of 8
Program Coordinators
The Parties' program coordinators are responsible for all communications and contacts
required to manage this MOU. The Parties shall provide any updates regarding contact
information within thirty (30) calendar days. The current program coordinators for this
MOU are:
Allied Agency: Department:
City of Fort Worth DEPARTMENT OF PUBLIC SAFETY
Texas Highway Patrol
Motor Carrier Bureau
Captain Omar Villarreal
Sergeant Kevin Woodson Manager
Program Coordinator Program Coordinator
MCB, P.O. Box 4087
1.100 Nashville Ave. Fort Worth,TX 76105 Austin Texas 78773-0522
Address Address
(817)392-4859 (512) 424-2053
Voice Phone Number Voice Phone Number
(817)392-4638 (512) 424-5712
Fax Number Fax Number
kevin.woodson@fortworthtexas.govand robert.mills@fortworthtexas.gov omar.villarreal@txdps.state.tx.us
E-mail Address E-mail Address
MCB Allied Agencies MOU Template Page 7 of 8
Evidence of Acceptance:
W
Signature of Authorized Official
City of Fort Worth
Political Subdivision
Valerie R.Washington
Name
Assistant City Manager
Title
_ IIIIV
Dafee-
APPROVED AS TO FORM AND LEGALITY:
, L:2L
CI Y A ORNEY
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OFFICIAL RECORD
CITY SECRETARY
MCB Allied Agencies MOU Template Page 8 of 8 FT.WORTH,TX
APPROVAL RECOMM D:
`
By: 1
Joel F. Fitzgerald
Chief of Police
Date: `— C --( C.o
APPROV D AS TO FO AND LEGALITY:
By: ,
Victoria Honey
Assistant City Attorney
Contract Authorization:
M&C: N/A
Date Approved: N/A
ATTES
By: a ,O
M J. ays
City Secret
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX