HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-171Temp. Reso. #11296
September 25, 2007
Rev. 1 — 10/11 /07
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- /7
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
FIVE HUNDRED (500) FREE FLU SHOTS TO TAMARAC
RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC
COMMUNITY CENTER ON OCTOBER 30, 2007;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Tamarac Parks and Recreation Department and University
Hospital & Medical Center Administrator's staff have coordinated a free flu shot
program for Tamarac residents and City employees; and
WHEREAS, University Hospital & Medical Center will donate and administer
five 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 & Medical Center
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
Temp. Reso. #11296
September 25, 2007
Rev. 1 — 10/11/07
Page 2
WHEREAS, everyone who receives a flu shot will receive a copy of the
manufacturer's information and physician's summary sheet regarding contra i nd ications
connected to this inoculation herein and made a part hereof as Exhibit "B" and sign a
Consent Form & Waiver holding the City of Tamarac harmless from the potential
effects of the flu shot attached herein and made a part hereof as Exhibit "C"; 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 & Medical Centerforthe 2007 Free
Flu Shot Program for the City of Tamarac residents and employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA: I
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 relating to University Hospital & Medical Center
donating and administering five hundred (500) free flu shots to Tamarac residents and
employees on October 30, 2007.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
I
Temp. Reso. #11296
September 25, 2007
Rev. 1 — 10/11/07
Page 3
I 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 q29t-lyday of 60A!4�� 2007.
BE R FI ANSBAI INA-1 *AA�BIS&b
1114YOV
ATTEST:
A
RECORD OF COMMISSION VOTE:
L'J"i '-:I �
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD 6t&z-1
DIST 3: V/M SULTANOF u6AI
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
kMUEL S. 36)OREN
CITY ATTORNEY
I
,rlj '3/C7_
0"', vi,
HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into on the �k-k day of 20�:,2
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 and
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 Limited d/b/a University Hospital and Medical Center
is donating and administering five hundred (500) free flu shots to Tamarac residents and
City employees on October 30, 2007, at the Tamarac Community Center, 8601 W.
Commercial Blvd, Tamarac, FL 33321; 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.
UNIVERSITY HOSPITAL LIMITED D/B/A
UNIVERSITY HOSPITAL AND MEDICAL
CENTER
By'. e� �' Z
,CALF EXECUTIVE OFFICER
(Printed Name)
ATTEST:
CITY OF TAMARAC
By: A&ce�"_
BETH FLANSBAUM-TALABISCO
MAYOR
By:
AEFrREY L. MILLER
CITY MANAGER
ATTEST:
J
-MARION SWENSON, CMC
CITY CLERK
Approved as to Form:
SAMUEL'5. GOF�tN
CITY ATTORNEY