Loading...
8390 - Contract Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 05825595-F7FE-42B2-BF24-DDFE42633EE1 Ginny Brummett Not Applicable FILE Physical Assessments 8390 DECEMBER 12, 2026 DECEMBER 12, 2023 23-2323 1 INTERLOCAL AGREEMENT This Interlocal Agreement (the “Agreement”) is made and entered into this _17th_ day of _November, 2023, between The City of Denton, Texas, a political subdivision of the State of Texas (hereinafter “City”) and TEXAS WOMAN’S UNIVERSITY, a member of The Texas Woman’s University System, (hereinafter) “TWU” and an agency of the State of Texas. WHEREAS, both the City and the State of Texas have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code; and WHEREAS, the City and TWU have determined that it would be mutually beneficial for TWU to provide services for annual physical assessments for City of Denton Police Department for basic, enhanced and additional optional services. TWU will provide the following assessment services; Body Mass Index, Body Composition, Bone Density Scan by DXA, Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance), Cardiac Stress Test (VO2 Max, Aerobic Endurance),Vision Exam, Hearing Exam and Respiratory Function Test. The purpose of the annual physical assessment for police officers is to ensure the health and wellness of the officers who are first responders to the citizens of the City. The City have determined that it would be mutually beneficial for TWU to provide annual physical assessments for police officers. WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common objectives relating to safety and health of the firefighters of the City. WHEREAS, the City and TWU are jointly committed to maintaining the health and safety of the City of Denton Police Officers who provide first responders services to citizens of the City. WHEREAS, TWU agrees to utilize their equipment and physical assessment services to the City in this agreement for the express purpose of providing annual physical assessments for Police Officers of the City of Denton. NOW THEREFORE, in consideration of the mutual promises and agreements contained below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and TWU agree as follows: 1. STATEMENT OF WORK: TWU will provide the following services for Physical Assessments for the City of Denton Police Officers: Body Mass Index, Body Composition, Bone Density Scan by DXA, Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance), Cardiac Stress Test (VO2 Max, Aerobic Endurance),Vision Exam, Hearing Exam and Respiratory Function Test. 2. LOCATION: All annual physical assessments equipment and information relating its operations will reside at TWU and subject to inspection by the City. 3. DAMAGE: The cost of equipment damaged or destroyed while in use by TWU (if not covered under warranty) will be paid by TWU. 4. TERM AND TOTAL AMOUNT OF THE ANNUAL SPEND BY THE CITY. This Agreement shall become effective upon execution of this Agreement by City and TWU and shall remain in effect for FY 2023-24, FY 2024-25, and FY 2025-26. A three- year cost projection for Denton Police Department Physicals is $49,500 which includes basic and additional services plus a 5% contingency for additional personnel. The fiscal years are: FY 2023-24, FY 2024-25, and FY 2025-26 for a total number of 60 civil service employees annually. Unit prices for Physical Assessment basic and additional services provided by TWU shall be in accordance with Exhibit “A” attached hereto and incorporated herein for all purposes. The quantities indicated are estimates based upon available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without adjustments in the unit prices. 5. REPORTS. Physical Assessment testing will be scored using standards approved by the City. Stress tests will be reviewed and interpreted by physicians and personnel who are found to have an abnormal stress test will be referred to the appropriate specialist. Upon completion of the Physical Assessment, all Police Officers will be given a medical category rating based on the results of the testing and TWU will provide City a form for each officer confirming that the individual is “medically cleared for duty” or if “additional medical information is needed.” These ratings will be reported to the appropriate Denton Police Department personnel in writing within 30 days of the assessment and signed by the physician who performed the assessment. 6. RECORDS AND CONFIDENTIALITY. City and TWU agree to comply with all applicable federal and state laws and local ordinances regarding the privacy and confidentiality of medical information, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, as amended. DocuSign Envelope ID: 05825595-F7FE-42B2-BF24-DDFE42633EE1 12TH DECEMBER 2 7. TERMINATION. Upon the termination of the relationship and agreement between the City and TWU all equipment shall be retained by TWU and annual physical assessment information shall be returned to the City within 15 days. 8. BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default at least thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. 9. LIABILITY. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. 10. FORCE MAJUERE. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder when such failure is due to an act of God, or other circumstance beyond its reasonable control, then said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement. 11. DISPUTE RESOLUTION. The City must use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this contract and such process is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practice and Remedies Code. The City must submit written notice of a claim of breach of contract under this chapter to TWU Office of Research and Sponsored Programs. TWU is an agency of the State of Texas and nothing in this Agreement waives or relinquishes the right of TWU to claim any exemptions, privileges, and immunities as may be provided by law. City is a home-rule municipality and political subdivision of the State of Texas and nothing in this Agreement waives or relinquishes the right of City to claim any exemptions, privileges, and immunities as may be provided by law. 12. REMEDIES. This Agreement shall be construed by and governed by the laws of the State of Texas. Venue for any legal action necessary to enforce the Agreement will be in Denton County, Texas. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 13. ENTIRE REPRESENTATION. This Agreement contains the entire agreement between the parties and supersedes any prior oral or written agreements, commitments, understandings, or communications with respect to the subject matter of the Agreement. No amendments or modification of this Agreement shall be effective unless set forth in writing executed by duly authorized representatives of each party. This Agreement shall be construed in accordance with the laws of the State of Texas. 14. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof. 15. ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent of the other Party. 16. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 17. AMENDMENTS. This Agreement may be amended from time to time by written amendment by both parties. 18. NOTICE. Any notice required to be given in connection with this Agreement shall be in writing and shall be deemed effective if hand delivered, or if sent by United States certified mail, return receipt requested, postage prepaid, or if sent by private receipted courier guaranteeing same-day or next-day delivery, addressed to the respective party at its address provided below. If sent by U.S. certified mail in accordance with this Section, such notices shall be deemed given and received on the earlier of (a) actual receipt at the address of the named addressee, or (b) on the third (3rd) business day after deposit with the United States Postal Service. Notice given by any other means shall be deemed given and received only upon actual receipt at the address of the named addressee. DocuSign Envelope ID: 05825595-F7FE-42B2-BF24-DDFE42633EE1 3 Texas Woman's University 304 Administration Drive Denton, Texas. 76204 City of Denton Purchasing Department 901B Texas Street Denton, Texas 76201 Attn: Purchasing Manager Telephone: 940-349-7133 Email: purchasing@cityofdenton.com 19. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with the State or City, or both; and (2) the terms of this Agreement are not intended to release, either by contract or by operation of law, any third person or entity from obligations owed by them to either the State or City. 20. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the City and TWU and supersedes all other negotiations, representations or agreement, written or oral, relating to this Agreement. The parties have caused this Agreement to be executed by their duly authorized representative. TEXAS WOMAN’S UNIVERSITY CITY OF DENTON TEXAS By: By: Signature Signature Title: VP for Research, Innovation, & Corporate Engagement Title: Date: November 17, 2023 Date: HansenThomas , Holly Digitally signed by HansenThomas, Holly Date: 2023.11.27 09:01:17 -06'00' DocuSign Envelope ID: 05825595-F7FE-42B2-BF24-DDFE42633EE1 City Manager 12/13/2023 October 11, 2023 We are happy to provide you with the following price quote for Physical Assessments for City of Denton, Police Department, effective at acceptance and for the three consecutive years following. Fall 2023 SERVICE - Firefighter PRICE Body Mass Index, Body Composition, and Bone Density Scan by DXA $ 70 Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance) $ 20 Cardiac Stress Test (VO 2 Max, Aerobic Endurance) $ 50 Vision Exam $ 25 Hearing Exam $ 50 Respiratory Function Test $ 20 Hands-On Physical Exam $ 15 Vital Signs $ 15 Consultation with Review of Results $ 10 Complete bloodwork will be provided by the City. All pricing including the indicated tests comes to $275/police officer in addition to the evaluation of blood chemistries (provided by the City of Denton via the police department). Dr. K Shane Broughton, PhD Professor and Chair Nutrition and Food Sciences P: 940 898 3715 | F: 940 898 2634 C: 9407030453 DocuSign Envelope ID: 05825595-F7FE-42B2-BF24-DDFE42633EE1 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT ATTEST: JESUS SALAZAR, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ DocuSign Envelope ID: 05825595-F7FE-42B2-BF24-DDFE42633EE1 Chief of Police Doug Shoemaker Police Certificate Of Completion Envelope Id: 05825595F7FE42B2BF24DDFE42633EE1 Status: Completed Subject: Please DocuSign: City Council Contract 8390 Physical Assessments Source Envelope: Document Pages: 6 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 1 Ginny Brummett AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 11/27/2023 11:59:25 AM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 11/27/2023 12:10:05 PM Viewed: 11/27/2023 12:10:14 PM Signed: 11/27/2023 12:10:22 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 11/27/2023 12:10:25 PM Viewed: 11/27/2023 12:20:21 PM Signed: 11/27/2023 12:20:39 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 11/29/2023 2:18:11 PM Viewed: 11/29/2023 2:18:49 PM Signed: 11/29/2023 2:19:25 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 11/27/2023 12:20:40 PM Resent: 11/29/2023 8:51:04 AM Viewed: 11/29/2023 9:25:09 AM Signed: 11/30/2023 10:04:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Doug Shoemaker Doug.Shoemaker@cityofdenton.com Chief of Police Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 86.110.245.195 Sent: 11/30/2023 10:04:51 AM Resent: 11/30/2023 3:36:47 PM Viewed: 12/1/2023 12:51:15 AM Signed: 12/1/2023 12:51:31 AM Electronic Record and Signature Disclosure: Accepted: 11/30/2023 11:01:36 AM ID: 69383c16-78eb-4f4b-bdaf-c927b5fe2b81 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 12/1/2023 12:51:35 AM Viewed: 12/13/2023 8:07:34 AM Signed: 12/13/2023 8:07:56 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 12/13/2023 8:07:59 AM Viewed: 12/13/2023 8:50:11 AM Signed: 12/13/2023 8:50:18 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 12/13/2023 8:50:20 AM Viewed: 12/13/2023 10:19:45 AM Signed: 12/13/2023 10:20:25 AM Electronic Record and Signature Disclosure: Accepted: 12/13/2023 10:19:45 AM ID: 75565b0c-3b41-4168-96c2-7f35d03f49aa In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 11/27/2023 12:10:25 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 12/1/2023 12:51:33 AM Viewed: 12/1/2023 8:46:32 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/13/2023 10:20:27 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Preston Pohler Preston.Pohler@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/13/2023 10:20:28 AM Electronic Record and Signature Disclosure: Accepted: 10/4/2021 10:57:48 AM ID: 77d32ecd-6742-4db2-bef5-3954725edf4e Dr. K Shane Broughton KBroughton@twu.edu Security Level: Email, Account Authentication (None) Sent: 12/13/2023 10:20:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tracy Lindsay TLindsay@twu.edu Security Level: Email, Account Authentication (None) Sent: 12/13/2023 10:20:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rocia Gutierrez RGutierrez8@twu.edu Security Level: Email, Account Authentication (None) Sent: 12/13/2023 10:20:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/27/2023 12:10:05 PM Envelope Updated Security Checked 11/29/2023 2:18:10 PM Envelope Updated Security Checked 11/29/2023 2:21:59 PM Certified Delivered Security Checked 12/13/2023 10:19:45 AM Signing Complete Security Checked 12/13/2023 10:20:25 AM Completed Security Checked 12/13/2023 10:20:30 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Doug Shoemaker, Jesus Salazar, Preston Pohler How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.