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HomeMy WebLinkAboutR-2026-130 Gaboton Group LLC - Federal Public Affairs Lobbyist and Legislative Services 2026-2027RESOLUTION NO. 2026-130 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GABOTON GROUP, LLC TO PROVIDE FEDERAL PUBLIC AFFAIRS LOBBYIST AND LEGISLATIVE SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00, INCLUDING FEES AND COSTS, EFFECTIVE OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2027; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment, and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids, if she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, Gaboton Group, LLC provides professional services in the fields of government and public affairs including legislative procedure and regulatory processes, public policy, federal appropriations, and grant programs administered by the federal government; and WHEREAS, the City of Dania Beach, Florida (“City”) deems it in its best interest to retain Gaboton Group, LLC to provide such services; and WHEREAS, lobbyist services are individualized, further, the success the City has achieved with Consultant’s firm, and the connections the Consultant has with the Federal Legislature, are the basis for the continued use of the Consultant’s services; and WHEREAS, Gaboton Group LLC proposes to provide these services for a total annual cost exceeding Fifty Thousand Dollars ($50,000.00), including costs, for the period beginning October 1, 2026 through September 30, 2027. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “Whereas” clauses are ratified and confirmed to be true and correct and they are made a part of and are incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes an Agreement with Gaboton Group, LLC for an annual amount exceeding Fifty Thousand Dollars ($50,000.00) for the retainer fees and out of pocket expenses approved by the City Manager; further, the proper City Officials are authorized to execute an agreement, a copy of which is attached as Exhibit “A”, and made a part 2 RESOLUTION #2026-130 of and incorporated into this Resolution by this reference, for such services and expenses; provided, however that no agreement will be effective unless and until it has been executed by all parties. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Agreement as are deemed necessary and proper for the best interests of the City. Section 4. That funding for the Federal public affairs and legislative services are planned and appropriated in the Fiscal Year 2025-2026 budget General Fund City Commission Professional Services Account No. 001-11-01-511-31-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on September 14, 2026. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY EXHIBIT “A” AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE GABOTON GROUP, LLC. The following is an agreement (this “Agreement”) dated ________________, 2026 between the City of Dania Beach, Florida, and the firm The Gaboton Group, LLC, hereinafter referred to as “The Gaboton Group". WHEREAS, The Gaboton Group provides professional services in the field of government and public affairs including legislative procedure and regulatory processes, public policy, Federal appropriations, and grant programs administered by the Federal government; and WHEREAS, the City of Dania Beach deems it in its best interest to employ The Gaboton Group to provide the City with services in the field of federal government and public affairs consulting, including legislative procedure and regulatory processes, public policy, Federal appropriations, and grant programs administered by the Federal government. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties hereto agree as follows: PART I - SPECIFIC PROVISIONS A. PROFESSIONAL SERVICES TO BE PROVIDED: The Gaboton Group will consult and advise City officials and staff, as requested, on Federal government and public affairs including legislative procedure and regulatory processes, public policy, Federal appropriations, and grant programs administered by the Federal government, including but not limited to: 1. Developing strategies to obtain and maximize Federal funding for Transportation and Infrastructure, Economic Development, Law Enforcement, Emergency Response, Educational and Technological Related Activities, including Shore Restoration Initiatives mutually agreed to in writing by the City and The Gaboton Group. 2. Coordinating the City’s Federal appropriations, authorizations, grants, legislation and policy related activities with the United States Congress and Federal agencies. 3. Access to The Gaboton Group’s new Grant Services Department and to assist the City to secure federal grant funding from federal agencies in Washington DC. 4. Monitor trends and priorities amongst the federal agencies, and The Gaboton Group will work to refine City grant proposals and insure they reflect City Administration funding objectives. 5. Maintain direct contact with Congressional Delegation members, and their staff in Washington and Florida. 2 6. Coordinate and convene local meetings with staff from the offices of US Representatives and Senators from the US Congress to update the City on legislation and policy. 7. Maintain contact with key officials from the United States House of Representatives and Senate on issues and interests involving the City. 8. Assisting to maintain contact with key officials from the Florida State legislature, and Committees staff, on issues and interests involving the City. 9. Advocating City’s interests to Federal Departments and Agencies as necessary; and 10. Two site visits per year to update and brief key City Officials and representatives on legislative activity and progress. 11. Seek opportunities for grants relating to the City’s Community Redevelopment Agency. 12. Seek opportunities for grants associated with the revitalization of Federal Highway, which included the portion located within the City’s Arts and Entertainment District. B. PAYMENT: The parties have determined the most efficient and economical method to compensate for The Gaboton Group’s services to be provided is by a monthly retainer with a not to exceed annual contract amount of Fifty Thousand Dollars ($50,000, not including costs The monthly retainer shall be deemed earned by The Gaboton Group upon the City being invoiced by The Gaboton Group. (i) MONTHLY RETAINER: The Gaboton Group’s compensation for the services provided hereunder shall be $4,166.66, per month. The Gaboton Group shall submit the monthly fee invoice at the first of each month, beginning on October 1, 2026. (ii) EXPENSES: The fees described in subsection (i) above include two (2) visits by The Gaboton Group personnel to the client offices. Such fees do not include, however, payment (reimbursement) for expenses incurred by The Gaboton Group, if any, in connection with (1) visits to the Client’s offices in excess of the number of visits set forth in the foregoing sentence, and (2) out-of-town travel undertaken by The Gaboton Group personnel at the advance written request of the client. Any reasonable and necessary costs incurred by The Gaboton Group in connection with such additional visits and out-of-town travel shall be paid (or reimbursed) by the Client upon presentation of reasonable back-up documentation; provided, however, no such expense shall exceed a maximum of Four Thousand Dollars ($4,000.00) for the term of the Agreement. PART II GENERAL PROVISIONS A. COOPERATION: The City of Dania Beach will cooperate, participate in meetings, and provide any information and documentation as may be reasonably requested by The Gaboton Group to enable the Firm to provide professional services. 3 B. STATUS OF THE GABOTON GROUP, LLC: The parties intend that The Gaboton Group, in performing its services, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. The Gaboton Group is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City of Dania Beach provides to its employees. C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING INVOICES AND MAKING PAYMENTS: All notices, invoices, and payments shall be made in writing and shall be given by electronic mail, U.S. mail or personal delivery. Notices, bills and payments sent by mail must be addressed as follows: City of Dania Beach: Candido Sosa Cruz, ICMA-CM City Manager 100 West Dania Beach Boulevard Dania Beach, FL 33004 (954) 924-6800 The Gaboton Group: The Gaboton Group, LLC 601 Pennsylvania Avenue, NW South Building, Suite 900 Washington, DC 20004 (202) 220-3151 D. NON-DISCRIMINATION: The Gaboton Group shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination in employment related to race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. COMPLIANCE: The Gaboton Group and the City of Dania Beach shall comply with the Lobbying Disclosure Act and all amendments and the Honest Leadership and Open Government Act of 2007. E. TERM OF AGREEMENT: This Agreement shall become effective October 1, 2025 and shall terminate on September 30, 206 or upon 30 days’ written notice by either party to the other with or without cause. F. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In addition, in special proceedings or other proceedings that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum. 4 G. ATTORNEY'S FEES; COSTS; VENUE: In the event that either party shall bring an action or proceeding for an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover, as part of such action or proceeding, reasonable attorney's fees, paralegal fees, and court costs at both trial and appellate levels. For the purpose of any suit, action or proceeding arising out of or relating to this Agreement, the parties hereby consent and agree to the jurisdiction and venue of state and federal courts in Broward County, Florida. H. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. No waiver, modifications, additions or addendum to this Agreement shall be valid unless in writing and signed by both The Gaboton Group and the City of Dania Beach, Florida. This Agreement may be extended by advance written mutual agreement. SIGNATURES ON THE FOLLOWING PAGES 5 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER