HomeMy WebLinkAboutResolution 4055-01-2011A Resolution
NO. 4055 -01 -2012
TO INCREASE THE MAXIMUM AMOUNT TO BE PAID TO
FRANKLIN M. LEE AND THE LAW FIRM TYDINGS & ROSENBURG, LLP,
AS OUTSIDE LEGAL COUNSEL TO ADVISE THE CITY ON LEGAL ISSUES
RELATED TO THE BUSINESS DIVERSITY ENTERPRISE PROGRAM
WHEREAS, there are specific legal issues concerning the Availability and Disparity
Study performed in anticipation of adopting the City's Business Diversity Enterprise Ordinance
which replaces the City's Minority and Women Business Enterprise Ordinance; and
WHEREAS, because of the extraordinary importance and complexity of those issues, it is
necessary to retain outside legal counsel to assist the City Council; and
WHEREAS, Franklin M. Lee of the law firm of Tydings & Rosenburg, LLP, has expertise
in 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, was
employed to assist the City Attorney's Office in providing legal consultation to the City Council
in connection with the legal issues concerning the Availability and Disparity Study performed in
anticipation of adopting the City's Business Diversity Enterprise Ordinance which replaced the
City's Minority and Women Business Enterprise Ordinance.
2.
That, as for as practicable, the additional compensation to be paid to Franklin M. Lee for
his services is hereby increased from $110,000 to an amount not to exceed $120,000.00
Adopted this 10`" day of January, 2012.
ATT
Ronald P. Gonzales, AssiktAt City Secretary
oRrWORT
hA
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/10/2012 - Resolution No. 4055 -01 -2012
DATE: Tuesday, January 10, 2012
LOG NAME: 17MWBE LEGAL
REFERENCE NO.: * *G -17487
SUBJECT:
Adopt Resolution Increasing the Maximum Amount to Be Paid to Franklin M. Lee, Tydings & Rosenburg,
LLP, by $10,000.00 to $120,000.00 for Final Payment for Work Related to the City's Availability and
Disparity Study and Subsequent Development of the Business Diversity Enterprise Ordinance and Provide
for a Small Contingency Amount to Cover Any Incidental Consultations (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing up to an additional
$10,000.00 to be paid to Franklin M. Lee, Tydings & Rosenburg, LLP, to cover the final payment of
$8,768.78 related to legal and consulting work on the City's Availability and Disparity Study and the
subsequent initial development of the Business Diversity Enterprise Ordinance and to provide for a small
contingency amount to cover any incidental consultations.
DISCUSSION:
On August 9, 2007, (M &C G- 15804) the City Council approved Franklin M. Lee, Tydings & Rosenburg,
LLP, legal counsel to aid the City of Fort Worth on issues related to the Availability and Disparity Study
(Study) and authorized payment for his services in an amount not to exceed $10,000.00. On March 4,
2008, (M &C G- 16068) the City Council authorized up to an additional $100,000.00 to Franklin M. Lee,
Tydings & Rosenberg, LLP, to assist with matters related to the Study requirements, developing criteria for
selecting a Study consultant, legal review of consultant's work, review of Study results and input and
counsel regarding the development of the new Business Diversity Enterprise Ordinance, based on the
Study results, industry best practices and legal requirements.
This action provides for final payment for legal services related to the Study and consultation on industry
best practices for program development and implementation that was provided to staff and the Minority
and Women Business Enterprise (M /WBE) Advisory Committee. This work was crucial given the historical
success of the M /WBE Program which consequently limited the City's ability to continue to apply M /WBE
subcontracting goals and required the development of a small business enterprise program and the
development of program enhancements to improve M /WBE participation at the prime contractor and
consultant level.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget of the General Fund.
FUND CENTERS:
TO Fund /Account /Centers
Logname: 17MWBE LEGAL
FROM Fund /Account/Centers
GG01 539120 0175000 $10,000.00
Pagel of 2
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Jay Chapa (5804)
William Johnson (212 -2674)
Logname: 17MWBE LEGAL Page 2 of 2