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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-202Temp. Reso. #6842 First Revision Date: 09/26/94 Second Revision Date: 09/28/94 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94-,2_0-;;L- 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 20, 1994; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 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; WHEREAS, the City of Tamarac will not waive the City's sovereign immunity under Florida Statutes; and Temp. Reso. #6842 First Revision Date: 09/26/94 Second Revision Date: 09/28/94 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 WHEREAS, the Tamarac City Commission hereby agrees that this project will benefit the residents of the City of Tamarac. 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 administration of the City of Tamarac is hereby authorized to execute the Hold Harmless Agreement attached herein and made part hereof as Exhibit "A". SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso. ft6842 First Revision Date: 09/26/94 Second Revision Date: 09/28/94 PASSED, ADOPTED AND APPROVED this ATTEST: Zlklg� CAROLA. I HEREBY CERTIFY that I have appWved this RESOLUTIOU ag v � MITCHELL S. CITY ATTO l� 4i -pt 06"4A--) day of 1994. "b� mrltw NORMAN ABRAMOWITZ MAYOR RECORD OF MAYOR ABRAMOWITZ DIST.1: V / M KATZ DIST. 2: C / M MISHKIN DIST. 3: C / M SCHREIBER DIST. 4: C / W MACHEK 1 �J First Revision Date: 09/26/94 Second Revision Date: 09/28/94 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the /day of _O—ItZ74 A- 1994 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". WITNESSETH WHEREAS, the City Commission 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 20, 1994 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 Statutes. SECTION 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. SECTION 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. K 0 0 First Revision Date: 09/26/94 Second Revision Date: 09/28/94 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. ATTEST: CAROL A. EVANS CITY CLERK Approved as to Form: MITCHELL S. K CITY ATTORN UNIVERSITY HOS By: AL, J7 M C R v, C &-.S OF TAMARAC • ♦ ♦ w ♦ • , ♦ 0. ROBERTS. NOE, JR. ?11' CITY MANAGER