HomeMy WebLinkAboutResolution 3588-03-2008A Resolution
NO 3588-03-2008
WHEREAS, there are legal issues concerning the Availability and Disparity Study
performed in anticipation of amending the City s Minority and Women Business
Enterprise Ordinance and
WHEREAS, because of the extraordinary importance of those issues tt is necessary
to retain outside legal counsel to assist the City Council and
WHEREAS, Franklin M Lee of the law firm of Tydtngs & Rosenburg LLP has
expertise to the area of constitutional law concerning availability and disparity studies
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
1
That Franklin M Lee pursuant to Chapter VI Section 3 of the City Charter is
employed to assist the City Attorney s Office to providing legal consultation to the City
Council m connection with the legal issues concerning the Availability and Disparity
Study performed in anticipation of amending the City s Minority and Women Business
Enterprise Ordinance
2
That as for as practicable the compensation to be paid to Franklin M Lee for his
services is hereby fixed in an amount not to exceed $100 000 00
Adopted this 4th day of March 2008
ATTEST
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^\/^` MAR 0 4 2008
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 3/4/2008 Res. No # 3588-03-2008
DATE Tuesday March 04 2008
LOG NAME 17MWBELEGAL REFERENCE NO **G 16068
SUBJECT
Adopt Resolution Authorizing Increasing the Maximum Amount to be Paid to Franklin M Lee
Tydings &Rosenburg L L.P to Assist the City on Issues Related to the Availability and Disparity
Study Performed in Anticipation of Amending the City's Minority and Women Business Enterprise
Ordinance
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing up to an additional
$100 000 be paid to Franklin M Lee Tydings &Rosenburg L.L.P to aid the City with legal issues related
to the Availability and Disparity Study and subsequent findings in anticipation of amending the City's
Minority and Women Business Enterprise (M/WBE) Ordinance
DISCUSSION
The City's M/WBE Ordinance requires the City Council to regularly determine whether there is a continuing
need for a program through relevant findings, and if necessary repeal in whole or in part or enact
appropriate amendments to the Ordinance
The Availability and Disparity Study ("Study") provides those relevant findings by way of a legal and
statistical analysis of the procurement activities of the City of Fort Worth and the surrounding marketplace
as required by the U S Supreme Court. It will identify and statistically quantify whether M/WBEs are
underutilized in the procurement of goods and services compared to their marketplace availability The
Study includes reviewing and assisting in formulating recommendations including the overall M/V1/BE goal
for structuring and implementing an M/WBE program that conforms to court rulings.
On August 9 2007 (M&C G-15804) the City Council approved Franklin M Lee Tydings &Rosenburg
L.L.P legal counsel to aid the City of Fort Worth on issues related to the Availability and Disparity Study
and authorized payment for his services in an amount not to exceed $10 000
It is anticipated that in addition to the $10 000 originally authorized by the City Council an additional sum of
$100 000 will be needed for this project. Accordingly it is recommended by the City Attorney that the total
amount authorized to be paid to Franklin M Lee Tydings &Rosenburg L.L.P for his services to be
increased in an amount not to exceed $110 000
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that funds are available in the current operating budget of the General .Fund
Logname 17MWBELEGAL Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
GG01 539120 0175000 $100,000.00
Submitted for City Manager's Office by. Tom Higgins (6140)
Originating Department Head. David Yett (7606)
Additional Information Contact: Charlene Sanders (7611)
Logname 17MWBELEGAL Page 2 of 2