HomeMy WebLinkAboutResolution No. 09-072
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, APPROVING AMENDMENT NO. 3 TO THE CONSULTING
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. 3
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 2009-2010; and
WHEREAS, the City Council has determined it to be in the best interest of the City to approve
Amendment No. 3 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 approves Amendment No. 3 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 f' day of 2009.
oe McC rry, Mayor
City of he Colony, Tex
f`
Page 1
TM 18469.76.000
ATTEST:
istie Wilson, Ci y Secretary,
City of The Colony, Texas
APP VE AS O F RM:
Ro ert E. Hager, C' Attorney
City of The Colon , exas
(REH/cdb 07/20/07)
Page 2
TM 18469.76.000
STATE OF TEXAS §
§ AMENDMENT NO.3 TO THE
§ CONSULTING CONTRACT
COUNTY OF DENTON §
This Amendment No. 3 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 not to exceed Sixty-Five
Thousand Dollars ($65,000).
NOW THEREFORE THE PARTIES do hereby agree to amend the Contract as
follows:
Section 1. That Section IV, Payment, of the Consulting 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 sum not to exceed Sixty-Five
Thousand dollars ($65,000) for the services including expenses for the
year 2009 - 2010. 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 1 lffi day of July, 2005, is republished and ratified, except as amended herein.
City of The Colony, Texas: Weaver & Tidwell, L.L.P.
By: ~J XA By:
Dale Cheatham, City Manager
City of The Colony Its: S-'
6800 Main Street
The Colony, TX 75056
Amendment No. 1 to Consulting Contract
Page 2 TM 18466.76.000