HomeMy WebLinkAboutR-2021-137 Gaboton Group, LLC Agreement for Federal Public Affairs Lobbyist and Legislative ServicesRESOLUTION NO.2021-137
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS, WITH GABOTON GROUP, LLC
TO PROVIDE FEDERAL PUBLIC AFFAIRS LOBBYIST AND
LEGISLATIVE SERVICES, IN AN AMOUNT NOT TO EXCEED FORTY
FIVE THOUSAND DOLLARS ($45,000.00) EFFECTIVE OCTOBER 1, 2021
THROUGH SEPTEMBER 30, 2022; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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, Gaboton Group, LLC proposes to provide these services for a monthly
retainer of Three Thousand Four Hundred Sixteen Dollars ($3,416.00), not to exceed Forty One
Thousand Dollars ($41,000.00) plus out-of-pocket expenses approved by the City Manager not
to exceed a total of Four Thousand Dollars ($4,000.00) for a period beginning October 1, 2021
through September 30, 2022;
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 not to exceed Forty One Thousand Dollars ($41,000.00) for the
retainer fees and a sum not to exceed Four Thousand Dollars ($4,000.00) for reimbursable
expenses; further, the proper City Officials are authorized to execute an agreement, a copy of
which is attached as Exhibit "A", and made a part 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 public affairs and legislative services are planned and
appropriated in the Fiscal Year 2021-2022 budget General Fund City Commission Professional
Services Account No. 001-11-00-511-31-10.
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 in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 13, 2021.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK OSHE�1�
APPROVED AS TO FAND CORRECTNESS:
THOMA J. S RO
CITY ATTO
TAMARA JAMES
MAYOR /
2 RESOLUTION #2021-137
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF DANIA BEACH, FLORIDA, AND THE GABOTON GROUP, LLC.
The following is an agreement (this "Agreement") 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, 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.
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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.
6. Coordinate and convene local meetings with staff from the offices of
Representative Debbie Wasserman -Schultz, Senator Marco Rubio and
Senator Rick Scott 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.
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 Forty -One
Thousand Dollars ($41,000.00). 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 $3,416.00 per month. The Gaboton
Group shall submit the monthly $3,416.00 fee invoice at the first of each
month, beginning on October 1, 2021.
(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
4 RESOLUTION #2021-137
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.
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: Ana M. Garcia, 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
5 RESOLUTION #2021-137
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,
2021 and shall terminate on September 30, 2021 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.
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
6 RESOLUTION #2021-137
IN WITNESS OF THE FOREGOING, the parties have executed this Agreement
on , 2021.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO LEGAL FORM:
THOMAS J. ANSBRO
CITY ATTORNEY
CITY OF DANIA BEACH
TAMARA JAMES
MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
7 RESOLUTION #2021-137
WITNESSES:
Signature
PRINT Name
Signature
PRINT Name
STATE OF
COUNTY OF
CONSULTANT:
The Gaboton Group, LLC
Signature
Joshua J. Gaboton
PRINT Name
President
Title
Dated:
2021
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, on , 2021, by Joshua J.
Gaboton, Jr. as President of The Gaboton Group, LLC, on behalf of the company. He is
personally known to me or has produced as identification.
My Commission Expires:
Notary Public, State of
Print Name
RESOLUTION #2021-137