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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-302Temp. Reso. #8410 October 5, 1998 Page 1 Revision #1, 10/08/98 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98.3 c 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 (1,000) FREE FLU SHOTS TO TAMARAC RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC RECREATION CENTER ON OCTOBER 28, 1998; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac Social Services Division and the University Hospital & Medical Center Administrator's staff have coordinated this free flu shot program for Tamarac residents and City employees; and WHEREAS, University Hospital & Medical Center will donate and administer one thousand (1,000) flu shots to Tamarac residents and City employees; and WHEREAS, Tamarac residents will be required to pre -register, show identification, and provide proof of residency 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; and WHEREAS, the City of Tamarac will not waive the City's sovereign immunity under Florida Law; and Temp. Reso. #8410 October 5, 1998 Page 2 Revision #1, 10/08/98 WHEREAS, everyone who receives a flu shot will sign a release holding the City of Tamarac harmless from the potential effects of the flu shot and will receive a copy of the manufacturer's information regarding contraindications connected to this inoculation; 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 Universit Hos ital & Medical Center for the 1998 Free Flu Shot Program for the City of Tamarac residents and City 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 attached herein and made part hereof as Exhibit "A". 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 Temp. Reso. #8410 October 5, 1998 Page 3 Revision #1, 10/08/98 of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 14th day of October, 1998. ATTEST: CAROL(OLD . CITY CLERK I HEREBY CERTIFY that I have JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCr!.REIBER DIST 1: 9Q-\4ffr Mr-KAYE DIST 2: V/iV�+MISHKIN y� < DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS Tempo. Reso #8410 Exhibit B FLU SHOTS OCTOBER 28, 1998 RELEASE This agreement entered into between the City of Tamarac and PRINT NAME 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 received a copy of the manufacturers information regarding precautions and contraindications related to this shot. In consideration of my receipt of a free flu shot, I agree to hold the City of Tamarac, its officers, employees and agents harmless from any adverse reactions or injuries, up to and including death, claims, causes of action, damage, costs, expenses and attorney's fees which I shall or may suffer as a result of receiving the flu shot. I further particularly understand that I release the City of Tamarac, its officers, employees and agents from all responsibility from any damage that I or my successors may sustain from the flu shot or its administration. Witness Witness Please sign your name Address Telephone Number Date of Birth Medicare Number Temp. Reso. #8410 Exhibit A Page 1 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the day of , 1998 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 Thursday, October 28, 1998 at the Tamarac Recreation Hall, 7501 North University Drive; 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: 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. Exhibit "A" Temp. Reso #8410 Exhibit A Page 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. UNIVERSITY HOSPITAL & MEM'CAL CENTER PRESIOENlf Oft THE CORPORATION ORATE iSECRETARY CI OF TAMARAC By: Z- �/JOE SCHREIBER MAYOR ROBERTS. NOE, J CITY MANAGER ATTEST: /r�� CAROL 036LD CITY CLERK Approved as to Form: wn I vl IL6-L V. F%VVn CITY ATTORNEY Temp. Reso. #8410 October 5, 1998 Page 1 Revision #1, 10/08/98 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 '-3 v c� 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 (1,000) FREE FLU SHOTS TO TAMARAC RESIDENTS AND CITY EMPLOYEES AT THE TAMARAC RECREATION CENTER ON OCTOBER 28, 1998; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac Social Services Division and the University Hospital & Medical Center Administrator's staff have coordinated this free flu shot program for Tamarac residents and City employees; and WHEREAS, University Hospital & Medical Center will donate and administer one thousand (1,000) flu shots to Tamarac residents and City employees; and WHEREAS, Tamarac residents will be required to pre -register, show identification, and provide proof of residency 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; and WHEREAS, the City of Tamarac will not waive the City's sovereign immunity under Florida Law; and Temp. Reso. #8410 October 5, 1998 Page 2 Revision #1, 10/08/98 WHEREAS, everyone who receives a flu shot will sign a release holding the City of Tamarac harmless from the potential effects of the flu shot and will receive a copy of the manufacturer's information regarding contraindications connected to this inoculation; 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 1998 Free Flu Shot Program for the City of Tamarac residents and City 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 attached herein and made part hereof as Exhibit "A". 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 Temp. Reso. #8410 October 5, 1998 Page 3 Revision #1, 10/08/98 of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 14th day of October, 1998. ATTEST: CAROLGbLD CITY CLERK I HEREBY CERTIFY that I have amroved this RESOLUTION, MITCHELL S. CITY ATTOF JOE SCHREIBER MAYOR RECORD OF COMMISSIC)N VOTE MAYOR SGr'.REISER DIST 1: MWAYE DIST 2: VIIV "AISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS -' Tempo. Reso #8410 Exhibit B FLU SHOTS OCTOBER 28, 1998 RELEASE This agreement entered into between the City of Tamarac and PRINT NAME I 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 received a copy of the manufacturers information regarding precautions and contraindications related to this shot. In consideration of my receipt of a free flu shot, I agree to hold the City of Tamarac, its officers, employees and agents harmless from any adverse reactions or injuries, up to and including death, claims, causes of action, damage, costs, expenses and attorney's fees which I shall or may suffer as a result of receiving the flu shot. I further particularly understand that I release the City of Tamarac, its officers, employees and agents from all responsibility from any damage that I or my successors may sustain from the flu shot or its administration. Witness Witness Please sign your name Address Telephone Number Date of Birth Medicare Number Temp. Reso. #8410 Exhibit A Page 1 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on the day of , 1998 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 Thursday, October 28, 1998 at the Tamarac Recreation Hall, 7501 North University Drive; 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: 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. Exhibit "A" Temp. Reso #8410 Exhibit A Page 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. UNIVERSITY HOSPITAL & MeM-C'AL CENTER PORATE $WIETARY CI OF TAMARAC By: JOE SCHREIBER MAYOR ROBERT S. NOE, J CITY MANAGER ATTEST: CAROL GOLD CITY CLERK Approved as to Form: Irll 1 VI ILLL %J, F-,FNM CITY ATTORNEY