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