HomeMy WebLinkAboutContract 58711CSC No. 58711
ORT WORTH
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by
and through its duly authorized Assistant City Manager, and FRONT LINE MOBILE HEALTH, PLLC
("Vendor"), a professional limited liability company and acting by and through its duly authorized
representative, each individually referred to as a "party" and collectively referred to as the "parties."
1. ,Scope -of Services. Contractor hereby agrees to provide the City with safety health, wellness
and suitability evaluations ("Services"), which are set forth in more detail in Exhibit "A," attached hereto
and incorporated herein for all purposes.
2. Term The initial term of this Agreement shall begin on January 1, 2023 (the "Effective
Date") and shall expire on December 31, 2023 ("Expiration Date"), unless terminated earlier in accordance
with this Agreement ("Initial Term"). After the Initial Term, the City shall have the option, in its sole
discretion, to renew this Agreement under the same terms and conditions for up to four (4) one-year renewal
terms, subject to any price increases as identified in paragraph 2.1.
2.1. Vendor may at its discretion, and subject to approval by Contracting
Agency, increase the price for those services identified in Exhibit "B" of this Agreement a maximum
of 3% at the start of each year the Agreement is renewed.
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed One Million Nine Hundred and Seventy Thousand
Dollars and 0/100 Cents ($1,970,000.00). Vendor will not perform any additional services or bill for
expenses incurred for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of Vendor not specified
by this Agreement unless City first approves such expenses in writing.
3.1 Charges for Partially Completed Evaluations. In the event a Participant of the City
withdraws and does not complete the entire medical evaluation process conducted by Vendor,
cancellation charges will be billed to City, based on how many of the steps have been completed
by the participant. The charges will be based on the following:
If a Participant (Incumbent or Candidate) withdraws or is withdrawn after the
roster of names has been submitted to Vendor, but before any specimens are
collected or lab tests have taken place, a charge of 25% of the cost for an annual
or candidate physical will be assessed to compensate Vendor for initial electronic
processing.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
If a Participant withdraws after the specimen collection and lab tests, but before
any physical testing has taken place, the charge will be 50% of the cost for an
annual or candidate physical.
If a Participant withdraws after the physical testing but before the medical
examination and one-on-one consultation with the medical provider, the charge
will be 75% of the cost for an annual or candidate physical.
Once the medical exam and consultation have taken place, 100% of the charge will
be billed.
In the event a participant withdraws from the process due to injury, FLMA, deployment or
other extenuating circumstances, Vendor and City agree to negotiate an appropriate cancellation
charge, depending on if/when the participant is scheduled to resume duties.
4. Termination.
4.1. Written Notice.. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. _In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective
date of termination and Vendor will continue to provide City with services requested by City and
in accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Vendor will provide City with copies of all completed or partially
completed documents prepared under this Agreement. In the event Vendor has received access to
City Information or data as a requirement to perform services hereunder, Vendor will return all City
provided data to City in a machine readable format or other format deemed acceptable to City.
5. Disclosure_UL_Qll=&Bnd Lgafidgalidlnformation.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure.
5.4 A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.5 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. BiLyht_to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents,
servants,employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat
superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers,
agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will
be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Invoicing.
The City of Fort Worth has begun implementing an automated invoicing system.
8.1 The Contractor shall send invoices electronically to our centralized Accounts
Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email
address is not monitored so please do not send correspondence to this email address. The sole
purpose of the supplier invoices email address is to receipt and process supplier invoices.
8.2 Please include the following on the subject line of your e-mail: vendor name,
invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-
0000001234)
8.3 To ensure the system can successfully process your invoice in an expedient
manner, please adhere to the following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the email).
• One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable
but each invoice must be a separate attachment.
• Please do not send handwritten invoices or invoices that contain handwritten notes.
• Dot matrix invoice format is not accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW013)
• Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
• Invoice number;
• Invoice date; and
• Invoices should be submitted after delivery of the goods or services.
8.4 To prevent invoice processing delays, please do not send invoices by mail and
email and please do not send the same invoice more than once by email to
supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City
Department ordering the goods/services or the Central Accounts PayableDepartment by email at:
ZZ FIN AccountsPayable(a�fortworthtexas.gov.
8.5 If you are unable to send your invoice as outlined above at this time, please send
your invoice to our centralized Accounts Payable department instead of directly to the individual
city department. This will allow the city staff to digitize the invoice for faster processing.
8.6 If electronic invoicing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
8.7 The City's goal is to receive 100% of invoices electronically so that all supplier
payments are processed efficiently. To achieve this goal, we need the Contractor's support.
8.8 If Contractor has any questions, please contact the Accounts Payable team at (817)
392-2451 or by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov.
8.9 Contractor shall not include Federal, State of City sales tax in its invoices. City
shall furnish a tax exemption certificate upon Vendor's request.
9. L*ability and indemnification.
9.1 LL4 R1L TY _- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTEN77ONAL MISCONDUCT OF VENDOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
9.2 ,GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTSAND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, ORSUBCONTRACTORS.
9.3 INTELLECTUAL. PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the cost
and expense of payment for claims or actions against City pursuant to this section, Vendor
will have the right to conduct the defense of any such claim or action and all negotiations for
its settlement or compromise and to settle or compromise any such claim; however, City will
have the right to fully participate in any and all such settlement, negotiations, or lawsuit as
necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In
the event City, for whatever reason, assumes the responsibility for payment of costs and
expenses for any claim or action brought against City for infringement arising under this
Agreement, City will have the sole right to conduct the defense of any such claim or action
and all negotiations for its settlement or compromise and to settle or compromise any such
claim; however, Vendor will fully participate and cooperate with City in defense of such claim
or action. City agrees to give Vendor timely written notice of any such claim or action, with
copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify
City under this Agreement.
9.4 If the software and/or documentation or any part thereof is held to infringe
and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise,
such use is materially adversely restricted, Vendor will, at its own expense and as City's sole
remedy, either: (a) procure for City the right to continue to use the software and/or
documentation; or (b) modify the software and/or documentation to make it non -infringing,
provided that such modification does not materially adversely affect City's authorized use of
the software and/or documentation; or (c) replace the software and/or documentation with
equally suitable, compatible, and functionally equivalent non -infringing software and/or
documentation at no additional charge to City; or (d) if none of the foregoing alternatives is
reasonably available to Vendor terminate this Agreement, and refund all amounts paid to
Vendor by City, subsequent to which termination City may seek any and all remedies
available to City under law.
10. Assignment and S b ontractine.
10.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants
consent to an assignment, the assignee will execute a written agreement with City
and Vendor under which the assignee agrees to be bound by the duties and
obligations of Vendor under this Agreement. Vendor will be liable for all
obligations of Vendor under this Agreement prior to the effective date of the
assignment.
10.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
11. Insurance Vendor must provide City with certificate(s) of insurance documenting policies
of the following types and minimum coverage limits that are to be in effect prior to commencement of any
Services pursuant to this Agreement:
11.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Professional Liability (Errors & Omissions): ❑ Applicable N/A
[A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
11.2 General Requirements
(a) The commercial general liability must name City as an additional insured
thereon, as its interests may appear. The term City includes its employees, officers,
officials, agents, and volunteers in respect to the contracted services.
(b) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(c) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- V II
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below
that required, written approval of Risk Management is required.
(d) Any failure on the part of City to request required insurance documentation
will not constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
12. Compliance.wjth Laws._ Ordinances. _Rules.and.Regulations Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
13. NQ - iscrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
14. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents, employees,
servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or
(3) received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Front Line Mobile Health, PLLC
Attn: Russell Burnham, CEO
6517 N. Lakewood Dr
Georgetown, TX 78633
Phone: (512) 838-3808
15. Solicitation of Fmolov Ps. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other during
the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the
foregoing, this provision will not apply to an employee of either party who responds to a general solicitation
of advertisement of employment by either party.
16. Governmental_ Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
17. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
18. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
19. Severabibility_ If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
20. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not limited
to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy;
fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction;
orders of government; material or labor restrictions by any governmental authority; transportation problems;
restraints or prohibitions by any court, board, department, commission, or agency of the United States or of
any States; civil disturbances; other national or regional emergencies; or any other similar cause not
enumerated herein but which is beyond the reasonable control of the Party whose performance is affected
(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period
of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of
the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as
soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of
such notice to be determined by the City in its sole discretion. The notice required by this section must be
addressed and delivered in accordance with Section 13 of this Agreement.
21. Headings not Co troll'ng. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
22. Review -of Counsel The parties acknowledge that each party and its counsel have reviewed
and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are
to be resolved against the drafting party will not be employed in the interpretation of this Agreement or the
Exhibits.
23. Amendment_ Modif ataon xten,s000ny No amendment, modification, or extension of
this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed
by an authorized representative of each party.
24. Coup e Rates This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and
controls so that no services will be performed by any Vendor employee who is not legally eligible to perform
such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work_ Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the
date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever
occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made- for -hire"
within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or
any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976,
as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,
lien for balance due, or rights of retention thereto on the part of City.
27. Signature_Authority, The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company -Name or Ownershin. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Bov o ing Ene gv Compa i s. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274
of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that
Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor
certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition- on -Discrimination, ALYainS Firear and Ammunition-Industries . Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and
"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Shmature . This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
multiples.
CITY OF FORT WORTH:
By:
Name:
Fernando Costa
Title:
Assistant City Manager
Date:
Jan 11, 2023
APPROVALRECOMMENDED:
By:
Z
Robeithildreage (Jan 11, 202316:23 CST)
Name: Robert A. Alldredge Jr.
Title: Executive Assistant Chief
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By:
Jannette S. Goodall (Jan 11, 2023 20:48 CST)
Name: Jannette Goodall
Title: City Secretary
VENDOR:
FRONT LINE MOBILE HEALTH, PLL
By:
Name: Russell Burnham
Title: CEO
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
e --�
By: Jaco ohse (Jan 11, 202313:01 CST)
Name: Jacob Lohse
Title: Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
C ONTRACT AUTHORIZAT ION:
M& C: 23-0038
Form 1295: 2022-965191
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
Comprehensive Health and Wellness Program
30.1 Company employees must all be State Licensed and nationally certified medical
providers who have extensive experience in occupational health relating to Fire, Law
Enforcement, Aviation and Military setting; (must provide license numbers and CVs at
RFP submission).
30.2 Examinations must be built within the NFPA 1582 (minimum) and 1583 (optimal)
standards.
30.3 Selected Company must be able to provide additional support staff as necessary to
include but not be limited to athletic training staff, physical therapist, and massage
therapist.
30.4 An electronic health record and patient portal (that is fully functional at RFP
submission) that will allow access to all physical and behavioral health data for all
employees throughout the contract period.
30.5 Administrative Portal for Department leadership that will allow them to see
masked/aggregate data in real time as to the health and wellness of the department.
30.6 Capacity to perform incumbent physical annually built on an age -based and risk -
stratified program considering all current evidence -based data and consensus
statements as it relates to Fire Fighter health and wellness.
30.7 Ability to perform Fire Candidates medical and psychological exams by state licensed
medical and psychological providers who specialize in occupational health and have
extensive experience in the Fire Service and other military/para-military organizations.
30.8 Demonstrated experience with the State of Texas Worker's Compensation
program to include certified and trained Designated Doctor's on staff for first
responder organizations.
30.9 Selected company must be able to administer a Cardiopulmonary Exercise Test
(CPET) to all members based on the age -based program.
30.10 Selected company must be provide training and education as appropriate to members
of the Fort Worth Fire Department related to health issues outlined within this
proposal.
3.11 All ancillary studies to include plain film radiographs and ultrasounds must be
performed by state licensed radiology /ultrasound technicians; all radiology and
cardiology reports must be interpreted
by board certified and fellowship trained physicians (must provide license numbers and
CVs at RFP submission).
31.12 Behavioral health must include assessments including but not limited to anxiety,
depression, sleep impairment, alcohol/substance use disorders, and post -traumatic
stress disorders.
Proposals will be ranked in part of the capability to perform to above services onsite and/or through a
mobile -based program.
EXHIBIT B
PAYMENT SCHEDULE
FRONT LINE
MOBILE HEALTH
Lt. Felicia Yates
Fort Worth Police Department
511 W Felix Street
Fort Worth, Texas 76105
Dear Lt Yates,
FORT WORTH POLICE DEPARTMENT
September 9, 2022
We thank you foryour interest in partnering with Front Line Mobile Health to evaluate the health and wellness of the
Incumbent members and candidates ofthe Fort Worth Police Department.
Please find our quote for Professional Services below,
FEESICOST
Annual Physical (Age Based & RlskStratifled)
$600 par Cand (date
Candidate Medical Evaluation (LZ)
$SOD per Evaluation
Once again, thank you for the opportunity to serve.
Very Respectfully,
members of
RUSSELL A. BU RNHAM, APA-C
AMER7CAN ,,�
Team Principle, &CEO COLLEGE off / 2V�
Front Line Mobile Health, PLLC CARDIOI.6GY MIRV
G517 N Lake, -rood Dr., Georgetam, TY. 78533 • Office: 512.839.360E . f—tllmemcbilehealh.com
Official site of the Cit, )f Fort th, Texas
ACITY COUNCIL AGEND
Create New From This M&C
DATE: 1/10/2023 REFERENCE
NO.:
CODE: C TYPE:
FORTN VORTI
**M&C 23- LOG NAME: 35FRONT LINE
0038 BEHAVIORAL HEALTH
CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize an Agreement with Front Line Behavioral Health, PLLC, to Provide
Comprehensive Health and Wellness Services for the Police and Fire Departments in an
Annual Amount Up to $1,970,000.00 for the Initial Term with Four (4) One -Year Renewal
Options for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement with Front Line
Behavioral Health, PLLC, to provide comprehensive health and wellness services for the Police and
Fire Departments in an annual amount up to $1,970,000.00 for the initial term with four (4) one-year
renewal options for the same annual amount.
DISCUSSION:
The Fort Worth Police Department approached the Purchasing Division about entering into a contract
with Front Line Behavioral Health, PLLC (Front Line) to provide annual physicals, medical and
psychological exams for police candidates, behavioral health assessments, training on health issues,
and ancillary medical services. The Fire Department would like to receive the same services as
Police Department from Front Line. These services would be provided to all Civil Service personnel
as well as new Personnel (i.e., recruits). This contract would supersede the Fire Department's initial
contract with Frontline Mobile Health that was approved by City Council on June 23, 2020 (Mayor and
Council Communication 20-0443).
The City's legal department determined that this contract involves a service subject to Chapter 2254
of the Texas Government Code because physicals are within the scope of the practice of medicine,
one of the enumerated professional services within the statute. Chapter 2254 prohibits competitive
bidding under a traditional Request for Proposal (RFP); instead, the service must be awarded under a
Request for Qualification (RFQ) evaluation.
The selection of a vendor under an RFQ is determined utilizing the criteria below:
o Project Understanding (30\%)
o Project Team: Qualifications, Experience, and Capabilities (30\%)
o Project Approach and Schedule (30\%) Readiness to Proceed (10\%)
On October 31, 2022, the Fort Worth Police Department contacted two vendors under the
RFQ process for various medical services per the City's administrative regulations. An evaluation
team of subject matter experts from the Fort Worth Police Department evaluated the submitted
statement of qualifications from each vendor based on company experience, prior projects, workload
and team experience. It was determined that Front Line provides the best overall solution and it is
recommended that the City Council authorize the execution of an agreement for an initial one-year
term with four (4) one-year renewal options at the City's sole discretion. Front Line has considerable
experience with providing similar services to other law enforcement, fire and emergency management
service departments throughout Texas (including, but not limited to, Pflugerville, Georgetown, Travis
County, and Williamson County).
The maximum amount allowed under this Agreement citywide will be $1,970,00.00. However, the
actual amount used will be based on the need of the departments and the available budget. The
annual department allocation for this Agreement is:
Department rNumber of Beneficiaries Estimated Annual Amount
Police 1836 1$900,000.00
Fire 1, 550 $1,070,000.00
Total 1,886 $1,970,000.00
Funding is budgeting in the Other Contractual Services account of the Police Department's General
Fund and in the Fire Department's rollup within the General Fund.
An administrative change order or increase may be made by the City Manager up to the amount
allowed by relevant law and the Fort Worth City Code and does not require specific City Council
approval as long as sufficient funds have been appropriated.
A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department
and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of
goods or services from source(s) where subcontracting or supplier opportunities are negligible.
Upon City Council approval, the Agreement will begin upon execution and will end one year from that
date. The contract may be renewed for up to four (4) successive one-year terms at the City's option.
This action does not require specific City Council approval, provided that the City has appropriated
sufficient funds to satisfy the City's obligations during the renewal term.
These services will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are
available in the current operating budget, as previously appropriated, in the General Fund. Prior to
any expenditure being incurred, the Police Department and Fire Department have the responsibility to
validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year , (Chartfield 2)
FROM
Fund
Department
Account
Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Neil Noakes (4212)
Georgia Tucker (4258)
Jacob Lohse (4249)
035-0--19 PD Waiver Rrequest Frontline updated.pdf (CFW Internal)
35FRONT LINE BEHAVIORAL HEALTH funds availabilitypdf (CFW Internal)
35FRONT LINE BEHAVIORAL HEALTH Updated FID 12.19.22.xlsx (CFW Internal)
Front Line Form 1295.pdf (CFW Internal)