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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 entered into on this the I��
day of M��..r� , 2013, ("Effective Date") by and between the City of Fort Worth, Texas, a
home-rule municipal corporation of the State of Texas ("City"), acting by and through Susan Alanis,
its duly authorized Assistant City Managet, 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, representatives, agents, servants, and employees. "Consultant" means and includes
Susan Allen Kline and her heirs, executors, administrators, legal representatives, successors, agents,
contractors, and assigns.
WHEREAS, City wishes to engage the Consultant to perform extensive Yesearch and
prepare a manuscript on the history of the City of Fort Worth Parks and Community Services
Department for possible publication and the work is provisionally enritled, "History of Fort Worth
Parks" and more fully described in Exhibit A(the "Coininissioned Work"), upon the terms and
conditions set forth herein.
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 or manuscript on the history of
the City of Fort Worth Parks and Community Services Department. Consultant shall research and
�vrite the Coininissioned Work and will deliveY it to the City in accordance with the schedule stated
in Exhibit B, which is attached hereto and incorporated herein for all purposes.
1.2 The Cointnissioned Work delivered by the Consultant `vill be in a form and content
sarisfactory to the City. Consultant will consult City sufficiently 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 specificarions. Consultant will adhere to any further
reasonable schedule and process requirements established by City for the submission, editorial
revie�v, and revision by Consultant of the Coininissioned Work, and preliminary, draft, and page
proof versions of the Cominissioned Work. Consultant will make any addirions to, delerions from,
alterations of or revisions to the Coini7ussioned Work (the "Revisions") that the City determines are
necessaiy to render the Coinmissioned Work sarisfactory 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 Re�risions itself or have another person make such Revisions. In no event shall Cit�� be
obligated to publish or other��ise esploit the Cointnissioned Work.
1.3 Simultaneously with the delivery of the Coininissioned Work to City, Consultant will
prepare and deliver in publication-ready format to City all supporring and addirional materials
necessary to the publicarion, display, and performance of the Coinmissioned Work in appropriate
media. Without limitation, simultaneous with the delivery of the test work, Consultant �vill prepare
and provide appropriately sized and formatted figures, illustrations, charts, indices, glossaries,
Contract for Professional Services Susan Kline
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bibliographic references, and similar materials. City may exploit, modify, replace, or refuse to exploit
such additional material at its sole discrerion.
1.4 Upon deliveiy of the Commissioned Work, Consultant agrees to inform the City of
any material created or controlled by others that Consultant has incorporated 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, wi7tten 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 compensarion for all services to be
peiformed and materials to be furnished by Consultant under this Contract, except that the City
will reimburse Consultant for actual cost of out-of-pocket expenses for reproduction costs for
photogiaphs and other images for use in any final publication.
2.2 City agrees to pay Consultant in the installments set forth in Exhibit B, each
installment to represent full and final, non-xefundable payment for all services and material
provided prior to the due date thereo£ City shall make each installment payment within thirty (30)
calendar days after acceptance, receipt, and approval by City of the respective Commissioned Work
product and any invoices or progxess reports required and set forth in Exhibit B.
2.3 It is understood that this Contract contemplates the provision of fuil and complete
consulring services for this project as outlined in this Contiact for the fee described in Secrion 2.1.
However, should the City desire addirional 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 Complimentaxy Copies
3.1 If City publishes the Comtnissioned Work, the City will deliver to Consultant two (2)
free copies of the Coiiunissioned Work for Consultant's personal use or for display to third parties
only in connecrion �vith Consultant's resume and curriculum vitae for the purpose of establishing
Consultant's prior professional experience and skills. Consultant may purchase additional copies,
not for resale at the suggested retail price.
3.2 City, upon request of the Consultant and subject to any documentation the City may
require, shall provide additional fmal copies of the Coinrnissioned Work to the Consultant if such
copies are needed by Consultant to fulfill the terms of any agreement she may have �uith the
owner(s) of images or materials used in the Coininissioned Work. This Section 3.2 shall be
consts_�ued solely as a courtesy to the Consultant and nothing contained herein shall be interpreted so
as to bind the City to any terms and conditions of Consultant's third-party contracts.
Contract for Professional Services Susan Kline 2 of 14
4.
Ctedit and Notices
4.1 If the Coinmissioned Work is published, the follo�ving credit lines and norices will
appear at the traditional location for such credit and norices in similar 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 Effective Date and shall extend until final payment has been
made to Consultant pursuant to the terms of this Contract.
5.2 Terminarion for Convenience.
5.2.1 The City may teYminate this Contract for its convenience upon ten (10) days
written notice to Consultant. Upon receipt of such notice, Consultant shall
immediately disconrinue all services and work and the placing of all oYders or
the entering into contracts for all supplies, assistance, facilities and materials
in connection with the performance of this Contract and shall proceed to
cancel promptly all e�sting contracts insofar as they are chargeable to this
Contract. If the City terminates this Contract under this Secrion 5.2, the City
shall pay Consultant for services actually performed in accordance herewith
prior to such termination, less such payments as have been previously made,
in accordance �vith 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 provide the City with copies of all
completed or partially completed documents prepared under this Contract
on or before the effective date of terminarion. All rights to the
Coininissioned 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 ��Vork pioduced under this Contract.
5.3 Termination for Cause. The City ma�T terminate this Contract for cause in the event
Consultant fails to perform in accordance with the requiYements contained herein. In such event,
City shall give Consultant written norice of Consultant's failure to perform, giving Consultant
fourteen (14) calendar days to come into compliance with the Contract requiiements. If Consultant
fails to come into compliance with this Contract, City shall notif-�T Consultant, in wriring, and tliis
Contract shall be terminated as of the date of such notification. In such e�=ent, Consultant shall not
be entitled to any compensation and shall repay all sums paid to Consultant puisuant to this
Contract as full satisfaction and discharge of all of City's obligations and liabiliries under this
Contract. Any repayment must be made within thirty (30) days after written request by the City.
5.4 Death or Inca�acity of Const�ltant. In the event of Consultant's death or Consultant
Contract for Professional Services Susan Kline 3 of l4
becoming physically or legally incapacitated during the term of this Contract, City shall have the
right to terminate this Contract on payment to Consultant or Consultant's successors for all work
and services performed prior to death or incapacity. All Coininissioned Work produced by
Consultant up to the effective date of terminarion shall become property of City. In the event of
terminarion under this secrion, City shall have the right to complete the Comrnissioned Work, if
feasible. Due regard shall be made for Consultant's intended results and pYoper credit and
acknowledgement shall be given to Consultant. This provision shall survive the terminarion 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 period for an�� payments due hereundei, Cit�� will notify
Consultant of such occurrence and this Contract shall terminate on the last da�� of the fiscal period
for which appropriarions were made without penalty or expense to City of any l�ind whatsoever,
escept as to the porrions of the payments herein agYeed upon for which funds shall have been
appropriated and budgeted. City has informed Consultant that, concurrendy with appYoval of this
Contract, City will apptopi7ate 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
notification shall not otherwise abrogate the City's right to terminate for non-appropriarion of funds
or to make payment in accordance with Section 2 herein.
5.6 Upon terminarion of this Cont�act for any reason, Consultant shall provide the City
with copies of all completed or parrially completed documents prepared under this Contract within
thirty (30) days after the effective date of terminarion. All rights to the Coininissioned 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 Cotninissioned Work produced under this Contract.
G.
Ownership and Intellectual Properry
6.1 City shall own all i7ght, ritle, and interest in the Cointnissioned Work throughout the
world. Further, City shall be the sole and exclusive owner of all copyright, patent, tiademark, trade
secret and other proprietary rights in and to the Coininissioned Work. Ownership of the
Corninissioned Work shall inuxe to the benefit of the City from the date of conceprion, crearion or
fixarion of the Coxntnissioned Work in a tangible medium of expression (whichever occurs fitst).
Each copyrightable aspect of the Coinmissioned 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 Comtnissioned Work, with all rights appw-tenant thereto. If, and to the extent such
Coint�ussioned 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
transfers, and to the eztent any such assignment, sale, or transfer cannot be made at the present time
to City, agrees to assign, sale, and ttansfer, all exclusive right, title and interest in and to the
Cointnissioned Work, and all copies thereof, and in and to the copyi7ght, patent, tYademark, trade
secret, and all other proprietaiy rights therein, that the City may have or obtain, ��ithout further
consideration, free from any claim, lien for balance due, or rights of retenrion 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 ]4
6.2 Consultant hereby acknowledges the rights of attriburion and integrity conferred by
Secrion 106A(a) of Tide 17 of the U.S. Code, (as amended or as it may be amended in the future)
Titled "Visual Artists Rights Act," and any other right of the same nature granted by U.S. federal,
state, or foreign laws, and of Consultant's own fiee act hereby waives such rights with respect to any
and all uses of the Coinmissioned Work by City pursuant to this ContYact.
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 Commissioned Work, including, without limitation, the execution of assigninents, releases, or
other documentarion, and the provision of good faith testimony by declaration, by affidavit, and in-
person.
6.4 City will have the sole and exclusive right throughout the world in all languages and
in perpetuiry to exploit the Coininissioned Work in any manner.
6.5 To the extent that the City intends to reproduce images from the Coinmissioned
Work in any other work not associated or related to the Coininissioned Work, then City is
responsible fox securing such permissions.
7.
Representations and Warranties
7.1 Consultant represents and warrants to City that: (i) it has full power and authority to
enter into this Contract; (ii) in performing this Contract, Consultant will not violate the terms of any
agreement between it and any third party; and (iii) the Comrr�issioned �X1ork will be the Consultant's
original work, has not been published befoie, is not in the public domain, will not infringe any
statutory or common-law copyt7ght, will not contain matter that is libelous, obscene, or othenvise
unlawful, will not violate any right of privacy or publicity, or otherwise violate any law or any
person's personal or properry rights, and will not contain any recipe, formula or instructions that is
injurious to the user.
8.
Non-Interference
8.1 Consultant agiees that so long as City or any licensee of City has copyright in the
Colnmissioned Work, Consultant will not, �uithout 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 publicarion of, any other edirion of the Coininissioned Work in a revised, corYected, enlarged, or
abridged form, or produce any ��ork of such similar character to the Corntnissioned Work that it will
tend to interfere with oi injure the sale or other exploitation of the Coininissioned Work.
9.
LIABILITY, INDEMNIFICATION, AND RELEASE
9.1 GENERAi. 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 Services Susan Kline 5 of l4
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 D1�MAGE) 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 HIND OR
CHAIZACTER, WHETHER REAI.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, PERFORl�1ANCE, AT'TEMPTED
PERFORII�IANCE, OR NONPERFOIi:MANCE OF THIS CONTRACT, EXCEPT THAT
THE INDEMNITY PROVIDED FOR 1N THIS PARAGRAI'H SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE GROSS NEGLIGENCE OF THE
CITY.
9.2 INTELLECTUAL PROPERTY INDEMNIFICATION. Consultant agrees to
assume full responsibility for complying with all State and Federal Intellectual Property Laws and
any other regularions, including, but not limited to, the assumption of any and all responsibilities for
paying royalries that are due for the use of other third-party intellectual pYoperty works by
Consultant. City expressly assumes no obligarions, implied or otherwise, regarding payment or
collection of any such fees or financial obligations. City specifically does not authorize, permit, or
condone the reproduction or use of any intellectual property by Consultant without the appropriate
licenses or permission being secw-ed by Consultant in advance. IT IS FURTHER AGREED
THAT CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS CITY 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 ANY LIABILITY RESULTING FROM THE
SOLE GROSS NEGLIGENCE OF THE CITY. City expressly assumes no obligarion to revie�v
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 ANY 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 CITY.
9.4 Consultant shall require all of its subcontractors to include in their subcontracts a
release and indemnity in favor of City in substanrially the same form as above.
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 coxnmitted by an employee
of the City. Consultant shall not permit any employee, officer, and agents of the Consultant or any
employees, officers or agents of any subcontractor to perform any acrivity under this Contract
without first e�ecuting a release containing such provisions.
9.6 This secrion shall survive the expuarion or terininarion of this Contract.
10.
Independent Contractor
10.1 Consultant shall perform all work and seivices 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 hereunder and all
persons performing 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
or joint venttue bet��een the City and the Consultant, its officers, agents, employees and
subcontractors; and the doctrine of respondeat superior shall have no application as between the
City and the Consultant. It is further understood that the City shall in no way be considered a Co-
employer oi a Joint employer of Consultant, or any officers, agents, servants, employees or
subcontractors of Consultant. Neither Consultant, nor any of its officers, agents, servants,
employees or subcontractors shall be enritled to any employment benefits from the City. Consultant
shall be responsible and liable for any and all payment and reporring 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 disclosute in wriring of any
e�sring or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make pYompt disclostue in �vriting of any conflicts of interest
that develop subsequent to the signing of this Contract.
11.2 Consultant further agiees that it shall treat all informarion provided to it by the City
as confidential and shall not disclose any such information to a third party �uithout the prior written
approval of the City. Consultant shall store and maintain City information in a secure mannei and
shall not allow unauthorized users to access, modify, delete or other�uise corrupt City informarion in
any way. Consultant shall notify the City immediately if the security or integrity 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) years after final
payment under this Contract, have access to and the right to examine any directly pertinent books,
documents, papers and records of the Consultant involving transactions relating to this Contract at
no additional cost to the City. Consultant agiees that the City shall have access during normal
Contract for Professional Services Susan Kline 7 of 14
worl�ing hours to all necessary Consuitant facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City
shall give Consultant reasonable advance notice of intended audits.
12.2 Consultant fiuther agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractoi agrees that the City shall, until the expiration of tiv�ee
(3) years after final payment under the subcontract, have access to and the right to examine any
directly pertinent books, documents, papers and records of such subcontractor involving
tYansactions to the subcontLact at no addirional cost to the City, and further that City shall have
access during normal �vorl�ing hours to all subcontractor faciliries 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 hereto shall assign, sublet or transfer its interest herein without the
prior written consent of the other party, and any attempted assignment, sublease or transfer of all or
any part hereof without such prior ��ritten consent shall be void.
14.
Notices
14.1 Norices required pursuant to the provisions of this Contract shall be conclusivelj�
determined to have been delivered when (1) hand-delivered to the other party, its agents, employees,
servants or representatives, (2) delivered by facsimile with electronic confiYmarion of the
transmission, or (3) received by the other party by United States Mail, registered, retzun receipt
requested, addressed as follows:
TO THE CITY:
City of Fort �X�orth
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, TY 76109
sskline@sbcglobal.net
Copy to:
City of Fort Worth
Office of the City Attorney
Attn: City Attorney
1000 Throcksnorton 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
actions to ensure that, in connection with any work under this Contract, Consultant will not
discriminate in the treatment or employment of any individual or groups of indi�riduals on the
grounds of race, color, religion, national origin, age, sex, physical handicap ar any other group
protected by law unrelated to job performance, either directly, indirecdy or through contractual or
other arrangements.
16.
Severability
16.1 If any provision of this Contract is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remainitig provisions shall not in any way be affected or
unpaired.
17
Force Majeure
17.1 The City and Consultant shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Contract, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control
(foice majeure), including, but not limited tq compliance with any government law, ordinance or
regularion, acts of God, acts of the public enemy, fues, strikes, lockouts, natw�al disasters, wars, riots,
material or labor restrictions by any governmental authoriry, transportation problems and/or any
other similar causes.
18.
Choice of Law; Venue
18.1 This contract shall be governed by and construed in accordance `vith the internal la��
of the State of Texas.
18.2 Should any acrion, whether real or asserted, at law or in equity, arise out of the terms
of this Contract, venue for said acrion shall be esclusively in the District or Federal Courts in Fort
Worth, Tarrant County, Tesas.
19.
Entirety of Contract
19.1 This Contract contains the entue understanding and agreement between the City and
Consultant, their assigns and successois in inteiest, as to the matters contained heiein. Any prior or
contemporaneous oral or 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 regularions. If the City norifies Consultant of any violation of such laws, ordinances, rules or
regularions, Consultant shall immediately desist from 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 obligarions hereunder.
22.
Governmental Powers
22.1 It is understood and agreed that by execurion 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 an�T term oi
provision of this Contsact 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 any 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, lilieness, biographical informarion, and other
recognizable features on or in any work that publishes the Coinmissioned Work ot any porrion or
der7varive thereof, and in connecrion with the advertising, promorion and sale of the Cotninissioned
Work or a portion or derivative thereof, whether the Coirunissioned Work is sold separately ox in
combinarion with other works.
2G.
Survival Ptovision
26.1 The pro�risions 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 K1ine 10 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the Effective Date.
CITY OF FORT WORTH:
By:
usa Alanis
,�__._._..,-:. r�
A7
:
SUSAN ALLEN KLINE
--S c�—�. G7c..�e�— ,�-Q��>
APPROVED AS TO FOAM AND LEGALITY:
_ _ - -2, /'� �
By, -) //
Tyler�'Wallach
Assistant City Attorney
NO M&C REQUIRED
Contract for Professional Services Susan Kline
OFFICIAL RECDiBD
CI7'Y1���R�1PARl(
�. ��I���y ��
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 revisions, modifications, tianslations, adaptarions, and derivative works based upon
the description below; (ii) all documentarion, digital files, drafts, sketches, notes, plans, treatments,
mock-ups, stoYy boards, negarives, and other developmental mate�als created in connecrion with the
development of the work; and (ui) all characteYs, concepts, ideas, stories, facts, or informarion
contained in the works described in this Contiact.
1. l�Ianuscri�t oi Book: The manuscript (��hich PACS plans to develop into a Uook) �vill e�plore the
history of Fort Worth Parks from 1892 to 2009, from the city's fitst 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 for the formation of the park department and in
1922 for the creation of a separate recreation department and how these forces shaped the
development of the department(s) through significant periods of histoiy (the Great Depression,
Post-World War II Gxowth, Desegregation, etc). It will also examine why these two departments
were merged in 1964. The manuscript will explore the personaliries who shaped the park and
iecreation departments as well as significant individuals whose names were given to park and
recreation facilities. Brief histories will be given for selected parks and recrearional faciliries.
Estimated chapters are ten. Estimated 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. CHAPTER 1: EARI.Y HISTORY: Examines the development of a public park
system in Fort Worth, the formation of the Park League, the Kessler Plan and the formation
of a separate board within the municipal government to oversee the Park Department.
(1873-1909)
ii. CHAPTER 2: THE KESSLER YEARS: IMPLEMENTATION OF THE
KESSLER PLAN AND ACQUISITION OF EARI.Y 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. CIIAPTER 3: RECREATION FOR A CITY: Explores the social and political
factors that led to the development of a separate Recreation Board and Recreation
Department in 1922 and provides a general history of the department from 1922 to its
reunificarion with the Park Department in 1964.
iv. CHAPTER 4: THE HARE AND HARE YEARS: Explores the significance of
the hiring of the landscape aichitecture firm Hare and Hare of Kansas City, Missouri as the
city's primary park consultant in 1925 and the effect of the fum's 1930 park master plan on
the development of the park system. It will include a discussion of park improvements and
park acquisition, �vith a parricular 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, construction of shelters and landscape improvements
Contract for Professional Services Susan Kline 12 of 14
throughout the park system). It will also explore the relationship of the post-World War II
growth and the creation of a new mastei plan in 1957.
v. CHAPTER 5: ZOOLOGY: Studies the creation of a public zoo in 1909 and its
development, including the formarion of the predecessor to the Fort Worth Zoological
Associarion in 1939, up through the creation of the 1986 master plan.
vi. CHAl'TER 6: REUNIFICATION AND NEW PARTNERSHIPS: Discusses
the forces that led to the reunificarion of the park and recreation department in 1964 and the
economic, social, and polirical influences that led to the practice of partnering with
individuals, organizations, and other governmental agencies to provide new parks,
recrearional faciliries, and programs 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, �-Ieritage Park, Tandy Hills Park and Nature Area; the transfer of the operarion of
the zoo to the Fort Worth Zoological Association; the addition of Community Services
within the department, etc.), the creation of a new department master plan in 1998, and
otheY significant events through 2009.
vii. CHAPTER 7: COUNCIL AND BOARD: The political, economic, and social
influence of the City Council (or Cornmission as the case may be) and the respective paYk
and recreation department boards on the history of the department(s).
viii. CHAI'TER 8: PARK AND RECREATION FACILITIES: Brief histories of
selected parks and recrearion/community centers.
ix. CIIAPTER 9: PARK PEOPLE: Brief histories of people who have had an impact
on the development and operation of the park and recYearion 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
Contract for Professional Services Susan Kline 13 of 14
EXHIBIT B
SCHEDULE FOR DELIVERY AND PAYMENT SCHEDULE
Invoices and progress reports must be submitted by the 10`h of the month following each deadline.
All deadlines may be extended by mutual written agreement of the parties.
Contract for Professional Services Susan Kiine 14 oY 14