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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-223Temp. Reso. 7541 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96=2; 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND COLUMBIA UNIVERSITY HOS_P_ITALA MEDICAL CENTER RELATING TO COLUMBIA UNIVERSITY HOSPITAL &, MEDICAL CENTER DONATING AND ADMINISTERING ONE THOUSAND (1,000) FREE FLU SHOTS TO TAMARAC RESIDENTS AT THE TAMARAC RECREATION CENTER ON OCTOBER 24, 1996; PROVIDING FOR SEVERABILITY; ANQ_PROVIDING FOR AN, EFFECTIVE DATE. WHEREAS, the Tamarac Social Services Division and the Columbia University Hospital & Medical Center Administrator's staff have coordinated this free flu shot program for Tamarac residents; and art oil nIff-1111r, M--q administer one thousand (1,000) flu shots to Tamarac residents; and WHEREAS, Tamarac residents will be required to pre -register, show identification, and provide proof of residency to receive the flu shots, and WHEREAS, the City of Tamarac and Columbig Qniver�ity Hospital & Medical Center administrators agree that it is in the public interest to establish and execute a Hold Harmless Agreement; and WHEREAS, the City of Tamarac will not waive the City's sovereign immunity under Florida Law; and 11 Temp. Reso. 74 . WHEREAS, everyone who receives a flu shot will sign a release holding the City of Tamarac and Columbi„g.,Univgrsity Hospital & Medical Center harmless from the potential effects of the flu shot and will receive a copy of the manufacturer's information regarding contraindications connected to this inoculation; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a Hold Harmless Agreement with Columbia University Hospital & MedicalCenter for the 1996 Free Flu Shot Program for the City of Tamarac residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. aEQTION 2: That the appropiate City Officials are hereby authorized to execute the Hold Harmless Agreement attached herein and made part hereof as Exhibit °A". ,9EQTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 2 Temp. Reso. 7541 1 SECTION 5_ This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have aaoroved this RESOLUTION as TCHELLJ9: KR CITY ATTORN day of d GfAbed ,1996. JN&YW!(-k ilj!!� RMAN ABRAMOWITZ MAYOR RECORD OF COMMISSION VOTE MAYOR DIST 1 MST 2: DIST 3: DIST 4: 91 J�7 - 9( z>), X3 L HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the day of he*- , 1996 is made by and between the City of Tamarac, a municipal corporation, hereinafter referred to as the "CITY" and Columbia University Hospital & Medical Center, a private corporation, hereinafter referred to as "HOSPITAL". WHEREAS, the City Council of the City of Tamarac has determined that the execution of this Hold Harmless Agreement is in the public interest; and WHEREAS, Columbia University Hospital & Medical Center is donating and administering one thousand (1,000) free flu shots to Tamarac residents on Thursday, October 24, 1996 at the Tamarac Recreation Hall, 7501 North University Drive; and WHEREAS, the City is providing the premises and logistical support for administration of the flu shot program. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTIQN 1: The CITY shall indemnify and hold harmless the HOSPITAL from and against any and all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the implementation of this flu shot program when due to any negligent act or omission on the part of the CITY, its officers, employees and agents. Nothing contained herein shall be deemed a waiver of the CITY's sovereign immunity under Florida Law. The HOSPITAL shall indemnify and hold harmless the CITY from and against any and all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the implementation of this flu shot program when due to any negligent act or omission on the part of the HOSPITAL, its officers, employees and agents. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the 46 claim may be made after the termination hereof. Exhibit "A" 0 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. WITNESS: ATTEST: CAROL A. EVANS CITY CLERK Ap roved as to Form: MITCHELL S. KRAFT CITY ATTORNEY COLUMBIA UNIVERSITY HOSPITAL ITY OF TAMX— ORMAN By: q104--mAe ABRAMOW ITZ MAYOR By: 7 ROBERTS. NOE, JR. CITY MANAGER ^k