HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-120Temp. Reso. #12263
10/11/12
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012- lc2 0
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 1, 2012; 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;
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. #12263
10/11/12
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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 and residents of the City of Tamarac to execute a
Hold Harmless Agreement with University Hospital for the 2012 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 1, 2012.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. #12263
10/11/12
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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
ATTEST:
PETER M. J. RIC
CITY QLERK -
11
M, CMC
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
e
SAMUEL S. GOREN
CITY ATTORNEY
a�
day of
BETH TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO C
DIST 1: COMM. BUSHNE�
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSL
, 2012.
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Temp. Reso #12263
Exhibit "A"
Page 1
HOLD HARMLESS AGREEMENT
12..,-THIS AGREEMENT entered into on the day of , 2O,
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".
WITN ESS ETH
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 Limited d/b/a University 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 1st at the
Tamarac Community Center, 8601 W. Commercial Blvd. Tamarac, FL 33351; and
WHEREAS, the 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: 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 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'sfees 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.
No Text
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year first above written.
UNIVERSITY HOSPITAL LIMITED D/B/A
UNIVERSITY HOSP AL
By:
CHIEF EX CUTIV FFICER
W. Mark Rader
Wq( ail, 4%, Jr
v
(Printed Name)
ATTEST:
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By:
By:
ATTEST:
ETER RIC
Approved as to Form:
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DbUN,
AMUEL S. GOREN
CITY ATTORNEY
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CITY OF
BETH TALABISCO
MICHAEL
CERNECH
CITY MANAGER
RECEIVED
CITY OF TAMARAC
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