Resolution No. 2025-52 C.A.P. Government Inc. Agreement for Building Inspection and Plan Review Professional Consultant Services - September 2, 2025CITY OF AVENTURA RESOLUTION NO. 2025-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF AVENTURA AND C.A.P. GOVERNMENT, INC.
FOR BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL
CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable state law,
requested proposals from firms to perform Building and Plan Review Services in
accordance with ISQ #24-08-30-3; and
WHEREAS, pursuant to the above referenced procurement and Resolution No.
2024-65, the City Commission authorized the City Manager to negotiate a contract with
C.A.P. Government, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto between the City of Aventura and C.A.P.
Government, Inc. for building inspection and plan review professional consultant services.
Section 2. The City Manager is authorized to do all things necessary to carry out
the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Blachman, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Clifford B. Ain Yes
Commissioner Gustavo Blachman Yes
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Cindy Orlinsky Yes
Mayor Howard S. Weinberg Yes
City of Aventura Resolution No. 2025-52
PASSED AND ADOPTED this 2nd day of September, 2025.
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H WARD S. WEINBERG, Q.
MAYOR
ATTEST-
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
CITY OF AVENTURA
AGREEMENT FOR BUILDING INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT made and entered into this _ day of September, 2025 by and
between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P.
GOVERNMENT INC., 343 Almeria Avenue, Coral Gables, Florida, 33134, a
corporation, hereinafter referred to as "Consultant".
IN CONSIDERATION of the mutual covenants set forth in this Agreement, the
parties agree as follows-
1 . SCOPE OF SERVICES.
A. The Consultant agrees to provide plans review of building, structural,
electrical, mechanical and plumbing and inspections of building,
accessibility, roofing, electrical, mechanical, gas and plumbing
requirements as contained in the Florida Building Code, including any
Miami -Dade County High -Velocity Zone and City amendments thereto.
B. Services will be provided by Consultant personnel in accordance with the
job classifications contained in Exhibit "A". All such personnel shall be
and remain employees of Consultant, not the City.
C. The Consultant shall also provide additional support services as
reasonably requested by the City Manager relating to organization and
coordination of the various activities with City staff.
Both parties understand that City will employ its own Building Official as
defined by the Florida Building Code and F.S. 553 as well as a Process
Analyst. Plan Reviewers and Inspectors provided by the Consultant shall
coordinate their work through the City's Building Official. The Process
Analyst will oversee the transition of the Building Permit process to one
that is fully digital, including, as feasible, the option of off -site plan intake
and review. Permit Clerks provided by the Consultant shall coordinate
their work through the Department's Process Analyst.
2. FEES FOR SERVICES
A. The Consultant agrees to charge the City and the City agrees to pay the following
fees for the Consultant's services-
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For services provided pursuant to paragraph 1A, Consultant shall be
compensated at a rate equal to ninety percent (90%) and the City shall
receive ten percent (10%) of the gross building permit fee amounts
collected by the City.
ii. If the gross permit fees exceed Two -Hundred Thousand Dollars
($200,000) in any one or more month(s), Consultant's portion of those
exceeding fees for that month, or any like month, shall be reduced to sixty-
five percent (65%) and calculated on a calendar month basis and the City
shall receive thirty-five percent (35%). If the gross permit fees exceed
Five -Hundred Thousand Dollars ($500,000) in any one or more month(s),
Consultant's portion of those exceeding fees for that month, or any like
month, shall be reduced to fifty-five percent (55%) and calculated on a
calendar month basis and the City shall receive fifty percent (45%)
However, notwithstanding the above, the Consultant shall receive only
thirty-five percent (35%) of the gross building permit fees for all projects
owned, paid for and to be operated by the City unless otherwise
authorized by the City Manager for a large project with actual costs to
C.A.P. exceeding the resulting revenue
B. For services provided pursuant to Paragraph 1 C, additional support services,
City shall compensate Consultant at the rates shown in Exhibit "B" for the hours
worked by the Consultant and approved by the City.
C. City shall pay Consultant within thirty (30) days of invoice by Consultant
consistent with Florida's Prompt Payment Act.
3. TERM OF AGREEMENT
This Agreement shall become effective upon signature of both parties and shall
continue in full force and effect for a period of three (3) years. The City reserves the
right to extend the Contract for one (1) additional three (3) year term providing: (a) both
parties to the Contract agree to the extension and (b) all the terms, conditions and
specifications remain the same, subject to satisfactory performance by Consultant as
determined by the City Manager.
4. GENERAL TERMS AND CONDITIONS
A. All original I.D. cards, badges, sketches, tracings, computations, details,
design, calculations, work papers and other documents and plans that
may result from the Consultant providing Consultant -specified services
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shall be the property of the City. Upon termination of this Agreement or
upon request of the City during the term of this Agreement, any and all
such documents shall be delivered to the City by the Consultant.
B. Consultant shall provide all necessary vehicles, mobile phones and/or
radios and equipment for their employees to perform the services required
by this Agreement.
C. City shall provide badges, photo I.D., workspace and telephones for all
inspectors employed by Consultant to perform the services required by
this Agreement.
5. AUTOMATION, SUPPORT AND SOFTWARE
Consultant agrees to work with the City in order to implement a program that will
permit Consultant's personnel to enter data into an internet-based software application
that processes, tracks and monitors permit, plan review and inspection activity; contains
plan review comments and approvals; schedules pending and daily inspections and
records the date of issuance of the Certificate of Occupancy/Completion. City shall
provide the Consultant with access to information in the elected software application.
Consultant shall contribute up to $12,000 per year toward the purchase of the
necessary software and equipment to implement this program.
6. SERVICE STANDARDS
Consultant agrees to provide the services as required by paragraph 1A based on
the following standards for service:
A. Consultant shall seek to provide building inspections within twenty-four
(24) hours after the City's Community Development Department receives
a request for inspection during normal business days.
B. Plan reviews shall be completed within ten (10) working days after the
Community Development Department receives a request for plan review.
C. Consultant shall seek to maintain their personnel available for customer
service assistance during normal hours and as a minimum between 8.30
a.m. and 10.00 a.m. each business day.
7. INSURANCE
The Consultant shall at all times carry professional liability insurance, worker's
compensation insurance, public liability and property damage insurance, and
automotive public liability and property damage insurance within minimum policy limits
in the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar
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amount of workers' compensation coverage shall be as provided by Chapter 440, Fla.
Stat. The City shall be named as an additional insured on all of the above insurance
policies except for worker's compensation insurance. Each insurance policy shall state
that it is not cancelable without written notice to the City thirty (30) days prior to the
effective date of cancellation.
The consultant shall present to the City at contract initiation and maintain at all
times the $1,000,000 performance bond, as required by the ISQ (Invitation to Submit
Qualifications) in substantially the form attached as Exhibit C or other form as accepted
by the City.
8. ASSIGNMENT
This Agreement shall not be assignable by Consultant.
9. PROHIBITION AGAINST CONTIGENT FEES
The Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person(s),
company, corporation, individual or firm, other than a bona fide employee working solely
for the Consultant any fee, commission, percentage, gift or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
10. TERMINATION
This Agreement may be terminated by the City upon ten (10) days' written notice
with or without cause and by the Consultant upon ninety (90) days' written notice with or
without cause. Any scope of work performed by Consultant through the date of Notice
of Termination shall be paid by the City to the Consultant; however, it shall be within the
City's sole discretion to permit the Consultant to complete plans examination and/or
inspection on any one or more projects that the City may advise and the City shall pay
the Consultant its professional fees according to the terms of this Agreement.
11. NONEXCLUSIVE AGREEMENT
The services to be provided by the Consultant pursuant to this Agreement shall
be non-exclusive and nothing herein shall preclude the City from engaging other firms to
perform the same or similar services for the benefit of the City within the City's sole and
absolute discretion. The cost of those services will be deducted from the monthly
amount due to the Consultant.
12. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties.
This Agreement cannot be amended or modified without the express written consent of
the parties.
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13. WARRANTIES OF CONSULTANT
The Consultant hereby warrants and represents that at all times during the term
of this Agreement it shall maintain in good standing all required licenses, certifications
and permits required under federal, state and local laws necessary to perform the
services under this Agreement. A copy of all such required licenses, certifications and
permits shall be provided to the City.
14. ATTORNEYS' FEES
In the event any party hereto institutes litigation or arbitration to enforce its rights
or remedies hereunder, the party prevailing in such litigation or arbitration shall be
entitled to an award for costs and reasonable attorney fees incurred in connection with
such litigation or arbitration.
15. NOTICES
All notices and communications to the parties shall be in writing and shall be
deemed to have been properly given if transmitted by registered or certified mail,
postage pre -paid, or hand delivery. All notices and communications shall be effective
upon receipt. Notices shall be addressed as follows:
TO THE CITY: City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
TO THE CONSULTANT: Carlos A. Penin, P.E.
President
C.A.P. Government Inc.
343 Almeria Avenue
Coral Gables, Florida 33134
16. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of
Florida.
17. VENUE; WAIVER OF JURY TRIAL
A. The venue for any arbitration or litigation hereunder shall be in Miami -Dade
County, Florida.
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B. In the event of any litigation between the parties which in any way arise from
or concerns this Agreement or the services provided hereunder, the parties hereby
voluntarily waive any right to trial by jury.
18. PUBLIC RECORDS
The Consultant shall execute a new Public Records Addendum -
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this Agreement upon the terms and conditions above stated on the day and year first
above written.
CONSULTANT:
C.A.P_ Government Inc.
343 Alameida Ave n
111111
Coral G les Flor a 3313
By:
arlos A. Pen resident
Attest;
CITY
City of Aventura
19200 West Country Club Drive
Aventura, Florida 331 n)
By/?"/", -
Bryan p4gues
City Manager
Attest: f
Ellisa L. Horvath, NteU
City Clerk
Form Approved as to form:
Robert Meyers
City Attorney
EXHIBIT "A"
JOB CLASSIFICATIONS
A. Contract Project Manager: A consultant employee who will monitor and
coordinate the daily operations between the City and the Consultant.
B. Structural Plan Reviewer: A consultant employee who is certified by Miami
Dade County Board of Rules and Appeals, who is a Florida registered
Professional Engineer and who performs structural review of building permit
plans as mandated by the Florida Building Code.
C. Chief Building Inspector: A consultant employee who is certified by Miami
Dade County Board of Rules and Appeals and who performs all plans review and
field inspection of structural, building, A.D.A. and roofing components per
requirements of the Florida Building Code and is responsible for supervising
inspection activities of all trades, the Threshold Building and special inspectors.
D. Threshold Buildings Inspector, Mechanical, Plumbing and Electrical
Officials: Consultant employees who are delegated power by the Building
Official to enforce the Florida Building Code to interpret the Code requirements of
their respective trades and to supervise the construction activity and progress.
E. Building Official's Administrative Assistant
F. E-permit coordinator
G. Building Clerk Assistants: Consultant employees reporting to the City's
Process Analyst. The number of Clerks may increase and decrease during the
term of this agreement depending on agreed -upon permit workload and permit
revenue parameters determined jointly by the parties. These employees will
assist with the receipt and review of permit applications, coordination of received
inspection requests, distribution of inspections to the inspectors, plan reviews
and filing systems, administrative tasks pertaining to building recertifications,
Certificates of Occupancy (COs and TCOs), record retention functions for the
division, public records requests and coordination with the contracted scanning
company. The level of service Building Clerk Assistants as of contract initiation
is as listed in Exhibit D. Each adjustment to the staffing level shall be tracked
with a dated revision to Exhibit C.
H. Recertification Manager: A consultant employee that is qualified to review
and accept building recertification reports and has the management skills and
organizational abilities necessary to implement and enforce the County's building
recertification program as applies to the City of Aventura.
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EXHIBIT "B"
BUILDING DEPARTMENT SERVICES
HOURLY FEE SCHEDULE
POSITION
HOURLY RATE
$185.00
Building Official
$125.00
Professional Structural Engineering/Plans Examiner
$100.00
Professional Civil, Electrical, Mechanical Engineer
$100.00
Project Manager
$85.00
Engineer/Designer/Plans Examiner (Other than Structural)
$65.00
CADD Technician
$75.00
Field Inspector
$55.00
Zoning Inspector
$45.00
Administrative Assistant
$30.00
Clerical
$0.55/mile
Vehicle Travel with proper documentation
Cost + 10%
Out of Pocket (pass -through)
EXHIBIT "D"
Level of Service of Building Clerk Assistants at Contract Initiation
(these levels are to be adjusted periodically during the contract by mutual written agreement)
E-Permit Clerks: 3
In -person Permit Clerks: 3
Records Clerks: 1
I
A I A Document A312TM - 2010
Performance Bond
Bond No.
CONTRACTOR:
SURETY:
(Name, legal status and address)
(Name, legal status and principal place
of business)
This document has important legal
consequences. Consultation with
OWNER:
an attorney is encouraged with
(Name, legal status and address)
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
CONSTRUCTION CONTRACT
plural where applicable.
Date:
AIA Document A312-2010
combines two separate bonds, a
Dollars
Amount: Q
Performance Bond and a
Payment Bond, into one form.
Description:
This is not a single combined
(Name and location)
Performance and Payment Bond.
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: Dollars
Modifications to this Bond: ❑ None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name Name Attorney -in -Fact
and Title: and Title:
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORAdATION ONLY Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
AIA Document A312TM — 2010. The American Institute of Architects.
1
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312TM — 2010. The American Institute of Architects.
2
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
AIA Document A312TM — 2010. The American Institute of Architects.
3
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of addedparties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
AIA Document A312TM — 2010. The American Institute of Architects.
Signature:
Name and Title:
Address:
Attorney -in -Fact
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