HomeMy WebLinkAboutResolution No. 2026-001CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2026 - 001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING SECOND AMENDMENT TO A
LEGISLATIVE CONSULTING AGREEMENT WITH DESK 138, LLC, A
TEXAS LIMITED LIABILITY COMPANY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, hereby approves the
second amendment to legislative consulting agreement with Desk 138, LLC, a Texas limited
liability company for Legislative Consulting services in the amount of $18,000.00; and
WHEREAS, the City Council of the City of The Colony, Texas, authorizes the Mayor to
execute the Second Amendment to legislative consulting agreement, attached hereto as Exhibit A,
and any and all documents related thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
SECTION 2. The City Council of the City of The Colony, Texas, hereby authorizes and
approves the amendment to the legislative consulting agreement with Desk 138, LLC, a Texas
limited liability company for legislative consulting services in the amount of $18,000.00, and
authorizes the Mayor to execute said Second Amendment to the Agreement, attached hereto as
Exhibit A, and any and all documents related thereto.
SECTION 3. This Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 6th DAY OF JANUARY 2026.
1
chard Boyer, Ma or
City of The Colony, Texas
AT ST:
.. �1. ..........
Tina Stewart, TRMC, CMC, City Secretary
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APPROVED AS TO FORM:
Exhibit A
[Second Amendment to Lobbyist Agreement]
SECOND AMENDMENT
TO
LOBBYIST AGREEMENT
This SECOND AMENDMENT TO LOBBYIST AGREEMENT (hereinafter referred
to as the "First Amendment") is made and entered into by and between the CITY OF THE
COLONY, TEXAS, a Texas home -rule municipality (hereinafter referred to as the "City"); and
DESK 138, LLC, a Texas limited liability company (hereinafter referred to as the "Desk 138"):
RECITALS:
WHEREAS, the City and Desk 138 previously entered into a Lobbyist Agreement which
has a term expiring on September 30, 2025 (hereinafter referred to as the "Original Agreement");
and
WHEREAS, the City and Desk 138 entered into a First Amendment to Lobbyist
Agreement extending the term of the Original Agreement through December 31, 2025; and
WHEREAS, the City and Desk 138 desire to extend the term of the agreement for another
three (3) months.
NOW, THEREFORE, for and in consideration of the agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and Desk 138 agree as follows:
SECTION 1. FINDINGS INCORPORATED.
The foregoing recitals are hereby incorporated into the body of this First Amendment and
shall be considered part of the mutual covenants, consideration and promises that bind the parties.
SECTION 2. AMENDMENT TO ORIGINAL AGREEMENT.
(a) Amendment to Original Agreement. That Section 3 of the Original Agreement is hereby
amended to read as follows:
"(3) TERM OF AGREEMENT
The term of this Agreement shall commence on October 1, 2024, and shall continue in full
force until March 31, 2026. This Agreement may be renewed by Client for an additional
period(s) upon the written mutual agreement of both parties. Either party may terminate
the Agreement for any reason, or for no reason, on 60 -days' notice to the other party.
Services shall be pro -rated through the date of termination."
SECTION 3. MISCELLANEOUS PROVISIONS.
The following miscellaneous provisions are a part of this First Amendment:
(a) Amendments. This First Amendment constitutes the entire understanding and agreement
of the parties as to the matters set forth in this First Amendment. No alteration of or
amendment to this First Amendment shall be effective unless given in writing and signed
by the party or parties sought to be charged or bound by the alteration or amendment.
(b) Assignment. This First Amendment may not be assigned without the express written
consent of the other party.
(c) Counterparts. This First Amendment may be executed in one or more counterparts, each
of which shall be deemed an original and all of which shall constitute one and the same
document.
(d) Effective Date. The effective date (the "Effective Date") of this First Amendment shall be
the date of the latter to execute this First Amendment by and between the City and Desk
138.
(e) Original Agreement and any Amendments. All of the terms, conditions, and obligations
of the Original Agreement, and any amendments remain in full force and effect except
where specifically modified by this First Amendment.
(f) Severability. The provisions of this First Amendment are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this First Amendment is for any reason
held by a court of competent jurisdiction to be contrary to law or contrary to any rule or
regulation have the force and effect of the law, the remaining portions of the First
Amendment shall be enforced as if the invalid provision had never been included.
(g) Time is of the Essence. Time is of the essence in the performance of this First Amendment.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed.
ATT ST:
cz
Tina Stewart, City Secretary
CITY:
CITY OF THE COLONY, TEXAS,
a Texas home -rule mu ic' lity,
By:
Richard Boyer, Ma'
Date Signed:
DESK 138:
DESK 138, LLC,
a Texas limited liability company,
By:
Larry D. Gonzales, Managing Member
Date Signed:
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed.
ATTEST:
Tina Stewart, City Secretary
CITY:
CITY OF THE COLONY, TEXAS,
a Texas home -rule municipality,
By:
Richard Boyer, Mayor
Date Signed:
DESK 138:
DESK 138, LLC,
a Texas limited lia
By:
Larry D. Gonzales. aLging Member
Date Signed: I"(a-2ew