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HomeMy WebLinkAbout066041 - General - Contract - Texas Wesleyan UniversityCSC # 66041 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into by and between Texas Wesleyan University, a private institution of higher education located in Fort Worth, Texas ("University"), and the City of Fort Worth, Texas, acting by and through its Police Department ("FWPD"), collectively referred to as the "Parties." 1. PURPOSE AND AUTHORITY The purpose of this MOU is to outline the obligations and details surrounding FWPD's use of office space on University's campus to operate a police storefront to enhance public safety, strengthen community partnerships, and support collaborative crime prevention efforts. This MOU does not establish a shared policing arrangement between the Parties, and FWPD will not be performing security services on behalf of the University. Nothing in this MOU is intended to, nor shall it be construed to, expand, restrict, or modify the statutory authority or obligations of FWPD or its officers. 2. STATUS OF PERSONNEL FWPD officers assigned to or performing services at the University remain at all times employees of the City of Fort Worth and FWPD. Nothing in this MOU shall be construed to create an employment relationship, agency relationship, partnership, joint venture, or joint -employer relationship between the University and FWPD or any FWPD officer. The University shall have no authority to hire, fire, discipline, supervise, train, evaluate, or control FWPD officers. 3. JURISDICTION AND LAW -ENFORCEMENT AUTHORITY FWPD officers retain all powers, privileges, and immunities conferred upon them by Texas law. This MOU does not grant or confer any law -enforcement authority. FWPD's authority to act on University property is acknowledged as existing under applicable Texas statutes governing peace -officer jurisdiction and mutual assistance. Nothing in this MOU shall be interpreted as expanding FWPD's jurisdiction beyond that authorized by law. 4. COMMAND AND OPERATIONAL CONTROL FWPD officers shall remain at all times under the exclusive command, supervision, and control of FWPD. The University may request law -enforcement services but shall not direct or control law -enforcement tactics, investigations, arrests, or operational decisions. The Parties may designate liaisons for coordination and communication purposes only. OFFICIAL RECORD CITY SECRETARY Memorandum of Understanding — Use of Space FT. WORTH, TX Texas Wesleyan University & City of Fort Worth — FWPD Page 1 of 6 5. UNIVERSITY FACILITIES AND OFFICE SPACE The University will make available certain office space or facilities to FWPD for use as a FWPD storefront located at 1201 Wesleyan St., Fort Worth, TX 76105 STELLA RUSSELL HALL 01 as depicted on the attached Exhibit A (the "Space"). Any use of the Space shall be deemed a revocable license, not a lease or conveyance of any real -property interest. The Space shall be used solely by FWPD for: • Community policing activities, including computer work and police presence; • Public safety outreach; • Meetings with community members, students, faculty, or staff on an as needed basis; and • Administrative police functions consistent with FWPD functions (collectively, "FWPD Uses"). The Space shall not be used as a detention facility or interview location. The University reserves the right to relocate FWPD or revoke the FWPD Uses of the Space upon reasonable notice or immediately if required for safety, legal compliance, or operational necessity. The University will provide heating, air conditioning, working restrooms, and all utilities including electricity, water, and internet access. 6. FINANCIAL TERMS Unless otherwise agreed in writing, FWPD Uses shall be provided without charge to the University. Unless otherwise agreed in writing, University shall provide the Space to FWPD free of charge; provided, however, FWPD is responsible for all costs associated the FWPD Uses, including personnel costs, equipment, and operation expenses. If the Parties agree to reimbursement or payment for special events, overtime, or dedicated services, such terms shall be documented in writing and shall be subject to applicable law, authorizations, and available appropriation of funds. 7. LIABILITY, IMMUNITY, AND RESPONSIBILITY FOR ACTS Each Party shall be responsible for the acts and omissions of its own officers, employees, and agents. Nothing in this MOU shall be construed as a waiver of any governmental, sovereign, or official immunity, defense, or limitation of liability available to FWPD, the City of Fort Worth, or the University under Texas law. Memorandum of Understanding — Use of Space Texas Wesleyan University & City of Fort Worth — FWPD Page 2 of 6 8. INSURANCE FWPD represents that it maintains insurance coverage or self-insurance as required by Texas law for its operations. Nothing herein shall require FWPD to procure insurance beyond that required by law. FWPD will provide University with annual evidence of its insurance through a written confirmation of its risk financing program. 9. INFORMATION SHARING AND CONFIDENTIALITY Law enforcement records shall remain the property of FWPD and shall be maintained in accordance with the Texas Public Information Act and other applicable laws. The University's records shall be separately maintained in accordance with its own policies and practice. FWPD shall not have access to any University records without prior approval from the University. The Parties may share information as necessary to carry out this MOU, subject to applicable local, federal, and state law, including the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA) (as applicable) and the Texas Public Information Act. Each Party remains independently responsible for compliance with its respective legal obligations, including but not limited to, the University's Clery Act reporting requirements. 10. EMERGENCY AND CRITICAL INCIDENT RESPONSE The Parties agree to cooperate during emergencies and critical incidents. Law -enforcement operations shall be conducted under FWPD's command structure and in accordance with applicable incident -command protocols. The University retains authority over campus facilities, closures, and non -law -enforcement operational decisions. The University will notify FWPD of campus events that may require public safety coordination. 11. TERM AND TERMINATION This MOU shall become effective on the date of last signature and shall remain in effect for three (3) years unless earlier terminated. Either Party may terminate this MOU for convenience upon thirty (30) days' written notice to the other Party. Either Party may terminate immediately for legal non-compliance, safety concerns, or material breach. Upon termination, FWPD shall remove its personnel and property from the Space within a reasonable time, but not later than three months from the effective date of termination. Upon termination, FWPD shall return the Space to University in the same condition existing at the Memorandum of Understanding — Use of Space Texas Wesleyan University & City of Fort Worth — FWPD Page 3 of 6 commencement of its use, reasonable wear and tear excepted. FWPD shall be responsible for the cost of repairing any damage caused by FWPD. 12. DISPUTE RESOLUTION The Parties agree to attempt to resolve any disputes arising under this MOU through informal discussions between designated officials prior to pursuing any formal remedies available under law. 13. MISCELLANEOUS 13.1 Governing Law: This MOU shall be governed by the laws of the State of Texas. 13.2 No Third -Party Beneficiaries: This MOU creates no rights in third parties. 13.3 Entire Agreement: This MOU constitutes the entire understanding between the Parties regarding its subject matter. 13.4 Amendments: Any amendment must be in writing and signed by authorized representatives of both Parties. [Signature Page Follows] Memorandum of Understanding — Use of Space Texas Wesleyan University & City of Fort Worth — FWPD Page 4 of 6 IN WITNESS WHEREOF, the Parties have executed this MOU by their duly authorized representatives. Title: Vice President of Student Affairs & Dean of Students CITY OF FORT WORTH By: Valerie Washington (Oct 14, 2026 14:59:06 CDT) Assistant City Manager APPROVED BY: By: Daarab al (Oct 14, 2026 14:58:43 CDT) Fort Worth Police Department Name: David Carabajal Title: CITY OF FORT WORTH CONTRACT COMPLIANCE By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. La-5'4adz- Z2 Name: Title: LaShanda Dockery, Sr. Planner APPROVED AS TO FORM AND LEGALITY: By: MAirhaIl� t 1' 909R 14.77 -nn rfT7 Assistant City Attorney QoovvvUb fORT�.10 Od ATTEST: o o l/ �bnnva'd�' By: Jannette S. Goodall City Secretary Memorandum of Understanding — Use of Space Texas Wesleyan University & City of Fort Worth — FWPD OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 5 of 6 Exhibit "A" -r LL LANG. pp LANG. II LANG. [ LANG. LANG. II II LANG. Tro 1 � WnRK FII ■ Memorandum of Understanding — Use of Space Texas Wesleyan University & City of Fort Worth — FWPD Page 6 of 6 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: MOU between Texas Wesleyan University and FWPD Subject of the Agreement: MOU Agreement for lease space at Texas Wesleyan University M&C Approved by the Council? * Yes ❑ No EZI If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No IZI If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No IZI If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: October 14, 2026 If different from the approval date. Expiration Date: October 31, 2029 If applicable. Is a 1295 Form required? * Yes ❑ No EZI *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. NA *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No O Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.