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Home My WebLink AboutR-2026-009 Appointing Four (4) Special Magistrates (LOI 25-033)RESOLUTION NO. 2026-009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING GENDLER & GENDLER, PLLC, RAFAEL SUAREZ-RIVAS, EUGENE M. STEINFELD, P.A. AND NABORS GIBLIN & NICKERSON, P.A. TO ACT AS CODE COMPLIANCE SPECIAL MAGISTRATES FOR MUNICIPAL CODE COMPLIANCE PROCEEDINGS AND SETTING THE COMPENSATION FOR SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City utilizes a Special Magistrate system for code compliance; and WHEREAS, to ensure that the City adheres to best practices, including procurement practices, on November 18, 2025, the City issued Request for Letters of Interest (“lot”) No. 25- 033 for Special Magistrate Services; and WHEREAS, pursuant to the LOI, the City sought persons that are members in good standing with the Florida Bar and eligible to practice law in the State of Florida, with experience at providing the required Professional Special Magistrate Services; and WHEREAS, the City received four responses, all of which are qualified to provide Special Magistrate Services, however, one is not able to serve due to a potential conflict of interest; and WHEREAS, the City desires to utilize the services of three respondents to ensure that there is always a Special Magistrate available to oversee the Code Compliance hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission appoints Gendler & Gendler, PLLC, Rafael Suarez-Rivas. Eugene M. Steinfeld, P.A. and Nabors, Giblin & Nickerson, P.A., to act as Code Enforcement Special Magistrates for municipal code compliance proceedings. A copy of the proposed Special Magistrate Letter Agreement, which includes the compensation for services, is attached as Exhibit “A” and is made a part of and incorporated into this Resolution by this reference. Although, the appointees shall serve at the pleasure of the City Commission, pursuant to the LOI, the appointees are being provided a letter agreement with an initial two (2) year term, with an option to renew for two (2) additional two (2) year time periods for a cumulative total of 2 RESOLUTION #2026-009 six (6) years, using the same terms, conditions, and pricing of the original agreement provided that funds are available and appropriated by the City Commission. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect ten (10) days after its passage and adoption. PASSED AND ADOPTED on January 13, 2026. Motion by Commissioner Ryan, second by Commissioner Lewellen. 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: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY _______________, 2026 Address Subject: Special Magistrate Retainer Agreement Dear ______________, This Retainer Agreement shall confirm that you agree to act as a Code Compliance Special Magistrate for the City of Dania Beach (the “City”) under the following terms and conditions: 1. Pursuant to the authority provided by City Resolution No. 2026-___ which was adopted by the City Commission on January 13, 2026, this will serve as your appointment as a Special Magistrate for Code Compliance commencing on February 1, 2026. The Code Compliance Hearings are scheduled on the second Thursday of the month and begin at 9:00 a.m. You will serve at the pleasure of the City Commission on an as-needed basis. The City Code Compliance Division will reach out to you regarding scheduling. 2. It is agreed to that you will be compensated for your services on an hourly basis at the rate of One Hundred Fifty Dollars ($150.00) per hour, excluding travel time to and from Special Magistrate hearings and meetings. 3. It is also agreed to that you may bill for reasonable out-of-pocket expenses in connection with our Special Magistrate duties, including but not limited to, such ordinary expenses as postage, telephone calls (a copy of the telephone bill must be submitted with the request), photocopy charges ($0.15 per page) and courier charges. 4. As a Code Compliance Special Magistrate, you will be responsible for the preparation for and attendance at scheduled Special Magistrate Hearings, review of the final order(s) and such other duties as the City may assign to you. Additionally, you shall adhere to Chapter 162, Florida Statutes, Chapter 2, of the City Code of Ordinances and the City’s Zoning and Land Development Codes as they relate to Code Compliance matters, the Florida Rules of Civil Procedure, Rules of Evidence, and all other City ordinances relevant to Code Compliance. 5. It is further agreed to that you must submit a detailed invoice to the City Code Compliance Division, Attention: Barbara Urow, Code Compliance Manager, within fifteen (15) days after the end of the preceding month. Invoices shall include the date of the hearing over which you presided, the total number of hours worked (rounded to the nearest tenth), and a brief summary of the work performed. Any reimbursement of out-of-pocket expenses outlined above requires the submission of invoices, bills and receipts. If any errors are discovered in any invoice, City will inform you and will request revised copies of such invoices. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions, and the parties agree to cooperate by promptly conferring to resolve the disputed portion of the invoice. 6. This Agreement may be cancelled by the City upon five (5) days’ prior written notice with or without cause. Upon such termination, you shall be entitled only to such fees and costs earned as of the date of termination. In the event you deem it necessary to cancel this Agreement, you shall give thirty (30) days’ prior written notice to the City Attorney’s office. 7. In connection with the Special Magistrate duties, it is understood and agreed to that you shall neither represent clients in lawsuits, quasi-judicial proceedings, or administrative matters involving the City, nor shall you represent any client in a property-related matter with a reasonable potential of becoming a respondent before a Special Magistrate, so long as you serve as Special Magistrate for the City. Further, you shall not receive a referral fee for referring a current or future potential client to another attorney, if such client is pursuing or intends to pursue any claim against the City in a court of law, any arbitration hearing, or before a state or local government administrative board. 8. The City will indemnify and defend you in your capacity as a Special Magistrate for Municipal Code Compliance proceedings from any cause of action that may arise from the performance of your duties as Special Magistrate on behalf of the City, within the scope and course of your employment. Very truly yours, Agreed to and accepted by: Eve A. Boutsis, City Attorney ________________________ Signature PRINT Name Date: __________________, 2025 EAB:la