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HomeMy WebLinkAboutRES 24-137RESOLUTION NO. 24-137 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and they are hereby authorized to approve the purchase of GoodSAM software as a service from GoodSAM Instant.Help, based in London in the amount of $60,000.00 annually for use by Public Safety Dispatchers. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumgnt this the 4th day of .Tune, - Mayor Roy West 316 May 2024 Zachary White IT P Beaumont Fire / Rescue Services Dear Zachary, Following the quote we provided last year for Chief Singler, you have ask for a refreshed quote. We are able to hold the process from last March but would ask that this proceeds within one month of this letter. So repeating the last quote: Please accept this as a quote to supply the GoodSAM platform across Police, Fire and Ambulance services across Beaumont. As discussed, we can provide the video system and then additional modules (such as App related functionality) on top. We would propose for video Instant On Scene Basic Package (up to 10 concurrent streams which can also include ingestion of video from Drones / CCTV etc), unlimited licences, unlimited usage, transcribe and translate functionality and vital signs analysis. ITB of video storage. USD 60,000 annum. This includes set up costs, webinar training and technical support. We offer considerably more functionality such as App based tasking / alerting / communication (which can be used for cardiac arrests), major incident management and the ability to forward video to other staff through the App. We can have these components open for you to trial for the first 4 months, but if you wanted to use the full suite of GoodSAM products, please budget for an additional USD 40,000 per annum. These prices exclude any local taxes required and are valid up to 31-d June 2024 If you would like us to undertake any more demonstrations or webinars, please let us know. Thanks again and very best wishes Mark Wilson GoodSAM Instant.Help www.goodsamapp,org 0 GoodSAM Terms and Conditions of Use Organisations 1. Introduction 1.1. These Terms and Conditions (the "Agreement") govern the use of GoodSAM (the "Platform"), a cloud -based technology platform (comprising web -portal, iOS/Android Apps and API) designed for organisational and public communication via video/images/text/audio and the deployment of staff or volunteers. 1.2. This Agreement is a legally binding contract between [Your Organisation] ("Organisation") and GoodSAM ("Provider"). By accessing or using the Platform, the Organisation agrees to be bound by these Terms and Conditions. 1.3. If the Organisation does not agree with these Terms and Conditions, it must cease using the Platform immediately. 2. Access and Use of the Platform 2.1. The Provider grants the Organisation a non-exclusive, non -transferable, revocable license to access and use the Platform to carry out its business purposes. 2.2. The Organisation agrees to use the Platform in accordance with applicable laws and regulations in the country/region of use, and not for any unlawful, fraudulent, or malicious purpose. 2.3. The Organisation is responsible for all activity conducted through its account and for ensuring that its employees, volunteers, and other users abide by this Agreement. 2.4. The Organisation agrees to only provide accounts to (and approve accounts to) suitably qualified staff or volunteers employed by or officially governed by the organisation. The organisation also agrees to revolve those accounts at the time of employment or partnership termination. 2.5. The Organisation also agrees to immediately terminate any account under their management if the account holder is no longer in good standing (for example, is suspended). The Organisation will also inform the Provider to ensure that no attempts to obtain an account through other means occurs. 3. User Registration and Security GoodSAM trtstant.Hetp Saving Lives Through Technology 3.1. To use certain features of the Platform, the Organisation must have an account created. The Organisation must provide accurate, current, and complete information during the registration process, Only those authorised to be administrators in the system should have high level access enabling the control and permission setting of other account holders in their organisation. 3.2. The Organisation is responsible for maintaining the security of its account, including passwords and other credentials, It must notify the Provider immediately if it suspects any unauthorized use of its account. 3.3. The Provider reserves the right to suspend or terminate accounts that are compromised or used in a manner that violates this Agreement. 4. Use of Audio/Video Communication, Images and Location 4.1. The Platform allows the Organisation to communicate via multimedia including video with the public and staff. It also enables the location of public and staff. The organisation agrees that these and other functions within the platform will only be used for the specific functions of the organisation's business, 4.2. The Organisation and account holders must abide by local privacy laws and must not engage in harassment, discrimination, or any other illegal behaviour through the platform. S. Deployment of Staff and Volunteers 5.1, The Platform allows the Organisation to deploy staff and volunteers to various locations or tasks. The Organisation is responsible for ensuring that algorithmic settings of responses are appropriate in terms of people to alert/deploy and the radius of that deployment. 5.2. The Organisation must ensure that staff and volunteers are adequately trained, qualified, and equipped for their assignments. 5.3. The Provider is not responsible for the Organisation's deployment decisions or the conduct of its staff or volunteers. G, Data Protection and Privacy 6.1. The Provider will collect and process personal data in accordance with its Privacy Policy. The Organisation acknowledges that it has read and understood the Privacy Policy. [R� CooclsAM Ins f ant.Melp Saving Lives Through Technology 6.2. The Organisation is responsible for obtaining appropriate consents from individuals whose personal data is collected or processed through the Platform. 6.3. The Organisation agrees to comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR). 6.4. The Provider ensures data protection using the latest industry standards including TLS 1.3 and AES 256 Encryption. The provider is ISO 9007 and 21007 accredited and cyberessentials certified. 7. Intellectual Property and Non -Disclosure 7.1. The Provider retains all rights, title, and interest in and to the Platform, including all intellectual property rights. 7.2. The Organisation must not reverse engineer, decompile, or disassemble any part of the Platform or otherwise attempt to derive the source code. 7.3. The Organisation must not use the Platform to infringe the intellectual property rights of others. 7.4. The Organisation and their staff agree to hold in confidence and not to disclose or reveal to any person or entity any confidential Information, know how or commercial information acquired through the use of the Platform, which is not already in the public domain. Specifically, the organisation and their staff agree not to copy or develop similar products either directly or through partners. S. Limitation of Liability 8.1. The Provider is not liable for any indirect, incidental, special, or consequential damages arising from the use of the Platform, even if advised of the possibility of such damages. 8.2. The Provider's total liability under this Agreement, whether in contract, tort, or otherwise, shall not exceed the fees paid by the Organisation for the use of the Platform during the 12-month period preceding the claim. 8.3. The Provider us not liable for any action or damage to volunteers, staff, public or. any other persons through the use of the platform. 9. Indemnification GoodSAM lnstant.Help Saving Lives Through Technology 9.1. The Organisation agrees to indemnify, defend, and hold harmless the Provider from any claims, damages, or losses arising from its use of the Platform, including but not limited to claims related to personal injury, employment disputes, or privacy violations. 10. Termination 10.1. The Provider may terminate this Agreement at any time upon a breach by the Organisation of these Terms and Conditions. 10.2. Upon termination, the Organisation must cease all use of the Platform and destroy any copies of materials obtained from the Platform. 11. Governing Law and Dispute Resolution 11.1. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. Any disputes arising under this Agreement shall be resolved exclusively in the courts located in Beaumont, Jefferson County, Texas. 11.2. The Organisation agrees to attempt to resolve any disputes through informal negotiation before pursuing formal legal action. 12. Miscellaneous 12.1. This Agreement constitutes the entire agreement between the Organisation and the Provider regarding the use of the Platform and supersedes all prior agreements or understandings, whether written or oral. 12.2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. 12.3. The failure of either party to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. 13. Term 13.1. The term of this agreement is defined within the order form. 14. Governing Law and Jurisdiction 14.1. This agreement is bound by the laws of the states of Texas [R� GoodsAM Instanf.Help Saving Lives Through Technology 15. contact Information For more information please contact: enquiries@instant, help Contract Title Contract Description Start Date XX/YY/ZZZZ Expiry Date XX/YY/ZZZZ Contract Value Year 1 Charging Method International Money Transfer Purchase order number Buyer Sample Organisation Supplier GoodSAM Ltd Principal Buyer contact details Supplier Contact Details Ending / Termination The notice period for the supplier (GoodSAM) is 90 Working Days from the date of written notice of undisputed sums. The notice period for the Buyer is 30 days from the date of written notice ending without cause Services Additional Services N/A Location Services will be delivered remote) Quality Standards The supplier (GoodSAM) maintains AES 256 encryption, TLS 1.3, Cyber Essentials. ISO 27001 and ISO 9001 Technical Standards Secure, Cloud Based encrypted supply of GoodSAM Dashboard App and API. Service Level Agreement This contract includes GoodSAM's standard SLA (see separate document) with > 99% uptime. However, support is limited to email support after training) Onboarding Standard On Boarding. Offboarding Standard Off Boarding. Return of data, zero coding of GoodSAM data to insure irretrievability. Limit on Parties' liability The annual total liability of either Party for all Property Defaults will not exceed £10,000 The annual total liability for Buyer Data Defaults will not exceed 125% the Charges payable by the Buyer to the 12� GoodSAM !nslanLNelp Saving Lives Through Technology Supplier during the Call -Off Contract Term (whichever is the greater). The annual total liability for all other Defaults will not exceed the greater of 1.25% of the Charges payable by the Buyer to the Supplier during the Call -Off Contract Term whichever is the greater). Force Majeure A party may end this contract if the other party is affected by a Force Majeure Event that lasts more than 90 consecutive days, Subcontractors or partners N/A Payment method BACS Payment profile Annually within 3 months of contract start Invoice details Invoice frequency Annually Contract Value Contract charges Nil Buyer specific Refinements Nil Personal Data and Data Subjects All data obtained through the use of GoodSAM for the purposes of this contract is owned by the buyer (data controller) except the data required for the function of the system (Email / Names of account holders) for which GoodSAM is join t data controller. In all other circumstances, GoodSAM is the data processor. All data is handled meeting industry level standards of security (see separate document). GoodSAM Instant Help Saving Lives Through Technology 1 Curtain Rd London EC2A 3JX www.goodsamapp.org Tel: +1 628 239 3334 Zachary White IT Project Manager City of Beaumont 25t" May 2024 Sole Source Letter Dear Zachary GoodSAM provides a plethora of solutions on a global scale that individually are unique and together provide a comprehensive solution that no other service can provide. As such GoodSAM is a sole source for the functionality required. By way of background, GoodSAM comprises three main solutions; GoodSAM Cardiac, GoodSAM Pro and GoodSAM Video (Instant -On -Scene). These are deployed across the UK, Australia, New Zealand, USA and in many other parts of the worlds with over 400 Organisations including the world's largest ambulance and police organisations. These solutions are only available from a single vendor (GoodSAM), The software is highly proprietary and considered to be confidential intellectual property and trade secret of GoocISAM Ltd. GoodSAM Ltd has patent applications in progress for a number of products with confidential IP entirely developed in house. There are no third -party components to GoodSAM products and no other party is authorised into any element of development or maintenance. GoodSAM is a single source of all aspects of the GoodSAM suite, from development to deployment / instillation and integration through to audit and maintenance, We have regular cycles of enhancements and updates that are provided free and again do not involve any other parties. To provide examples of single source nature: GoodSAM Cardiac: GoodSAM Cardiac crowd sources resuscitation. This is a highly governed and customisable solution. The extreme levels of governance that has been built in (all responders are checked in terms of ID and can be placed into categories) means emergency services can be assured of who they are alerting. This is unique to GoodSAM and has resulted in the widespread adoption of the platform across the UK, Australia and New Zealand. It means it can also be safely used to alert responders (from your own and other 1 Curtain Rd, London EC2 A 3JX www.goodsamapp.org organisations) to both public and private addresses. There are many other unique features including KML map dependent rules, inbuilt radio function, the world's largest AED registry (with unique mapping mechanisms) and ability to stream video directly to dispatch. This platform has also been used to deploy > 750,000 NHS Volunteers in the UK as part of the Coronavirus response. This is considerably more than the number of drivers on Uber and Deliveroo combined and is managing around 1S,000 tasks a day. This has radically (and uniquely) changed the volunteer / third sector. GoodSAM Pro: GoodSAM Pro is a comprehensive dispatch and communications platform for staff. Utilising the same technology as GoodSAM Cardiac there are communications and mapping features unique to GoodSAM. For example, toggling between on duty and off, visible and invisible and "radio" function to colleagues or individuals from other organisations. The way administrators can interact with the groups, for example in major incidents to, for example, alert only certain people in only a certain area is unique. GoodSAM Monitoring: GoocISAM Monitoring enables scheduling of text messages that provide a one-time link to a patient specific survey page which a patient or career can complete with current signs and symptoms. This Is particularly useful for monitoring patients for example with Covid-19 at home. There are a number of variables that organizations can Introduce Including, interval and duration of monitoring, the questionnaire template and vital signs that trigger warnings to the patient with messages as to what to do next. GoodSAM location Video: GoodSAM has led the process of remote triage through video. We have developed a system that enables dispatchers to open any callers mobile phone camera (on any network) and instantly locate (and track them) and stream video. This mechanism, speed and reliability of this is unique. We have developed techniques that continue the 911 call and ensure the system is highly reliable across all phone systems and optimised video quality when bandwidth is low. All of these features have been developed in house. We also have a unique ability to forward this video and store it in a HIPAA complainant way for different durations. The platform also enables 2-way video with the benefit of bringing in additional people (relatives /translators) into the call. our video management system also can uniquely take input of video from any source (e.g. CCTV, Go Pro, Body Cams) with a RTMP feed. Again, the management of this, passing it through our artificial intelligence engine and then having a controlled real time forwarding, audit and storage system is unique. GoocISAM Evidence Upload: GoocISAM provides an appless ability for the public to upload images / videos from their phone. This is used extensively by Police services. GoodSAM also has unique features within the solutions. For example, our Artificial Intelligence Heart rate monitoring system uses a proprietary technique of server side (no download needed) analysis of video to display heart rate. Again, this is currently undergoing patent protection. There are also a number of aspects of GoodSAM as a business that are unique including: 1 Curtain Rd, London EC2 A 3JX www.goodsamapp.org Track record of integration — GoodSAM integrates with a plethora of CAD and Patient management systems including MIS, Integraph, Fujitsu, Storm and many others. There has been no system we cannot integrate with. Scalable Service — because GoodSAM is cloud based we can horizontally scale in an instant. When recruiting the 750,000 volunteers for example, we were recruiting at 4,000 new people per second. We could bring on new servers in an instant to achieve this. Automated Analysis and Real Time Alerting - the GoodSAM platform has an inbuilt data analysis system which gives real time reports on a plethora of variables. The governance and systems behind the GoodSAM monitoring systems are also unique in insuring that patients are immediately informed of what to do if their symptoms are signs are outside of acceptable limits. We hope the above explains why there is no other platform that can provide many of the individual functions that GoocISAM does and certainly no other that can provide them in a manner that enables them to be used concurrently to provide a comprehensive system. If you need any further information, please do not hesitate to contact us. With very best wishes Mark Wilson PhD MBBChir FRCS OBE Professor Mark Wilson GoodSAM 1 Curtain Rd, London EC2 A 3JX www.goocisamapp.org