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23-1475ORDINANCENO. 23-1475 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN INTERLOCAL COOPERATION CONTRACT IN THE FORM OF AMEMORANDUM OF UNDERSTANDING WITH THE STATE OF TEXAS, TEXASDEPARTMENT OF PUBLIC SAFETY, ESTABLISHING RESPONSIBILITIES, POLICIES,AND GUIDELINES FOR THE DENTON POLICE DEPARTMENT TO CONDUCT FEDERALSAFETY REGULATION INSPECTIONS; AND PROVDING AN EFFECTIVE DATE. WHEREAS, pursuant to Texas Government Code Chapter 791, Interlocal Cooperation Contracts, the City wishes to establish through a Memorandum of Understanding (“MOU”) with the State of Texas, Texas Department of Public Safety, the parameters for enforcing Federal safety regulations; and WHEREAS, this MOU authorizes Denton Police officers to conduct Federal safety regulation inspections in accordance timeliness and accuracy standards imposed by the FederalMotor Carrier Safety Administration and through the implementation of procedures for compliance of the minimum standards outlined in the MOU, including minimum certificationrequirements in training programs and policies and guidelines for conducting Federal safety regulation inspections; and WHEREAS, the City believes this MOU is in the best interests for the safety of the citizens of the City of Denton, and that a valid government purpose is served by said designation; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2: The City Manager, or their designee, is hereby authorized to execute this MOU on behalf of the City of Denton with the Texas Department of Public Safety, establishing responsibilities, policies, and guidelines for the Denton Police Department to conduct Federal safety regulation inspections, which is attached hereto as Exhibit “A,” and made a part hereof by reference and is hereby approved. SECTION 3: That this Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by Br 1 a,n, Bak by Pay\ h& t +t'/ ; thi, O,di„,„„ w,s p,ss,d following vote a - and seconded and approved by the Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: J ,/ V / aJ7 f 5-r'\PASSED AND APPROVED this the d a y 0 f A u Sv I t _, 2023. GERARD HUDSPET FI, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY JIll 1111111/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ,,..@Z-/ / Exhibit 1 +\lb IB' MEMORANDUM OF UNDERSTANDING Between DEPARTMENT OF PUBLIC SAFrrY OF THE STATE OF TEXAS (DPS) CIty of Denton (Allied Agency) 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 utiIIzation 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 responsiblltties for the federal, state, county, and munIcIpal agencIes, it is agreed: • DPS will inspect vehicles operating over public highways and at carrier terminal faciltties. © 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 poIIce officers certifIed under Tex. Transp. Code S 644.101, These certified municipal police officers may conduct vehicle inspections at carrier termInal facilitIes. 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). AlIIed /Wencies and theIr authorized inspection representatives (Program Coordinators) must implement procedures in accordance wIth the mInimum standards in this MOU. 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: 2. 3. 4. Tex. Transp. Code Ch. 644, located at http://www.statutes.leEk.state.tx.us/; 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 http://www.sos.texas.gov/tac/index.shtml; and The most current version of the CMV Enforcement Guidance Documents provided by DPS to the Allied Agencies: CVSA Levels of Inspection • • ++' lot o Level 1 North AmerIcan Standard MCB Allied AgencIes MOU Template Page 1 of 8 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, Suk>chapter 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. C DPS RESPONSIBILITIES11. DPS will: A. B. C. D. E. Fe G. H. Train, retrain (as necessary or desirable), test, and certify Allied Agency inspectors as per the agreement between DPS and the CVSA. Approve inspection forms for all inspections conducted in conformance with this MOU. Approve vehicle and driver out-of-service stickers. Supply CVSA decals on a cost-recovery basis to Allied Agencies. Supply software necessary for the data entry of all inspection information, on a cost recovery basis to Allied Agencies. Supply Allied Agencies with inspection data, upon request. Forward challenges of data in inspections or crash reports to Allied Agencies for their inspections. 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 AGENCYRESPONSIBILITIES A. 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 S 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 S 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. 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. Send a representative to the annual MCSAP meeting held by DPS to ensure familiarity with all updated policies and procedures. 3. 4. B. Policies and Guidelines Allied Agency must: 1. 2. Conduct inspections only by using CVSA-certified officers. 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. Not use inspection as a pretext to search commercial vehicles. 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. 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. Ensure that CVSA-certified inspectors have adequate tools and resources to conduct queries into motor carrier registration and operating authority while conducting roadside inspections. Perform Level 1, IV, and V inspections requiring undercarriage inspection and brake measurements utilizing an inspection pit or with a referring officer for safety. 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 1, II, IV and V motor coach inspections must only be performed by Passenger Vehicle Inspection certified inspectors. 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 reportingsoftware. 3. 4. 5. 6. 7. 8. 9. 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 commereial 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 1 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 Bpproved 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 offlcer’s certIficatIon status changes (is certIfied, suspended, or decertlfIed for different types of Inspections, or transfers out of the CVSA InspectIon program). A cumulatIve IIst 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 6zK.102 in reportIng the total amount of fines collected, actual enforcement program expenses and the remIttance of mandated funds to the Texas Comptroller of PubIIc Accounts. IV. TERMINATION OF CERnFiCATiON +++ UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGu£r 1, 2025.8u A.Renewal of thIs MOU To nrevent a loss of authorIty to conduct CVSA InspectIons, please maII 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 AlIIed AgencY before the MOU expIratIon date, certIfIed offIcers must cease performIng all CVSA InspectIons, until the renewal has been fully ocecuted. B.Decertlfiation 1. DPS may decentfy 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 Texas. 5. DPS may decertify Allied Agency for failure to comply with the annual fiscal requirements mandated by Tex. Transp. Code S M.102. Allied Agency must properly report fines collected, actual expenses, and the amount of remittance sent to the State of Texas’s Comptroller of PubIIc Accounts. MCB Allied Agencies MOU Template Page 5 of 8 C.TermInation of Certification 1. Termination of certification, whether by decertlfication, 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. 6zYI, 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 Certificationa /3 : 15. 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 eompromised, 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. f ;}}::/ 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 informal/on within 30 calendar days. The current program coordinators for this MOU are: Allied Agency: MCB Allied Agencies MOU Template Department: Page 6 of 8 DEPARTMENr OF PUBLIC SAFErY Toas HIghway PatrolMob>r CarrIer Bureau CaptaIn Omar Mllarreal Managernwnm Ckxxdhu&r It\\\ q:r+kqaL3>\\it 'a) Av.q+>%a&\DAdaw MCB, P.O. Box 4087Austin Totas 78773-0522Addw ({==>££:' aRIZ (512) 4242053Vok= FIIme Numbe (q+9) 34:q - llb\„Fax Nfx7au (512) 42+5712Rx Numtn omar.villarreal@dps.tocas.gov&maII Adaw MCB Allied Agencies MOU Template Page 7 of 8 \. . L \ t f b/ I Evidence ofAa@ptance: mnG&LR }nzl MCB Allied Agencies MOU Template Page 8 of 8