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HomeMy WebLinkAboutR-2024-134 Gaboton Group LLC - Federal Public Affairs Lobbyist and Legislative Services 2024-2025RESOLUTION NO.2024-IW 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, IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00) EFFECTTVE OCTOBER 1, 2024 THROUGH SEPTEMBER 30, )ozs; pRovruNc FoR GoNFLICTS; FURTHER, PRovIDING FoR AN EFFECTIVE DATE. WHEREAS,GabotonGroup,LLCprovidesprofessionalservicesinthefieldsof govemment and public affairs including legislative procedure and regulatory processes, public policy, federal appropriations, and grant pfograms administered by the federal govemment; and WIIEREAS, the city of Dania Beach, Florida ("ciry") 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 total annual cost not to exceed Forty Five Thousand Dollars ($45,000.00) for the period beginning October 1, 2024 ttrotgh September 30, 2025. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COMIVISSION 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 ofand 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 out of pocket expenses approved by the City Manager not to exceed Four Thousand Dollars ($4,000.00); further, the proper city officials are authorized to execute an agreement, a copy ofwhich is attached as Exhibit "A", and made a part ofand incorporated into this Resolution by this reference, for such services and expenses; provided, however tlat no agreement will be effective unless and until it has been executed by all parties. Section3.ThattheCityManagerandCityAttomeyareauthorizedtomakeminor revisions to the Agreement as are deemed necessary and proper for the best interests of the City' Section4.ThatfundingfortheFederalpublicaffairsandlegislativeservicesare planned and appropriated in the Fiscal Year 2024-2025 budget General Fund city commission Professional Services Account No. 001- 1 l-01-51 1-31- 10' section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section6.ThatthisResolutionshallbeeffectivel0daysafterpassage. PASSED AND ADOPTED on L 2024. trnmaE, second bvMotion by FINAL VOTE ON ADOPTION Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV Unanimous Yes No ATTEST ELORA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: o SIS C ARCHIBALD MAYOR 2 E TTORNEY RESOLUTION #2024.t3+ 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 firmthe Gabo"ton Group, LLC, hereinafter referred to as "The Gaboton Group"' WHEREAS, The Gaboton Group provides professional services in the field of govemment urd pr,bti. afiairs including legislatire procedure and regulatory processes' public policy' Fedeial appropriations, and giant*programs administered by the Federal govemment; and WHEREAS, the city of Dania Beach deems it in its best interest to employ The Gaboton Group to provide the iity *itt services in the field of federal govemment and public affairs "onr,.,tting, including legislative procedure and regulatory processes, public policy' Federal appropriaiions, and grant programs administered by the Federal govemment' NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good ani valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties hereto agree as follows: EXHIBIT'A" consult c affairs Federal PART I - SPECIFI C PROVIS oNsI A PROFESSIONAL SERVICES T and advise City officials and staff, including legislative procedure appropriations, and grant programs administered by but not limited to: O BE PROVIDED: The Gaboton Group will as requested, on Federal governrnent and publi and regulatory processes, public policy, the Federal govemment, inc luding 1 Developing strategies to obtain and maximize Federal funding for Transportation and lnfraitructure, Economic Development, Law Enforcement, Emergency Response, Educational and Technological Related Activities, including Shore Resioration Initiatives mutually agreed to in writing by the City and The Gaboton Group. Coordinating the City's Federal appropriations, authorizations, grants, legislation and policy related aciivities with the United States Congress and Federal agencies. 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' 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 fu nding objectives. Maintain direct contact with congressional Delegation members, and their staff in Washington and Florida. 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. 2 3 4 5 6 B 7. Maintain contact with key officiats from the United States House of Representatives and Senate on issues and interests involving the City' g. Assisting to maintain contact with key officials from the Florida state legislature, and Corimittees 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' PAYMENT: The parties have determined the most efficient and economical method to compensate for Thi Gaboton Group's services to be provided is by a monthly retainer wittr- a not to exceed annual conhact amount of Forry-One Thousand Dollars ($41,000.00). The monthly retainer shall be deemed eamed by The Gaboton Group upon the City being invoiced by The Gaboton Group. (DMoNTHLYRETAINER:TheGabotonGroup'scompensationfortheservices provided hereunder shall be $3,416.00 per month. The Gaboton Group shall iubmit the monthly $3,416.00 fee invoice at the first of each month, beginning on October 1,2024. EXPENSES: The fees described in subsection (i) above include wo (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 a-ny, 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. A B (iD PART II GENE RAL PROVISIONS 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. 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 ofthe 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. 2 C METHoDANDPLACEoFGIVINGNoTICE,SUBMITTINGINVOICESAND MAKINGPAYMENTS:Allnotices,invoices,andpaymentsshallbemadeinwriting 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 (9s4) 924-6800 The Gaboton GrouP:The Gaboton GrouP, LLC 601 Pennsylvania Avenue, NW South Building, Suite 900 Washington, DC 20004 (202) 220-31s1 D. NON-DISCRIMINATION: The Gaboton Group shall comply with all applicable federal, State and local laws, rules and regulations in regard to nondiscrimination in employmentrelatedtorace,colo.,ancestry-,nationalorigin,religion'sex'age'marital staius, medical condrtion, or physical or mental disability' COMPLIANCE: The Gaboton Group and the City of Dania Beach shall comply with the ioUtyl"g Disclosure Act and all amendments and the Honest Leadership and Open Govemment Act of2007. E.TERMoFAGREB,MENT:ThisAgreementshallbecomeeffectiveoctober|,2024 andshallterminateonSeptemb30,2025orupon30days,writtennoticebyeitherparty to the other with or without cause. F. JURISDICTION: This Ageement and performance hereunder and all suits and special proceedingshereundershalbeconstruedinaccordancewiththelawsoftheStateof ilorida. rn addition, in special proceedings or other proceedings that may be brought arising out of, in connection with, or by reaion of this Agreement, the laws of the state of Florid"ashallbeapplicableandshall'govemtotheexclusionofthelawofanyother forum. G. ATTORNEY'S FEEs; coSTS; VENuE: In the event that either party shall bring an action or proceeding ior an alleged breach of any provision of this Agreement, the prevailing party strill be entitled to recover, as part of such action or proceeding' i.uronubi. attomey,s fees, paralegal fees, and court costs at both trial and appellate levels. For the purpose or any-suit, aition o. proceeding arising out of or relating to this Agreement, ihe parties hereby consent and agree to the jurisdiction and venue ofstate and federal courts in Broward County, Florida' 3 H ENTIREAGREEMENT:ThisAgreementconstitutestheentireagreementbetweenthe purti.. una supersedes all prior oial or written agreements' No waiver' modifications' uddition, or addendum to this Agreement shall be valid unless in writing and signed by bothTheGabotonGroupandtheCityofDaniaBeach,Florida.ThisAgreementmaybe extended by advance written mutual agreement' IN wITNEss oF THE FoREGOING, the parties have executed this Agreement on 2024. CITY OF DANIA BEACHATTEST ELORA RIERA, MMC CITY CLERK APPROVED AS TO LEGAL FORM: EVE A. BOUTSIS CITY ATTORNEY ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA, ICMA.CM CITY MANAGER 4 WITNESSES:CONSULTANT: The Gaboton GrouP, LLC Signature J.G PRINT Name PRINT Name Pres dent Signature Title Dated:2024. PRINT Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ! physical presence or E online notarization, on 2024, 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' Notary Public, State of My Commission Expires Print Narne J 5 Signature