4.10.23 COMMERCIAL MOTOR VEHICLE MCSO.PDF

Maricopa County — Formal (2023-04-26)

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MEMORANDUM OF UNDERSTANDING
BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY
(DPS) AND Maricopa County Sheriff's Office (MCSO)
REGARDING COMMERCIAL VEHICLE ENFORCEMENT MATTERS
This agreement supersedes all previous agreements related to these topics, particularly
Agreement C-50-16-058-M-00.
The purpose of this agreement Is to establish procedures for:
1. Using commercial Vehicle Safety Alliance (CVSA) decals.
2. Using ASPEN software program.
3. Ensuring uniform enforcement standards.
4. Maintaining certification standards and training,
This agreement becomes effective on the last date of the signature page and shall remain in effect
for (5) years or when Maricopa County Sheriff's Office disbands their commercial vehicle
enforcement program. Either party may cancel this agreement on thirty (30) days written notice
to the other party, Notice of such cancellation shall be sent registered mail to the other party, This
agreement Is subject to cancellation for conflict of Interest pursuant to A.R.S. §38-511.
Maricopa County Sheriff's Office shall appoint one person as the contact with DPS for all matters
addressed in this document.
Maricopa County Sheriff's Office shall at all times be acting as an Independent contractor and not
as an agent or Joint venture of the State of Arizona. The County and State acknowledge that
under this MOU no employee or participant of the respective is to be considered an employees of
the other party, and that no rights of merit, retirement, or personnel rules of the respective parties
shall accrue to such individual. The County and State shall each have total responsibility for all
salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational
disease compensation, unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning their respective employees and shall save and hold the
other party harmless with respect thereto.
Maricopa County Sheriff's Office shall not assign or transfer any of its duties under this
agreement.
Neither party shall charge the other for any administrative fees for work performed pursuant to
this agreement.
To the extent required by A.R.S. §§12-1518(8) and 12-133, the parties shall resolve any dispute
arising out of this agreement by arbitration.

The parties shall comply with Arizona Executive Order 2009--09 and any other Federal or State
laws relating to equal opportunity and non-discrimination, Including the Americans with
Disabilities Act and Title VI of the Civil Rights Act of 1964.
As the lead Motor Carrier Safety Assistance Program (MCSAP) agency In the State of Arizona,
Arizona DPS Is a member of CVSA operating under a MOU with CVSA.
Arizona DPS has the authority to partner with agencies within the state under a MOU to conduct
commercial motor vehicle safety Inspections.
In order to advance uniformity In the Inspection and enforcement of the Federal Motor Carrier
Safety Regulations, the parties Included In this MOU agree to Incorporate, use, and enforce to the
extent permitted by the jurisdiction's laws and policies, the following standards, policies,
procedures, and bulletins:
1. CVSA North American Standard Out of Service criteria (provided annually by DPS);
2. CVSA Operational Policies 4, 5, 14, and 15 available at www.CVSA.org;
3. CVSA decal application policies outlined In CVSA Operational Policy 5;
4. CVSA North American Standard inspection procedures;
5. CVSA and Arizona DPS Inspection Bulletins;
6. CVSA and Arizona DPS inspection data quality standards and uniformity standards;
7. CVSA Inspector certification standards outlined In CVSA Operational Policy 4;
8. Federal Motor carrier Safety Regulations as Incorporated under Arizona Administrative Code
R17-5-201 through R17-5-2.09.

1. Using CVSA Decals
CVSA is an association of local, state, provincial, territorial, and federal enforcement officials, and
commercial vehicle industry representatives, CVSA is responsible for establishing enforcement
standards in the United States, Canada, and Mexico to Improve commercial vehicle safety and
promote uniform enforcement.
CVSA permits member agencies to enable local agencies to issue and affix state-owned CVSA decals
to vehicles, which meet specific safety standards following an inspection.
DPS has the authority to provide such decals to local agencies.
Maricopa County Sheriff's Office shall follow all current procedures for affixing decals as
documented in the CVSA Operational Policy 5 available at www.cvsa.org.
DPS shall provide the decals at no cost to Maricopa County Sheriff's upon request. DPS will mail
them to 3325 w Durango Street; Phoenix, AZ 85009 as DPS receives them from CVSA.
At the end of each quarter, Maricopa County Sheriff's Office shall return unused decals to DPS or
destroy unused decals, whichever is requested by DPS.

Maricopa County Sheriff's Office shall secure decals in such a way that they will not be lost or
stolen.
Maricopa County Sheriff's Office shall notify DPS if Maricopa County Sheriff's Office no longer has
Level I certified officers who conduct motor carrier inspections.

2. ASPEN Software Program
ASPEN Is a federally developed software program which Is used nationwide by officers who
conduct motor carrier inspections. Inspection data is uploaded from ASPEN computers to the
SAFER data mailbox which enables the data to be Incorporated Into DPS' SAFETYNET system and
Federal Motor Carrier Safety Administration's (FM CSA) Motor carrier Management Information
System (MCMIS).
The following are basic principles of this program:
•
DPS is the lead agency from collecting, storing, uploading motor carrier
Inspection Information.
• Only inspections documented using ASPEN software can be downloaded
directly to SAFER.
•
ASPEN software shall be current to be compatible with SAFER/SAFETYNET
•
ASPEN does not preclude the use of handwritten inspection reports
•
Maricopa County Sheriff's Office shall be responsible for maintaining its
own ASPEN program from the standpoint of hardware and software issues,
as well as officer training.
a. Maricopa County Sheriff's Office shall designate a computer specialist
to handle the following functions:
• Maintain software and hardware to ensure compatibility with SAFER
• Resolve software and hardware problems that officers may
encounter with the program
• Set up software to make it agency-specific
• Update Maricopa County Sheriff's Office computers with new
versions of the software and new editions of the Inspection Selection
System(1SS)
•
Resolve download and data entry problems after officers
submit their inspections to SAFER
•
Attend ASPEN·related training conducted by DPS
b. Maricopa County Sheriff's Office shall purchase all hardware and software necessary to run
ASPEN. Hardware shall comply with minimum standards required to run the program.

c. Laptops and other Portable Devices- Maricopa County Sheriff's Office shall
utilize full disk encryption (FOE) to encrypt all data on a disk, including the
partition tables, whole physical disk, master boot record, and available files.
d. DPS shall conduct training for Maricopa County Sheriff's Office officers.
e. DPS shall, at no charge, provide Maricopa County Sheriff's Office with one copy of new
release of ASPEN software, as well as the most current versions of ISS. Maricopa
County Sheriff's Office shall install this software on all machines per FMCSA
requirements. The software will be provided by DPS.
f.
Maricopa County Sheriff's Office officers shall upload data daily via a modem. If

officers use air cards or other methods of field transmission, inspections shall be

uploaded after each inspection is completed.
g.
A printed copy of the signed inspection report shall be sent to DPS after download

has been completed. This copy must have the officer's and driver's signatures.

Reports shall be mailed to:
Commercial Vehicle Enforcement
Arizona Department of Public Safety
Mall Drop 1280
PO Box 6638
Phoenix, AZ 85005

STATE OF ARIZONA

DEPARTMENT OF PUBLIC SAFETY

MARICOPA COUNTY

_______________________________________
_____________________________________
Kenneth Hunter, Interim Director
Date
Clint Hickman, Chairman

Date

________________________________________
ATTEST:
Approved as to Form

Date

______________________________________
Clerk of the Board

Date

APPROVED AS TO FORM:

_____________________________________
Deputy County Attorney

Date

MARICOPA COUNTY SHERIFF

______________________________________
Paul Penzone, Sheriff

Date