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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