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HomeMy WebLinkAboutContract 47416 CITY SECRETAW R�C�(�,'F.D CONTRACT 1101. I JAN 12 2016 CITY OFFORT WOR7f MEMORANDUM OF UNDERSTANDING MYSFCWARY Between THE TEXAS DEPARTMENT OF PUBLIC SAFETY (The "Department") -and- City of Fort Worth (The 'Allied Agency") General Agreement In accordance with TRC § 621.402, the Department has established the following parameters for approved Allied Agencies seeking to enforce the defined State Laws within TRC § 621, Subchapter F. In order to maximize the uniform enforcement of statute, the undersigned parties enter into this Memorandum of Understanding (MOU) regarding training, approved scale use, annual scale re-calibration standards, violation report requirements and mandated annual reporting to the Department. It is agreed: Responsibilities 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 officers of any qualified Allied Agency. 2. Forward any weight enforcement complaints / challenges to the issuing Allied Agency. The Department may conduct random, in-person observation of weight enforcement inspections conducted by an Allied Agency in order to ensure that the Allied Agency's officers are adhering to Department certification standards. OFFICIAL RECORD CITY SECRETARY FT. WORTN9 TX MCB Allied Agencies TRC§621 Template Page 1 of 6 Responsibilities of the Allied Agency Certification Training The Allied Agency shall enroll officers in the (40) hour, Basic CVE course conducted at the direction of the Motor Carrier Bureau. In order to meet the "weight enforcement officer" certification standard, a minimum score of 80% must be obtained. After initial certification, mandated re-certification training will take place following each legislative session. In order to maintain certification, each weight enforcement officer must score a minimum of 80%. The Department will immediately suspend any officer who fails to re-certify. The Allied Agency shall prohibit that officer from conducting or assisting with any weight enforcement activities. The Allied Agency may discontinue agency certification at any time by notifying the Department in writing. If a certified officer separates from an Allied Agency, the Department must receive notification of separation within (10) days. Approved Scales The Allied Agency will be required to purchase/utilize scales from the following approved list: Scale Manufacturer Model Number General Electrodynamics MD 400 Corporations PAT Equipment Company SAW 10A General Electrodynamics MD 700 Corporations Intercomp Company PT 300 General Electrodynamics MD 400E Corporations General Electrodynamics MD 500E Corporations Intercomp Company AX 900 Loadometer Corporation Haenni WL 101 Intercomp Company LP600 Intercomp Company LS630 Intercomp Company LP630 MCB Allied Agencies TRC§ 621 Template Page 2 of 6 The approved scales must be re-calibrated during each calendar year by a certified scale technician or vendor. All individual scale calibration records must be retained for the current year plus the two (2) previous years and are subject to review during contested judicial proceedings and random Department audit. Violation Report Requirements In addition to typical driver / vehicle information and infractions, the following information must be included on all weight enforcement violation reports: - US DOT Number / TX DMV Number - State identification / registration identification of units and company unit numbers (license plate numbers for the power units and towed vehicle) - Registered weights and the Gross Vehicle Weight Ratings of each vehicle - Axle configuration diagram with corresponding axle distance measurements and the recorded actual weights measured of each axle, tandem axle and tri-axle - Overweight permit number - Load disposition - Gross weight and group weight Annual Reporting Requirements The Allied Agency will be required to submit an annual report of their weight enforcement activities for each calendar year to the Department. The report should be directed to the Motor Carrier Bureau in Austin, Texas. The report must be received by January 31St of each year. MCB Allied Agencies TRC§621 Template Page 3 of 6 Termination of Certification * * * UNLESS RENEWED,, THIS MOU WILL EXPIRE ON DECEMBER 31, 2017 To prevent a loss of authority to conduct weight enforcement 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 weight enforcement activities, until the renewal has been fully executed. The Department may issue a warning to the Allied Agency if the Allied Agency fails to comply with MOU requirements in such a way that the Department deems that the weight enforcement action being taken is contrary to established training and statute. Failure to immediately correct the compliance issue(s) may result in termination of the MOU and decertification of the Allied Agency. MCB Allied Agencies TRC§ 621 Template Page 4 of 6 Program Coordinators The Allied Agency's weight enforcement coordinators are responsible for all communications and contacts required to manage this MOU. The coordinators shall provide any updates regarding contact information within thirty (30) calendar days. The current program coordinators for this MOU are: Allied Agency: Department: DEPARTMENT OF PUBLIC SAFETY Texas Highway Patrol Motor Carrier Bureau Sergeant Kevin Woodson Captain Omar Villarreal - Manager Program Coordinator Program Coordinator MCB, P.O. Box 4087 1100 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.gov and robert.mills@fortworthtexas.gov omar.villarreal(&dps.texas.gov E-mail Address E-mail Address MCB Allied Agencies TRC§621 Template Page 5 of 6 Evidence of Acceptance: Signature of Authorized Official City of Fort Worth Political Subdivision Valerie R Washington Name Assistant City Manager Title Vt[kl�4 Date OFFICIAL RECORD CITY SECRETARY MCB Allied Agencies TRC§621 Template Page 6 of 6 FT. WORTH9 TX r APPROVAL RECOMMENDED: B Y Joel F. Fitzgerald Chief of Police Date: Z — (' -- /Z- APPROVED GAPPROVED AS TO FORM AND LEGALITY: ' A Irr-,�, ---K By: Victo a oney Assistant City Attorney Contract Authorization: \ M&C: N/A Date Approved: N/A ATTES OR J. ° By: � Mary J. Kaye 8 City Secretar $ � I-C2 �,,,�W rM44 ekt� I CIAL RECORD SECRETARY WORTH, TX