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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-250Temp. Reso. 8017 Page 1 Revision Date 10/13/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97Q7,50 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 HOSPITAL & 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 NOVEMBER 6, 1997; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 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 WHEREAS, Columbia University Hospital & Medical Center will donate and 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 Columbia University 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. 8017 Page No. 2 Revision Date 10/13/97 WHEREAS, everyone who receives a flu shot will sign a release holding the City of Tamarac and Columbia University Hospital & Medical Center harmless from the potential effects of the flu shot and will receive a copy of the manufacturers 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 & Medical Center for the 1997 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 appropriate City Officials are 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 0) Temp. Reso. 8017 Page No. 3 Revision Date 10/13/97 of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �Jday of &b4t-, 1997. ATTEST: . -*JAL, A WASIOMW I HEREBY CERTIFY that I have W CITY ATTORNEY 1 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE Aclir DIST 2: WM MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS.- 3 I -] Exhibit "A" Temp. Reso. 8017 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the 1,o' day of , 1997 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". 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, Columbia University Hospital & Medical Center is donating and administering one thousand (1,000) free flu shots to Tamarac residents on Thursday, November E, 1997 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. 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. 0 Exhibit "A° 10 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. - WITNESS: COL UNIVERSITY HOSPIAVEEYtT/� „N CA � EI R. l ATTEST: CAROL A. EVANS CITY CLERK App ve as to Form: MITC ELL S. KRAFT CITY ATTORNEY By. CI OF TAMARAC Y B ��-�- LJ E SCHREIBER MAYOR -sr1�. 5, By: 5 ROBERTS. NOE, JR. CITY MANAGER