HomeMy WebLinkAboutResolution 4484-07-2015 A Resolution
NO. 4484-07-2015
AUTHORIZING RETENTION OF WHITAKER, CHALK, SWINDLE & SCHWARTZ, PLLC
AS OUTSIDE LEGAL COUNSEL FOR LEGAL SERVICES RELATED TO RENEWAL OF
COPYRIGHT FOR CERTAIN ENVIRONMENTAL EDUCATIONAL MATERIALS
WHEREAS,the City of Fort Worth periodically requires legal advice regarding the
copyrighting of creations and work products of the City; and
WHEREAS, a specific need has arisen to maintain the City's registration marks in the various
environmental educational curriculum, characters and slogans (collectively the "Marks"); and
WHEREAS, the law firm of Whitaker, Chalk, Swindle & Schwartz has expertise in the field of
copyright law and filed the original registrations. Whitaker Chalk currently assists the City with
docketing, filing, tracking and enforcement of the Marks.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
I.
That the engagement of Whitaker, Chalk, Swindle & Schwartz, PLLC as outside legal counsel be
confirmed pursuant to Chapter VI, Section 3, of the City Charter, in order to provide legal consultation
to the City Attorney's Office concerning the renewal of copyright for certain environmental educational
materials.
II.
That the City be authorized to compensate Whitaker, Chalk, Swindle & Schwartz, PLLC in an amount
not to exceed$5,600.00, inclusive of required filing fees.
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS: poa�40R as
Adopted this 21 day of July 2015. ICYpF°F°°°°°r j► ad
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/21/2015 - Resolution No. 4484-07-2015
DATE: Tuesday, July 21, 2015 REFERENCE NO.: **G-18505
LOG NAME: 12ENVIRONMENTALCOPYRIGHTRENEWALS
SUBJECT:
Adopt Resolution Retaining the Law Firm of Whitaker Chalk Swindle & Schwartz PLLC, as Outside Legal
Counsel in an Amount Not to Exceed $5,600.00 Inclusive of Required Filing Fees for Legal Services
Related to the Renewal of Copyright for Certain Environmental Educational Materials (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Attorney to retain the law firm of Whitaker Chalk Swindle & Schwartz PLLC, as
outside legal counsel, pursuant to Chapter VI, Section 3 of the City Charter, to provide legal consulting to
the City Attorney's Office concerning the renewal of copyright for environmental educational materials;
and
2. Adopt the attached Resolution designating in advance, as far as practicable, that the amount to be paid
to Whitaker Chalk Swindle & Schwartz PLLC, will not exceed $5,600.00, inclusive of required filing fees.
DISCUSSION:
Since 2004, the City Council has authorized the use of Whitaker Chalk Swindle & Schwartz PLLC
(Whitaker Chalk), to provide legal services concerning the copyrighting of environmental educational
materials. Staff from the Environmental Management's Education Division developed numerous unique
materials to educate the public on environmental management. The materials are used by numerous area
school districts, other municipalities and ancillary organizations.
The City has since successfully registered the curriculum of Conquer Your Crud (Captain Crud, Crud
Cruiser, Captain Crud & Cruddies, Captain Crud & Cruddies Teacher's Guide) and Pipes to Ponds, as well
as the characters Bloomer, Cana Nana, Crispy Cruddie, Juggles, Otto, Pestie, Scrappy, Scrub and Van
Goo. It is necessary to file a Declaration of Use in order to maintain the registration of these marks.
Due to the similarity in class and common ownership of the marks, the costs for services related to
renewal of copyright for the environmental educational materials and each design are estimated not to
exceed $5,600.00. The City Attorney's Office recommends engaging Charles Gunter, with the law firm of
Whitaker Chalk as outside legal counsel for his specialty in copyright law to seek copyright protection for
these materials and designs.
Since 2000, the City has made annual expenditures between approximately $1,500.00 and $12,000.00 for
legal fees and administrative costs for copyright services related to existing marks, including services for
the City's Molly Cow logo, Geographical Information System (GIS), a series of educational materials for
environmental management and the Fort Worth Herd. Whitaker Chalk currently assists the City with
docketing, filing, tracking and enforcement of these marks; however, the City Attorney's Office and the
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Office of Media and Public Affairs has begun handling a large portion of the copyright process in-house,
thereby reducing the need for significant outside legal counsel services going forward. The City Attorney
and the City Manager recommend hiring Whitaker Chalk for this purpose.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Environmental Management Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 539120 0204105 $5,600.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Maleshia B. Farmer (7887)
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