01-232 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
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(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
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(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.
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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