HomeMy WebLinkAboutResolution 4052-11-2011A Resolution
NO. 4052 -12 -2011
Authorizing Retention of Whitaker, Chalk, Swindle & Schwartz, PLLC
as Outside Legal Counsel for Copyright of Environmental Education 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 education curriculum, characters and slogans, and to seek copyright protection for the
designs for the Fort Worth Police badges and the Fort Worth Human Relations Commission's film
series; and
WHEREAS, the law firm of Whitaker, Chalk, Swindle & Schwartz has expertise in the field of
copyright law and filed the original registrations for the City's environmental education trademarks.
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 copyright of certain environmental education materials, and
the designs for the Fort Worth Police badges and the Human Relations Commission's film series,
Movies that Matter.
II.
That the City be authorized to compensate Whitaker, Chalk, Swindle & Schwartz, PLLC in an amount
not to exceed $13,800, inclusive of required filing fees.
ORT WORT
Resolution No.
Adopted this 13th day of December 2011.
ATTEST:
B-j li(
onald P. Gonzales, �,)Sistant City Secretary
ORTyq.RJT
City of Fort Worth, Texas
LOG NAME: 12COPYRIGHTENVIRO OUTSIDE COUNSEL
SUBJECT:
Adopt Resolution Retaining the Law Firm of Whitaker Chalk Swindle & Schwartz PLLC, as Outside Legal
Counsel in an Amount Not to Exceed $13,800.00 Inclusive of Required Filing Fees for Legal Services
Related to the Copyright of Certain Environmental Education Materials, Designs for Fort Worth Police
Department Badges and the Logo and Designs for the Fort Worth Human Relations Commission's Film
Series, Movies That Matter (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 copyright of environmental educational materials, Fort Worth
Police Department badges, and the logo and designs for the Fort Worth Human Relations Commission's
film series, Movies that Matter; 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 $13,800.00, 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 educational materials for the
previous Department of Environmental Management. Staff from the Environmental Management's
Education Division developed numerous unique education materials. The materials are used by numerous
schools districts, other municipalities and ancillary organizations.
The City has since successfully registered the curriculum of Conquer Your Crud and Pipes to Ponds, as
well as the characters Bloomer, Otto, Captain Crud, Scrub, Cana Nana, Van Goo, and Pestie. It is
necessary to file a Declaration of Use in order to maintain the registration of these marks.
In addition to the educational materials for Environmental Management, other City departments have
invested time and resources in developing designs for which Staff recommends the City seek copyright
protection. Along with the standard Fort Worth Police Department (FWPD) badge, FWPD has developed a
centennial badge for 2012 to commemorate the 100 years the Panther badge has been worn by the
FWPD. The Human Relations Unit has also developed a logo and various other designs to promote the
Fort Worth Human Relations Commission's human rights film series, Movies that Matter. The Human
Relations Unit anticipates receiving requests from similar human rights organizations to use the film
series.
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The costs for services related to the educational materials and each design are estimated as follows:
Filing Fees
:Environmental 1$2.700.00
Management
Fort Worth Police $
Department (standard
and centennial badge)
;Human Relations Unit $
........... _ .... . _..... _ ....... .........._
Total
gal Fees
,100.00
200.00 $1,300.00
otal_
10,800.00
1,500.00
400.00 $1,100.00 $ 1,500.00
;$131800.00
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 related 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. In an effort to save costs, the City
Attorney's Office and the Office of Media and Public Affairs are exploring options to begin handling a
portion of the copyright process in- house.
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 and the General Fund.
FUND CENTERS:
TO Fund /Account /Centers FROM Fund /Account/Centers
R103 539120 0204105 $10,800.00
GG01 531200 0351000 $1,500.00
0001 538110 0121000 $1,500.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Maleshia Farmer (7647)
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