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CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF FORT WORTH AND SUSAN ALLEN KLINE
This Professional Services Contract ("Contract") is made and enteied into on this the l��
day of �(j..�'� , 2013, ("Effective Date") by and between the City of Fort Worth, Te�as, a
home-rule municipal corporarion of the State of Texas ("City"), acting by and through Susan Alanis,
its duly authorized Assistant City Manager, and Susan Allen Kline ("Consultant"), a natural person
and Texas Historic Preservarion Consultant. "City" means and includes City of Fort Worth, Texas
and its officers, representarives, agents, servants, and employees. "Consultant" means and includes
Susan Allen Kline and her heiYs, executors, administrators, legal representarives, successors, agents,
contractois, and assigns.
W�IER _F_.�1S, City wishes to engage the Consultant to perform extensive research and
prepare a manuscript on the history of the Citp of Fort Worth Parks and Community Services
Department fox possible publication and the work is provisionally entitled, "History of Fort Worth
Parks" and more fully described in Ezhibit A(the "Coininissioned Work"), upon the terms and
condirions set forth hetein.
In considerarion of the promises and of the mutual covenants contained herein, City and
Consultant hereby agree as follows:
1.
Preparation of Commissioned Work
1.1 Consultant agrees to research and write one book ar manusc�pt on the history of
the City of Fort Worth Parks and Community Services Department. Consultant shall research and
�vrite the Coininissioned Work and �vill deliver it to the City in accordance �uith the schedule stated
in Exhibit B, which is attached hereto and incorporated hexein for all purposes.
1.2 The Coininissioned Work delivered by the Consultant `vill be in a form and content
sarisfactory to the City. Consultant will consult City sufficientlp in advance of all delivery dates
regarding style, format, content, and other delivery requirements to ensure that the Cominissioned
Work, when delivered, will meet City's specifications. Consultant will adhere to any further
xeasonable schedule and process requirements established by City for the submission, edito�al
revie�v, and revision by Consultant of the Coininissioned Work, and preliminary, draft, and page
proof versions of the Con�missioned Work. Consultant will make any additions to, delerions from,
alterations of or revisions to the Coininissioned Work (the "Revisions") that the City deterinines are
necessaiy to render the Cointnissioned Work satisfactory to the City. If the Consultant is unwilling
or unable to make the Revisions on the schedule required by the City for any reason, then City may
make such Revisions itself or have another person make such Revisions. In no event shall City be
obligated to publish or other�uise e�ploit the Coinmissioned Work.
1.3 Simultaneously with the delivery of the Cointnissioned Work to City, Consultant will
prepare and deliver in publicarion-ready format to City all supporting and additional materials
necessary to the publication, display, and performance of the Coirunissioned Work in appropriate
media. Without limitation, simultaneous with the delivery of the teYt ��ork, Consultant will prepare
and provide appropriately sized and formatted figures, illustrarions, charts, indices, glossaries,
Contract for Professional Services Susan Kline
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bibliographic references, and similar materials. City may exploit, modify, replace, or Yefuse to exploit
such additional matei�al at its sole discretion.
1.4 Upon delivery of the Coininissioned Worl�, Consultant agrees to inform the City of
any material created or controlled by others that Consultant has incoxporated into the
Cointnissioned Work. Consultant will obtain, at its own expense and deliver to the City, within one
(1) month of delivery of the Cointnissioned Work, written permission to reproduce, distribute,
create derivative works based upon, and publish such material in any medium or format.
2.
Compensation; Payment Schedule
2.1 City shall pay the Consultant an amount not to exceed SIXTEEN THOUSAND
FIVE HUNDRED DOLLARS AND NO CENTS ($16,500.00� in accordance with the
payment schedule in Exhibit B, which shall constitute full compensation fox all services to be
performed and materials to be furnished by Consultant under this Contract, except that the City
will reimburse Consultant fox actual cost of out-of-pocket e�enses for reproduction costs for
photographs and other images for use in any final publicarion.
2.2 City agrees to pay Consultant in the installinents set forth in Exhibit B, each
installment to represent full and final, non-refundable payment for all services and material
provided prior to the due date thereof. City shall make each installment payment within thirty (30)
calendar days after acceptance, receipt, and approval by City of the Yespecrive Conu7ussioned Work
product and any invoices or progress reports required and set forth in Exhibit B.
2.3 It is understood that this Contract contemplates the provision of full and complete
consulting services foY this project as outlined in this Contract for the fee described in Section 2.1.
However, should the City desire additional services not included in this Contract, the Consultant
shall be compensated at an hourly rate of $50.00 per hour for an amount not to exceed $1,500.00.
3.
Delivery of Complimentary Copies
3.1 If City publishes the Cotninissioned Work, the Citp will deliver to Consultant two (2)
free copies of the Coinmissioned Work for Consultant's personal use or for display to third parties
only in connection with Consultant's resutne and cur�culum vitae for the purpose of establishing
Consultant's prior professional e.�perience and skills. Consultant may purchase addirional copies,
not for resale at the suggested Yetail price.
3.2 City, upon request of the Consultant and subject to any documentarion the City may
require, shall pxovide addirional final copies of the Coininissioned Work to the Consultant if such
copies are needed by Consultant to fulfill the terms of any agreement she may have with the
owner(s) of images or materials used in the Comtnissioned Work. This Section 3.2 shall be
construed solely as a courtesy to the Consultant and nothing contained herein shall be interpreted so
as to bind the City to any terms and condirions of Consultant's third-party contracts.
Contract for Professional Services Susan Kline 2 of 14
4.
Credit and Notices
4.1 If the Cointnissioned Work is published, the follo�ving credit lines and norices will
appear at the teadirional locarion for such credit and norices in sirivlar published works: Susan Allen
Kline and the Fort Worth Parks and Community Services Department
5.
Term and Termination
5.1 Term. Unless terminated earlier pursuant to the terms of this Contract, this
Contract shall be effective from the Effecrive Date and shall extend until final payment has been
made to Consultant pursuant to the terms of this Contract.
52 Terniinarion for Convenience.
5.2.1 The City may terminate this Contract for its convenience upon ten (10) days
written notice to Consultant. Upon receipt of such norice, Consultant shall
iinmediately discontinue all services and work and the placing of all orders or
the entering into contracts for all supplies, assistance, faciliries and materials
in connecrion with the performance of this Contract and shall proceed to
cancel prompdy all e�sting contracts insofar as they are chargeable to this
Contract If the City terminates this Contract under this Section 5.2, the City
shall pay Consultant for services actually performed in accordance herewith
prior to such termination, less such payments as have been pxeviously made,
in accordance with a final statement submitted by Consultant documenting
the performance of such work. (See also Exhibit B).
5.2.2 Consultant may, for any reason, terminate this contract upon thirty (30) days
written norice to the City. Consultant will pxovide the City with copies of all
completed or partiallp completed documents prepared under this Contract
on or before the effecrive date of terinitiation. All rights to the
Comtnissioned Work, including, but not limited to, all intellectual property
rights, shall become the sole property of the City; consultant shall retain no
rights, including, but not limited to, intellectual property rights, in the
Corru�zissioned Work produced under this Contract.
53 Termination for Cause. The City may termiriate this Contract for cause in the event
Consultant fails to perform in accordance with the requirements contained herein. In such event,
City shall give Consultant written notice of Consultant's failuYe to perform, giving Consultant
fourteen (14) calendar days to come into compliance with the Contract requirements. If Consultant
fails to come into compliance with this Contract, City shall notify Consultant, in writing, and this
Contract shall be terininated as of the date of such notification. In such event, Consultant shall not
be entitled to any compensation and shall repay all sums paid to Consultant pursuant to this
Contract as full sarisfaction and discharge of all of City's obligations and liabilities under this
Contract. Any repayment must be made within thirty (30) days after written request by the City.
5.4 Death ox Inca�acit� of Consultant. In the event of Consultant's death or Consultant
Contract for Professional Services Susan Kline 3 of 14
becoming phpsically or legally incapacitated during the term of this Contract, City shall have the
�ght to terininate this Contract on payment to Consultant oY Consultant's successoYs for all work
and services performed prioY to death or incapacity. All Cominissioned Work produced by
Consultant up to the effecrive date of termitiarion shall become property of City. In the event of
teimination under this secrion, City shall have the right to complete the Comtnissioned Work, if
feasible. Due regard shall be made for Consultant's intended results and proper credit and
acknowledgement shall be given to Consultant. This pYovision shall survive the ternzinarion or
expiration of this Contract.
5.5 Fiscal Funding Out. In the event no funds or insufficient funds are appropriated
and budgeted by the City in any fiscal pei7od foi any payments due hereunder, City will notify
Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period
for which appropriarions were made without penalty or expense to City of any kind whatsoeveY,
except as to the portions of the papments herein agreed upon for which funds shall have been
appropriated and budgeted. City has informed Consultant that, concurrently with approval of this
Contract, City will appropriate and budget 100% of the funds specified in this Contract, so that all
funds will be appropriated and budgeted prior to the commencement date of this Contract. This
norificarion shall not otherwise abrogate the City's right to tertninate for non-appropriarion of funds
or to make payment in accordance with Section 2 herein.
5.6 Upon tern-unation of this Contract for any reason, Consultant shall pYovide the City
with copies of all completed or partially completed documents prepared under this ContYact within
thirty (30) days after the effective date of terinitiarion. All rights to the CoinLnissioned Work,
including, but not limited to, all intellectual property rights, shall become the sole property of the
City; Consultant shall retain no rights, including, but not limited to, intellectual property rights, in
the Coinmissioned Work produced undeY this Contract.
6.
Ownership and Intellectual Property
6.1 City shall own all right, ritle, and interest in the Coininissioned Work throughout the
world. Further, City shall be the sole and exclusive owner of all copyright, patent, tzademark, trade
secYet and other proprietary rights in and to the Coinmissioned Work. Ownership of the
Coxntnissioned Work shall inure to the benefit of the City from the date of conceprion, crearion or
ftxarion of the Cointnissioned Work in a tangible medium of expression (whichever occurs fitst).
Each copyrightable aspect of the Commissioned Work shall be considered a"��ork-made-for-hire"
within the meaning of the Copyright Act of 1976, as amended, and City will be considered the
author of the Cotiunissioned Woxk, with all rights appurtenant thereto. If, and to the extent such
Coiriinissioned Work, or any part thereof, is not considered a"work-made-for-hire" within the
meaning of the Copyright Act of 1976, as amended, Consultant hereby expressly assigns, sells, and
tiansfers, and to the extent any such assigilinent, sale, or transfer cannot be made at the present time
to City, agrees to assign, sale, and transfex, all exclusive right, title and interest in and to the
Comtrussioned Work, and all copies thereof, and in and to the copyright, patent, trademark, trade
secret, and all other prop�etary rights therein, that the City map have or obtain, without further
consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of
the City. Consultant shall have no copyright or other intellectual property interest in the
Cominissioned Work.
Contract for Professional Services Susan Kline 4 of 14
6.2 Consultant hereby acknowledges the rights of attribution and integrity conferred by
Section 106A(a) of Title 17 of the U.S. Code, (as amended or as it may be amended in the futuYe)
Titled "Visual Arrists Rights Act," and any other right of the same natuse granted by U.S. federal,
state, ox foreign laws, and of Consultant's own free act hereby waives such rights with respect to any
and all uses of the Coininissioned Work by City pursuant to this Contract.
6.3 At City's request, and at Consultant's expense, Consultant will provide all
cooperation requested by City in any effort by City to establish, perfect, or defend its rights in and to
the Cointnissioned Work, including, without limitarion, the execution of assignments, releases, or
other documentation, and the provision of good faith testimony by declaration, bp affidavit, and in-
person.
6.4 City will have the sole and exclusive right tivuoughout the world in all languages and
in perpetuity to exploit the Coinmissioned Work in any manner.
6.5 To the extent that the City intends to reproduce images from the Coizunissioned
Work in any other work not associated or related to the Colnmissioned Work, then City is
responsible for securing such permissions.
7.
Repxesentations and Warranties
7.1 Consultant represents and warrants to City that: (i) it has full powex and authority to
enter into this Contract; (ii) in perfortnitig this Contract, Consultant will not violate the terms of any
agreement between it and any third party; and (ui) the Cornmissioned Work will be the Consultant's
original work, has not been published before, is not in the public domain, will not infringe any
statutory or common-law copyright, will not contain matter that is libelous, obscene, or otherwise
unlawful, will not violate any right of privacy or publicity, or otherwise violate anp law or any
person's personal or property rights, and will not contain any recipe, formula or instructions that is
injLu�ous to the user.
8.
Non-Interfexence
8.1 Consultant agrees that so long as City or any licensee of City has copyright in the
Coinnussioned Work, Consultant will not, ��ithout prior written consent of City, write, print, or
publish or cause to be written, printed, or published, or assist or parricipate in the writing, printing,
or publication of, any other edirion of the Coininissioned Work in a Yevised, cortected, enlarged, or
abi7dged form, or produce any work of such sinvlar character to the Coininissioned Work that it will
tend to interfere with or injure the sale ar other exploitarion of the Coininissioned Work.
9.
LIABILITY, INDEMNIFICATION, AND RELEASE
9.1 GENERAL INDEMNIFICATION. CONSULTANT COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND
DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL
CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS,
Contract for Professional 5ervices Susan Kline 5 of 14
LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,
DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING,
BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST
PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING,
BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM
FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING
FROM ANY ACTS, ERRORS, OR OMISSIONS OF CONSULTANT AND/OR
CONSULTANT'S CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS,
EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFOIi:MANCE, OR NONPERFOIi;MANCE OF THIS CONTRACT, EXCEPT THAT
THE INDEMIVITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE GROSS NEGLIGENCE OF THE
CI'I'Y.
92 INTELLECTUAL PROPERTY INDEMNIFICATION. Consultant agrees to
assume full responsibility for complying with all State and Federal Intellectual Property Laws and
any other regulations, including, but not limited to, the assumption of any and all responsibiliries foY
paying royalties that are due for the use of other third-partp intellectual property works by
Consultant. City expressly assumes no obligations, implied or otherwise, regarding payment or
collecrion of any such fees or financial obligarions. City specifically does not authorize, permit, or
condone the repYoduction or use of any intellectual property by Consultant without the appropriate
licenses or permission being secured by Consultant in advance. IT IS FURTHER AGREED
THAT CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD
IIARMLESS CIT'Y FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION,
INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY
MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE
BRAND BY REASON OF AN ALLEGED OR ACTUAL INTELLECTUAL PROPERTY
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR
ORIGINALITY, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAI'H SHALL NOT APPLY TO 1�NY LIABILITY RESULTING FROM THE
SOLE GROSS NEGLIGENCE OF THE CI1"Y. City expressly assumes no obligation to re�riew
or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Consultant.
9.3 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST THE CITY IN CONNECTION WITH 1�NY SUCH LIABILITY OR CLAIM,
CONSULTANT, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDING, AT CONSULTANT'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CIT'Y.
9.4 Consultant shall require all of its subcontractoYs to include in their subcontracts a
release and indemnity in favor of City in substanrially the same form as abo�Te.
Contract for Professional Services Susan Kline 6 of 14
9.5 In addirion to the indemnification requirement above, Consultant hereby releases the
City from any liability for injury or property damage incurred during or after this Contract, unless
such injury or property damage was the result of intentional misconduct coizzinitted by an employee
of the City. Consultant shall not permit any employee, officex, and agents of the Consultant or any
employees, officers or agents of any subcontractor to perform any activity under this Contract
without first e�ecuting a release containing such provisions.
9.6 This section shall survive the expiration or terininarion of this Contract.
10.
Independent Contractor
10.1 Consultant shall perform all work and services hereunder as an independent
contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive
control of, and the exclusive right to control, the details of the work performed hexeunder and all
persons performitig same and shall be solely responsible for the acts and omissions of its officers,
agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership
o� joint venture between the City and the Consultant, its officexs, agents, employees and
subcontractors; and the doctrine of respondeat superior shall have no application as between the
Citp and the Consultant. It is further understood that the City shall in no way be considered a Co-
employer or a Joint employer of Consultant, or any officers, agents, servants, employees or
subcontractors of Consultant. Neither Consultant, no� any of its officers, agents, servants,
employees oY subcontractors shall be entitled to any employment benefits from the City. Consultant
shall be responsible and liable fox anp and all payment and reporting of taxes on behalf of itself, its
officers, agents, servants, employees or subcontractors.
11.
Disclosure of Conflicts; Confidentiality
11.1 Consultant warrants to the City that it has made full disclosw�e in writing of any
e�sting or potenrial conflicts of interest related to the services to be pexformed hereunder.
Consultant furthex warrants that it will make prompt disclosure in writing of any conflicts of interest
that develop subsequent to the signing of this Contract.
11.2 Consultant further agrees that it shall treat all inforrnation provided to it by the City
as confidential and shall not disclose any such information to a third party without the p�or written
approval of the City. Consultant shall store and maintain City informarion in a secure manner and
shall not allow unauthorized users to access, modify, delete or otherwise corrupt City informarion in
any way. Consultant shall notify the City immediately if the security or integritp of any City
informarion has been compromised or is believed to have been compromised.
12.
Right to Audit
12.1 Consultant agrees that the City shall, until the expiration of three (3) pears after final
payment under this Contract, have access to and the right to examine any directly pertinent books,
documents, papexs and records of the Consultant involving transactions relating to this Contract at
no additional cost to the City. Consultant agrees that the City shall have access during normal
Contract for Professional Services Susan Kline 7 of 14
working hours to all necessary Consultant facilities and shall be pYovided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this secrion. The City
shall give Consultant Yeasonable advance notice of intended audits.
12.2 Consultant further agrees to include in all its subcontractor agreements hereunder a
pYovision to the effect that the subcontsactor agrees that the City shall, until the expiration of three
(3) years afte� final payment under the subcontract, have access to and the right to examine any
direcdy pertinent books, documents, papers and records of such subcontractor involving
transacrions to the subcontract at no additional cost to the City, and further that City shall have
access during normal working houts to all subcontractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give subcontractor reasonable advance notice of intended audits.
13.
Prohibition of Assignment
13.1 Neither party heYeto shall assign, sublet or transfer its intexest herein without the
prior written consent of the other party, and anp attempted assigntnent, sublease or transfer of all or
any part hereof without such prior w�tten consent shall be void.
14.
Notices
14.1 Notices required pursuant to the provisions of this Contract shall be conclusively
deterinined to have been delivered when (1) hand-delivered to the other party, its agents, employees,
servants or representarives, (2) delivered by facsimile with electronic confiYmarion of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
TO THE CITY:
City of Fort Worth
Attn: Wil Johnson
4200 South Freeway, Suite 2200
Fort Worth, TY 76115
Fax: 817.392.5736
TO CONSULTANT:
Susan Allen Kline
2421 Shirley Avenue
Fort Worth, TX 76109
sskline@sbcglobal.net
Copy to:
City of Fort Worth
Office of the City Attorney
Attn: City Attomey
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Contract for Professional Services Susan Kline 8 of 14
15.
Nondiscrimination
15.1 As a condition of this Contract, Consultant covenants that it will take all necessary
acrions to ensure that, in connecrion with any work under this Contract, Consultant will not
discruninate in the treatment or employment of any individual or groups of individuals on the
grounds of race, color, religion, national origin, age, sex, physical handicap or any other group
protected by law unrelated to job performance, either direcdy, indirectly or through contractual or
other arrangements.
1G.
Severability
16.1 If any provision of this Contract is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the Yemaining provisions shall not in any way be affected or
impaired.
17
Force Majeure
17.1 The City and Consultant shall exercise their best efforts to meet their respecrive
duties and obligations as set forth in this Contract, but shall not be held liable foY any delay or
omission in performance due to force majeure or other causes beyond their reasonable control
(force majeure), including, but not limited to, compliance with any government law, ordinance or
regularion, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, waxs, riots,
material or labor Yestricrions by any governmental authority, transportarion problems and/or any
other siinilar causes.
18.
Choice of Law; Venue
18.1 This contract shall be governed by and construed in accordance with the interrial law
of the State of Tesas.
18.2 Should any action, whether real oY asserted, at law or in equity, arise out of the terms
of this Contract, venue for said acrion shall be exclusively in the District or Federal Courts in Fort
Worth, Tarrant County, Texas.
19.
Entirety of Contract
19.1 This Contract contains the entire understanding and agreement between the City and
Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral oY written agreement is hereby declared null and void to the extent in conflict
with any provision of this Contract.
Contract for Professional Services Susan Kline 9 of 14
20.
Compliance with Laws, Ordinances, Rules, and Regulations
20.1 Consultant agrees to comply with all federal, state and local laws, ordinances, rules
and xegulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or
regulations, Consultant shall it��tnediately desist fYom and correct the violation.
21.
Licenses and Permits
21.1 Consultant shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for it to carry out its duries and obligations hereunder.
22.
Governmental Powers
22.1 It is understood and agreed that by execution of this Contract, the City does not
waive or surrender any of its governmental powers.
23.
No Waiver
23.1 The failure of the City or Consultant to insist upon the performance of any term or
provision of this Contract or to exercise any right granted herein shall not constitute a waiver of the
City's or Consultant's respecrive right to insist upon appropriate performance or to assert any such
right on anp future occasion.
24.
Headings Not Controlling
24.1 Headings and ritles used in this Contract are for reference purposes only and shall
not be deemed a part of this Contract.
25.
Name and Likeness
25.1 City may use Consultant's name, likeness, biographical information, and othet
recognizable features on or in anp work that publishes the Coininissioned Work or any portion or
derivarive thereof, and in connecrion with the advertising, promorion and sale of the Coininissioned
Work or a porrion or derivative thereof, whether the Cointnissioned Work is sold separately ox in
combinarion with other works.
26.
Survival Provision
26.1 The provisions contained in Secrions 6, 7, 8, 9, 10, 12, and 25 shall survive the
termination or e�piration of this Contract.
Contract for Professional Services Susan Kline 10 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the Effective Date.
CITY OF FORT WORTH:
By:
usa Alanis
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APPROVED AS TO FORM AND LEGALITY:
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By. � �'�/
Tyler�':'Wallach
Assistant City Attorney
NO M&C REQUIRED
SUSAN ALLEN KLINE
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Contract for Professional Services Susan Kline
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EXHIBIT A
DESCRIPTION OF COMMISSIONED WORK
"Commissioned Work" means the manuscript and/or book, illustrations, and other work product
and rights therein and thereto set forth and described below or that may be added in the future and
includes: (i) all Yevisions, modifications, translations, adaptations, and derivarive works based upon
the description below; (u) all documentarion, digital files, drafts, sketches, notes, plans, treatments,
mock-ups, story boards, negatives, and other developmental materials created in connection with the
development of the work; and (iu) all characteYs, concepts, ideas, stories, facts, or informarion
contained in the works described in this Contract.
1. Manuscri�t or Book: The manuscript (which PACS plans to develop into a book) ��ill exploxe the
history of Fort Worth Parks from 1892 to 2009, from the citp's first purchase of parkland to the
centennial of the formation of the park department. The history will discuss the political, economic
and social forces that came together in 1908-1909 foY the formarion of the park department and in
1922 for the crearion of a separate recrearion department and how these forces shaped the
development of the department(s) through significant pe�ods of history (the Great Depression,
Post-World Wa� II Growth, Desegregarion, etc). It will also exainine why these t��o departments
were merged in 1964. The manuscript will explore the personalities who shaped the park and
recreation departments as well as significant individuals whose names were given to park and
recreation faciliries. Brief histories will be given for selected parks and recrearional facilities.
Estimated chaptexs are ten. Estiinated word length is 150,000 to 200,000. The proposed chapters
and content of each will be as follows and shall be subject to change following review and input
from the City throughout this project:
i. CIIAI'TER 1: EARLY HISTORY: Examines the development of a public park
system in Fort Worth, the formarion of the Park League, the KessleY Plan and the formarion
of a separate board within the municipal government to oveYsee the Park Department.
(1873-1909)
ii. CHAI'TER 2: THE KESSLER YEARS: IMPLEMENTATION OF THE
KESSLER PLAN AND ACQUISITION OF EARLY PARKS: Examines the Park
Department's successes and shortcomings in implementing the Kessler Plan and the
expansion of the park system between the years 1909 and 1924.
iii. CHAPTER 3: RECREATION FOR A CITY: Explores the social and political
factors that led to the development of a separate Recreation Board and Recrearion
Department in 1922 and provides a general historp of the department from 1922 to its
reunification with the Park Department in 1964.
iv. CHAPTER 4: THE HARE AND HARE YEARS: Explores the significance of
the hiring of the landscape architecture firm Hare and Hare of Kansas City, Missouri as the
city's primaiy park consultant in 1925 and the effect of the firm's 1930 park master plan on
the development of the park system. It �vill include a discussion of park improvements and
park acquisirion, with a particular focus on the impact of New Deal-era funding (i.e.
development of the Fort Worth Botanic Garden, CCC improvements at Lake Worth, the
school ground landscaping program, construcrion of shelters and landscape impYovements
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throughout the park system). It will also explore the Yelarionship of the post-World War II
growth and the crearion of a new master plan in 1957.
v. CHAI'TER 5: ZOOLOGY: Studies the crearion of a public zoo in 1909 and its
development, including the formarion of the predecessor to the Fort Worth Zoological
Association in 1939, up through the creation of the 1986 master plan.
vi. CHAI'TER 6: REUNIFICATION AND NEW PARTNERSHIPS: Discusses
the forces that led to the reunificarion of the park and recrearion department in 1964 and the
economic, social, and polirical influences that led to the pracrice of partnering with
individuals, organizations, and other governmental agencies to provide new parks,
recrearional facilities, and pxograms to meet the changing needs of the public (i.e.,
development and creation of the Fort Worth Nature Center, Log Cabin Village, the Water
Gardens, Heritage Park, Tandp Hills Park and Nature Area; the transfer of the operation of
the zoo to the Fort Worth Zoological Associarion; the addition of Community Services
within the department, etc.), the creation of a new department master plan in 1998, and
other significant events through 2009.
vii. CIIAPTER 7: COUNCIL AND BOARD: The political, economic, and social
influence of the City Council (or Corntnission as the case may be) and the respective park
and recreation department boards on the history of the department(s).
viii. CHAPTER 8: PARK AND RECREATION FACILITIES: Brief histories of
selected parks and recreation/community centers.
�. CHAPTER 9: PARK PEOPLE: Brief histories of people who have had an impact
on the development and operarion of the park and recreation departments/PACS.
x. APPENDIX 1: PARK AND RECREATIONAL FACILITIES NO LONGER
IN EXISTENCE: Will include a brief description of each.
xi. APPENDIX 2: LIST OF BOARD MEMBERS AND DIRECTORS OF THE
PARK AND RECREATION DEPARTMENT/PACS
xii. APPENDIX 3: TIMELINE OF SIGNIFICANT EVENTS
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EXHIBIT B
SCHEDULE FOR DELIVERY AND PAYMENT SCHEDULE
Invoices and progress reports must be submitted by the 10`'' of the month following each deadline.
All deadlines may be extended by mutual written agreement of the parties.
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