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following vote � �� - � ]:
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
Abstain Absent
John Ryan, District 4: �/ �� � m��
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Deb Armintor, At Large Place 5: �
Paul Meltzer, At Large Place 6: �� � � �
PASSED AND APPROVED this the da of , ��� �� ����
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ATTEST:
ROSA RIOS, CITY SECRETARY
�,� _ �
BY: � �� �. �w'�._ � ' ;_..��°,���
a�..�W� �� .��.......__..m....
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
I?�
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
-and-
C Y OF DENTON ITm(Allied Agency)
.....�� T..._..........
I. GENERAL AGREEMENT
A. Introduction and Statutory Authority
DPS and Allied Agency enter into this Memorandum of Understanding (MOU) in order to
maximize the effective utilization of commercial motor vehicle, driver, and cargo inspection
resources; to avoid duplication of effort, to expand the number of inspections performed; to
advance uniformity of inspections; and to minimize delays in schedules incurred by the industry
inherent to this type of enforcement activity.
1. Due to the need for a basic delineation of routine responsibilities for the federal, state,
county, and municipal agencies, it is agreed:
• DPS will inspect vehicles operating over public highways and at carrier terminal facilities.
� Allied Agencies must, as a routine practice, confine inspection activities to vehicles
operating over public highways and city streets in their jurisdictions with the exception
of municipal police officers certified under Tex. Transp. Code § 644.101. These certified
municipal police officers may conduct vehicle inspections at carrier terminal facilities.
2. The Federal Motor Carrier Safety Administration (FMCSA) has imposed timeliness and
accuracy standards on DPS regarding interstate and intrastate motor carrier information.
DPS, in turn, has established timeliness and accuracy standards for Allied Agencies engaged
in the inspection of commercial motor vehicles (CMV).
3. Allied Agencies and their authorized inspection representatives (Program Coordinators)
must implement procedures in accordance with the minimum standards in this MOU.
4. In order to advance uniformity in the inspection of CMV and their operators, Allied Agencies
must adopt the Commercial Vehicle Safety Alliance's (CVSA) North American Standard
Roadside Inspection Procedures and the North American Standard Out-of-Service Criteria as
adopted by DPS under the following:
� Tex. Transp. Code Ch. 644, located at l�t����"�"�rw��r.m���������,� I�,��i��.����Ca� �� u���;
� 37 Tex. Admin. Code Chapter 4, Subchapter B; 37 Tex. Admin. Code Chapter 16,
Subchapter A; and 37 Tex. Admin. Code Chapter 21 located at
h�.��� ��v���µm��� t�a�k��.��a���t�r�m�n����a�x s��r�rV; and
� The most current version of the CMV Enforcement Guidance Documents provided by
DPS to the Allied Agencies:
�V�,�1 I_��v�q� �f N�°��SecMti�rr�
MCB Allied Agencies MOU Template Page 1 of 8
o Level 1 North American Standard
o Level II Walk-a-round Inspection
o Level III Driver-Only Inspection
o Level IV Special Inspection
o Level V Vehicle-Only Inspection (Terminal)
The State of Texas has an inspection quality agreement with the FMCSA in its Commercial
Vehicle Safety Plan. Inspections found to be non-compliant with this policy may be nullified by
the DPS Motor Carrier Bureau (MCB) from the carrier's safety profile and from the inspector's
certification record by the authority of the Assistant Division Director of the DPS Texas Highway
Patrol (THP) or that person's designee.
If amendments to 37 Tex. Admin. Code Chapter 4, Subchapter B require amending this MOU,
DPS will do so within a reasonable period of time. The date of any amendment under this
paragraph will not affect the renewal date described in Section IV, unless otherwise indicated
by DPS.
II. DPS RESPONSIBILITIES
DPS will:
A. Train, retrain (as necessary or desirable), test, and certify Allied Agency inspectors as per the
agreement between DPS and the CVSA.
B. Approve inspection forms for all inspections conducted in conformance with this MOU.
C. Approve vehicle and driver out-of-service stickers.
D. Supply CVSA decals on a cost-recovery basis to Allied Agencies.
E. Supply software necessary for the data entry of all inspection information, on a cost recovery
basis to Allied Agencies.
F. Supply Allied Agencies with inspection data, upon request.
G. Forward challenges of data in inspections or crash reports to Allied Agencies for their
inspections.
H. Conduct random in-person observation of inspections conducted by Allied Agency in order to
ensure Allied Agency's inspectors maintain practical proficiency in the program.
III. ALLIED AGENCY RESPONSIBILITIES
o Certification Testing
Allied Agency must:
1. Enroll its commissioned, full-time officers who have not met the minimum certification
requirements for enforcement of Tex. Transp. Code Ch. 644 in training programs required
by 37 Tex. Admin. Code § 4.13(b) prior to using these officers as inspectors for commercial
vehicle enforcement. Allied Agency must reimburse DPS for costs associated with any
training provided by DPS under 37 Tex. Admin. Code § 4.13(b)(5).
MCB Allied Agencies MOU Template Page 2 of 8
2. Implement a program to ensure its officers perform the required number of inspections
annually, as specified in 37 Tex. Admin. Code § 4.13(c), and successfully complete the
required annual certification training to maintain certification. To further program goals and
achieve the highest quality in inspections, Allied Agency must ensure its officers conduct
more than the minimum number of inspections required annually to maintain certification
and that inspections are evenly distributed throughout the year to maintain enforcement
continuity.
3. Immediately suspend from performing CVSA enforcement and inspections, any officer who
fails to maintain certification or who fails to perform the required number of inspections
following CVSA's North American Standard Uniform Inspection Procedures and the North
American Standard Out-of-Service Criteria guidelines.
4. Send a representative to the annual MCSAP meeting held by DPS to ensure familiarity with
all updated policies and procedures.
B. Policies and Guidelines
Allied Agency must:
1. Conduct inspections only by using CVSA-certified officers.
2. Only conduct inspections 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 off-site (such as a
roadside or at an inspection facility). Compensation for inspections of any kind by other
entities (including carriers and carrier employees) is prohibited.
3. Not use inspection as a pretext to search commercial vehicles.
4. Ensure traffic stops performed on a commercial vehicle are 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.
5. Use the most current forms approved by DPS during the inspection process. Forms and
software may not be altered without the prior, written approval of DPS.
6. Ensure that CVSA-certified inspectors have adequate tools and resources to conduct queries
into motor carrier registration and operating authority while conducting roadside
inspections.
7. Perform Level I, IV, and V inspections requiring undercarriage inspection and brake
measurements utilizing an inspection pit or with a referring officer for safety.
8. Perform only Level V terminal inspections on motor coaches for certification purposes
except for unusual circumstances (such as post-crash investigations). All other inspections
must be conducted roadside. Level I, II, IV and V motor coach inspections must only be
performed by Passenger Vehicle Inspection certified inspectors.
9. Forward inspection data electronically to DPS within ten calendar days following the date of
inspection for processing and final compliance using the most recent version of reporting
software.
MCB Allied Agencies MOU Template Page 3 of 8
10. Forward crash reports involving commercial motor vehicles to Texas Department of
Transportation (TxDOT) no later than ten calendar days after the date of the crash
investigation.
11. Allow DPS to conduct random in-person observation of inspections conducted by Allied
Agency in order to ensure that Allied Agency's inspectors maintain practical proficiency in
the program.
12. 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.
13. 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 prohibition includes Allied Agency officers trained by DPS that are
no longer assigned to commercial vehicle enforcement units but remain employed by the
Allied Agency.
14. Require all defects disclosed during the inspection process to be corrected.
15. Adopt the Recommended Out-of-Service Criteria and other defect repair verification
procedures as developed by CVSA.
16. Honor 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 the North American Standard Out-of-Service Criteria.
17. Maintain the official copy of all reports of inspections conducted by its CVSA certified
inspectors for the current calendar year, plus two additional years. The official copy may be
in paper or retrievable electronic form, and it must bear the signature of the commercial
motor vehicles driver involved in the inspection. A copy must be provided to DPS upon
DPS's request.
18. Conduct mock inspections and safety presentations as requested by the carrier and as
approved by supervisors. Allied Agency may conduct safety presentations that include a
mock (walk-around) inspection, but no documented inspection may be performed as part of
a walk-around or safety presentation.
19. Note circumstances in the inspection report when more than two citations are issued
during an inspection. An important aspect of the MCSAP 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 citations may be warranted.
20. Document all violations (citations and warnings) discovered on the inspection report as
violations, including violations of local ordinances. All CMV contacts must be recorded on
the inspection report.
21. Investigate and determine whether a correction to data needs to be made when data in an
inspection or crash report is challenged. Allied Agency must notify the motor carrier and
DPS in writing of the results of the investigation within ten calendar days. If a correction is
necessary, the Allied Agency must make the correction and forward the corrected reports
MCB Allied Agencies MOU Template Page 4 of 8
to DPS immediately. Retaliatory actions against motor carriers who file data challenges are
strictly prohibited
22. Must notify DPS in writing ten calendar days any time an officer's certification status
changes (is certified, suspended, or decertified for different types of inspections, or
transfers out of the CVSA inspection program). A cumulative list of officers whose status has
changed must be sent to DPS by January 31 of each year.
23. Must comply with the annual fiscal requirements mandated by TRC 644.102 in reporting the
total amount of fines collected, actual enforcement program expenses and the remittance
of mandated funds to the Texas Comptroller of Public Accounts.
IV. TERMINATION OF CERTIFICATION
*** "4�'ILL EXPIRE ON AUGUST 1�._2021�***
_ww„wwwwwww UNLESS RENEWED, THIS MOU m_ m_ITmIT
A. Renewal of this MOU
To prevent a loss of authority to conduct CVSA inspections, please mail or FAX your renewal
request to the Department no more than 60 nor less than 30 days prior to the expiration of
this MOU. If the renewal has not been executed by the Allied Agency before the MOU
expiration date, certified officers must cease performing all CVSA inspections, until the
renewal has been fully executed.
B, Decertification
1. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for failure to demonstrate practical proficiency in the program during random in-
person observations by DPS, or by audits of inspections submitted.
2. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for using the certification as a primary method of generating program revenue or
enhancing criminal interdiction activities.
3. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, if officers to engage in secondary employment activities that present a conflict of
interest with their commercial vehicle enforcement duties.
4. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for failure to comply with the provisions of the MOU, training, officer certification,
or data-sharing requirements, including the requirement that Allied Agency reimburse DPS
for training expenses and the requirement that Allied Agency forward information and
respond to requests in a timely manner, or any other provisions of 37 Tex. Admin. Code §§
4.13 and 4.14. Reimbursement can be made by check or money order, payable to the
Department of Public Safety of the State of l exas.
5. DPS may decertify Allied Agency for DPS may decertify Allied Agency for failure to comply with the
annual fiscal requirements mandated by Tex. Transp. Code § 644.102. Allied Agency must properly
report fines collected, actual expenses, and the amount of remittance sent to the State of Texas's
Comptroller of Public Accounts.
MCB Allied Agencies MOU Template Page 5 of 8
C. Termination of Certification
1. Termination of certification, whether by decertification, request of Allied Agency, or by
failure to renew, will result in the inability of 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 31 of each year, inspection data reports, and crash reports
must be provided to DPS immediately upon discontinuation in the certification program.
2. Allied Agency may discontinue certification at any time by notifying DPS Program
Coordinator in writing.
3. 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, DPS will decertify Allied
Agency, or individual officers conducting inspections for Allied Agency, for failure to report
any inspections to DPS within a six month period or for failure to evenly space the required
number of inspections throughout the year.
4. Any Termination of Certification terminates Allied Agency's authority to enforce federal
safety regulations under Texas Transp. Code Ch. 644, and Allied Agency's eligibility for
reimbursement of expenses from penalties assessed. DPS will notify the program
coordinator for Allied Agency and the Comptroller of Public Accounts in writing of any
Termination of Certification.
5. DPS may issue a warning to Allied Agency if Allied Agency fails to conduct any inspections
within a three month period. DPS may also issue a warning if Allied Agency fails to comply
with MOU requirements in such a way that DPS deems the quality 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 months, or
such other period as DPS may specify, can result in termination of the MOU and
decertification of Allied Agency.
V. PROGRAM COORDINATORS
The parties' program coordinators are responsible for all communications and contacts required to manage this
MOU. The parties must provide any updates regarding contact information within 30 ca/endar days. The current
program coordinators for this MOU are:
MCB Allied Agencies MOU Template Page 6 of 8
Allied Agency:
,d
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Program Coordinator
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E�mail Address
MCB Allied Agencies MOU Template Page 7 of 8
Department:
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
.. ,,,..... ....
Voice Phone Number
�512� 424-5712
Fax Number
omar.villarreal@dps,texas.qov
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E-mail Address
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MCB Allied Agencies MOU Template Page 8 of 8
ATTEST;
CITY S ECF ETARY
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