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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-118Temp. Reso. #12102 9/23/11 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011 _/ 1f 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 TWO HUNDRED (200) FREE FLU SHOTS TO TAMARAC RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC COMMUNITY CENTER ON A DATE TO BE DETERMINED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac Parks and Recreation Department and University Hospital Administrator's staff have coordinated a free flu shot program for Tamarac residents and City employees; and WHEREAS, University Hospital will donate and administer two hundred (200) flu shots to Tamarac residents and City employees; and WHEREAS, Tamarac residents & employees will be required to register and show identification 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; attached hereto as Exhibit "A"; and WHEREAS, the City of Tamarac does not intend to waive the City's sovereign immunity under Florida Law; and 1 Temp. Reso. #12102 9/23/11 Page 2 WHEREAS, everyone who receives a flu shot will receive a copy of the manufacturer's information and physician's summary sheet regarding contraindications connected to this inoculation, and sign a Consent Form & Waiver holding the City of Tamarac harmless from the potential effects of the flu shot; and WHEREAS, the Director of Parks and Recreation recommends approval; 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 University Hospital for the 2011 Free Flu Shot Program for City of Tamarac residents and 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. All exhibits attached hereto are hereby incorporated herein by this reference. SECTION 2: That the appropriate City Officials are hereby authorized to execute the Hold Harmless Agreement relating to University Hospital donating and administering two hundred (200) free flu shots to Tamarac residents and employees on a date to be determined. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp. Reso. #12102 9/23/11 Page 3 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. PASSED, ADOPTED AND APPROVED this /r� dayof 2011. Eav4fL PAMELA BUSHNE L MAYOR ATTEST: PETER M. J. RIC DSON, CRM, CMC CITY CLERK. \O%+�AMAW 111' .` ' • ��' RECORD OF COMMISSION VOTE: MAYOR BUSHNELL cr= DIST 1: COMM. SWENSOIN p .• �EA� Q� DIST 2: V/M GOMEZ J ' DIST 3: COMM. GLASSE = - ���'q90 DIST 4: COMM. DRESSLER_ I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. Q 4-t SAMUEL S. GOREN CITY ATTORNEY r r T Temp. Reso #12102 Exhibit "A" Page 1 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the // day of 20//, is made by and between the City of Tamarac, a municipal corporation, hereinafter referred to as the "CITY" and University Hospital Limited d/b/a University Hospital, 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 Limited d/b/a University Hospital is donating and administering two hundred (200) free flu shots to Tamarac residents and City employees on a date to be determined at the Tamarac Community Center, 8601 W. Commercial Blvd. Tamarac, FL 33351; 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 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: Nothing herein shall constitute a waiver of sovereign immunity by either party. SECTION 4: 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. UNIVERSITY HOSPITAL LIMITED D/B/A UNIVERSITY HOSPI71(-- By: /, / ,'yp� CHIEF EX CUTIV OFFICER W. Mark Rader ll ATTEST- OR AR Printed name of Corporate Secretary �s'CP\gr03 : 05 ATTEST: '/,, o Co \. � v (Printed Name) CIT OF TAMARAC By: vw�£ L k t PAMELA BUSHNELIJ MAYO R By: �.. MICHAEL C. CERNEC CITY MANAGER' . -:: � �-t 2 �, / /)"y l �� r w RIOARDSON / CLERKCITY Approved as to Form: A(MUEL S. GOREN CITY ATTORNEY