Agreement - MOU with AZDPS CVSA 2022

MEMORANDUM OF UNDERSTANDING
BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY
(DPS) AND CITY OF GLENDALE POLICE DEPARTMENT

REGARDING COMMERCIAL VEHICLE ENFORCEMENT MATTERS

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 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 CITY OF GLENDALE POLICE DEPARTMENT 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.

CITY OF GLENDALE POLICE DEPARTMENT shall appoint one person as the contact with DPS
for all matters addressed in this document.

CITY OF GLENDALE POLICE DEPARTMENT shall at all times be acting as an independent
contractor and not as an agent or joint venturer of the State of Arizona.

CITY OF GLENDALE POLICE DEPARTMENT 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(B) 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:

CVSA North American Standard Out of Service Criteria (provided annually by DPS);

CVSA Operational Policies 4, 5, 14, and 15 available at www.CVSA.org;

CVSA decal application policies outlined in CVSA Operational Policy 5;

CVSA North American Standard inspection procedures;

CVSA and Arizona DPS Inspection Bulletins;

CVSA and Arizona DPS inspection data quality standards and uniformity standards;

CVSA inspector certification standards outlined in CVSA Operational Policy 4;

Federal Motor Carrier Safety Regulations as incorporated under Arizona Administrative Code
R17-5-201 through R17-5-209.

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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.

Giyge OF GEENDALE POLICE DEPARTMENT 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 CITY OF GLENDALE POLICE DEPARTMENT upon

request. DPS will mail them to CITY OF GLENDALE POLICE DEPARTMENT ona quarterly
basis as DPS receives them from CVSA.
CITY OF GLENDALE POLICE DEPARTMENT

At the end of each quarter,
decals to DPS or destroy unused decals, whichever is requested by DPS.
CITY OF GLENDALE POLICE DEPARTMENT

shall return unused

shall secure decals in such a way that they will

not be lost or stolen.
CITY OF GLENDALE POLICE DEPARTMENT shall notify DPS if CITY OF GLENDALE POLICE DEPARTN

no longer has Level | 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 (FMCSA) 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

CITY OF GLENDALE POLICE DEPARTMENT shall be responsible for maintaining
its own ASPEN program from the standpoint of hardware and software issues, as well as
officer training.

CITY OF GLENDALE POLICE DEPARTMENT shall designate a computer specialist

to handle the following functions:
e Maintain software and hardware to ensure compatibility with SAFER
e Resolve software and hardware problems that officers may encounter with the

program

e Set up software to make it agency-specific

« Update CITY OF GLENDALE POLICE DEPARTMENT computers with new
versions of the software and new editions of the Inspection Selection System
(ISS)

e Resolve download and data entry problems after officers submit their
inspections to SAFER

e Attend ASPEN-related training conducted by DPS
CITY OF GLENDALE POLICE DEPARTMENT shall purchase all hardware and
software necessary to run ASPEN. Hardware shall comply with minimum standards

required to run the program.
Laptops and Other Portable Devices- CITY OF GLENDALE POLICE DEPARTMENT

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.
DPS shall conduct training for CITY OF GLENDALE POLICE DEPARTMENT officers.

DPS shall, at no charge, provide CITY OF GLENDALE POLICE DEPARTMENT with

one copy of new release of ASPEN software, as well as the most current versions of ISS.
CITY OF GLENDALE POLICE DEPARTMENT shall install this software on all

machines per FMCSA requirements. The software will be provided by DPS.
CITY OF GLENDALE POLICE DEPARTMENT 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. Aprinted 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
Mail Drop 1280
PO Box 6638
Phoenix, AZ 85005
STATE OF ARIZONA STATE OF ARIZONA
DEPARTMENT OF PUBLIC SAFETY CITY OF GLENDALE POLICE DEPARTMEN

Heston Silbert, Director Signature Z 3

CHRIS BRIGGS, CHIEF OF POLICE

Date Name, Position

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Approved as to Form

Date