LAMESATEXAS CITY COONCIL AGENDA  MADICOIIDOICIOING  NOTICE IS GIVEN THAT THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, WILL MEET IN A REGULARLY SCHEDULED MEETING AT 5:30 P.M. ON THURSDAY, AUGUST 1, 2024, 601 SOUTH FIRST STREET, FOR THE PURPOSE OF CONSIDERING AND TAKING OFFICIAL ACTION  ON THE FOLLOWING ITEMS: 1. CALL TO ORDER: 2. INVOCATION:  3. ENGAGEMENT AGREEMENT FOR GRANT WRITING REPRESENTATION: City Council to consider approving an agreement between the City of Lamesa and Harper Doss Group, LLC to represent the city in grant-writing and application 4. ADJOURNMENT: The next regularly scheduled meetings of the City Council of the City ofLamesa will be August 20, 2024, at 5:30 P.M.  services. (City Manager)    Open Meetings information  0 0  GLOSED MEETINGS  MEETING AGGESSIBILITY  The City Council reserves the right to Upon request, auxiliary aids and services adjourn into closed session at any time will be provided to an individual with a  during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.087 PUBLIG PARTICIPATION aT The meeting will be held pursuant to the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items listed above. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should notify the City Secretary before the meeting. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing tot the City Secretary by the end of business hours on the Wednesday before the next meeting in order to be considered for  disability in order to allow them to effectively participate in the city council meeting. Those requesting auxiliary aids or services meeting by mail, telephone or RELAY Texas Contact: Betty Conde at 806-872-4322 a 601 South First Street, Lamesa, Texas % Telephone (806)872-4322 B Fax-(806)872-4338  Section 551.071 (Consultation with should notify the contact person listed below Attorney), 551.072 (Deliberations about at least twenty-four hours prior to the  (1-800-735-2989)  (Economic Development).  79331  inclusion on that agenda.  GERTIFICATION OF NOTIGE  Icertify this agenda was posted at the City Hall, 601 South First Street, Lamesa, Texas at 4:45 p.m., July 26th 2024, in accordance with Chapter  LAMESATEXAS TRADEC CORRIDORC CROSSING  551.041 of the Government Code. Betty Conde, City Secretary    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: AUGUST 1, 2024  AGENDA ITEMS:1 1&2  1. CALL TO ORDER: Announcement - "This meeting is being held in accordance with the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items as posted. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should complete a request at this time. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing to the City Secretary in order to be considered for inclusion on the agenda of the next meeting. A quorum being present as evidenced by the presence of members of the City Council, this meeting is hereby called to order."  The following members are present:  JOSH STEVENS HAYDEN DAVIS FRED VERA GLORIA VI RODRIGUEZ DANNY JACOBS BOBBY G. GONZALES JAMES GRAYSON  Mayor  Council Member = District 1 Council Member - District 2 Council Member - District3 3 Council Member - District 4 Council Member = District 5 MAYOR PRO-TEM Council Member = District6  City Staff members present at the meeting:  JOE HINES BETTY CONDE  City Manager City Secretary  RUSSELL CASSELBERRY Attorney Members of the press present at the meeting: Members of the public present at the meeting: AND PLEDGE OF ALLEGIANCE.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: AUGUST 1, 2024  AGENDA ITEM: 3  SUBJECT: PROCEEDING: SUBMITTED BY:  ENGAGEMENT AGREEMENT FOR GRANT WRITING  REPRESENTATION Agreement City Staff  SUMMARY  City Council to consider approving an agreement between the City of Lamesa and Harper Doss Group, LLC to represent the city in grant-writing and application services.  (City Manager)  COUNCIL ACTION  DISCUSSION  Motion by Council Member to a vote the motion  to approve an agreement between the City  of Lamesa and Harper Doss Group, LLC to represent the city in grant-writing and  application services. Motion seconded by Council Member  and upon being put  VOTING:  "AYE"  "NAY"  "ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    ENGAGEMENT AGREEMENT FOR GRANT WRITING REPRESENTATION  General Recitals  (collectively referred to as "Client") and Harper Doss Group,  LLC (herein collectively referred to as the "Company") agree and understand that Company shall represent Client in grant-writing and grant application services (also referred to as  "Services"), on behalf oft the Client executing this agreement. Thel Parties agree and acknowledge that Companyi is retained ona fee arrangement based upon Client's sole decision.  Project  Project Fee: Company will charge a one-time, project-based fee of $  48.650  for Services described in the following Scope of Representations Section for the Client's grant applications performed by Company, including any representative working under Company's supervision. Client: agrees to remit fifty percent (50%) ofl Project Fee in agreement. Client agrees and understands that Company will not begin work until the initial fifty percent (50%) of the Project Fee is received by Company. The remaining fifty percent (50%) of Project Fee will be due upon completing the agreed-  the amount of $_ $24.325  within ten business days of executing this  upon Services.  Scope OfR Representation  Client's representation by Company begins at the time Services are first rendered by Company on Client's behalfin relation to applying for the aforementioned grant applications below. Company will provide the following Services, exclusively for Client's: Reconnecting Communities Pilot Program Grant Application Required Certificationsand Assertions Assistance for Application  will  in order for Client to satisfy the anticipated grant application requirements. Company also be available to meet with Client on a bi-weekly (every two weeks) basis via video- teleconferencing. At times, Company may choose to associate other representatives to perform Services, under Company's supervision, which Client understands. The scope of representation shall terminate if Client and Company agree to voluntarily terminate the  representation.  Page 1 of6    Risks Of Grant' Writing  Granta applications are subject to: a variety of factors, including but not limited to the number ofcompeting applications, the awarding agency's objective and subjective review measures, eligibility and qualification requirements, the allocated funding amount as well as the underlying data provided by Client. Thej parties hereto acknowledge. and agree that Company has not and cannot guarantee the results or outcomes ofany of the services to be performed by Company. Rather, that Company shall conduct its operations and provide services in a professional manner and in accordance with industry practice standards and all federal, state, and local laws. As a result, Client understands that Company does not-in any way, shape or form--provide: any guarantee on the results of any grant application. Client understands there are inherent limitations in the effectiveness of any forward- looking project such as grant applications. Any analysis, forecast, prediction, or statements created by Company during the course ofr rendering Services are not guarantees offuture performance nor promises that goals or targets will be met, and involve a number of risks, uncertainties and other factors that are difficult to predict and could cause actual results to  differ materially from those expressed or implied.  Distribution of Any Award Received  I. Costs.  Should the Client request for: a Company Representative to visit Client, Client is responsible for all incurred expenses, for example, airfare, car rental, hotel and lodging, and food. An estimate of expenses will be sent to Client before travel and must be approved by Client in writing before any travel begins. Costs and expenses willl be billed to Client in the month in which they are charged for and be due upon thirty (30) calendar days ofinvoice date. Further, in the event that Client terminates the representation, and Company has incurred any expenses, Client will then be responsible for reimbursing all expenses incurred by Company in connection with any Services rendered for Client within thirty (30) calendar days.  II. Company's Fees.  Project Fee is due in accordance to terms and conditions set forth in the General Recitals section. Payment can be made via ACH ("Automated Clearing House"), wire transfer, check, credit or debit card. IfClientelects to pay Project Fee via  credit or debit card, a 3% processing fee will be applied.  Page 2 of6    IfClient terminates this Agreement before Services can be completed or the second installment of Project Fee is paid, Client agrees to pay Company for all fees incurred from the commencement of Services until the date of termination by the Client. Fees will be calculated by thet total number of hours worked by Company on behalf of Client multiplied by our engagement partner's hourly fee of $645.00 minus the initial fifty percent (50%) Project Fee payment remitted by Client upon executing this Agreement.  III. Dispute Resolution  Ifany dispute arises between the parties with respect to any matter, the parties agree to first try in good faith to settle the dispute by mediation: administered by the American Arbitration Association ("AAA"). Any dispute with respect to any matter that is unresolved by mediation will then be decided by arbitration. Any arbitration shall take place in Austin, Texas, unless both parties agree to another location. The arbitration panel shalll have no power to award non-monetary or equitable relief ofany sort. Client accepts and acknowledges that any demand for arbitration must bei issued within one year from the date Client became aware or should reasonably have become aware of the facts that give rise to our alleged liability and in any event no later than two years after any such cause of action accrued. In agreeing to arbitration, the parties both acknowledge that each party is giving up the right to have the dispute decided in a court ofl law before aj judge orj jury and instead the parties are accepting the useor arbitration for dispute resolution. The prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration of the  dispute in an amount to be determined by the arbitrators.  IV. Governing Law  This Agreement shall be construed in accordance with the laws of the State ofTexas.  V. Severability of Provisions remain fully operative.  Ifany one or more of the provisions of this Agreement are determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall  Page 3 of6    Client's Full Cooperation Required  Client promises to take all reasonable efforts to fully cooperate with Company in its rendering ofServices, which includes-buti is notl limited to-the timely provision ofall relevant information known or available to Client, availability of the Client for data gathering and other scheduling and application preparation, identifying risks from suppliers, partners, customers, and market forces that could negatively impact an application, verifying and confirming Client meets all eligibility requirements for any grant application Company engages in, registering and obtaining a SAM.gov, Grants.gov, and Unique Entity Identifier ("UEI") account, uploading and: submitting all required grant material on Grants.gov or Chips.gov before grant deadline, informing Company of any changes in material facts, identifying and designating Clienti information as Confidential Information, and keeping Company notified of any changes in Client's business which Client agrees to respond promptly to all requests for information from Company, and to  may materially affect the competitiveness oft the grant application. provide truthful, accurate information at all times.  In: addition, Client must disclose the following prior to engagement: Any incidents of noncompliance with laws and regulations, fraud, or uncorrected errors attributable to management or other service organization personnel that are clearly not trivial and that may affectregulatory, ii) Knowledge of any actual, suspected, or alleged intentional acts by management ore employees that could adversely affect the proposed project or future iii) Any previous, current, or reasonably expected future litigation or business risk  i)  environmental, or legal approvals.  projections. ofwhich iti is aware.  Page 4 of6    Non-Exclusivity  Client recognizes Company is in the business of writing and managing grant applications and Company's past, present, and future clients may include companies similar to Client, possibly even including Client's competitors. Client agrees and understands that Company's clients or prospective clients may include such entities and thatsuch relationships do not constitute a breach of this Agreement. Whereas, Company agrees and understands that this non-exclusivity clause does not permit  Company to disclose any confidential information of Client.  Termination Of Representation  Either party may terminate this representation at any time, upon written notice to the other. Company may terminate this Agreement as permitted including, for example, if Company is unable to obtain the required data ori information necessary to complete In the event this Agreement is terminated whether by Company or Client, Client shall remain responsible for payment of all fees and expenses incurred by Company. Client agrees to pay Company for any owed hourly fees or costs up to the time of termination  Services or the Client fails to fulfill an obligation to Company.  as described in Section II - Company's Fees.  THIS SPACE INTENTIONALLY LEFT BLANK  Page 5of6    By signing below, each signatory understands and agrees that the signatoryi is a Client of Harper Doss Group, LLC and has read and fully understands and comprehends all  sections of this agreement.  DATED this  day of  2024  ALK Signatory Name Partner Title  Signatory Name  Title  Harper Doss Group, LLC  Client Company  Page 6 of6    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: AUGUST 1,2024  AGENDA ITEM: 4  ADJOURNMENT: Announcement by the Mayor - "The next regularly scheduled meetings of the City Council of the City of Lamesa will be August 20, 2024, at 5:30  P.M."