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2001-012RESOLUTION NO. 2001-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE AVENTURA TURNBERRY JEWISH CENTER, BETH JACOB, TAUBER SCHOOL, FOR LAW ENFORCEMENT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1, The City Manager is hereby authorized to execute the attached Agreement with the Aventura Turnberry Jewish Center, Beth Jacob, Tauber School, for law enforcement 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 Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder yes yes absent absent from the room yes absent from the room yes Resolution No. 2001- l_._z Page 2 PASSED AND ADOPTED this 6th day of February, 2001. ATTEST: ~ APPROVED AS TO LEGAL SUFFICIENCY: CITY~TTORNEY POLICE SERVICES AGREEMENT THIS AGREEMENT is entered into this6~ day of April 2001, by and between the CITY OF AVENTURA, FLORIDA, a Florida municipality (the "CITY") and AVENTURA TURNBERRY JEWISH CENTER, BETH JACOB, TAUBER SCHOOL, a private school (the "SCHOOL"). WHEREAS, SCHOOL operates a private religious school and provides for the education of over 300 hundred children within the CITY and within the region, and is responsible for the safety and welfare of these children; and WHEREAS, the security for a religious school creates special law enforcement demand; and WHEREAS, the City of Aventura Police Department has found that considerable police presence is necessitated to provide law enforcement services at the SCHOOL, and frequently devotes the time and effort of one or more law enforcement officers responding to security demands arising at the SCHOOL; and WHEREAS, the SCHOOL recognizes the need for law enforcement services created by a private religious school and desires to help of[set the CITY'S costs which result from the provision of law enforcement services at the SCHOOL above and beyond costs offset by ad valorem taxes and applicable fees; and WHEREAS, the City Commission finds that this Agreement constitutes a public purpose in providing for an offset of a portion of the cost of CITY'S law enforcement services. THE PARTIES HERETO DO COVENANT AND AGREE, AS FOLLOWS: Section I. Provision of Law Enforcement Services. Subject to CITY law enforcement personnel and resource limitations and the law enforcement priorities mhd discretion of the CITY'S Chief of Police, CITY shall provide the services of one law enforcement officer at the SCHOOL during operating hours. The equivalent of one law enforcement officer shall be situated and located at the SCHOOL for CITY'S convenience in providing security and avoiding unnecessary interruptions of regular CITY patrol. Section Il. Contribution. SCHOOL shall contribute the annual amount of Sixty Three Thousand ($63,000) Dollars payable, in advance on the first day of each month, in monthly installments, for the duration of this Agreement. This amount shall be subject to a Consumer Price Index (CPI) increase annually in April of each year. This contribution shall be over and above payments of applicable ad valorem taxes, impact fees and other fees as provided by law. Section IlL Term of Agreement. This Agreement shall be in full force and effect for a period commencing on the date of execution hereof and expiring three (3) years thereafter, and shall be subject to renewal upon agreement of the parties. The provisions of Section IV of this Agreement shall survive such expiration as to any incident or event occurring prior to expiration. CITY may cancel this Agreement upon thirty (30) days advance written notice to SCHOOL in the event that the City Commission determines that cancellation is necessary for CITY'S best interests. If so cancelled, a pro rata refund of contributions advanced pursuant to Section II above shall be made. Section IV. Indemnification and Insurance. A. SCHOOL shall defend, indemnify and hold harmless CITY and CITY'S officers, agents and employees fi:om any claim, demand or liability arising out of the negligence of SCHOOL or SCHOOL'S agents, servants or employees. SCHOOL shall make no claim against CITY or CITY'S officers, agents and employees concerning the CITY'S performance of this Agreement. Further, SCHOOL recognizes that CITY has not assumed any special duty or liability to SCHOOL as a result of this Agreement, and that CITY'S liability, if any, shall be solely as specifically provided by Section 768.28, Fla. Stat. B. SCHOOL shall provide comprehensive general liability insurm~ce coverage in an amount of at least $2,000,000 combined single limit for bodily injury and property damage and shall name CITY and CITY'S officers, agents and employees as additional insured. At all times during the term hereof a current copy of a Certificate of Insurance shall be provided by SCHOOL to the City Manager. Said certificate shall provide for at least thirty (30) days advance written notice to CITY prior to any change or expiration of liability insurance coverage. Section V. Cooperation. A. SCHOOL shall at all times cooperate with CITY'S police department in connection with the performance of this Agreement and shall provide interior and exterior space, approved by CITY'S Police Chief, for staging and conduct of law enforcement activities hereunder. B. SCHOOL shall continue to provide private security guard services, as needed, for the safety of students and for protection of property and prevention of theft, at SCHOOL'S sole cost and expense, and nothing in this Agreement shall relieve SCHOOL of any responsibility or liability imposed by law. Additionally, any arrangements made by SCHOOL for off-duty law enforcement services shall be independent of this Agreement. Section VI. Force Majeure. Neither party hereto shall be liable for its failure to carry out its obligations under this Agreement during any period when such party is rendered unable, in whole or in part, by force majeure to carry out such obligations, but the obligations of the party relying on such force majeure shall be suspended only during the continuance of any inability so caused and for no longer than the period of said anexpected or uncontrollable event, and such cause, so far as possible, shall be ren~died with all reasonable dispatch. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of force majeure shall be conditioned upon such party giving, to the other party, written notice of its assertion that a force majeure delay has commenc~l within ten (10) working days after such commencement, anless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by force majeure unless the failure to give timely notice causes material prejudice to the other 2 party. It is further agreed and stipulated that each party hereto shall make its best efforts to carry out its obligations under this Agreement during any period when such party is rendered, unable, in whole or in part, by force majeure to carry out such obligations. Section VII. Default. A. SCHOOL Evem of Default. Without limitation, failure by the SCHOOL to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by fome majeure, shall constitute a "SCHOOL Event of Default". If a SCHOOL Event of Default should occur, the CITY shall have all of the following rights and remedies which it m_ay exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to SCHOOL hereunder are terminated, effective upon such date as is designated by the CITY provided, however, th~at an Event of Default shall be defined to consist of a default that shall occur by the default in performance of any of the covenants and conditions required heroin to be kept and performed by SCHOOL and such default continues for a period of thirty (30) days after receipt of written notice from the CITY of such said default. Provided that (1) if the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default and (2) SCHOOL shall commence good faith efforts to cure such default no later than thirty (30) days after such notice, and (3) such efforts are prosecuted to completion, to CITY'S reasonable satisfaction, then it shall be deemed that no Event of Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of Florida~ B. CITY Event of Default. Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by force majeure, shall constitute a "CITY Event of Default". If a CITY Event of Default should occur, the SCHOOL shall have the following rights and remedies which it may exemise singly or in comb'marion: 1. The right to declare that this Agreement together with all rights granted to CITY thereunder are terminated, effective upon such date as designated by the SCHOOL; provided, however, that an Event of Default shall be defined to consist of default that shall occur by the default in performance of any of the covenants and conditions required herein to be kept and performed by CITY and such default cominues for a period of thirty (30) days after receipt of written notice from the SCHOOL of said default. Provided that (1) if the nature of the default is such tb~at it cannot be cured in a period of thirty (30) days from the date of the default, and (2) CITY shall commenee good faith efforts to cure such default, no later than thirty (30) days after such notice, and (3) such eftbrts are diligently prosecuted to completion to SCHOOL'S reasonable satisfaction, then it shall be deemed that no Event of Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. 3 Section VIII. Goveming Law. This Agreement shall be governed by and constmed in accordance with the laws of the State of Florida. The parties agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Section IX. Ent'aety of Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire Agreement between the parties as to the matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by written agreement duly executed by both parties hereto or their authorized representatives. Section X. Headings. Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section XI. Rights of Others. Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by mason of this Agreement. Section XII. Waiver. There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not he deemed a waiver of the same right at a later time, or of any other right under this Agreemem. Section XIII. Invalidity of Provisions, Sevembilkv Wherever possible, each provision of this Agreement shall he interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be proha'bited or invalid under applicable law, such provision shall he ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Section XIV. Notice. Notices to CITY provided for herein shall he sufficient if sent by Federal Express or certified ma'd, retum rece'rpt requested, postage prepaid, addressed to City Manager at 2999 N.E. 191~ Street, Suite 500, Aventura, Florida 33180, and notices to SCHOOL, if sent by Federal Express or certified mail, return receipt requested, postage prepaid addressed to SCHOOL at 4 , Aventura, Florida 33180 or such other respective address as the parties may designate to each other in writing from time to time. This Agreement shall be effective upon the date first indicated above. CITY OF AVENTURA_a Florida municipality/ Approved..~ ~ ~RKL.- ~(~ITY ATTORNEY 5 AVENTURA TURNBERRY JEWISH CENTER BETH JACOB TAUBER SCHOOL Name..~x~ 0 A) ~ ~} ~/~J- Agc~-/g~ 6