22-139ORDINANCENO. 22-139
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITHTEXAS WOMAN’S UNIVERSITY FOR ANNUAL PHYSICAL ASSESSMENTS FOR CITY OF
DENTON FIREFIGHTERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFP 7848 – AWARDED TO TEXAS WOMAN’SUNIVERSITY, FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4) ADDITIONAL ONE( 1) YEAR EXTENSIONS, rN THE TOTAL FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF
$323,400.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for annual
physical assessments for City of Denton firefighters; and
WHEREAS, the City Manager, or a designated employee, has received, reviewed, and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and acceptedherein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON [[EREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies, or services shown in the “Request Proposals” on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFPNUMBER CONTRACTOR AMOUNT
7848 Texas Woman’s University $323,400.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items wish
to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the
proposals, the City Manager, or their designated representative, is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications, standards, quantities, and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Brc,,K BeLL and
seconded by J cs st DAy ,T . This ordinance was passed and approved by thefollowing vote LL - X :
Aye
V‘
aJ
1/
/
b/7
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :Brian Beck. District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Annintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVEDthis thc as+L day of JAn.', y _, 2022.
dE]HN
\\\It tIlIIffOFATTEST:
ROSA RIOS, CITY SECRETARY
Deputy CitySewtW
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
DN: cn=Marcella Lunn, o,
JIA\rb ::=ElrSr re:::Funin@dtyoHentancom,4=USDate: 2022.01.05 10:58:17-06'OO'
ABY:MaMa
DocuSign Envelope ID: D157FCD5-COCF-403A-844A-E333D2D02187
DENTON
Docusign City Council Transmittal Coversheet
p 1 7848RF
File Name Annua1 Physlcals
P„chasi„gCo,tact GI'-Y B ’-""'tt
City Council Target Date ]ANUARY 25’ 2022
Piggy Back Option
JANUARYContract Expiration
Ordinance
25,2027
Yes
22-139
DocuSign Envelope ID: D157FCD5-COCF403A-844A-E333D2D02187
]NTERLOCAL AGREEMENT
This Interlocal Agreement (the “Agreement”) is made and entered into thi? 5TH day of JANUABa21, between The City of Denton,
Texas, a pobdcal subdivision of the State of Texas (hereinafter “City”) and TEXAS WOMAN’S UNIVERSITY, a member of The
Texas Woman’s University System, (bereinafter) “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, TexasGovernment Code; and
WHEREAS) the City and TWU have determined that it would be mutually beneficial for TWU to provide services for annual physicalassessments for City of Denton Fire Department FireRghters 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 (V02 Max, Aerobic Endurance),Vision Exam, Hearing Exam and Respiratory
Function Test. The purpose of the annual physical assessment for are£ighters is to ensure the health and wellness of the firefighters
who are arst responders to the citizens of the City. The City have determined that it would be mutually beneacial for TWU to provide
annual physical assessments for nre£ighters.
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 Firefighters 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 Firefrghters of the City of Denton.
NOW THEREFOREp 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 Fire
Department Firefighters: Body Mass Index, Body Composition, Bone Density Scan by DXA, Muscle Fitness Testing(Flexibilityp Muscle StrengTh, Core Endurance), Cardiac Stress Test ('V02 Max, Aerobic Endurance),Vision Exam, Headng Examand ResDiratorv Function Test,
12.
13.
LOCATION: All annual physical assessments equipment and information relating its opemdons will reside at TWU and subject
to inspection by the City.
DAMAGE: The cost of equipment damaged or destroyed while in use by TWU (if not covered under warranty) will be paid byTWU
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 2021-22. The cost projection for
Denton Fire Deparment Physicals is $58,800 annually which included basic and additional services plus a 10% contingency
for additional personnel. The contract term will be one (1) year, effective &om date of award. The Parties shall have the option to
renew this contract for an additional four (4) one-year periods. At the sole option of the City of Denton, the Contract may be
further extended as needed, not to exceed a total of six (6) months. There will be a maximum total number of 196 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 dght 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 appropdatespecialist. Upon completion of the Physical Assessment, all fire personnel will be given a medical category rating based on the
results of the testing and TWU will provide City a form for each £irehghter 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 Fire 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
ordhances regprding 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.
7 TERMINATION. Upon the termination of the relationship and agreement between the City and TWU all equipment shall be
DocuSign Envelope ID: D157FCD5-COCF403A-844A-E333D2D02187
8.BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the event either party is in
deUt of its obligations herein, the party not in default shall provide to the party in default at least thirty (30) days wdtten nodce
to cure said default before exercising any of its rights as provided for in this Agreement.
9.I.I ABILITY. The parties to this Agreement and their respective of6cers 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 fIlIED its obligadons 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 pardes to resume performance under
this Agreement.
11.DISPUTE RESOLUTION. The City must use the dispute resolution process provided in Chapter 2260 of the TexasGovemment 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 wdtten nodce of a claim of breachof contract under this chapter to TWU c)face 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 exempdons, privileges, and immunides 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 waves or relinquishes the dght 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 addidon 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. EIVFIRE 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 effecdve unless set forth in wddng 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 sigped
by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, orno partIal exercise of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof.
15. ASSIGNMEM. This Agreement may not be assigned in whole or in part by any of the Pardes 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
judsdiction to be invalid, such shall not affect the remaining pordons of this Agreement and the same shall remain in full forceand effect
17. AMENDMEIVFS. This Agreement may be amended &om time to time by wdtten amendment by both parties.
18.NOTICE. Any notice required to be given in connection with this Agreement shall be in wang and shall be deemed effecdve if hand
delivered, or if sent by United States certi£ed mail, return receipt requested, postagF prepaid, or if sent by pdvate receipted couder
guaranteeing same-day or next-day delivery, addressed to the respective party at its address provided below. If sent by U.S. cerdaed mail
in accordance with this Section, such notices shall be deemed given and received on the earlher of (a) actual receipt at the address of the
named addressee, or (b) on the third (3rd) business day after deposit with the United Sates Postal Service. Nodce given by any other
means shall be deemed given and received only upon actual receipt at the address of the named addressee.
Texas Womanls University304lon Dave
Denton, Texas. 76204
City of Denton Pe =901B Texas Street
Denton, Texas 76201
Ann: Purchasing Manager
Telephone: 940-349-7133Email:a
2
DocuSign Envelope ID: D157FCD5-COCF403A-844A-E333D2D02187
19 NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the
parties speci8cally 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 beneat 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 arenot 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 negotiadons, representations or agreement, written or oral, relating to this Agreement.
The parties have caused this Agreement to be executed by their duly authorized representative.
WQMAN’s UNIVERSITYaBI
R8JVF'f,, A,,d,mi, An,i„ & P,,„,„Title:
as to financial and operational
.Dogma DENTON TEXAS
By! h' H‘
5238DB296270423
Title: Interlrn C1 ty Manager
Date: 1/4/2022 Date: 1/26/2022
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
APPROVED AS TO LEGAL FORM:
bLACK REINWAND, CITY ATtORNEY
BY
F1 re Chief
TITLEF1 re
DEPARTMENT
ATTEST:CITY SECRETARY
' DocuSlgned by:
BY, I RM4RleI
IC5CA8C5E 1 75493
3
DocuSign Envelope ID: D157FCD5-COCF403A-844A-E333D2D02187NUTRITION &FOOD SCIENCES
TEXAS WOMAN'S UNIVERSITY
David Boots
Battalion Chief, Safety & WellnessPIO Denton Fire Department
david.boots@cityofdenton
May 12, 2021
Dear Chief Boots
We are happy to provide you with the following price quotes for Physical Assessments for City ofDenton, Fire Department Firefighters, effective at acceptance and for the three consecutive yearsfollowing .
Spring Physicals (March/April 2022-2024) Annual Budget years October 1 , 2021-23
- Firefighter PRICE
Body Mass Index, Body Composition, andBone Density Scan by DXA
$ 70
$ 20
$ 50
$ 25
Muscle Fitness Testing (Flexibility, Muscle
Strength, Core Endurance)
Cardiac Stress Test (VO 2 Max, AerobicEndurance)
Vision Exam
Hearing Exam $ 50
$ 20
$ 15
$ 15
$ 15
$ 10
$ 10
Respiratory Function Test
Detailed Medical History
Hands-On Physical Exam
Vital Signs
Basic Skin Cancer Screening
Consultation with Review of Results
Complete bloodwork will be provided by the City. All pricing including the indicated tests comes to$300/firefighter in addition to the evaluation of blood chemistries (provided by the City of Denton viathe fire department).
//C (Lz--
Dr. K Shane Broughton, PhD
Professor and Chair
Nutrition and Food Sciences
p: 940 898 3715 1 F: 940 898 2634C: 9407030453
W TEXAS WOMAN'SUNIVERSiTY