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HomeMy WebLinkAboutResolution No. 08-067 CITY OF THE COLONY, TEXA1S RESOLUTION NO. 08- Of.t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AMENDMENT NO. 2 TO THE CONSUL TING CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND WEAVER & TIDWELL, L.L.P. FOR AUDITING SERVICES, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on or about July 11, 2005, the City entered into a Consulting Contract with Weaver & Tidwell, L.L.P., for the purposes of providing auditing services to the City; and WHEREAS, pursuant to Section V., Term of the Contract, the City desires to extend the Contract for another year; and WHEREAS, Section IV., Payment, of the Contract provides a set fee for the first year and provides for potential amendments to the amounts for subsequent years; and WHEREAS, Weaver & Tidwell, L.L.P. has submitted to the City an amendment for the fee for the Fiscal Year 2007-2008; and WHEREAS, the City Council has determined it to be in the best interest of the City to approve Amendment No.2 to the Consulting Contract, which is attached hereto and incorporated herein as Exhibit "A" and to authorize the City Manger to execute the same. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The City Council hereby approve Amendment No. 2 to the Consulting Contract dated July 11,2005, by and between the City of Colony, Texas, and Weaver & Tidwell, L.L.P., for auditing services, which is attached hereto and incorporated herein as Exhibit "A"; and, the City Manager is hereby authorized to execute the same. Section 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provides. PASSED, APPROVED and EFFECTIVE this 21 st day of July. 2008. hn Dillard, Mayor ity of The Colony, Texas Page 1 TM 18469.76.000 AT2J~~ ~U~^0 Chnstie Wilson, CIty Sec etary, City of The Colony, Texas Robert E. Hager, Ci~ City of The Colony xas (REH/cdb 07/20/07) Page 2 TM 18469.76.000 STATE OF TEXAS ~ ~ ~ ~ AMENDMENT NO.2 TO THE CONSUL TING CONTRACT COUNTY OF DENTON This Amendment No. 2 to the Consulting Contract, by and between the City of The Colony, Texas ("City"), and Weaver and Tidwell, L.L.P. ("Auditor") (collectively referred to as the "Parties"). RECITALS: WHEREAS, the Parties have previously entered into a Consulting Contract, dated July 11, 2005, for the purposes of Auditor providing the City with auditing services; and WHEREAS, in accordance with Section V., Term of the Contract, the Parties desire to extend Contract for a one year term; and WHEREAS, the Parties desire to amend such Contract by amending Section IV., Payment, to provide for the payment to the Auditor in the amount of Eighty Two Thousand Dollars ($~.' .(00). NOW THEREFORE THE PARTIES do hereby agree to amend the Contract as fo II ovvs: Sedioo 1. That Section IV, Payment, of the Con:-;ulting Contract dated July 11,2005, be, and the same is, hereby amended to read as follows: "IV. PAYMENT The CITY shall pay to AUDITOR a SLIm not to exceed Eighty Two Thousand dollars ($82,000) for the services including expenses for the year 2007 - 2008. AUDITOR shall bill CITY on a monthly basis for services rendered, based upon percentage of work completed. CITY shall make prompt monthly payments in the amount shown by the AUDITOR'S approved monthly statements and other documentation submitted. No interest shall ever be due on late payments. Within 30 days after the final completion and acceptance by the CITY of all work under this Contract, as amended, final payment shall be paid. " Section 2. That the rest and remainder of the Original Consulting contract which was entered into on the 11 th day of July, 2005, is republished and ratified, except as amended herein. City of The Colony, Texas: Weaver & Tidwell, L.L.P. By: \)~~ Dale Cheatham, City Manager City uf The Colony 6800 Main Street The Colony, TX 75056 J? dJ~ ~og BY:~~ Its: ~~ Amendment No.1 to Consulting Contract Page 2 TM 1846676.000