HomeMy WebLinkAboutContract 30975 ti
CITY SECRETARY
MEMORANDUM OF UNDERSTANDING CONTRACT NO.
Between
THE TEXAS DEPARTMENT OF PUBLIC SAFETY
(The "Department")
-and-
FORT WORTH POLICE DEPARTMENT
(The "Municipality')
General Agreement
In order to maximize the effective utilization of commercial motor vehicle, driver, and cargo
inspection resources; to avoid duplication of effort and to expand the nurnber .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, and city — 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 of Public Safety 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.
Signatories to this MOU agree that their authorized inspection representatives (Program
Coordinators) will implement procedures in accord with minimum standards contained herein.
In order. to advance. uniformity in the inspection of commercial motor, vehicles. and their.
operators, parties to'this MOU agree to adopt the.North American Uniform Inspection Procedure and
Out-of-Service Criteria as adopted by the Department of Public Safety under Chapter 644, Texas
Transportation Code (the "Code" at http://www.capitol.state.tx.us/statutes/tn.toc.htm); 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 Commercial Vehicle 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)
MOU with Fort Worth Police Department, Traffic Division
Page 1 of 5 (Revised 09-20-2004)PAMCCA Applications\MOUs\MOU.doc
Responsibilities of the Department
In order to better implement and maintain the standards and agreements contained in this
MOU, and to effectively administer the terms and conditions contained under Title IV of the Surface
Transportation Assistance Act of 1982 (P.L. 97-424), (Now codified at Title 49, United States Code
(USC) §31100, et seq.) the Department agrees to:
1. Train, retrain (as necessary or desirable), test, and certify the inspectors of the political
subdivision as per the agreement between the Department of Pubic Safety and the CVSA.
2. Approve inspection forms for all inspections conducted in conformance with this
agreement.
.--.3.--Approve vehicle and-.driver out-of-service,-slickers. The Department will supply CVSA
decals on a cost recovery basis to cities and counties.
4. Supply a monitoring service relative to inspection write-up techniques and violations
. recorded,
5. Supply software necessary for the data entry of all inspection information, on a cost
recovery basis to cities and counties.
6. Upon request, the cities and counties may be supplied with inspection data.
The Department may conduct random in-person observation of inspections conducted by the
Municipality in order to ensure that the Municipality 's inspectors maintain practical proficiency in the
program.
Responsibilities of the Municipality
The Municipality will 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. The Municipality will reimburse the Department for costs associated with
any training provided by the Department under 37 TAC §4.13(b)(5).
The Municipality will require all defects disclosed during the inspection process to be
corrected.
The Municipality will adopt the Recommended Out-of-Service and Other Defect Repair
Verification Procedures as developed by CVSA.
The Municipality agrees to honor the CVSA inspection decals affixed to those vehicles by all
authorized agencies. It further agrees that CVSA decals shall be affixed to vehicles which pass the
Level I or V CVSA inspection with no disqualifying violations under the North American Uniform
Inspection Procedure and Out-of-Service Criteria.
The Municipality will 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.
Municipality w I 1-i m- diately suspend,ft m performing-CVSA-enforcem-ent-and-in-spections------
any officer who fails to maintain his certification or who fails to perform the required inspections
followi.ng the North American Uniform Inspection Procedure and Out-of-Service Criteria guidelines.
MOU with Fort Worth Police Department, Traffic Division
Page 2 of 5 (Revised 09-20-2004)PAMCCA Applications\MOUMOU.cloc
If the Municipality wishes to continue their certification beyond the date specified in the
Termination of Certification section of this MOU, the Municipality will mail or FAX a renewal request
not more than sixty days nor less than thirty days prior to the expiration of this MOU.
Pursuant to the Governor's directive function as the lead agency for purposes of administering
participation in the Surface Transportation Assistance Act and to ensure the state's compliance,
including its participating counties and municipalities, with the terms and conditions contained therein.
The Municipality further agrees to the following conditions:
1. Inspections will only be conducted by the CVSA certified inspectors.
2. When performing inspections as described herein, said inspections shall be documented
on the most recent version of forms approved by the Department and conducted following
the guidelines approved by the Department.
3. Inspection data will be forwarded electronically to the Department within fifteen (15) days
following the date of inspection for processing and final compliance using the most recent
version of reporting. software..
4. 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
Municipality will 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 31 st of each
year.
5. Accident reports involving commercial motor vehicles will be forwarded to the Department
no later than ton (10) days after the date of the accident investigation.
6. Allow the Department to conduct random in-person observation of inspections conducted
by the Municipality in order to ensure that the Municipality 's inspectors maintain practical
proficiency in the program.
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 June 1. 2006
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.
Termination of certification, whether by decertification, request of the Municipality, or by failure
to renew, will result in the inability of the Municipality, 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 Accident reports must be provided to the Department immediately
upon discontinuation in the certification program.
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
MOU with Fort Worth Police Department, Traffic Division
Page 3 of 5 (Revised 09-20-2004)PAMCCA Applications\MOUs\MOU.doc
Department will decertify the Municipality for failure to report any inspections to this Department
within a six (6) month period, and may decertify the Municipality for failure to conduct a sufficient
number of inspections over and above the minimum standards for the officers to maintain practical
proficiency in the program.
The Department may decertify the Municipality for failure to demonstrate practical proficiency
in the program during random in-person observations by the Department.
The Department may decertify the Municipality for failure to comply with the provisions of the
MOU or the training, officer certification, or data-sharing requirements, including the requirement that
the Municipality reimburse the Department for training expenses.
---Any-Termination of Certification terminates- the Municipality's authority to-.-enforce-
federal safety regulations under Chapter 644 of the Code, and the Municipality's eligibility for
reimbursement of expenses from penalties -assessed. The Department will* notify the program
coordinator for the Municipality and the Texas Comptroller.-of Public Accounts in writing of any
Termination of Certification.
Program Coordinators
The program coordinators for this agreement shall be responsible for all communications and
contacts required to manage this agreement. The parties agree to provide any updates regarding
contact information within 30 days. The current program coordinators for this agreement are:
Municipality: Department:
DEPARTMENT OF PUBLIC SAFETY
Fort Worth Police Department Texas Highway Patrol
Traffic Division Motor Carrier Bureau
Sgt. Tim Ellis Lieutenant David L. Palmer
Acting Manager
Program Coordinator Program Coordinator
1100 Nashville Ave. MCB, P.O. Box 4087 -
Fort Worth, Texas 76105 Austin Texas 78773-0522
Address Address
(817) 871-7110 (512) 424-2053
Voice Phone Number Voice Phone Number
(817) 871-7118 (512) 424-5712
Fax Number Fax Number
timothy.elIis@fortworthgov.org david.paimer@txdps.state.tx.us
E-mail Address E-mail Address ---------
MOU with Fort Worth Police Department, Traffic Division
Page 4 of 5 (Revised 09-20-2004)P.NMCCA Applications\MOUs\MOU.doc
Evidence of Accep y parties:
Signature of Aut riz d icia Signature of Authorized Official
City of Fort worth TEXAS DEPARTMENT OF PUBLIC SAFETY
Political Subdivision State Agency
.Toe Paniagua THOMAS A. DAVIS, JR., COLONEL
Name Name
City Manager-- _.__-- ---. --- --
DIRECTOR
Title ` Title
Date Date
< �����,D A
FORM AND LEGALITY: �
Assistant Cite
ATTESTED BY
Contract Authorization
Date
MOU with Fort Worth Police Department, Traffic Division
Page 5 of 5 (Revised 09-20-2004)P-\MCCA Applications\MOUs\MOU.doc
Citv of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/2/2004
DATE: Tuesday, November 02, 2004
LOG NAME: 35COMMERCIAL REFERENCE NO.: **C-20375
SUBJECT:
Approval of an Agreement with the Texas Department of Public Safety for Enforcement of Federal
Safety Regulations
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with the
Texas Department of Public Safety to coordinate efforts in the inspection of commercial motor vehicles,
their drivers and cargo within the City of Fort Worth.
DISCUSSION:
The Texas Administrative Code (Title 37, Part 1, Chapter 3) identifies regulations governing transportation
safety and commercial vehicles. This Code incorporates federal regulations and authorizes local
municipalities to enforce these regulations with appropriately trained and certified officers with an executed
agreement with the Texas Department of Public Safety. This expands the available citations, the ability to
take unsafe commercial vehicles out of service and the ability to perform safety inspections without any
preceding offense.
The intent of this partnership is to maximize the effective utilization of commercial motor vehicle, 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 the
industry inherent to this type of enforcement activity. In 2002 and 2003, more than 1,000 accidents
involving commercial motor vehicles occurred annually in Fort Worth. The goal of the program is to reduce
accidents caused by equipment failure and driver behavior. City staff will continue to track these outcomes.
This agreement allows the City of Fort Worth to retain associated ticket revenue equivalent up to 110% of
the cost of operating the program. Currently, two officers and a sergeant are assigned to this activity.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that funds are available, as appropriate, in the current operating budget, of
the General Fund, and the Municipal Court Department is responsible for collection of revenue under this
agreement.
Logname: 35COMMERCIAL Page I of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 VARIOUS 0356500 $0.00 GG01 VARIOUS 0381000 $0.00
Submitted for City Manager's Office by_ Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (392-4210)
Additional Information Contact: Susan Alanis (392-4221)
Logname: 35COMI\4ERCIAL Page 2 of 2