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