Resolution No. 2025-55 Currie Sowards Aguila Architects Agreement for Professional Architectural and Engineering Services Proposed Aventura High School RFQ 2025-04 - September 2, 2025CITY OF AVENTURA RESOLUTION NO. 2025-55
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE PROFESSIONAL SERVICES
AGREEMENT WITH CURRIE SOWARDS AGUILA ARCHITECTS FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
FOR THE PROPOSED AVENTURA HIGH SCHOOL PURSUANT TO
REQUEST FOR QUALIFICATIONS 2025-04; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 27, 2025, the City of Aventura ("City") issued Request for
Qualifications (RFQ) No. 2025-04 seeking qualified firms to provide professional
architectural and engineering services for the Proposed Aventura High School (the
"Services"); and
WHEREAS, twelve (12) proposals were received and deemed responsive through
a thorough due diligence review; and
WHEREAS, the Evaluation Committee, duly appointed by the City Manager and
comprised of both internal and external voting members, convened to review, score, and
rank the submissions; and
WHEREAS, the Committee established a final ranking based on written proposals
and oral presentations, identifying Currie Sowards Aguila Architects, Inc. (the
"Consultant") as the highest -ranked firm; and
WHEREAS, this process was conducted in full accordance with the City's
procurement policies and the Consultants' Competitive Negotiation Act (CCNA), Florida
Statutes §287.055; and
WHEREAS, on August 8, 2025, the City Commission approved Resolution No.
2025-48, selecting Currie Sowards Aguila Architects, Inc. to provide the Services and
authorizing the City Manager to negotiate an agreement with the Consultant, and
WHEREAS, the City Manager has negotiated the professional services agreement
in substantially the form attached hereto as Exhibit "A" (the "Agreement") with the
Consultant; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
City of Aventura Resolution No. 2025-55
Section 1. That each of the above -stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. That the City Commission approves the Agreement in substantially
the form attached hereto as Exhibit "A".
Section 3. That the City Commission hereby authorizes the City Manager to
execute the agreement with the Consultant for the Services, in substantially the form
attached hereto as Exhibit "A," subject to approval of the City Attorney as to form, content,
and legal sufficiency.
Section 4. 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
PASSED AND ADOPTED this 2nd day of September, 2025.
WARD S. WEINBERG, E
MAYOR
ATTE8'``
ELLISA L. HORVAT , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF AVENTURA
AND
CURRIE SOWARDS AGUILA ARCHITECTS, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the 2°d day of
September, 2025 (the "Effective Date"), by and between the CITY OF AVENTURA,
FLORIDA, a Florida municipal corporation, (the "City"), and CURRIE SOWARDS AGUILA
ARCHITECTS, INC., a Florida corporation (hereinafter, the "Consultant").
WHEREAS, the City desires certain Professional Architectural and Engineering
Services for Proposed Aventura High School (the "Project"); and
WHEREAS, the Consultant will perform Professional Architectural and Engineering
Services for Proposed Aventura High School on behalf of the City (the "Services"); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a
fee for the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Consultant and the City agree as follows:
1. Scone of Services.
I.I. The Consultant shall furnish the Services defined by the City's Request for Qualifications
No. 2025-04 for Professional Architectural and Engineering Services for Proposed
Aventura High School dated May 27, 2025 attached hereto as Exhibit "A", Consultant's
Qualification Proposal dated July 1, 2025 attached hereto as Exhibit "B", Consultant's
Fee Proposal attached hereto as Exhibit "C", and are incorporated herein by reference.
1.2. The Consultant shall furnish the Services and provide deliverables for various tasks for
the project, as requested by the City and detailed in a "Work Authorization" which the
City will provide the Consultant when engaging the Consultant to work on a specific
Proj ect.
1.3. Prior to commencement of work on a specific task, the Consultant will provide the City
with a lump sum or an hourly not to exceed cost set forth in the Work Authorization
calculated using the rates set forth on the Fee Schedule attached hereto.
1.4. If the City approves the lump sum or hourly not to exceed cost for the task, the City will
provide the Consultant with a Notice to Proceed to perform the Services set forth in the
Work Authorization. Consultant acknowledges that it shall not undertake to perform any
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Services on any task until it has received from the City the Notice to Proceed on such
task.
1.5. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the City.
1.6. The Consultant shall abide by the terms and requirements of the RFQ, as though fully set
forth herein.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through 3 years thereafter,
unless earlier terminated in accordance with Paragraph 8.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within terms of this Agreement, unless extended by the City Manager.
3. Comnensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the approved
cost set forth in the Consultant's Fee Proposal attached hereto as Exhibit "C".
3.2. Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the
percent complete if lump sum or on a time and materials basis if, depending on the Fee type
for each task invoiced. The City shall pay the Consultant in accordance with the Florida
Prompt Payment Act after approval and acceptance of the Services by the City Manager.
3.1. There will not be any fees charged to City by Consultant for travel, per diem, or
subsistence expenses, or travel time, unless specifically authorized in writing in advance
by City.
3.2. All required copies of documents will be furnished to City at no additional cost.
3.3. Consultant's invoices must contain the following information for prompt payment:
a. Name and address of the Consultant;
b. Purchase Order number;
C. Contract number;
d. Date of invoice;
e. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
f. Name and type of Services;
g. Timeframe covered by the invoice; and
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h. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection
of the invoice.
4. Sub -Consultants.
4.1. The Consultant shall be responsible for all payments to any sub -Consultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular sub -Consultant with the prior
written approval of the City Manager, which approval may be granted or withheld in
the City Manager's sole and absolute discretion.
5. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities: Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a Consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant's
Deliverables or Services are incorrect, not properly rendered, defective, or fail to
conform to City requests, the Consultant shall at Consultant's sole expense,
immediately correct its Deliverables or Services.
6.2. 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 applicable to and necessary to perform
the Services for City as an independent Consultant of the City. Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform
the Services and carry out its obligations under this Agreement in a professional and
first- class manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under
the laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
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person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days' written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents,
maps, and data pertaining to the Services and the project to the City, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
8.5. The Consultant shall have the right to terminate this Agreement for cause upon seven
(7) calendar days' written notice to the City, and Consultant shall be paid all sums due
under this Agreement up to the date of termination.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement
insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm
rated A-X or better by A.M. Best and qualified to do business in the State of Florida.
The insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents, and volunteers naming the City as additional insured. Any insurance
maintained by the City shall be in excess of the Consultant's insurance and shall not
contribute to the Consultant's insurance. The insurance coverages shall include at a
minimum the amounts set forth in this section and may be increased by the City as it
deems necessary or prudent.
a. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
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Product Liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Consultant. The General Aggregate
Liability limit and the Products/Completed Operations Liability Aggregate limit
shall be in the amount of $2,000,000 each.
b. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, sub -consultant or agent of the
Consultant shall be allowed to provide Services pursuant to this Agreement who
is not covered by Worker's Compensation insurance.
c. Business Automobile Liability with minimum limits of $1,000,000 per
occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Service Office, and must include Owned, Hired, and
Non -Owned Vehicles.
d. Professional Liability Insurance in an amount of not less than One Million
Dollars ($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by City and
prior to commencing Services. Each certificate shall include no less than (30) thirty -day
advance written notice to City prior to cancellation, termination, or material alteration
of said policies or insurance. The Consultant shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, including any extensions or renewals that may be granted
by the City. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The City reserves the right to inspect and
return a certified copy of such policies, upon written request by the City. If a policy is
due to expire prior to the completion of the Services, renewal Certificates of Insurance
shall be furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the City before any policy or coverage
is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the
City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and
Worker's Compensation Insurance, the City is to be specifically included as an
Additional Insured for the liability of the City resulting from Services performed by or
on behalf of the Consultant in performance of this Agreement. The Consultant's
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insurance, including that applicable to the City as an Additional Insured, shall apply on
a primary basis and any other insurance maintained by the City shall be in excess of and
shall not contribute to the Consultant's insurance. The Consultant's insurance shall
contain a severability of interest provision providing that, except with respect to the
total limits of liability, the insurance shall apply to each Insured or Additional Insured
(for applicable policies) in the same manner as if separate policies had been issued to
each.
9.4. Deductibles. All deductibles or self -insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment
of any deductible or self -insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color,
religion, sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorney's Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses
charged for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against demands, claims, losses, suits, liabilities, causes of action,
judgment or damages, to the extent caused by the negligence or intentional wrongful
conduct of the Consultant and persons employed or utilized by the Consultant in the
performance of this Agreement. Consultant shall reimburse the City for its expenses
including reasonable attorneys' fees and costs incurred arising from Consultant's
negligent act or performance or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
City nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The City is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
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12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand -delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private
postal service, addressed to the parties (or their successors) at the addresses listed on the
signature page of this Agreement or such other address as the party may have designated by
proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami -Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing consisting of this Agreement and the supplement supersedes any
prior oral or written representations. No representations were made or relied upon by
either party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same formality
as this document.
16. Ownershin and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information,
and all similar or related information (whether patentable or not) which relate to
Services to the City which are conceived, developed or made by Consultant during the
term of this Agreement ("Work Product") belong to the City. Consultant shall promptly
disclose such Work Product to the City and perform all actions reasonably requested by
the City (whether during or after the term of this Agreement) to establish and confirm
such ownership (including, without limitation, assignments, powers of attorney and
other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termination of this Agreement, have access to and the
right to examine and audit any records of the Consultant involving transactions related
to this Agreement. Consultant additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are transferred
to the City.
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16.3. Upon request from the City's custodian of public records, Consultant shall
provide the City with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in connection with
this Agreement are and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered
to the City in a format that is compatible with the City's information technology
systems. Once the public records have been delivered upon completion or termination
of this Agreement, the Consultant shall destroy any and all duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a). Florida Statutes, IF THE
CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Ellisa L. Horvath, MMC
19200 West Country Club Drive
Aventura, FL 33180
305-466-8901
horvathe(acityofaventura.com
17. Non-assignabili . This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the City's
area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the
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fullest extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall
be and remain an independent contractor and not an agent or employee of the City with
respect to all of the acts and services performed by and under the terms of this Agreement.
This Agreement shall not in any way be construed to create a partnership, association or any
other kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed
and shall be fully enforceable by either party.
23. Prohibition of Contingency 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.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein
by reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and the same
instrument.
26. Conflicts, In the event of a conflict between the terms of this Agreement and any exhibits
or attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all Consultants doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter
into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions
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on how to provide proof of the contracting entity's participation/enrollment in E-Verify,
please visit: https://www.everify.gov/faq/how-do-i-provide-proof-of-my-
participationenrollment-in-e-verify. By entering into this Agreement, the Consultant
acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-
Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited
to obtaining E-Verify affidavits from sub -consultants; and has executed the required
affidavit attached hereto and incorporated herein.
28. Noncoercive Affidavit. Noncoercive Affidavit. In accordance with Section 787.06, Florida
Statutes, the City requires all vendors executing, renewing or extending a contract with the
City to execute the required City affidavit, attesting that vendor does not use coercion for
labor or services.
[Remainder of page intentionally left blank. Signature pages follow.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year as first stated above.
CITY OF AVENTURA
By:
Bryan Pegues
City Manager
Attest
By:
Ellisa L. Horvath, MMC
City Clerk
CONSULTANT
By:
Printed Name:
Title:
Date:
Approved as to legal form:
By:
City Attorney
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