HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-138Temp. Reso. #11695
September 10, 2009
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009 / 3
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
FIVE HUNDRED (500) 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 administerfive hundred (500) 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
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Temp. Reso. #11695
September 10, 2009
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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 2009 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 five hundred (500) 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.
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Temp. Reso. #11695
September 10, 2009
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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 day of , 2009.
ATTEST:
MARION SWEf4SON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
/yrAM,UEVSL/GOREN
CITY ATTORNEY
BETH FLANSBAUM-TALABISCO
MAYOR
RECORD OF COMMISSION
MAYOR FLANSBAUM-TALABISCO
DIST 1:
COMM BUSHNELL 49
DIST 2:
VM ATKINS-GRAD G
DIST 3:
COMM. GLASSER —
DIST 4:
COMM. DRESSLER
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Temp. Reso # 11695
Exhibit "A"
Page 1
HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into on the 10-- day of ("), li,A , 20f�
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 five hundred (500) 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 HOSPITAL
By. �..
,CMEPF EXECUTIVE OFFICER
Lee Chaykin
(Printed Name)
ATTEST:
Printed name of Corporate Secretary
CITY OF TAMAR44—"—'5z
AC
By:
BETH FLANSBAUM-TALABISCO
MAYOR
O`
By:
11061 "JEFf REY L. MILLER
CITY MANAGER
ATTEST:
M,ARION SWENSON, CMC
CITY CLERK
Approved as to Form:
f---/ -S/ CnITY ATTORNEY