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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-221Temp. Reso. IM First Revision Date: 09/29/95 Second Revision Date: 10/02/95 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-954V I 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 UNIVERSITY HOSPITAL RELATING TO UNIVERSITY HOSPITAL DONATING AND ADMINISTERING NINE HUNDRED FIFTY (950) FREE FLU SHOTS TO TAMARAC RESIDENTS AT THE TAMARAC RECREATION CENTER ON OCTOBER 26, 1995; PROVIDING FOR SEVERABILITY; -AND PROVIDINGE,OR AN EFFECTIVE DATE WHEREAS, the Tamarac Social Services Division and the University Hospital Administrator's staff have coordinated this free flu shot program for Tamarac residents; and WHEREAS, University Hospital will donate and administer nine hundred and fifty (950) 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 University Hospital 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 Temp. Reso. 7M 1 First Revision Date: 09/29/95 Second Revision Date: 10/02/95 WHEREAS, everyone who receives a flu shot will sign a release holding the City of Tamarac and University Hospital 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 University Hospital for the 1995 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. SECTION 2: That the appropiate City Officials are hereby authorized to execute the Hold Harmless Agreement attached herein and made part hereof as Exhibit "A". SEC,I1 N 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. N Temp. Reso. IM r— LJ 1 First Revision Date: 09/29/95 Second Revision Date: 10/02/95 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 0(- O�995. iDR�MAN ABRAMOWITZ MAYOR ATTEST: CAROL A. EVANS., 6 A CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION to farm. 7 MITCHELL S. CITY ATTO RECORD OF COMMISSION VOTE DIST. i s V / M KATZ DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIE DIST. 4: COMM. MACHEK 3 ,C'_ 9r-02 a I • HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the --I- day of OCA7ha-'� , 1995 is made by and between the City of Tamarac, a municipal corporation, hereinafter referred to as the "CITY" and University Hospital. Ltd., 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, University Hospital is donating and administering nine hundred fifty (950) free flu shots to Tamarac residents on Thursday, October 26, 1995 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: SECTION 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. SEQTIQN 2: 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. BF LION 3: 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 claim may be made after the termination hereof. Exhibit "A" 1� 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. WITNESS: lib Ire. c.Irna r+d e � ATTEST: 4��2 AA CAROL A. EVANS e-lq 0- CITY CLERK ►PITAL, LTD. T CITY OF TA AC By: NORMAN ABRAMOWITZ MAYOR In ROBERTS. NOE, JR. CITY MANAGER STATE OF FLORIDA COUNTY OF BROWARD Before me appeared Cindy Reilly -Jenkins and James A. Cruickshank this 18th day of October, 1995 both know personally to me. Ili che P. October 1 1995 roved as #o Form: u MITCHELL S. KWAFT CITY ATTORNEY i ,_ MICHEL P. GUY +: W COMMISSION N CC295802 EXPIRES E g; July 25, 1997 Rf ��, SONDEO THRU TROY FAIN INSURANCE, INC.