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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 2 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: DISTRICT d: C/M ASRAMOWITa 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) '�-