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HomeMy WebLinkAboutContract 46105 CITY SECRETAW CONTRACT WO. lqL IUS' MEMORANDUM OF UNDERSTANDING REGARDING "HENRY" BETWEEN THE CITY OF FORT WORTH AND BRANDON S. BENNETT This is an agreement and Memorandum of Understanding ("MOU") between the City of Fort Worth ("the City") acting by and through Charles W. Daniels, its duly authorized Assistant City Manager and Brandon S. Bennett (`Bennett"). I. PURPOSE & SCOPE The purpose of this MOU is to state the parties' agreement with regard to the care and feeding of a dog named "Henry," a black Labrador Retriever that is owned by the City and which is the City's Animal Care and Control Mascot, featured in print and personal appearances as the official mascot or representative of the City, and specifically the Animal Care and Control division of the Code Compliance department ("Code Compliance"). II. BACKGROUND Since opening the Hazel Harvey Peace Center for Neighborhoods, Code Compliance has looked for additional ways to educate the public on Animal Care and Control's animal adoption and animal welfare programs. In furtherance of those goals, Bennett looked for and found a suitable dog in the City's animal shelter that could be featured in Code Compliance's efforts to promote the work done at the shelter, including animal adoptions and encouraging responsible pet ownership. Bennett, in his role as Code Compliance Director, chose Henry, a black Labrador Retriever from the City's animal shelter to be the City's Animal Care and Control Mascot for promoting animal welfare and shelter adoption. When he was selected in 2011, Henry was approximately one year old and was scheduled to be euthanized, because he was sick and needed more medical treatment than the animal shelter was equipped to provide. Bennett determined that Henry had the appropriate calm temperament to serve as the City's Animal Care and Control Mascot, considering that Henry would often be in both large and small public gatherings. Once Henry had completed his medical treatment at an animal hospital, and his recovery at Bennett's home, he began his service in an official capacity for the City. He has accompanied Bennett and other Code Compliance staff to many public and employee meetings, and travels with Bennett throughout his working day, other than when Bennett is involved in formal meetings or when Bennett goes to off-site facilities where Henry's presence is not needed or could be problematic. The City has determined, and Bennett agrees, that it would be in the best interests of the City to continue to allow Henry to serve as the City's Animal Care and Control Mascot and to allow Bennett to be responsible for Henry's care and feeding, under the terms of this MOU. III. AGREEMENT OF THE PARTIES OFFICIAL RECORD CITY SECRETARY The City and Bennett agree to the following: FT.WORTH,TX 1. Ownership of Henry. The parties agree that Henry is the property of the City and that Bennett shall have certain duties, rights, and responsibilities as specified in this MOU regarding MEMORANDUM OF UNDERSTANDING REGARDING"HENRY" Page 1 of 4 the possession, care, welfare, feeding, and training of Henry as described in this MOU. The City may elect to transfer ownership of Henry to Bennett at any such time as it deems appropriate, and upon the mutual written agreement of the parties, for the sum of$200, an amount which is at or above fair market value for an adult mixed breed dog in the local market, and therefore does not constitute a gift of public funds. 2. Possession of Henry. Bennett shall have possession of Henry during the term of this MOU unless and until Bennett is no longer an employee of the City or if the City determines that it is in the interest of the City or of Henry to transfer the possession, care, feeding or training of Henry to another person, in which case Bennett agrees to cooperate in the timely transfer of possession of Henry to the person selected by the City. During the time of possession, Bennett shall have the duty to care for Henry in a humane and dignified manner, as would be exercised by a reasonable person charged with the care and custody of a pet. 3. Food and Accessories. Henry's food and accessories (collar, leash, harness, food and water bowls, chew toys and treats) will be provided by the City, at the City's expense. Bennett will submit receipts for expenses he has incurred for Henry's food and accessories, for reimbursement from the City. Nothing in this MOU prevents Bennett from donating food or accessories for Henry, with no expectation of reimbursement from the City. The selection of the brand or type of Henry's food and accessories will be made by Bennett. 4. Housing Transportation and Training. Henry's housing, transportation, and training will be provided by Bennett at no charge to the City. 5. Veterinary ure,. Veterinary care for Henry will be provided or paid for by the City (directly or through reimbursement to Bennett). Ordinary reasonable veterinary care will be provided by the veterinarian who is under contract with the City. If additional care is needed which the City's veterinarian determines he or she cannot adequately provide, Bennett will have the authority to select the veterinarian to provide treatment for Henry, and the City will pay for such veterinary care directly, or will reimburse Bennett for those expenses, not to exceed $1,500 in any calendar year, unless a higher amount is authorized in writing by the City Manager. 6. Decisions about Da t�yare. The City agrees that Bennett will have the authority to make all day-to-day decisions concerning his care, housing, feeding, and activities; usual and customary veterinary care, determining when Henry's health or age prevent him from serving as mascot, and ultimately, Henry's end-of-life care, if needed, and cremation, so long as such decisions are in Henry's best interests as would be determined by a reasonable person charged with the care and custody of a pet. 7. Work Time. The parties agree that Bennett is providing his time for Henry's care, feeding, transportation, and training as a volunteer, with no expectation of payment or other compensation for that time. The parties further agree that the services provided by Bennett in connection with Henry's care, feeding, transportation, and training are not the same type of services for which Bennett is employed to perform for the City, and are performed by Bennett as a volunteer for civic purposes. Further, such hours of service provided by Bennett, relating to Henry are in consideration of the mutual exchange of covenants herein and the off-duty MEMORANDUM OF UNDERSTANDING REGARDING"HENRY" Page 2 of 4 companionship of Henry, and will not be considered hours worked by Bennett, and no overtime or compensatory time will be recorded by Bennett or paid by the City. In no case shall any time spent with Henry at Bennett's home, during the commute from home to work, travelling, recreating, or any other non-business time be considered work time and no employment-related salary or benefits of any kind, including pension benefits, shall accrue to Bennett therefrom, and Bennett agrees to forever waive and release any right or claim to such compensation. The provisions of this paragraph are effective beginning from the time the City acquired Henry. 8. Liabilily. The City will be responsible for any property damage or personal injury which is directly caused by Henry,to the extent allowed by law. 9. Term of MOU. This term of this MOU shall be for the lifetime of Henry unless terminated earlier upon Henry's death, transfer of ownership to Bennett, or transfer of possession to another person designated by the City, or the mutual written agreement of the parties, in accordance with the provisions herein, except that the provisions of Sections 7 and 8 above shall survive the term of this MOU. IV. AMENDMENTS TO THIS MOU Any amendments to or termination of this MOU can be accomplished only written agreement of both parties, signed by authorized representatives of the parties. V. COMPLIANCE WITH LAWS Bennett shall at all times observe and comply with all federal, state, and local laws, regulations, and ordinances which in any way affect the subject matter of this MOU. VI. MISCELLANEOUS PROVISIONS Any expenditures described herein are payable subject to the appropriation of such funds by the City Council. The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this MOU and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this MOU. The provisions of this MOU are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this MOU and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this MOU shall be construed as if such invalid or unconstitutional portion had never been contained therein. MEMORANDUM OF UNDERSTANDING REGARDING"HENRY" Page 3 of 4 The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this MOU and by law. This MOU shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this MOU. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. This MOU is binding upon the parties and contains all the terms and conditions agreed to by the parties and no other agreements, oral or otherwise,to include any prior agreements, regarding the subject matter of this MOU shall have any validity or bind any of the parties hereto. The official copy of this MOU as filed with the City Secretary shall be the definitive copy in the case of any dispute as to the contents of this MOU. VII. EFFECTIVE DATE AND SIGNATURE The City and Bennett indicate their agreement with all of the terms of this MOU by their signatures below, effective on execution by the Assistant City Manager. CITY OF FORT WORTH: BRANDON S.BENNETT: glesfaniels B n S.fWhneft Assistant City Manager Date Signed: l/. O 3• /*- APPROVED AS TO FORM AND LE/G+ALITY: Arthur N.Bashor Assistant City Attorney � oo 0 tiS 0 ATTEST: *� �� OFFICIAL RECORD CITY SECRETARY ary J. Vttary er A S FT. WORTH, TX City Sec MEMORANDUM OF UNDERSTANDING REGARDING"HENRY" Page 4 of 4