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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-2141 Temp. Reso. #11095 October 26,2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-,Ij'j 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 THREE HUNDRED (300) FREE FLU SHOTS TO TAMARAC RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC COMMUNITY CENTER ON NOVEMBER 16, 2006; 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 three hundred (300) 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. #11095 October 26, 2006 Page 2 1 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 herein and made part hereof as Exhibit "B" 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 "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 Center forthe 2006 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: 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 three hundred (300) free flu shots to Tamarac residents and employees on November 16, 2006. Temp. Reso. #11095 October 26, 2006 Page 3 1 1 1 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 of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisAAY OF ncA/, , 2006. ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. BETH w llA012 RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Temp. Reso. #11095 Exhibit "A" Page 1 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the A day of npJ. , 20-Q� 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 three hundred (300) free flu shots to Tamarac residents and City employees on November 16, 2006, 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. IF - ATTEST: ATTEST: 7 MARION SWENSON, CMC CITY CLERK Approved as to Form: 01 SAM'GO N CITY ATTO EY rl �7 Temp. Reso. #11095 Exhibit "X Page 2 UNIVERSITY HOSPITAL & f�Z CENTS i CHIEF EXjZCUTrgF- OFFICkR James A. Cruickshank CITY OF TAMARA By: -M4ila� BETH FLANSBAUM-TALABISCO MAYOR By: yl ;��eAe-3' (, / %el--'r, J FRE ILLER CITY MANAGER