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Home My WebLink AboutResolution No. 2026-062CITY OF THE COLONY, TEXAS RESOLUTION NO. 2026 - OtD2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING FOURTH 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 fourth amendment to legislative consulting agreement with Desk 138, LLC, a Texas limited liability company for Legislative Consulting services in the amount of $72,000.00; and WHEREAS, the City Council of the City of The Colony, Texas, authorizes the Mayor to execute the Fourth 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 $72,000.00, and authorizes the Mayor to execute said Fourth 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 15TH DAY OF SEPTEMBER 2026. ATT 7; Tina Stewart, TRMC, CMC, City Secretary Richard Boyer, Mayor City of The Colony, Tex APPROVED AS TO City Attomey Exhibit A [Fourth Amendment to Lobbyist Agreement] RESOLUTION WORKSHEET - RESOLUTION NO. 2026-062 Requesting Source: GEN. ADMIN Purpose: Consider approving a resolution authorizing the Mayor to execute a legislative consulting agreement with Desk 138, LLC in the amount of $72,000.00. Action Taken: Approved 4.3 Date: 09/15/2026 Mayor & City Secretary signatures affixed: I 09/15/2026 Attorney's signature affixed: I 09/15/2026 Original to Records: I 09/16/2026 Scanned to Doc. Imaging: LASERFICHE I 09/16/2026 Copy to Department: GEN. ADMIN I 09/16/2026 Saved MS Word version in Shared Drive I 09/16/2026 Desk 138 Bi'SINF.SS CONSULTING & PITBI..IC AFFAIRS 21111 Shmi-v%,C17, 1, • 1:, ,�:1 1i�,r1;.�11 � �.r,5i • ;v LOBBYIST AGREEMENT (1) PARTIES This Lobbyist Agreement ("Agreement") is entered into by and between Desk 138, LLC, a Texas based business consulting and public affairs firm, with its principal office located at 2011 Shadowbrook Circle, Round Rock, Texas 78681 ("Desk 138"), and The City of The Colony, with its principal office located at 6053 Main Street, The Colony, Texas 75056 ("Client"). (2) PURPOSE The purpose of this Agreement is to state the terms and conditions under which Desk 138 will provide lobbying services ("Services") to Client. (3) TERM OF AGREEMENT The term of this Agreement shall commence on October 1 2026, and shall continue in full force until September 30, 2027. 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. Services shall be pro -rated through the date of termination. (4) SERVICES Desk 138 shall commit its organizational strength, influence, knowledge, and relationships to advance Client's agenda and shall perform the following as directed by Client: (a) daily monitoring of legislation which Client identifies as important. (b) lobbying members of the Texas Legislature, legislative committees, state agencies, and other governmental officials to act on Client desires on pending or anticipated issues, studies, legislation, or rule-making that Client identifies as important. (c) assist in communicating Client's positions on legislation and administrative actions to the Texas Legislature, state agencies, and other governmental officials. (d) perform other lobbying services or governmental contract services as Client may request. (f) Desk 138 further agrees to: (1) perform the professional services in a diligent and professional manner; (2) timely advise Client, on a regular basis, of the progress of legislative or regulatory action in which Consultant is representing Client's interest under this agreement; and (3) recommend courses of action on matters in which Consultant represents Client under this agreement. This contract does not include Consultant providing any legal service (5) COMPENSATION Compensation for Services performed under this Agreement will be paid as a monthly retainer in the amount of $6,000-00 (six thousand dollars) beginning October 1 2026 and continuing until termination of the agreement. Payment terms shall be 30 days upon receipt of Desk 138's invoice, with all payments made at the beginning of the month for services to be performed that month. (6) EXPENSES Desk 138 will bill for reasonable travel expenses incurred in the execution of the Agreement and which Client authorizes or approves in advance. Expenses include meals, transportation, and lodging to locations greater than two hundred (200) miles from the Desk 138, LLC principal office location. All incidental costs and out-of-pocket expenses are considered included in the agreed amount of one-half of the monthly retainer. All incidental costs and out-of-pocket expenses are considered included in this agreement and shall not be billed. (7) RELATIONSHIP The parties understand that Desk 138 is an independent contractor with respect to Client as is not an employee of Client. The client does not provide any fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Desk 138, its agents, employees, or contractors. (8) CONFLICT OF INTEREST For the term of this Agreement, Desk 138 agrees not to represent any other interest that would conflict with the interest of Client under this agreement. If any conflict of interest arises, Desk 138 will promptly notify Client of the conflict, and the conflict will be settled to the satisfaction of Client and in accordance with the rules of the Texas Ethics Commission. (9) CONFIDENTIALITY Desk 138 shall assume that all information it receives about Client, its affiliates and their businesses and industries is confidential. To the maximum extent permitted by law, Desk 138 shall maintain the confidentiality of all such information. (10) OTHER PROVISIONS Political contributions and campaign contributions on behalf of Client are not part of this contract. Client understands that Consultant and employees of consultant attend political events and campaign functions, but such activity is solely their own time and neither Consultants nor its employees receive any compensation from Client for such activity. This contract is not assignable by either party and is the sole and only agreement between the parties. This agreement shall be governed by the laws of the State of Texas. Facsimile and digital signatures are accepted as originals. Either party may seek any lawful remedy to enforce the provisions of this agreement. IN WITNESS WHEREROF, the parties hereto have caused their duly authorized representatives to execute this Agreement as of the date first written above. DESK 138, LLC B Larry D. Go President Date: The City of The Colony Name: Troy Powell Title: City Manager Date:��