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