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HomeMy WebLinkAboutRES 12-263 RESOLUTION NO. 12-263 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Memorandum of Understanding with the Texas Department of Public Safety for participation in the Motor Carrier Safety Assistance Program. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. Awh Mayor Bec y Ames - �1+141 , ` _�i 4 MEMO 114 OF UNDERSTANDING Between THE TEXAS DEPARTMENT OF PUBLIC SAFETY (The"Department") -and- BEAUMONT POLICE DEPARTMENT _ (The"Municipality") General Agreement The goal of the Motor Carrier Safety Assistance Program is to reduce 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 commercial motor vehicle; driver,, and cargo inspection resources; to avoid duplicatilpn of effort and to expand the number of inspections performed•, to advance uniformity of Wh ;" c 'on;: and to minimize delays in schedules incurred by industry inherent to this type of eii ment 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 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 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. ; ttl:' curacy standards for itself and for counties and municipalities engaged in the Jnspect'r'gr;��o erclal motor vehicles. 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 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.statuutes.legis.g=.tx.ugL); Title 37, Texas Administrative Code ("TAC" at httQ://www sos state tx us/tacTindex.shtxnl), Chapter 4, Subchapter B; Chapter 16, Subchapter A; 01 Current MOU-January 2012 Mou with Beaumont Pollee DepwtTm t,7rarAc mislon Page 1 of 6 P:\MCCA\M0UAKmter Cbmmpondende\01 ourmt MOU-]aixwry 2012.d)c EXHIBIT "A" and Chapter 21 and any amendments thereto, and the most current version of the Commercial Vehicle Enforcement Guidance Documents.provided by the Department. mmercigVehicle Safety All ance QM r. , es.of Inspection Level I 'North American Standard Level II Walkaround Inspection Level III- Driver Only Inspection LevelIV Special Inspection Level V Vehicle-Only Inspection (Terminal) Responsibiiities of the Department In order to better implement and maintain the standards and agreements contained in this MOU, 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 Public 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 stickers. 4. Supply CVSA decals on a cost recovery basis to municipalities and counties. 5. Supply software necessar r 6ridata entry of all Inspection information, on a cost recovery basis to municipal.iti-OtWii untjes. 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 Municipality In order to ensure that the Municipality's inspectors maintain practical proficiency in the program. Responsibilities of the Municiinalifir 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 prior to using these officers for commercial vehicle enforcement. 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 It mmended Out-of-Service and other defect repair verification procedures as developedi Ai The Municipality agrees to honor tile- 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 Standard Roadside Inspection Procedures and North American Standard 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 Moll wllh Beaumont Poum Department,Trar k Division Page 2 of 6 P:\MCCA\140WMaster Correspondenoe\01 Current MOU-January 2011doc certification training to maintain their certification. To further program goals and achieve the highest quality in inspections; the Municipality will 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 Municipality will 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 Municipality will ,send a#�- ; ve to the annual MCSAP meeting held by the Department to ensure familiarity WtWa dates to policies and procedures. If the Municipality wishes to continue. commercial vehicle enforcement 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. 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 and software approved by the Department and conducted following the guidelines approved by the Department. Forms and software will not be altered without Department approval. 3. The Municipality will ensure that CVSA certified Inspectors have adequate tools and resources to conduct queries into motor carrier registration and operating authority while conducting. roadside inspections: 4. CVSA.certifiied Inspectors will document all violations found during a CVSA inspection on the CVE-3 inspection report, inciudfig violations of local ordinances. S. Inspection data will be fo ectronically to the Department within ten (10). days tir. ; following the date of inspe�O:W �p'rocessing and final compliance using the most recent version of reporting software; paper copies will be mailed to the Department immediately thereafter. 5. 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--bepartment in writing witli n 0- days. A cumulative list of.the officers whose status has changed will be sent to the-Department by January 31st of-each year. 7. 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 investlgatlon. 8. 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. 9. The Municipality will maintain the official copy of all reports of inspections conducted by its CVSA certified inspectors for the crjrrent calendar year, and two additional years. The official copy may be in paper Of retrievable electronic form, and it must bear the signature of the commercial motor veh '.:.r r:involved in the inspection. A copy must be provided A to the Department upon ti e` ir14,r rits request. . 4 MOU wtth Beaumont Po ice Depart,Traffic DiAsion Page 3 of 6 PAMCCA1MOUAMaster Cortespon 10=\01 Ctinent MOU-January 2012.doc, 10.When data in an inspection or crash report is challenged,.the Municipality will, investigate and determine whether a correction to the data needs to be made. The Municipality will notify the motor carrier and the Department in writing of the results of the investigation within 10 days. If a correction is necessary, the Municipality will make the correction and forward the corrected reports to the Department immediately. 11.The Municipality 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. 12.The Municipality 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. Upon amendment of 37 TAC Chapter 4, Subchapter B, the Department will, if necessary, amend this MOU within a reasonable,, of time. The date of any amendment under this ,�, ,.# . , paragraph will not affect the renewal;, �,, abed in the next section. Teirntionation of Gordo- an. * UHLM RINEWED,IHIS IAQU WILL WSRI ON SEMNIZE L ZA14 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 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 Vt of each year, Inspection data ,reports and Crash reports must be provided to the Department immediately upon discontinuation in the certification program. The Municipality may discontinue certification at any time by notifying the Program Coordinator for the Department in wntinc The CVSA. and Federal Mote . f :s afety Administration require.officers to complete a . minimum number of inspections an a 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 Municipality far 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 Municipality, or individual officers conducting inspections for the Municipality, 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 Municipality for using the certification as a primary method of generating program revenue or enhancing criminal interdiction activities. The Department may decertify the Municipality for allowing its officers to engage in secondary employment activities that present a conflict of interest with their commercial vehicle enforcement duties. MOU wb Beaumont Mom Department,Traffic DivisEOO Page 4 Of 6 PAMCCA RIDLk Ster COMeWOMdenoe101 Current MOU•r�.A w 2012.doc The Department may decertify the Municipality for failure to comply with the provisions of the. MOB,training, officer certification, or d.. °.sh 'r ng requirements, including the requirement that the Municipality reimburse the Departr> '� jo ;wfiaining expenses and the requirement that the Municipality forward information and res '0*to requests in a tirneiy manner, or any other provisions of 37 TAC §§ 4.13-4.14. 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 Tennination of Certification. The Department may issue a warning to the Municipality if the Municipality fails to conduct any inspections within a three (3) month period. The Department may also issue a warning if the Municipality 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 wfiNn three (3) months, or such other period as the Department may specify, can result in termination of the MOU and decertification of the Municipality. Aul. MOU wO eew=t Poke Depntnent,Tmft OMSM Page 5 of 6 P:\MCG1MOUs\Mster(brrespondenae101 Current MOU-)enuary 2012.doc Program Coordinators a' 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: AP Beaumont Police Department r"-! OF PUBLIC SAFETY .4A Traffic Division �y. Texas Highway Patrol Motor Carrier Bureau Captain Omar Villarreal lieutenant Derrick Fowler Manager Pro gram coor�d roor Proomm coordinator 700 Orleans MCB, P.O. Box 4087 Beaumont TX 77701 Austin Texas 78773-0522 _ Address - - Address (409) 980-7271 512 424-2053 Voice Phone Number Voice Phone Number (40.9) 980-7225 (512)424-5712 Fax Number Fax Number dfow1er @c1.beaumont.tx.us & k 4, cford ci.beaumont.bc.us ;,' omar.villarreal@bcdps.state.tx.us E-mail Address' E-maY Address Evidence.of Acceptance by parties: Signature of Authorized Wdal Signature of Authorized Oflidal BEAUMONT POLICE DEPARTMENT TRAFFIC DMSION 'TEXAS DEPARTMENT OF PUBLIC SAFETY Political SubdfvWCT State Agency _ STEVEN C. McCRAW, COLONEL Name Name : . DIRECTOR Title ;; TRIe Data Date MOU with Beaumont Police Department,Traffk DWon Page 6 of 6 P:\M0CA1M0UsV4asbar Correspondence\01 Current MOU-January 2012.doc