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Home My WebLink AboutCity of Tamarac Resolution (291)Temp. Reso. #9927 October 1, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-291 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 ONE THOUSAND (1000) FREE FLU SHOTS TO TAMARAC RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC COMMUNITY CENTER ON A DATE TO BE ANNOUNCED; 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 one thousand (1000) flu shots to Tamarac residents and City employees; and WHEREAS, Tamarac residents 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 WHEREAS, everyone who receives a flu shot will receive a copy of the Temp. Reso. #9927 October 1, 2002 Page 2 manufacturer's information and physicians 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 2002 Free Flu Shot Program for the City of Tamarac residents and City employees; attached hereto and made part hereof as Exhibit "A"°. 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 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 one thousand (1000) free flu shots to Tamarac residents and employees on a date to be announced. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso- #9927 October 1, 2002 Page 3 11 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 9t" DAY OF OCTOBER, 2002. ATTEST: MARION ENSON. CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �i MITCHELL S. K AFT CITY ATTOF dLY. - P 'JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE Temp. Reso. #9927 Exhibit "A" Page I HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the 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 one thousand (1,000) 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, 3601 W. Commercial Blvd. Tamarac, FL 33321. 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. SECT _ 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. SECT -ION 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. Temp. Reso. 99927 Exhibit "A" Page 2 UNjV-P-4R-$ITY HOSPITAL & CAL CEN ER PRESI N OF THE CORZORZTION Ja S, A.Cruickshank ATTEST: ; A CORPORATE SECRETARY Monique Myara CITY OF TAMARAC By. JOE SCHREIBER MAYOR By: Jeffrey L. Miller CITY MANAGER ATTEST: MARIC-)NI SWENSON CITY CLERK pprovg,d as to F IITC14ELL KRAFT CITY ATT&NEY Temp Reso -992., Exhibit "B" N/lan, ifnrlturer's Information and Phvsi%.ians Summary Sheet 2002 wil It B. be included and replaced here as Exhib T.Tnr ttno---` 927 Exhibit "C" INFLUENZA AACCINA.TI N2002-2003 " CONSENT ; FORM PLEASE COMPLETE THE FOLLOWING MEDICAL HISTORY: 1. Are you allergic to eggs? YES NO 2" Are you allergic to thimerisol? YE S 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 5yndror,,E,'� YES NO E. Are you allergic to latex? 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 2002-2003 FORMULA WARNINGS, PRECAUTIONS, AND CONTRAINDICATIONS. _, 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 2002- 2003 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, 1, 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 Date of Birth Address City State Zip Code Telephone ............ —. Date SignatuFe WitnessDate 7525 N.W. 88th Avenue, Tamarac, Florida 33321-24U I Telephone: (954) 724-1230 • Facsimile (954) 724-2454 Jeffrey L. Miller City Manager jeffm@tamarac.org Ms. Marlene Crep Senior AdvisorNolunteer Coordinator University Hospital and Medical Center 7201 N University Drive Tamarac, FL 33321 Dear Ms. Crep: October 14, 2002 I am pleased to advise you that at its meeting on October 9, 2002 the Tamarac City Commission approved a resolution 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 one thousand (1,000) free flu shots to Tamarac residents and City employees at the Tamarac Community Center on Friday, November 1, 2002, A copy of the approved resolution is enclosed for your files. Ms. Kathleen Margoles, Director of Parks and Recreation, will be your contact with the City concerning this matter. Please feel free to contact her at (954) 724- 2445. However, if there should be any problems of a serious consequence, I expect you to advise me directly and immediately. The City looks forward to working with you. Sincerely, Jeffrey L. Miller City Manager KM/rg9927 Enc. Cc: Kathleen Margoles, Director of Parks and Recreation Equal Opportunity Frnployer