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HomeMy WebLinkAbout01-232 Resolution No. 01-232 RESOLUTION AUTHORIZING EXECUTION OF A PILOT PROGRAM AGREEMENT WITH DIGITAL SAFETY TECHNOLOGIES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Pilot Program Agreement on behalf of the City of Elgin with Digital Safety Technologies, Inc . for a demonstration project which would enable the transmission of live video signal from a rescue unit to a hospital, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 22 , 2001 Adopted: August 22 , 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk DIGITAL SAFETY TECHNOLOGIES, INC. PILOT PROGRAM AGREEMENT This Pilot Program Agreement (the "Agreement') by and between Digital Safety Technologies, Inc., a Tennessee corporation ('DST'), and the City of Elgin, an Illinois municipal corporation (the "City"), is entered into as of January 2, 2001, pursuant to the provisions set forth below. The parties hereto, intending to be bound, agree as follows: Section 1. Equipment and Services Provided. Subject to the terms and conditions set out in this Agreement, DST agrees to provide the following equipment and services to the City of Elgin, Illinois, for its use and benefit beginning January 17, 2001 and ending January 19, 2001 (the "Pilot Program"). (a) DST shall provide the necessary camera and transmission technologies equipment (the "Equipment") to enable the City of Elgin, Illinois to transmit a live video feed from one ambulance oic or facility chosen by the City in (the "Vehicle") to one hospital or other medical c consultation with DST (the "Hospital"). It is within the discretion of DST to determine what Equipment is necessary for implementation of the Pilot Program. (b) Prior to the beginning date of the Pilot Program, DST shall install the necessary Equipment in the Vehicle, in the Hospital, and in any ll . parties llEl CpplU� Vile during the installation period. (c) Subject to the conditions set forth in Section 3 below, DST will provide reasonable maintenance of the Equipment during the Pilot Program. Should the Equipment require maintenance not caused by the breach of a condition in Section 3 below, DST may extend the duration of the Pilot Program in order to provide the City actual use of the Equipment, in good working order, for one week; but in any case the period during which the City has actual use of the Equipment shall not extend beyond one week. Section 2. Purchase of Services. The City shall provide the following consideration for the services enumerated in Section l: (a) The City shall pay the hourly wages of all DST personnel incurred as a result of implementing the Pilot Program, including but not limited to the personnel responsible for installing the Equipment in the Vehicle, in the Hospital, and in other appropriate facilities. 619050.5 r (b) The City shall pay additional and incidental expenses of such personnel, including travel and accommodation expenses and other out-of- pocket costs. (c) The total expenses incurred under sections 2(a) and 2(b) shall not exceed Eight Thousand Five Hundred dollars ($8,500). In the event that the total expenses incurred under Sections 2(a) and 2(b) exceed $8500, DST shall be solely responsible for all such costs and expenses. Additionally, DST shall not be excused from performance pursuant to this Agreement due to the above-referenced expenses exceeding $8500. (d) Subject to the conditions enumerated in Section 3 below, the City shall not be responsible for any costs associated with equipment maintenance or use, DST research and development, or any other expense incurred by DST as a result of the Pilot Program. (e) In the event that the City breaches its responsibilities under Section 3 below, the City shall reimburse DST for the reasonable costs DST incurs to repair or replace any damaged Equipment. Section 3. Responsibilities of the City. The City agrees that it will perform, in a dine y manner and at its _own expense, the following responsibilities with regard to the Equipment entrusted to it as a result of this Agreement: (a) The City sliLl d provide D J' w"'i a suitai)iE work area (including telephone) at the Equipment installation sites, and will make available to DST at least one contact person at each Equipment installation site, including both the Hospital and the City of Elgin Fire Department (or, if applicable, other private company responsible for the Vehicle), to provide all pertinent information related to the installation of the Equipment or other service being rendered under this Agreement. (b) The City shall follow all of the operation and maintenance instructions provided by DST, including pro«ding the proper environment and electrical and telecommunications connections for the Equipment. (c) The City shall operate the Equipment at all times in accordance with the manufacturer's recommendations. (d) The City shall not relocate or modify any portion of the Equipment or its components in any way which would reasonably increase the risk of system malfunction, or allow anyone access to the internal components and software with `written permission of DST. 619050.5 1 (e) The City shall promptly notify DST if anyone other than DST performs any repair or modification on or to the Equipment. Any failure to comply with this Section 3 may result in the limitation of the services provided by DST as described in Section 1(c) above, and additional expense to the City as described in Section 2(e) above. Section 4. Authority. The City represents to DST that it has all requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder, and that all actions and approvals necessary to permit such execution, delivery and performance have been obtained. The official executing this Agreement on behalf of the City has been duly a b d ng o liaa`i0 n so and of he City, Agreement, when executed, constitutes the valid g enforceable against it in accordance with its terms. DST will not be required to obtain any permit, certificate or license from the city or any other municipal or county agency in order to provide the services contemplated by this Agreement. Section 5. Assimnment and Successors. This Agreement and the and each of and every portion thereof shall be binding upon the successors parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. Section 6. Indemnification. To -the fullesthextent C permitted by law, T agrees to indemnify, defend and hold harmless r y, —ents, I.iVca 1'i.:.J ttli.l,� �:VLlllli..).:_Vil.� 1.1 V1:1 Qli� .Zb�iLi i:�t uilj? c.l-" > costs, att1orney's fees, damages or other relief arising out of or resulting from or ons of through or alleged to arise out of any reckless °lance of this Agreement S1In the DST's officers, employees or agents in the perform event of any action against the City, its officers, employees, agents, boards or cemr�-issions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. Section r. Severability. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. Section 8. Headinys. The headings of the several and for reference, nd are this Agreement are inserted only as a mater of convenience e or intent of any provision of no way intended to define, limit or describe the scop this Agreement; nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 619050.5 Section 9. Counterparts. This Agreement may be exxe bu of which counterparts each of which shall be,deemed to be an original together shall constitute one and the same instrument. Section 10. Governing Law. This Agreement accordance with interpreted and be construed both as to performance and validity n governed by the laws of the State of Illinois. Section 11. Independent Contractor Status. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties. Section 12. No Personal Liability. o offircheldcontractually liable under employee of the CITY shall be charged personally royal er any term or provision of this Agreement or because of their execution, app attempted execution of this Agreement. Section 13. Nondiscrimination. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, martial status, or the presence of any disability, unless based upon a bona fide occupational qualification. This requirement shall apply, but not be limited to: Employment advertising, layoff or termination rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any disability. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. Section 14. Entire Agreement. This Agreement he constitutes sole gre the entire Agreement between the parties with respect subject hereof, and it supersedes all P and all saletters written if eany, representations and warranties, if any, P rior relating to the subject matter hereof. 619050.5 IN WITNESS WHEREOF, the parties have caused their respective duly authorized officers to execute and deliver this Agreement as of the day and year first written above. DIGITAL SAFETY TECHNOLOGIES, INC. �i By: Title: THE CITY OF ELGIN, ILLINOIS By: Title: 619050.5 Agenda Item No. City of Elgin • � I 4 February 1, 2001 TO: Mayor and Member of the City Council gAFE COMMUNITY FROM: Joyce A. Parker, City Manager SUBJECT: Department of Community Affairs Grant Acceptance PURPOSE The purpose of this memorandum is to provide information to the Mayor and City Council to consider the acceptance of a grant in the amount of $30, 000 from the Illinois Department of Community Affairs to conduct a demonstration project exploring the viability of providing a live video signal from the site of a rescue unit response to a hospital emergency room to enhance the treatment of patients in the field. BACKGROUND In the late fall of 2000, the Department of Commerce and Community Affairs, (DCCA) with the assistance of Senator Rauschenberger, requested grant applications to enhance communities in Illinois . The Technology Action Team Public Safety Sub-committee submitted a proposal to attempt a proof of concept, mixing high technology transmission of live video and hospital emergency rooms to better treat of trauma patients . This technology has never been attempted, but has a great deal of promise for enhancing the delivery of medical treatment to our citizens . The Technology Action Team was formed with City Council approval and charged with promoting high technology within the Elgin Community. The Team was formed into subcommittees . One of these sub-committees looked at the area of public safety' s use of technology. A committee member, Pat Crawford, lamented that rescue units could perform much better if a way could be found to lessen the `down time" suffered in the treatment of a patient, if a doctor could see the patient and begin making treatment recommendations . From that idea, Paul Boykin and Associates was contacted and asked if their expertise in the creation of broadcast live video in the commercial market could be adapted to the public safety field. After numerous meetings, this proof of concept was born and is now ready for testing. r � DCCA Video Signal February 1, 2001 Page 2 This grant will provide funding to take this idea through proof of concept and if successful, will then be marketed as a commercial product to Public Safety professionals . The City of Elgin will retain all equipment purchased for use in this project . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Technology Action Team and Public Safety Sub-committee . FINANCIAL IMPACT The grant totals $30, 000 and will require no matching funds from the City. LEGAL IMPACT None . ALTERNATIVES The City can choose not accept this grant and not pursue this concept . RECOMMENDATION It is recommended that the City Council approve the survey and authorize the City Manager to submit the survey to the Department of Commerce and Community Affairs . R ectfully L , J yce A. Parker City Manager