ASPEN COMMERCIAL TRUCK INSPECTION.PDF

INTERGOVERNMENTAL AGREEMENTBETWEEN
THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND
MARICOPA COUNTY
By and Through
MARICOPA COUNTY SHERIFF’S OFFICE
REGARDING COMMERCIAL VEHICLE ENFORCEMENT MATTERS
This agreement is an agreement between the Arizona Department of Public Safety(“DPS”) and
Maricopa County (“County”) by and through the Maricopa County Sheriff’s Office (“MCSO”) . This
agreement supersedes all previous agreements related to these topics.
The purpose of this agreement is to establish procedures for:
1. Using Commercial Vehicle Safety Alliance (CVSA) decals.
2. Using the ASPEN software program.
Section I
I. Term: This agreement becomes effective on the last date of the signature page and will
remain in effect for five years or until MCSO disbands or suspends its commercial vehicle
enforcement program pursuant to any of the reasons stated in this Agreement.
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.
The parties may renew this agreement for an additional five-year period by written
amendment
2. Pursuant to A.R.S. §38-511, a party may cancel this Agreement without penalty or further
obligation within three years after execution of the contract, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the contract on behalf of
that party is at any time while the Agreement or any extension of the Agreement is in
effect, an employee or agent of any other party to the Agreement in any capacity or
consultant to any other party of the Agreement with respect to the subject matter of the
Agreement. Additionally, pursuant to A.R.S § 38-511 the party cancelling this Agreement
may recoup any fee or commission paid or due to any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on its behalf from any
other party to the contract arising as the result of the Agreement.
3. The continuation of this Agreement beyond the initial fiscal year is dependent on and
subject to the appropriation and availability of funding for each Party in each
subsequent fiscal year. If sufficient funding is not made available to allow a Party
to continue meeting its contractual obligations under this Agreement, that Party shall so
notify the other Parties and the notifying Party may cancel this Agreement and have no
further obligation to the other Parties. In the alternative, the Parties may, by mutual
written agreement, modify this Agreement to reduce the level of compensation, services
or other consideration provided. The Parties may amend, suspend, decrease, or
terminate its obligations under, or in connection with, this Agreement. The Parties shall
give written notice of the effective date of any suspension, amendment, or termination
under this Section, at least ten (10) days in advance.
4. MCSO shall appoint one person as the contact with DPS for all matters addressed in this
document.
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5. Except as provided in this Agreement, employees of one Party shall not be deemed
employees of the other Parties, and the employing Party shall be responsible for all
wages, withholding and payment of employment taxes, and the provision of all employee
benefits, if any offered by the employer to the employee.
6. MCSO shall not assign or transfer any of its duties under this agreement.
7. Neither party shall charge the other for any administrative fees for work performed
pursuant to this agreement.
8. To the extent required by A.R.S. §§12-1518(B) and 12-133, the parties shall resolve any
dispute arising out of this agreement by arbitration.
9. 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.
Section II
1. Using CVSA Decals
CVSA is an association of state/provincial/territory, federal and commercial vehicle
industry officials. CVSA is responsible for setting enforcement standards in the United
States, Canada and Mexico to improve commercial vehicle safety.
DPS is a member of CVSA.
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.
MCSO shall follow all current procedures for affixing decals as documented in the CVSA
Operations Manual, Section 5 available at www.cvsa.org. A copy is attached hereto.
DPS shall provide the decals at no cost to MCSO upon request. DPS will mail them to
MCSO on a quarterly basis as DPS receives them from CVSA.
At the end of each quarter, MCSO shall return unused decals to DPS or destroy unused
decals, whichever is requested by DPS.
MCSO shall secure decals in such a way that they will not be lost or stolen.
MCSO shall notify DPS if the MCSO 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 downloaded 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 (FMCSA)
Motor Carrier Management Information System (MCMIS).
The following are basic principles of this program:
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 DPS is the lead agency for collecting, storing and 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
 MCSO shall be responsible for maintaining its own ASPEN program from the
standpoint of hardware and software issues, as well as officer training.
a) MCSO shall designate a computer specialist to handle the following functions:
 Maintain software and hardware to keep it compatible with SAFER
 Resolve software and hardware problems that officers may encounter with the
program
 Set up software to make it agency-specific
 Update MCSO computers with new versions of the software and new editions of
the Inspection Selection System (ISS)
 Resolve download and data entry problems after officers submit their inspections
to SAFER
 Attend ASPEN-related training conducted by DPS
MCSO shall purchase all hardware and software necessary to run ASPEN. Hardware shall
comply with minimum standards required to run the program. Any property furnished or
purchased for the purposes of performing pursuant to the terms of this agreement shall be
utilized, maintained, repaired, and accounted for in accordance with instructions furnished by the
County, and title to all such property shall revert to the County upon the expiration or termination
of this agreement, unless the County determines otherwise. The costs to repair such property are
the responsibility of MCSO.
b) Laptops and Other Portable Devices - MCSO shall utilize full disk encryption (FDE) to
encrypt all data on a disk, including the partition tables, whole physical disk, master
boot record, and available files.
c) DPS shall conduct training for MCSO officers.
d) DPS shall, at no charge, provide MCSO with one copy of new releases of ASPEN
software, as well as the most current versions of ISS. MCSO shall install this
software on all machines per FMCSA requirements, which will be provided by DPS.
e) MCSO officers shall download data daily via modem. If officers use air cards or other
methods of field transmission, inspections shall be downloaded after each inspection
is completed.
f) 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:
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Commercial Vehicle Enforcement
Arizona Department of Public Safety
Mail Drop 1240
PO Box 6638
Phoenix, AZ 85005
STATE OF ARIZONA MARICOPA COUNTY
BOARD OF SUPERVISORS
____________________________ ___________________________
Frank L Milstead, Director Clint Hickman, Chairman
____________________________ ___________________________
Date Date
ATTEST:
___________________________
Fran McCarroll Date
Clerk of the Board
The undersigned Counsel:
Approved as to Form Approved as to Form
_______________________________ ______________________________
Attorney Deputy County Attorney
_______________________________ _______________________________
Date Date
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