14-43 Resolution No. 14-43
RESOLUTION
APPROVING AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT RECIPIENTS
WHEREAS, the Automatic External Defibrillator (AED) grant program was established
by the City of Elgin to provide automated external defibrillators (AEDs) to eligible organizations
to be maintained at the eligible organization's premises in the City of Elgin; and
WHEREAS, in 2014 eight applications have been made under the AED grant program;
and
WHEREAS, said applications have been reviewed and recipients selected by the city
council; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that the sum of $6,674.88 is allocated under the Automatic External
Defibrillator Grant Program for the purchase of automatic external defibrillators; one (1) to be
provided to each of the following organizations:
ruturt�nn ---Address
Association for Individual Development 1135 Bowes Road
Con re ation Kneseth Israel 330 Division Street
Elgin Fire Barn No. 5 Museum 782 Jefferson Ave.
Elgin Parent Cooperative 240 Standish
One Hope United-Elgin Child K--Family
Resource Center 210 National Street
Prairie Valley Family YMCA 50 N. McLean Blvd.
West Ride Community Church 330 Encounter Lane
Zion Lutheran Church 330 Griswold Street
BE IT FURTHER RESOLVED that the subject matter of this resolution shall be
performed in conformance with all applicable codes, ordinances and laws.
BE IT FURTHER RESOLVED that prior to receiving such automatic external
defibrillator recipients shall be required to enter into an agreement with the City of Elgin in a
form as approved by the Corporation Counsel.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 9, 2014
Adopted: April 9, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AUTOMATED EXTERNAL DEFIBRILLATOR(AED)
GRANT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
20 Iq , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred
to as the "City") and �o-e , an Illinois
not-for-profit corporation or m d and existing under the laws of the State of Illinois
(hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the City has created an automated external defibrillator (AED) grant
program (hereinafter referred to as the "Subject AED Grant Program"); and
WHEREAS, pursuant to the Subject AED Grant Program the City will provide to eligible
organizations an automated external defibrillator to be maintained at the eligible organization's
premises in the City of Elgin; and
WHEREAS, the Grantee has applied to the City to receive an AED pursuant to the
Subject AED Grant Program; and
WHEREAS, the Grantee's application to participate in the Subject AED Grant Program
has been approved subject to the Grantee executing this AED Grant Program agreement; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, providing an AED to the Grantee who will give Elgin citizens greater access
to AEDs and increase the likelihood of survival from sudden cardiac arrest and will otherwise
promote and protect the public health, safety and welfare within the City which pertains to the
government and affairs of the City.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
1. That the City of Elgin automated external defibrillator (AED) grant program
guidelines are attached hereto and made a part hereof as Exhibit 1.
2. That the Grantee represents and warrants that it complies with the eligibility
guidelines for the Subject AED Grant Program including that the Grantee is a fraternal,
benevolent, service or faith-based not-for-profit organization located within the City of Elgin.
3. That the Grantee shall comply in all respects with the post-award requirements as
set forth in the attached program guidelines including, but not limited to, comply in all respects
with the Automated External Defibrillator Act (410 ILCS 4/1, et seq.), as amended, including,
but not limited to, the maintenance, training and oversight requirements provided for therein. It
is agreed and understood that upon the City providing to the Grantee the Subject AED
(hereinafter defined) to the Grantee pursuant to this Agreement, that the Grantee, and not the
City, shall be responsible for complying with all of the requirements of the Automated External
Defibrillator Act and other applicable requirements of law with respect to the Subject AED. It is
further expressly agreed and understood that Grantee, in connection with the performance of this
Agreement and the ownership, operation, maintenance, training and oversight requirements shall
comply with all applicable federal, state, city and other requirements of law.
4. That within thirty (30) days of the entry of this Agreement the City shall provide
to the Grantee an automat d external defibrillator (AED) manufactured by Cardiac Science,
model number SJ I 1 (hereinafter referred to as the "Subject AED"). The
execution of this Agreement by the parties hereto shall constitute a bill of sale from the City to
the Grantee selling, assigning, transferring and setting over to the Grantee all of the City's right,
title and interest in and to the Subject AED. All warranties of quality, fitness and
merchantability from the City are hereby expressly excluded. Notwithstanding the foregoing, the
City hereby assigns to the Grantee any warranties of the manufacturer for the Subject AED, if
any.
5. That the Grantee agrees to maintain and keep the Subject AED at Grantee's
premises located at <,-i-. , Elgin, Illinois.
6. That this Agreement shall not be deemed or construed to create an employment,
joint venture, partnership or other agency relationship between the parties hereto.
7. That the failure by a party to enforce any provision of this Agreement against the
other party shall not be deemed a waiver of their right to do so thereafter.
8. That this Agreement may be modified or amended only in writing signed by all of
the parties hereto.
9. That this Agreement contains the entire agreement and understanding of the
parties hereto with respect to the subject matter set forth herein, all prior agreements and
understandings having been merged herein and extinguished hereby.
10. That this Agreement is and shall be deemed and construed to be a joint and
collective work product of the City and the Grantee, and as such, this Agreement shall not be
construed against the other party as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if
any, in the terms or provisions contained herein.
11. That this Agreement is subject to and shall be governed by the laws of the State of
Illinois.
- 2 -
12. That this Agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. This Agreement and the obligations herein may not be
assigned by the Grantee without the express written consent of the City, which consent may be
withheld at the sole discretion of the City.
13. That the City and the Grantee agree that in the event of a default by a party, the
other party shall, prior to taking such actions as may be available to it, provide written notice to
the defaulting party stating that they are giving the defaulting party thirty (30) days within which
to cure such default. If the default shall not be cured within the thirty (30) day period aforesaid,
then the party giving such notice shall be permitted to avail itself of remedies to which it may be
entitled to under this Agreement.
14. That if the Grantee violates or breaches any term of this Agreement, such
violation or breach shall be deemed to constitute a default, and the City shall have the right to
seek administrative, contractual, legal, or equitable remedies as may be suitable to the violation
or breach. If the City violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and in the event the City fails to within thirty (30) days
after notice thereof by the Grantee to comply with the conditions of this Agreement, the Grantee
as its sole and exclusive remedy may terminate this Agreement. Notwithstanding anything to the
contrary in this Agreement, no action shall be commenced by the Grantee, any related persons or
entities, and any of their successors and/or permitted assigns, against the City for monetary
damages.
15. That venue for the resolution of any disputes or the enforcement of any rights
pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois.
16. That time is of the essence of this Agreement.
17. All notices pursuant to this Agreement shall be in writing and shall be mailed by
first-class mail, postage prepaid, addressed as follows:
As to the City: As to Grantee:
City of Elgin
150 Dexter Court 7
Elgin, Illinois 60120-5555 `
Attention: City Manager _ L_ 6 .6
With a copy to:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Attention: Corporation Counsel
- 3 -
18. That to the fullest extent permitted by law, the Grantee agrees to waive and
release the City, its officials, officers, employees, attorneys, agents, boards and commissions,
and all related parties, from and against any and all claims, suits, judgments, costs, attorneys'
fees, damage or other relief, including but not limited to workers' compensation claims, in any
way resulting from or arising out of or alleged to be resulting from or arising out of this
Agreement and/or the Subject AED unit to be provided by the City to the Grantee pursuant to
this Agreement and/or in any way resulting from or arising out of or alleged to be resulting from
or arising out of any alleged negligence by the City, its officials, officers, employees, attorneys,
agents, boards and commissions, in connection with this Agreement and/or the Subject AED unit
to be provided by the City pursuant to this Agreement. The provisions of this paragraph shall
survive any completion, expiration and/or termination of this Agreement.
19. That it is agreed and understood that this Agreement is not intended nor shall be
construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City
and/or its officials, officers, employees and/or agents pursuant to the Local Governmental and
Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the
Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, the Emergency
Medical Services Systems Act at 210 ILCS 5011 et seq., and/or otherwise provided by law, it
being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as
otherwise provided by law, shall fully apply to any claims asserted or which might be asserted
against the City and/or its officials, officers, employees and/or agents as a result of this
Agreement or any of the actions of the parties pursuant to this Agreement. Notwithstanding
anything to the contrary in this Agreement, it is agreed and understood that no third party
beneficiaries are intended or shall be construed to be created by the provisions of this Agreement
and it is the intention of the parties hereto that no action may be commenced by any third party
person or entity against the City and/or the Grantee and/or their respective officials, officers,
employees, agents and/or other related persons or entities for monetary damages for any alleged
breach of this Agreement. The provisions of this section shall survive any expiration and/or
termination of this Agreement.
20. This agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the purposes of
executing this agreement, any signed copy of this agreement transmitted by fax machine or e-
mail shall be treated in all manners and respects as an original document. The signature of any
party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for
these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the
same binding legal effect as an original document. At the request of either party any fax or e-
mail copy of this agreement shall be re-executed by the parties in an original form. No party to
this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and
shall forever waive such defense.
- 4 -
IN WITNESS WHEREOF, the parties have entered into and executed this Agreement as
of the date and year first written above.
CITY OF ELGIN GRANTEE
By By
City Manager Its
Attest:
City C rk
F:\Legal Dept\Agreement\Grant Agreement-Automated External Defibrillator(AED).docx
- 5 -
EXHIBIT 1
AUTOMATED EXTERNAL DEFIBRILLATOR (AED)
GRANT PROGRAM GUIDELINES
- 6 -
City of Elgin Automated External Defibrillator(AED)Grant Program
The City of Elgin Automated External Defibrillator(AED)grant program will provide an approved organization with
an AED.
Deadline for submission of applications for the grant is January 31.All applications must be made on City approved
forms.Online,emailed or hardcopy grant applications will be accepted.Grants will be limited to one unit per
recipient.
The grant program will be administered by the City of Elgin Fire Department.
Eligibility
The following entities are eligible for the grant:
Fraternal,benevolent,service or faith-based not-for-profit organizations located within the City of Elgin.
Program Specifications:
• Awarded AED manufacturer and model will be chosen by the City of Elgin.
• Only one unit per entity will be awarded per year.
• Applications must be made on City approved forms and completed fully.
• Deadline for submission of applications is January 31.
• Notification of award will be mailed(via post or email)to each successful applicant.
• Each successful applicant shall be required to enter into a grant agreement in a form approved by the
City's Corporation Counsel.
Post Award Requirements:
Any entity awarded an automated external defibrillator under this program shall:
1. Comply in all respects with the Automated External Defibrillator Act (410 ILCS 411, et seq.), as
amended, including, but not limited to, the maintenance, training and oversight requirements
provided for therein as follows:
• The automated external defibrillator is maintained and tested according to the
manufacturer's guidelines;
• At least four (4) persons and other person(s) considered to be an anticipated rescuers or
users will have successfully completed a course of instruction in accordance with the
standards of a nationally recognized organization, such as the American Red Cross or the
American Heart Association to use an automated external defibrillator and to perform
cardiovascular resuscitation (CPR). Classes are offered by the City of Elgin
(http://www.cityofelgin.org/index.aspx?NID=604);
City of Elgin—AED Grant Program Specifications- 1
• Any person who renders out-of-hospital emergency care or treatment to a person in cardiac
arrest by using an automated external defibrillator activates the EMS system as soon as
possible and reports any clinical use of the automated external defibrillator;and
• A person or organization in possession of an automated external defibrillator shall notify an
agent of the local emergency communications or vehicle dispatch center of the existence,
location,and type of the automated external defibrillator.
2. Adopt an AED protocol for sudden cardiac arrest emergencies;*
3. Adopt an AED policy for the maintenance, coordination, training and communication of AED
procedures;*
4. Return completed and adopted AED protocol and policy to city grant administrator within 120
days of award notifications;
5. Provide volunteer services for a total of 50 hours. Volunteer activities are defined as any unpaid
activities completed for a City event or task. Completed hours must be submitted to the
program administrator within one year of awards.
*Sample AED protocol and policy templates prepared by the manufacturer Philips are available for
review. Such sample protocol and policy are provided as a guide in the development of an organization's specific
protocol and policy. Such organization's specific protocol and policy should be reviewed and approved by the
organization's legal representative to ensure that it meets all applicable legal requirements, as well as the specific
needs of the organization. The protocol and policy should be reviewed as needed,at least annually,and revised as
necessary."
Any questions about this grant program should be directed to Isabelle Bourgeois, (847) 931-5619.
City of Elgin—AED Grant Program Specifications-2