HomeMy WebLinkAboutResolution No. 2026-019CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2026 - 019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, APPROVING THIRD AMENDMENT TO A LEGISLATIVE CONSULTING
AGREEMENT WITH DESK 138, LLC, ATEXAS LIMITED LIABILITY COMPANY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, hereby approves the
third amendment to legislative consulting agreement with Desk 138, LLC, a Texas limited
liability company for Legislative Consulting services in the amount of $36,000.00; and
WHEREAS, the City Council of the City of The Colony, Texas, authorizes the Mayor to
execute the Third 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
$36,000.00, and authorizes the Mayor to execute said Third 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 4th DAY OF MARCH 2026.
L_
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff L. Mooro, City Attorney
ExhibitA
[Third Amendment to Lobbyist Agreement]
THIRD AMENDMENT
TO
LOBBYIST AGREEMENT
This THIRD 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 entered into a Second Amendment to Lobbyist
Agreement extending the term of the Original Agreement through March 31, 2026; and
WHEREAS, the City and Desk 138 desire to extend the term of the agreement for another
six (6) 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) Amendmerat 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 September 30, 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 Third Amendment:
(a) Amendments. This Third Amendment constitutes the entire understanding and agreement
of the parties as to the matters set forth in this Third Amendment. No alteration of or
amendment to this Third 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 Third Amendment may not be assigned without the express written
consent of the other party.
(c) Counterparts. This Third 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 Third Amendment shall
be the date of the latter to execute this Third 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 Third Amendment.
(f) Severability. The provisions of this Third Amendment are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Third 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 Third
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 Third
Amendment.
[The Remainder of this Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed.
ATT
7e
L'1—
Tina Stewart, City Secretary
CITY:
CITY OF THE COLONY, TEXAS,
a Texas home-rul munict [ity,
By:
Richard Boyer, Ma K
Date Signed: 3-'4
DESK 138:
DESK 138, LL j
a Texas !Ate i co pany,
LOW M ' 9[►AIlr�LrJ
. ��Z
ng Member