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Home My WebLink AboutCity of Tamarac Resolution R-2003-237Temp. Reso. #10252 September 29, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- a 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 SIX HUNDRED (600) FREE FLU SHOTS TO TAMARAC RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC COMMUNITY CENTER ON THURSDAY, NOVEMBER 6, 2003; 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 Centerwill donate and administersix hundred (600) 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 will not waive the City's sovereign immunity under Florida Law; and Temp. Reso. #10252 September 29, 2003 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 Parks and Recreation Director 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 for the 2003 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 six hundred (600) free flu shots to Tamarac residents and employees on Thursday, November 6, 2003. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp- Reso. #10252 September 29, 2003 Page 3 1 E 1 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 22Id day of October, 2003. ATTEST: MARION S NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form MITCHELL S. (RAFT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS O DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS TR #10252. Exhibit B xall $xw - 1! — I - Hit Lein r if s�� ' r Mist � � 7� � � � � � � � �glit, lit Fil 11011 1 il-1 � x11,1f I ash _ -! Z .n filly xa s�s�_ xEll 3 r litS P -6 E H Hla!aEE 4g 5; $x — P $ is IT is a � k lE�s USSA e tatP j ol ac€ �11€Eli 15uR i OSSOtB 4� G 2 �.4 _ g zF� �� £�� .Q -;3.s �vRptE8�€ E X C'£n.s a`�c„�, € E`E_E S y- -� € t 3�g8 `Y a y Ei BPvhx a eF F3 R� g E g �iq��rt j}$a tell �+t !fFirH q vigic MI. 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Are you allergic to eggs? YES NO 2. Are you allergic to thimerisol? YES NO 3. Do you have an active respiratory disease or other active infectious disease at this time? YES NO 4. Are you pregnant or think you may be pregnant? YES NO 5. Have you ever had Guillain-Barre Syndrome? YES NO 6. Are you allergic to latex? YES NO IF YOU ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS, THE VACCINE MAY NOT BE GIVEN. PLEASE READ THE ATTACHED INFLUENZA VIRUS VACCINE USP TRIVALENT TYPES A AND B 2003-2004 FORMULA WARNINGS, PRECAUTIONS, AND CONTRAINDICATIONS. 1, , authorize the administration of a flu shot. I understand that there are possible risks associated with the flu shot and that there exists the possibility that I will have an adverse reaction. I have had an opportunity to discuss the potential medical consequences of a flu shot with my physician, and have read and understood this Consent Form and the attached influenza virus vaccine USP Trivalent Types A and B 2003- 2004 Formula warnings, precautions, and contraindications. I understand that there are potential benefits and risks associated with taking the influenza vaccine, and I request that it be given to me. In consideration of my receipt of a free flu shot, I, my heirs and assigns, agree to hold the City of Tamarac, its elected officials, officers, employees and agents harmless from any liability for adverse reactions or injuries, up to and including death, which I shall or may suffer as a result of receiving the flu shot, and for any claims, causes of action, damages, costs, expenses and attorney's fees which I or my heirs and assigns may have as a result of my receipt of flu shot Name Address Telephone Signature Witness City State Date Date Date of Birth Zip Code Temp. Reso. #10252 Exhibit "A" Page 1 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the ?�) ''W r G`e, `' 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 six hundred (600) free flu shots to Tamarac residents and City employees on a date mutually agreeable to City & University Hospital & Medical Center, 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 actor 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: 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. UNFV ,MF D CHIEF EX James Temp. Reso. #10252 Exhibit "A" Page 2 SITY HOSPITAL & L CETER UTIVE OFFICER Cruickshank A ATTEST: / CORPORAT SECRETARY CITY OF TA ARAC y: L.-7-- f JOE SCHREIBER MAYOR By: �,. JEFFR L-CMILLER 1 CITY MANAGER ATTEST: MARION S ENSON, CIVIC CITY CLERK Approve �fs to F 'w MI HELL S. K AFT CITY ATTORN Y