HomeMy WebLinkAboutCity of Tamarac Resolution R-92-1391
Temp. Reso. #6346
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92-13�,
A RESOLUTION OF THE CITY COUNCIL 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 ONE
THOUSAND (1,000) FREE FLU SHOTS TO TAMARAC
RESIDENTS AT THE TAMARAC RECREATION CENTER ON
NOVEMBER 4, 1992; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Manager's Office and the University
Hospital Administrator's staff have coordinated an annual free flu
shot program for Tamarac residents; and
WHEREAS, University Hospital will donate and administer one
thousand (1,000) free flu shots to Tamarac residents; and
WHEREAS, Tamarac residents will be required to show
identification and to pre -register to receive the flu shots; and
WHEREAS, the City of Tamarac and University Hospital
administrators agree that it is necessary to establish and execute
a Hold Harmless Agreement; and
WHEREAS, it is necessary that the City of Tamarac shall hold
University Hospital harmless from any and all claims, causes of
action, damages, costs, expenses and attorney fees which the
hospital shall suffer by virtue or defense of, or response to, any
claim being made against it in connection with administering of
flu shots to City residents; and
WHEREAS, the City of Tamarac will not waive the City's
sovereign immunity under Florida Statutes; and
WHEREAS, the Tamarac City Attorney has reviewed the
provisions of the Hold Harmless Agreement; and
WHEREAS, everyone who receives a flu shot will sign a release
holding the City of Tamarac harmless from the potential effects of
the flu shot; and
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Temp. Reso. #6346
WHEREAS, the Tamarac City Council hereby agrees that this
project will benefit the residents of the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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.
That the administration of the City of Tamarac
is hereby authorized to execute the attached 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.
SECTIQN 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_ This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this '"( wday of 1992.
H.L. BENDER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
Iff CLUTION as to fQrm-
MITCHELL S.
CITY ATTC
(F1uShot.ms)
RECORD OF COUNCIL VOTE
MAYOR. BENDER
DISTRICT 1: ---QM.KAT
DISTRICT : VIM 'SCHLU,,, Ng N --
DISTRICT 3:
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HOLD HARMLESS AGREEMENT
Ai
THIS AGREEMENT entered into on the day of
1992 is made by and between the City of Tamarac, a
ipal corporation, hereinafter referred to as the "City" and University
Hospital, a private corporation, hereinafter referred to as "Hospital".
WITNESSETH
WHEREAS, the City Council of the City of Tamarac has determined that
the execution of this Hold Harmless Agreement is in the public interest.
WHEREAS, University Hospital is donating and administering one
thousand (1,000) free flu shots to Tamarac residents on Wednesday, November
4, 1992 at the Tamarac Recreation Hall.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration received from University Hospital
and in consideration of the mutual covenants contained herein, the parties
agree as follows:
SECTIQtA 1: The City of Tamarac shall hold University Hospital harmless
from any and all claims, causes of action, damages, costs, expenses and
attorney fees which the hospital shall suffer by virtue of the defense of, or
response to, any claim being made against it in connection with the
administering of flu shots to city residents at City Hall in the City of Tamarac.
Nothing contained herein shall be deemed a waiver of the City's sovereign
immunity under Florida Statutes.
SECTION 2: 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals on the day and year first above written.
WITNESS-
72
ATTEST:
CAROL A. EVANS, CITY CLERK
as to Form:
MITCHEL S. KRAFT,
CITY ATTORNEY
AG ER
(ATY OF TAMARAC
A11HOVED AT MEETING OF q -2 :G) '�-