HomeMy WebLinkAboutR-2019-131 City authorizing to execute an agreement without competitive bidding and without advertisement for bids, w/ Gaboton Group, LLC to provide Federal Public Affairs Lobbyist & Legislative Svcs RESOLUTION NO. 2019-131
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 RETROACTIVELY
TO OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020; 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
Thousand Nine Hundred Ninety Two Dollars ($40,992.00)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 retroactively to October 1, 2019 through September 30, 2020;
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 Thousand Nine Hundred Ninety Two Dollars
($40,992.00) 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 2019-2020 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 October 28, 2019.
ATTEST: ����► Bf AC'y
f Q
THOMAS SCHNEIDER, CMC 1,60LEALLEN
CITY CLERK ti MAYOR
Is
APPROVED AS TO FORM AND CORRECTNESS:
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THOM S J. A S O
CITY A]
2 RESOLUTION#2019-131
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.
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.
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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, 2019.
(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.
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.
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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 Garcia
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.
E. 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.
F. TERM OF AGREEMENT: This Agreement shall become effective, retroactively to
October 1, 2019 and shall terminate on September 30, 2020 or upon 30 day's written
notice by either party to the other with or without cause.
G. 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.
H. 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.
I. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral or written agreements. No waiver, modifications,
5 RESOLUTION#2019-131
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
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IN WITNESS OF THE FOREGOING, the parties have executed this Agreement
effective as of , 2019.
ATTEST: CITY OF DANIA BEACH
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM:
ANA M. GARCIA, ICMA-CM
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
7 RESOLUTION#2019-131
WITNESSES: CONSULTANT:
The Gaboton Group, LLC
Signature Signature
Joshua J. Gaboton
PRINT Name PRINT Name
President
Signature Title
Dated: 12019
PRINT Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me on 2019, by
Joshua J. Gaboton, as President of The Gaboton Group, LLC, on behalf of the company. He/she
is personally known to me or has produced
as identification.
Notary Public, State of
My Commission Expires:
Print Name
8 RESOLUTION#2019-131