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21-R-59 - MOU with Texas Department of Public Safety for renewal of Commercial vehicle enforcement authorityRESOLUTION NO. 21 -R -59 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING MEMORANDUMS OF UNDERSTANDING WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY, FOR THE PURPOSE OF OBTAINING A RENEWAL OF COMMERCIAL VEHICLE ENFORCEMENT AUTHORITY AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, there exists an ongoing concern from citizens of Schertz concerning the increased operations and safety of commercial motor vehicles within the city limits; and WHEREAS, the Texas Transportation Code strictly restricts the enforcement of weight limits and specific commercial motor vehicle rules; and WHEREAS, the Schertz Police Department has been granted the authority to enforce weight limits and specific commercial motor vehicle rules; and WHEREAS, the City staff of the City of Schertz has recommended that the City enter into Memorandums of Understanding with the Texas Department of Public Safety, for the purpose of obtaining a certification of commercial vehicle enforcement authority, and WHEREAS, the Memorandum of Understanding is a two year agreement and requires renewal to remain in force; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Texas Department of Public Safety pursuant to the Memorandums of Understanding attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Chief of Police to execute and deliver the Agreement with City and the Texas Department of Public Safety in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 50417899.1 Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 6th day of July, 2021. CITY OF SC ERTZ TEXAS May ATTEST: City Secretary 50417899.1 EXHIBIT A MEMORANDUMS OF UNDERSTANDING 50417899.1 A -1 Renewal request for the MEMORANDUM OF UNDERSTANDING WITH THE SCHERTZ POLICE DEPARTMENT We have complied with all federal, CVSA, and state requirements, and are current in filing all reports required by the MOU. We request renewal of the MOU, and have provided any necessary corrections to the contact information provided below. Existing Information Schertz Police Department Traffic State Tax ID Number Corporal A.J. Arriaga Program Coordinator 1400 Schertz Parkway, #6 Schertz, TX 78154 Address 2( 10) 619 -1200 Voice Phone Number (210) 619 -1220 Fax Number aarriaga @scheHz.com E -mail Address Updated Information: State Tax ID Number Program Coordinator Address Voice Phone Number rax Numoer E -mail Address Based on the last two digits of your Taxpayer Identification, you are scheduled to renew your MOU with the department before 81112021, and on the same date every odd year thereafter. TO PREVENT LOSS OF AUTHORITY TO CONDUCT CVSA INSPECTIONS, please send this request form to the department thirty to sixty days before your MOU will expire by FAX to (512) 424- 5712, or by mail to the Motor Carrier Bureau, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773 -0522. The information reflected above is correct and current. Please send us a renewal MOU. Signature Title Date MEMORANDUM OF UNDERSTANDING Between DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS) -and- SCHERT2 POLICE DEPARTMENT (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 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 http:LZ www .statutes.legis.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 httID:ll 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 MCB Allied Agencies MOU Template Page 1 of 8 • Level 1 North American Standard • Level 11 Walk -a -round Inspection • Level III Driver -Only Inspection • Level IV Special Inspection • 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 bf 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. IL 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 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 § 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 V- 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 * ** UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGUST 1, 2023. * ** 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 Texas. 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 calendar days. The current program coordinators for this MOU are: MCS Allied Agencies MOU Template Page 6 of 8 Allied Agency: Program Coordinator Iyt?c� 'Sc Address �21a� (1 ; . IZoC) Voice Phone Number 7-1 D�) ('0 1':i . I s 2 0 Fax Number OL f a- 0 t'1 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 @dlDs.texas. E -mail Address Evidence of Acceptance: of Authorized Official Political SubdNislon Name Title Date MCB Allied Agencies MOU Template Page 8 of 8 MEMORANDUM OF UNDERSTANDING Between DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS) -and- SCHERTZ POLICE DEPARTMENT (Allied Agency) I. General APreement 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 qualified 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. Ill. 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. MGB Allied Agencies MOU Template Page 1 of 3 OGG approved June 16, 2015 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. An P roved Scales Allied Agency must purchase and use scales from the approved Scale List found at the following URL: http://www.dps.texas.goy/cve Publications a rovedScaleList. df. Allied Agency must re- calibrate 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 50 percent share to the State of Texas's Comptroller of Public Accounts (CPA) if the fine meets the statutory criteria; and (2) only imposing the 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. MCB Allied Agencies MOU Template Page 2 of 3 OGC approved June 16, 2015 L 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 contrary to 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 Allied Agency Program Coordinator Insert name and title here.0 pL. A -S Insert address S -t o © sc. KMT 2 P 14-1j Y . 41,a sc.iA LP--rZ .`T� -7b ii 4 Insert hone fax and ema�f oil Allied Agency Authorized Representative N Insert name and title here i220 1 Signature of Authorized Representative Date: MCB Allied Agencies MOU Template Page 3 of 3 OGC approved June 16, 2015