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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 _ �� rgrr _..•:� 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. [The Remainder of this Page Intentionally Left Blank] 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