HomeMy WebLinkAboutContract 63519MEMORANDUM OF UNDERSTANDING CSC NO. 63519
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
and
Citv of Fort Worth on behalf of Fort Worth Police Department (Allied Aaencv)
I. General Agreement
In accordance with Texas Transportation Code § 621.402, DPS has established parameters
for approved Allied Agencies seeking to enforce Texas Transportation Code Chapter 621,
Subchapter F. In order to maximize the uniform enforcement of statute, the 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.
II. DPS Responsibilities
In order to better implement and maintain the standards in this MOU, DPS will:
1. Train, retrain (as necessary or desirable), test, and certify the officers of any qualified
Allied Agency.
2. Forward any weight enforcement complaints or challenges to the issuing Allied Agency.
3. Supply software necessary for the data entry of all inspection information on a cost
recovery basis to Allied Agencies.
DPS may conduct random, in -person observation of weight enforcement inspections
conducted by an Allied Agency in order to ensure that Allied Agency's officers are adhering
to DPS certification standards.
III. Allied Agency Responsibilities
A. Certification Training
Allied Agency must enroll their commissioned, full-time officers in the 40 hour, Basic CVE
course conducted at the direction of the DPS Motor Carrier Bureau. A commissioned officer
must obtain 80% or better to become certified as a "weight enforcement officer." After initial
certification, mandated re -certification training will take place following each legislative
session. Weight enforcement officers must obtain 80% or better to maintain certification.
DPS will immediately suspend any officer who fails to re -certify and Allied Agency must
prohibit that officer from conducting or assisting with any weight enforcement activities.
Allied Agency may discontinue agency certification at any time by notifying DPS in writing. If
a certified officer separates from an Allied Agency, Allied Agency must notify DPS within
ten days.
B. Application of Statute and Allied Agency Requirements
1. During the course of duty, an Allied Agency weight enforcement officer must adhere
to the "reasonable suspicion" requirements in weighing a commercial motor vehicle
as inferred by Transportation Code § 621.402. There must be an articulable reason
to detain a vehicle prior to utilizing any type of approved scale to determine actual
weight. A fixed location signaling all commercial traffic to enter a weight
OFFICIAL RECORD Page 1 of 3
CITY SECRETARY
FT. WORTH, TX
enforcement site is in direct conflict with this mandate.
2. Allied Agency will only conduct weight inspections while an officer is on -duty. Allied
Agency may not perform inspections at any time for the specific purpose of
benefitting a carrier, whether onsite or offsite (such as a roadside or at a principal
place of business). Compensation for weight inspections of any kind is prohibited.
3. Officers sent for training by the Allied Agency must be full-time employees of the
Allied Agency carrying their TCOLE commission. Officers will not serve as weight
enforcement officers or carry out weight enforcement duties for any other agency or
elected county official (other than the Sheriff of the Allied Agency, where applicable)
during the time they are employed and commissioned by Allied Agency.
C. Approved Scales
Allied Agency must purchase and use scales from the approved Scale List found at the
following URL: http://www.dps.texas.gov/cve/Publications/approvedScaleList.pdf. Allied
Agency must re -calibrate the approved scales during each calendar year by a certified scale
technician or vendor. Allied Agency must retain all individual scale calibration records for the
current year plus the two previous years. These records are subject to review during
contested judicial proceedings or any DPS audit.
D. Weight Inspection Reports & Upload
Allied Agency must purchase hardware and software to conduct weight inspections in
order to upload the reports to DPS. Allied Agency may only issue DPS authorized weight
inspection reports.
E. Annual Reporting Requirements
Allied Agency must submit an annual report of its weight enforcement activities for each
calendar year to DPS. Allied Agency must send the report to the Motor Carrier Bureau in
Austin, Texas by January 31 of each year for the prior year's enforcement activities. The
annual reporting requirements under this Section will survive the termination date of this
MOU.
F. Statutory Financial Reporting and Remittance Requirements
Allied Agency must comply with Transportation Code § 621.506(g) and report that data to
DPS.
This includes: (1) sending the required 50 percent share to the State of Texas's Comptroller
of
Public Accounts (CPA) if the fine meets the statutory criteria; and (2) only imposing the
minimum
dollar fine unless the vehicle's weight was determined by a scale given or approved by DPS.
DPS will confirm fiscal standing with CPA before renewing an MOU with Allied Agency.
IV. Termination of Certification
* * * UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGUST 1, 2027 * * *
To prevent a loss of authority to conduct weight enforcement inspections, please email DPS
with your renewal request between the 60th and 30th day prior to the expiration of your
current MOU. If the Allied Agency does not sign the renewal and mail it in to DPS before its
current MOU expiration date, certified officers must cease performing all weight
enforcement activities, until DPS receives the new fully executed MOU.
Page 2 of 3
1. DPS may issue a warning to Allied Agency if Allied Agency fails to comply with MOU
requirements in such a way that DPS deems that the weight enforcement action being
taken is contrary to established training and statute. Failure to immediately correct any
compliance issue or comply with the required remittance of assessed fines to the
Comptroller of Public Accounts may result in the termination of the established MOU and
the decertification of Allied Agency.
2. DPS may decertify the Allied Agency if the agency does not have a certified officer within one
year of joining the MCSAP program and if an agency no longer has certified officers due to
promotion, retirement, resignation or transfer they must certify an officer within one year of
last officer's removal date.
V. Program Coordinators and Signatory Acceptance
Allied Agency's weight enforcement coordinators are responsible for all communications and
contacts required to manage this MOU. The coordinators must provide any updates
regarding contact information within 30 calendar days.
DPS Program Coordinator:
Captain Richard Reid
THP Motor Carrier Bureau
P.O. Box 4087
Austin, Texas 78773-0522
Phone: (512) 424-2053
Fax: (512) 424-5712
Richard.Reid@)dps.texas.gov
Allied Agency Program Coordinator
(name and title here)
Sergeant Reginald Traylor
Traffic Division - Enforcement
Commercial Vehicle Enforcement Unit
Insert address
1100 Nashville Ave
Fort Worth, TX 76105
Insert phone, fax, and email
(817) 392-4859 Office
(817) 392-4638 Fax
reginald.traylor@fortworthtexas.gov
Allied Agency Authorized Representative
(name and title here)
William Johnson, Assistant City Manager
Signature of Authorized Representative
Date:
William J,6hnson (Jun 24, 2025 10:50 CDT)
06/24/2025
Page 3 of 3
[Executed effective as of the date signed by the Assistant City Manager above.] / [ACCEPTED
AND AGREED:]
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
Robert'Alldrn 20, 2025 15:31 CDT)
By:
Name: Robert A. Alldredge, Jr.
Title: Interim Police Chief
Approved as to Form and Legality:
Amama Muhammad on behalf ofMuhammad on behalf of Jac�son�inner i0,24�
By:
Name: Jackson Skinner
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Approved: N/A
1295: N/A
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.
XeAA� � ' (�
By:
Name: Loraine Coleman
Title: Administrative Services Manager
City Secretary:
By:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX