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HomeMy WebLinkAboutRES 21-244RESOLUTION NO. 21-244 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding, between the City of Beaumont and the Texas Department of Public Safety relating to state vehicle weight enforcement inspections. The Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. aa-4� J - Mayor Robin Mouton - MEMORANDUM OF UNDERSTANDING Between DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS) and BEAUMONT POLICE DEPARTMENT (ALLIED AGENCY) 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 quallfled 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. Page 1 of 4 EXHIBIT "A" 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 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. 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-callbrate 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 5o percent share to the State of Texas's Comptroller of Public Accounts (CPA) if the fine meets the statutory criteria; and (2) only imposingthe 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. Page 2 of 4 IV. Termination of Certification * * * UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGUST 1, 2023 * * * 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. 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 contraryto 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. 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 Omar Villarreal THP Motor Carrier Bureau P.O. Box 4087 Austin, Texas 78773-0522 Phone: (512) 424-2053 Fax: (512) 424-5712 Omar.Villarreal@dps.texas.gov Page 3 of 4 Allied Agency Program coordinator Insert name:and.#itle here: lnsert Ord dress lnsertOhone,'fax; and email Allied Agency Authorized Representative Inse&n.. ame and title here Signature of Authorized Representative Date: Page 4 of 4 MEMOR 0 , F`UNDERSTANDING I ANDUM OF . DEPARTMENT .O�'F.;P'UB-LI-C�SAF�VOF�-'t,�HE-�'T-,��' . 5:01F T_� ES 1 _RT T' _A (IJ PS) and BEAIJ,MONT'POLICE�-I)EPAR.TMENT-.(ALLIED,AG.ENCY) 1. General Ageeement' In accardarice 'Cnrith Texas Tran5pOftOtIQ n, Qjd'0,,§, 621.4 2. DRS.,hbs -established paraine -s� for - .0 , ter approved Allied Ageh _`i6s seeking to e n ord..e Texas Transportation ,Code Chapter 1. �the .uniform Lihfofteffi.6ht of th -to Siqbphopter F. I'n_-,orde' A 'Iffiize statute, le paffi6tenter'in ,r Q max, use, ihis-Veftior& andum of (M 60-�- rogo rd [rig tr4fill' approved -scale - I annual scale re -calibration standards, V11 , olat'lorl report requirements,mandated, 'I and annual reporting; in-,orderto,betterimplement pqor.na.,In�ain�the�-:sta,rt.dards-fivih-'Is.MOLJ�bP�,.'� will:: — r I , , .1—— 1. 1 1 1 1 1—— 1 W., -� I., Train, retrain (ais, necessary -or desirable), test;,and certify-the,:officers�'of 'anV_-_qWlified-Allied Agebidy. 2. Forward any weight erifori-cement'complaints orchallengesAo the. issuing: -.Allied Agency, 3. SUP01V software necessary for -the data:e'htry.of all inspection information on acost recovery basis t6-Allied Agencies. DPS may ,conduct rardom,.:in-personl observation bf pectiotwcoriductiA by ,a tl,, Allied A t genqy in order t6 ensure that. A e�hcy's offiddft are adheein-g! 6, DPS pertifib'at standards., Words., Ili.,Allied Agency Responsibilities A. Crie,rdficailon Training Allied Agency rnustenroll:'the'ir'comm-'Issionedi.,full-time l-off - i 1 cersjh,th,e40'Ij our, BasicZVE course conducted -at the :.directibn :of lhe.'OPS' Motor Carrier Bureau,.- A commissioned officer must 6btaih 80% Or b6tt& to- .become certified as a: "weighty :enforcement ,,offi.cer-." After 'initial cet,tific-ati'o'n,.m'and"a't'e,,d-re-certification ": . training Will takepla6b.f.ollo-wing.,bach legisl-ative.sestion. Weight` enforcement officers. must obtain 80Y%,,,or- better to .maintain - certification. DPS— Will immediately ,susperf4a.hV officer Wbd fails -. to - -6e tify anjd Allied 1 A t,pf"6hibit that gency must offic fr6m c6hduc .or' ting'ot'dssistitigwith,any,,wtilght dhfbrt.'6'md'nt.,Itfctivitie9, May, 't' 'btif 'i hg,,, D PS eit'hg 'If 6 Allied Agency di5' Inue agency certification Atany,tift6 byn n �v __,gency ,,-qpn-y. coriffibd officer se,parates'fron .an `.Allied Ageq,(., Alliedl Agency mutt 'notify- DPS.ithih ton - days. Pa&1-of 4 B. Application of.Statute a rid',All led Ageftqy''RJdqdIrefhen'­ts: 1. During; th-6course 6f,dtit.y,r,-a'nAllied -.Agency w6i9 .ht--,,&-n�fo'�.c6-'me'ht-officer must -adhere to . tK6 "rootolabjgsuspicion"il.requirements in W, fl ghi'lhgcommercial motor `vehicle -as Inferred by Transportation '611 must,. be'�.an �,'aftitulable, reason to Wcle�§­ 2i.4Q2.,Ther. detain a-veh-ic -utI, izi I ng vied scale to determine actual weight. jq�prior to _11-i ar�yjypp�,,Ofaijiprb fixed I' fl-pn,,si gppjip,&,a gfit.rnehteis in, qcq,ljl'tom commercial af traffic enter weight enforcement di rect -'conflict with -this mandate. n'datei 2. AIl,ied,Agerrcy41ll only y:conduct weightips,petflops while an officer si:on duty. Allied. Agency- ma,y,,,not_'0,erfoem 'Inspectic0sat'any tim6,'Lfdelhespecific purpose of,beriefittirig. a.',carrier, whether onsite or offsite (such as;a roadsid'Opr-at.a priheipaI place 6.0business)',. - f" Compensation for,we ight] nsp'ecticris,ofa ny, ki nd.'J.sprohibited. C. Approved',Scales, Al lied,,Agency- must: purchase,,a nd..use scales from the a pprovedIS-ca le I-I'st,fou,nd at the following . 1 URL, http'.-//WwW.dOs.it6)<as.gbv/cV6/"Publi,,datibns`/�­`apor6\i.6dStbieList:pdf. Allied Agency must re calibrate th- ring each ca r. m_-a ov d "I u h - '16hd6' year tya c'ertified'sc-ald technician �or -ppr x , e,,a,in:a Jn t vorid0r�.All' Allied Agency 11 d' d 4A, gency must t ivi, ual scale, calibration records d for year plus th'q�, two, prev re:cor& are subiect to review dcontested-.' d* "I t previous � ears. These ur,.!jlg , jq, Jda Y pj,oceedfrigs-lor. any DIPS PS audit; it; bi Weight Inspection kepoerts',"kUpload Inspections in ,Allied Agency must, purchase. hardware,,andsoftware to co,11dUct,weightr. order to,ulJ166d,the-repofts�to DPS. Allied Agency may -only'issue-,DP'S'lauthorized weight inspection reports. E., Annual ROPOrti-figRe4dirieffidrits Allied A_genpy must! U,. Mit'an,ah-gal re0ofenforcement;-activitiest of its Weight,'. f0reach 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 ah.h'Ual repottirigrequir under this Section will sUrVIVe.­th e termination date of this , MOV. Statutory-Tinancial kep.ortin :and'Remlitance-':Reciuirements Allied,:Agency musLcomplV-Wi.th'Transportation,Co.d,e'§. 6,2,-,1.5.06'(g),and',report that data ,to CPS. This required 50.perbentshare to_ah e, State of Texas's of NblicAb,c6unts (CPA),Jf_-'th&fih&.,"m e.0ts.thestdt'AftONcritcieia,.and.(2;)-only ,ifnp.osing,the minimum do'jI'0f'I'hjieunless the,96hitle,'sWbight-, as -d6beOhihe,&b 1 y a, ca, e given or,approved by DPS. DPS: will confirm -ff-, I . t -w_Ith;cPAIb-6fbrer6h&.W 11 renewing an MOU with -A I 114�d Agency.Agency.Ka $ an, Wif �ing ,.Rakel of IV. Termlnation­rof Certification "UNLESSjtENEWED, THIS MOUWILL UPIREON AUGUST 1,2623 Tol event:,aloss of authority to -:conduct Mud weight, enforcement inspections, please email OAS with your irdne-wa I ;request ,between '. the -,60tb -larid'30th day prior to expiration 6f your current M, 0 0 - I f tfleAf I 10,4 A$6n.t.y, does not sign lh­e'renewa I .anal mail,.it In, t'o;,DPSbbfoee.. its current .moljexpiration date, certifledbfficersmusteease performing al 1,Weight 6fffb a tividesi unti DIRS rpqqives­th,e- new fLflIv,ex,6cqt,,ed_M.Qq.. DP5- may issue a warning to:. Allied Agency'if Allied A to :comply 'ith, MOU, ' Agency fails w reouieon) nts in such'aW. 'tha�t"DPS.Aoems th�.t.r,the-W6�ght,ehf.otceme'nt action being taken isdem on ty�.dd,Welycorriedtahyc Mpli'h-oo'Issue ni. 9 0 a orco ply with Vhe:y&quir(0'reMitjante of-,assqs-sed`f ineis,W th*e COmotr0116rz6f PUblicActoUhU �qfi th- 't- b I I " m qy, rp j, p, termination the established MbU and thd46c0ttfft(6tioh of Allied Agency. _e . ermilmatio. pgramCippedi-a rsan,d-,' _0_4_oghato _ryAcceptance Allied'AgencVs.-welght enforcement, coordinators are responsi,ble, for ajj cpmMqftica#pqs and cont8cts1-1r,equjr-.ed'.to manage this iMOU.. Tf�' coordinators: Must provide,a,ny,updates; regarding contact Information Within 30 calendar -days,. DP , S Pfibgrjarn..'Coordinator, Captain Omar MllaWrt%[ TH P Moor -Carrier Bureau _u 0. box ,­ 407' -Austintlexas 78711=0512. Ph -one: 1053, Fax (SIZ)"424-75712 Page 3 of, 4: Allied Agency°Progra Wmrdinater �- or lnsert,narne,cnd tit"le here Ijn2ser_t dres nOit, hane, fax, and emai67 tia Allied Agency Authorized Representative, �Insert�name anal `trtle�here' Signature. of Authorized Repres6 tative Date:, 16 1 q" Z j Page'.4` of 4