HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-113Temp. Reso. # 12561
October 7, 2014
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 113
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT FREE FLU
VACCINATIONS AND EXECUTE A HOLD HARMLESS
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
UNIVERSITY HOSPITAL RELATING TO UNIVERSITY
HOSPITAL DONATING AND ADMINISTERING
APPROXIMATELY ONE HUNDRED (100) FREE FLU
VACCINATIONS TO CITY EMPLOYEES AT THE CITY OF
TAMARAC ANNUAL EMPLOYEE HEALTH AND
EDUCATION FAIR ON NOVEMBER 13, 2014; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Tamarac Human Resources Department and University
Hospital Administrator's staff have coordinated free flu vaccinations for City
employees; and
WHEREAS, University Hospital will donate and administer approximately
one hundred (100) flu vaccinations to City employees; and
WHEREAS, the City of Tamarac and University Hospital Administrators
agree that it is in the public interest to establish and execute a Hold Harmless
Agreement in advance of the event described herein, and the Hold Harmless
Agreement is 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. # 12561
October 7, 2014
Page 2
WHEREAS, everyone who receives a flu vaccination will receive a copy of
the manufacturer's information and physician's summary sheet regarding
contraindications connected to this inoculation, and sign a Consent Form & Waiver
holding the City of Tamarac harmless from the potential effects of the flu
vaccination; and
WHEREAS, the Director of Human Resources recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to
be in the best interest of the citizens, employees, and residents of the City of
Tamarac to execute a Hold Harmless Agreement with University Hospital for the
2014 free flu vaccinations for City of Tamarac employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION L
The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are hereby incorporated herein by this
reference.
SECTION 2: That the appropriate City Officials are hereby authorized to
execute the Hold Harmless Agreement relating to University Hospital donating and
administering approximately one hundred (100) free flu vaccinations to City of
Tamarac employees during the City of Tamarac Annual Employee Health and
Education Fair on November 13, 2014.
SECTION 3:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. # 12561
October 7, 2014
Page 3
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 �a day of , 2014.
ATTEST:
PATRICIA T
CITY CL
RR DRESSLER
MAYOR
FEL, CMC
K
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER Lego
DIST 1: COMM. BUSHNELL CY
DIST 2: V/M GOMEZ "
DIST 3: COMM. GLASSEFf t.-�
DIST 4: COMM. PLACKO (A��
if
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
r" 1 / y.
SAM L S. ORE
CITY ATTORNEY
Temp. Reso #12561
Exhibit "A"
Page 1
HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into on the day of , 20JI,
is made by and between the City of Tamarac, a municipal corporation, hereinafter
referred to as the "CITY" and University Hospital Limited d/b/a University Hospital, 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, HOSPITAL is donating and administering approximately one
hundred (100) free flu shots to City employees during the City of Tamarac Annual
Employee Health and Education Fair on November 13, 2014 at the Tamarac
Community Center, 8601 W. Commercial Blvd. Tamarac, FL 33351; and
WHEREAS, CITY is providing the premises and logistical support for
administration of the flu shots.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
SECTION 1: To the extent permitted by law, and subject to the provisions of
Section 768.28, Florida Statutes, 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 the flu shots 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 entitlement to
sovereign immunity as provided by 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 the flu shots 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.
By:
ATTEST:
Printed name of Corp
,-�Dw.,DO
orate Secretary
By.
ATTEST:
PAT TE
CIT
=EL, CMC
CLERK
Approved as to Form:
R
IVISAMUELS. GOREN
CITY ATTORNEY
V
UNIVERSITY HOSPITAL LIMITED
D/B/A UNIVERSITY HOSPITAL
CHIEF EXECUTIVE OFFICER
JOSEPH D. MELCHIODE
CITY OF T
rinted Name)
C
CITY MANAGER