HomeMy WebLinkAboutContract 50405 CITY SECRETARY
CONTRACT N0. 5
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MEMORANDUM OF UNDERSTANDING
Between
THE TEXAS DEPARTMENT OF PUBLIC SAFETY
(The "Department")
-and-
City of Fort Worth on Behalf of Fort Worth Police Department
(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
ards.
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Resl2onsibilities 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
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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.
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Termination of Certification
* * * UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGUST 1, 2019
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.
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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:
f04L DEPARTMENT OF PUBLIC SAFETY
Cc+; afn Texas Highway Patrol
�V611o(\- Motor Carrier Bureau
Captain Omar Villarreal - Manager
r gram Coordinator Program Coordinator
MCB, P.O. Box 4087
lln(� nl k,�11 Aj P_ ,2of ,-T-X, Austin Texas 78773-0522
Address --� � b�p� Address
_ ?,1-7-'T2 - ' 259 (512) 424-2053
Voice Phone Number Voice Phone Number
_ (7- LJ6?-)Q (512) 424-5712
Fax Number Fax Number
omar.villarreal@dps.texas.cloy
E-mail Address E-mail Address
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Evidence of Acceptance:
Ik4i�� C--'1"
Signature of Authorized Official
Political Subdivision
Name
kis (Lkti MMOk-v-/-
Title
Date
MCB Allied Agencies TRC§621 Template Page 6 of 6
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Executed on the"lb day 911-1
2017.
APPRQYAL RECOMMENDED:
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By
CvT Chi Joel F. Fitzgerald
Chief of Police
Date: Co-p--j-1
APPROVED AS TO FORM
AND LEGALITY:
1
By:
c Arff a
Assistant City Attorney
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By:
Ma ser
City Se etary �c '
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Contract Authorization:
No M&C Required
1295 Certification No.:Not Required
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name/Signature
Title