HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-341Temp. Reso. #9230
December 11, 2000
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000 - ,371
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 & MEDICAL
CENTER RELATING TO UNIVERSITY HOSPITAL &
MEDICAL CENTER DONATING AND ADMINISTERING
EIGHT HUNDRED (800) FREE FLU SHOTS TO TAMARAC
RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC
COMMUNITY CENTER ON DECEMBER 21, 2000, OR ANY
SUBSEQUENT DATE IN THE EVENT OF CANCELLATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
nATF
WHEREAS, the Tamarac Parks and Recreation Department and University
Hospital & Medical Center Administrator's staff have coordinated this free flu shot
program for Tamarac residents and City employees; and
WHEREAS, University Hospital &_ Medical Center will donate and administer
eight hundred (800) flu shots to Tamarac residents and City employees; and
WHEREAS, Tamarac residents will be required to register and show
identification to receive the flu shots; and
WHEREAS, the City of Tamarac and Universit ry 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
Temp. Reso. #9230
December 11, 2000
Page 2
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WHEREAS, everyone who receives a flu shot will receive a copy of the
manufacturer's information and physicians summary sheet regarding contraindications
connected to this inoculation herein and made part hereof as Exhibit "C" and sign a
Release & Waiver holding the City of Tamarac harmless from the potential effects of
the flu shot attached herein and made part hereof as Exhibit "B"; and
WHEREAS, the Parks and Recreation Director and the Assistant City Manager
recommend approval.
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 & Medical Center for the 2000
Free Flu Shot Program for the City of Tamarac residents and City employees.
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.
Temp. Reso. #9230
December 11, 2000
Page 3
SECTION 4: If any clause, section, other park 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.
PASSED, ADOPTED AND APPROVED this 13t" day of December, 2000.
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ATTEST:
Ma`i 6n Swenson
�kTl CLERK
1 HEREBY CERTIFY that I have
aDixoved this RESOLUTION as
11TCHELL S.
CITY ATTOF
11
1/OE SCHREIBER
MAYOR
RECORD OF COMMISSION V TB
MAYOR SCHREISER . /�
CWT 1: COMM. PORTNEtt_
DaT 1: COMM. MISHKIN .J
DIET w COMM. SULTANOF
Dw * VIM ROBERTS ..
Temp. Reso. #9230
Exhibit "X
Page 1
HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into on the /3 day of , 2000 is
made by and between the City of Tamarac, a municipal corporation, hereinafter referred to
as the "CITY" and 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, University Hospital & Medical Center is donating and administering
eight hundred (800) free flu shots to Tamarac residents and City employees on Thursday,
December 21, 2000 or any subsequent date in the event of cancellation, at the Tamarac
Community Center, 8601 W. Commercial Blvd.
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 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year first above written.
Temp. Reso. #9230
Exhibit "A"
Page 2
UN VERSIT HOSPITAL &
MEOICAL CENTER
Arm,
:MOP
l- e! I, im , --, - -A
ATTEST:
CORPORATE SECRETARY
CITY OF TAMARAC
1
By. U��
MOE SCHREIBER
MAYOR
By:
Joey L iller
CITY MANAGER
ATTEST:
MARION SWENSON
CITY CLERK
Form: r'
MITCHELL S. K
CITY ATTORN