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CM-2017-1412 - 6/16/2017MEMORANDUM OF UNDERSTANDING Between THE TEXAS DEPARTMENT OF PUBLIC SAFETY (The "Department' -and- ROUND ROCK POLICE DEPARTMENT (The "Allied Agency') 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. CB Allie-A!genciest�U a plate 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-legis-state.tx.us/­); Title 37, Texas Administrative Code ("TAC" at http:ilwww.sos.state.tx.us/tac/index.shtml), 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 Alliancg (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 tried 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 abide by the following policies and guidelines: 1. Conduct inspections only by using CVSA certified inspectors. Z. Inspections must be conducted on duty. No inspections may be performed at any time for the specific purpose of benefitting a carrier's safety profile whether on site or offsite (such as roadside or at an inspection facility). Compensation for inspections of any kind by other entities (including but not limited to carriers and carrier employees) is prohibited. 3. Inspection shall not be used as a pretext to search commercial vehicles. MCB Allied Agencies MOU Template Page 3 of 8 4. MCSAP personnel are encouraged to provide expertise and safety presentations to carriers at their request and with supervisory approval. Safety presentations may include a mock (walk around) inspection, but no documented inspection may be performed as a part of a walk around or safety presentation. 5. 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. 6. During the inspection process, the most current forms approved by DPS should be utilized. All violations (citations and warnings) discovered should be documented on the inspection report as violations, including violations of local ordinances. All CMV contacts will be recorded on the inspection report. Forms and software will not be altered without prior written approval of the Department. 7. Ensure that CVSA certified inspectors have adequate tools and resources to conduct queries into motor carrier registration and operating authority while conducting roadside inspections. 8. 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. 9. Except under unusual circumstances (such as post crash Investigation) Level V terminal inspections may only be performed on motorcoaches for certification purposes. All other inspections should be conducted roadside. Level I, II, IV or V motorcoach inspections may only be performed by PVI certified inspectors. 10. 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. 11.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. 12.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. 13. 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. 14. 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. 15. 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. MCB Allied Agencies MOU Template Page 4 of 8 Retaliatory actions against motor carriers who file data challenges are strictly prohibited. 15.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. 17. 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. 18.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. 19.The State of Texas has an inspection quality agreement with the Federal Motor Carrier Safety Administration in its Commercial Vehicle Safety Plan. Inspections found to be non-compliant with this policy may be nullified by the Motor Carrier Bureau from the carrier's safety profile and from the inspector's certification record by the authority of the Assistant Director of the Texas Highway Patrol or his designee. 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 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. MCB Allied Agencies MOU Template Page 5 of 8 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 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 falls 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: Program Coordinator Address Voice Phone Number Fax Number — E-mail Address MCB Allied Agencies MOU Template Page 7 of 8 IDepartment: DEPARTMENT OF PUBLIC SAFETY Texas Highway Patrol Motor Carrier Bureau Captain Omar Villarreal Manager Program Coordinator MCB, P.O. Box 4087 Austin Texas 78773-0522 Address (512) 424-2053 Voce Phone Number 512 424-5712 Fax Number omigr.villarreal@dps.texas.gov E-mail Address Evidence of Acceptance: SIgnatu of uthorized Oficial 4Po I �bdivis on C&/V /V?Pqw�- I . Iti, V-7 Date MCB Allied Agencies MDU Template Page 8 of 8 Renewal request for the MEMORANDUM OF UNDERSTANDING WITH THE Round Rock Police Department We have complied with all federal, CVSA, and state requirements, and are current in fling all reports required by the MOU. We request renewal of the MOU, and have provided any necessary corrections to the contact information provided below. Existing Information Updated Information: Round Rock Police Department 17460174851 State Tax ID Number Tom Sloan Sergeant_ Program Coordinator 2701 North Mays Round Rock TX 78665 Address (512) 845-3512 or (512) 218-5500 Voice Phone Number (512) 218-7060 Fax Number tsloan@roLindrocktexas.gov E-mail Address State Tax ID Number Program Coordinator Voce Phone Number Fax Number E mail Address Based on the last two digits of your Taxpayer Identification, you are scheduled to renew your MOU with the department before 81112019, and on the same date every odd year thereafter. TO PREVENT LOSS OF AUTHORITY TO CONDUCT CVSA INSPECTIONS, please send this request form to the department thirty to sixty days before your MOU will expire by FAX to {512} 424- 5262, or by mail to the Motor Carrier Bureau, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0522. The information refected above is correct and current. Please send us a renewal MOU. Al c � _ _r• �-I --I �7 Sign Title Date 0 A,, TEXAS DEPARTMENT OF PUBLIC SAFETY x 6200 GUADALUPE STREET/ PO BOX 4087 T , A AUSTIN, TX 78773-0522 (512) 424-2051 SIEVEN C. MCCRAW mmLw.dPsjexas.gov DIRECTOR MOTOR CARRIER BUREAU DAVID G. BAKER ROBERT ]. BODISCH, SR. DEPUTY DIRECTORS SERGEANT TOM SLOAN ROUND ROCK POLICE DEPARTMENT 2701 NORTH MAYS ROUND ROCK TX 78665 Re: INITIAL MEMORANDUM OF UNDERSTANDING Certification of Commercial Vehicle Enforcement Authority Dear Sergeant Sloan: 9 COMMISSION STEVEN P MACH, CHAIRMAN MANNY FLORES A CYNTHIA LEON JASON K PULLWM RANDY WATSON Pursuant to your request, we are sending you a draft Memorandum of Understanding (MOU). The standard MOU requires renewal every two years. You will be scheduled for the first biennial renewal on or before August 1, 2019. A draft of the MOU and the Commercial Vehicle Enforcement Guidance Documents (referred to in the MOU) are enclosed. Please complete any blanks on the MOU related to your Allied Agency, have the appropriate authorized person sign it, and return the original to me by July 15, 2017. If the contact information requires substantial revision, please FAX the corrections to me at (512) 424- 5712, and we will forward a corrected MOU to you. We will contact you in regards to scheduling your inspectors for training once your signed MOU has been received by our office. If you have any questions, you may contact me at (512) 424-2053. Thank you. Captain Omar Villarreal Manager, Motor Carrier Bureau OV/ta City of Round Rock f. ROUN TE ASppQCK Agenda Item Summary Agenda Number: Title: Consider authorization of memorandum of Understanding with the Texas Department of Public Safety for use of the Motor Carrier Safety Assistance Program. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/16/2017 Dept Director: Allen J. Banks Cost: $0.00 Indexes: Attachments: 2017 - DPS Motor Carrier Assistance Program CMAF, MOU, Cover Letter and Signature Page Department: Police Department Text of Legislative File CM -2017-1412 Consider authorization of memorandum of Understanding with the Texas Department of Public Safety for use of the Motor Carrier Safety Assistance Program. DPS is in charge of the commercial motor vehicle (CMV) program. They authorize law enforcement agencies to take part in the program by allowing them to take enforcement action against carriers violating certain CMV laws within the jurisdiction of the agency. To take part in the program, the agency must receive permission from DPS, which is what the MOU handles. That permission holds certain training and enforcement requirements we must adhere to. This agreement will allow RRPD to participate in the DPS Commercial Motor Vehicle program. After the initial MOU is signed, there will be a renewal every two years City of Round Rock Pape 1 Printed an 0/1 52017