Ordinance No. 16,051 ORDINANCE NO. 16,051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FRONT LINE
MOBILE HEALTH, PLLC, FOR ANNUAL MEDICAL EVALUATION SERVICE FOR
THE FIRE DEPARTMENT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN ACCORDING TO THE COMPENSATION AND PROFESSIONAL FEES
CONTRACT ATTACHED AS EXHIBIT A TO THE CONTRACT IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED TWO THOUSAND AND NO.:100 ($102,000.00);
MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Front
Line Mobile Health, PLLC, for Annual Medical Evaluation services for the Fire Department. A copy of
said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Front Line
Mobile Health, PLLC, in an amount not to exceed the fees in the Compensation and Professional Fees
contract attached as Exhibit A, in an amount not to exceed ONE HUNDRED TWO THOUSAND AND
NO 100($102,000.00), in accordance with said agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Co cil of the City of
Baytown this the 23rd day of January, 2025.
C A LE J SON, Mayor
T ST:
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1:•
ANGE JA K �I;Gi °ClecYc
APPROVED AS TO ORM:
SCOTT LEOD D, City Attorney
R:Ordinances and Resolutions Ordinance Drafts 2025-01-23 Ordinance for Professional Services Contract with Front Line Mobile Health.docx
EXHIBIT "A"
PROFESSIONAL SERVICES AGREEMENT
The following Terns of the Professional Service Agreement ("Agreement") are entered into and
made effective on the date of execution of this Agreement by both Parties.
BETWEEN:
FRONT LINE MOBILE HEALTH, PLLC, ("Service Provider"), a professional limited liability
company organized and existing under the laws of Texas, with its principal office located at 4749
Williams Drive, Suite 304, Georgetown, TX 78633, info@frontlinemobilehealth.com;
AND:
The City of Baytown, Texas ("Contracting Agency"), a governmental agency organized and
existing under the laws of Texas, with its principal office located at 3200 N. Main St, Baytown,
TX 77521 which may be contacted at
Email Address: Q° 109S&o Vi n .o is
Point of Contact: Ck (�Y O sw vt
Name Phone Number
Service Provider and Contracting Agency may be referred to herein individually as "Party," or
collectively as "Parties."
vN'HEREAS Service Provider is in the business of providing professional medical services
relating to Pre- Employment Medical Evaluations, Annual Medical Evaluations, and
Psychological Evaluations; and
WHEREAS Contracting Agency will provide such medical services to Contracting Agency's
personnel who volunteer to undergo these evaluations.
NOW,THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Parties hereto, intending to be legally bound, agree as follows:
AGREEMENT
Service Provider will provide the following services to Contracting Agency under the tenns of
this Agreement:
1. ENTIRE AGREEMENT
1.1. This Agreement, recitals, and attachments represent the entire understanding and
agreement between Service Provider and Contracting Agency, and supersede all other
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negotiations, proposals, understandings, and representations (written or oral) made by
and between Service Provider and Contracting Agency. This Agreement includes the
following attachments which are incorporated herein:
1.1.1. Exhibit A, "Requirements for Firefighters" referencing 14 Essential Job
Tasks from NFPA 1582 Chapter 6 (Firefighter Candidates) Chapter 7
(Firefighter Incumbents)
1.1.2. Exhibit B, "Scope of Services and Fee Schedule;"
1.1.3. Exhibit C, "Charges for No-Shows, Cancellations, Partially Completed
Evaluations and Make-up Policy;"
1.1.4. Exhibit D,"Scope of Services and Fee Schedule for Psychological Suitability
Evaluations;"
1.1.5. Exhibit E, "Examinee Waiver;"
2. TERM
2.1. The initial tenn of this Agreement shall begin on October 1, 2024(the"Effective Date")
and shall expire on Sept 30, 2025 ("Expiration Date"), unless tenninated earlier in
accordance with this Agreement ("Initial Tenn"). After the Initial Tenn, Contracting
Agency 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 2.2.
2.2. Service Provider 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 50 o at the start of each year the Agreement is renewed.
3. DEFINITIONS
The terns used in this Agreement shall have the following meaning:
"Authority Having Jurisdiction" ("AHJ") shall mean and refer to Contracting Agency's
Authority Having Jurisdiction (as that tenn is defined in NFPA 1582 Section 3.2.2) as an
organization, office, or individual responsible for enforcing the requirements of a code or
standard, or for approving equipment, materials, an installation or a procedure. The AHJ
for Contracting Agency is the City of Richmond Human Resources Department.
"Annual :Medical Evaluation" shall mean and refer to periodic evaluation of Incumbent
Police and Firefighters to assess the each one's ability to meet the appropriate standards
regarding Firefighter or Law Enforcement Officer fitness, as well as to identify areas of
the person's medical status that may indicate the possibility of future health issues and or
impact that participant's ability to carry out the essential job tasks associated with his or
her position.
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"Candidate Firefighter or Police Officer" shall mean and refer to a person whom the
Fire or Police Department leadership wants medically evaluated before starting
employment.
"Confidential Information" shall mean and refer to all information or material that has
or could have commercial value or other utility in a disclosing party's business, and that is
disclosed by one Party to this Agreement to the other in connection with or incidental to a
Party's performance under this Agreement.
"Human Performance Assessment" shall mean and refer to a series of self-reported
standardized behavioral health assessments that measure the Participant's condition
regarding behavioral health attributes that Service Provider has determined impact the
Participant's personal and work performance.
"Incumbent Firefighter or Police Officer" shall mean and refer to a Participant who has
been hired and is no longer a Candidate firefighter or police officer candidate.
11NFPA 1582" shall mean and refer to the National Fire Protection Association standard
titled: NFPA 1582 Standard on Comprehensive Occupational Medical Program for Fire
Departments, as effective as of the Effective Date of this Agreement.
"Participant" shall mean and refer to Contracting Agency personnel for whom Service
Provider conducts an evaluation of any kind pursuant to this Agreement.
"Pre-Employment Medical Evaluation" shall mean and refer to a series of laboratory
tests, diagnostic exams, hands-on physical exam and consultation with a medical provider
to assess whether the Candidate meets the minimum requirements provided to Service
Provider by Fire Department or Police Department leadership.
"Post-Offer Psychological Evaluations" shall mean and refer to comprehensive
psychological evaluations of Candidate Firefighters or Candidate Police Officers
conducted by licensed psychologist after a job offer has been made to the Candidate.
"Psychological Evaluation" shall mean and refer to a comprehensive psychological
evaluation of Candidate or Incumbent Police Officer or Firefighter conducted by licensed
psychologist.
"Psychological Wellness Check" shall mean and refer to a self-reported Behavioral
Health analysis tool using standard psychological tests.
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4. COMPENSATION
4.1. Contracting Agency will compensate Service Provider for services performed in the
amounts specified in the attached Exhibit B, "Fee Schedule."
4.2. Contracting Agency will compensate Service Provider for partially completed
examinations in accordance with the provisions listed in Exhibit C, "Charges for
Partially Completed Evaluations."
4.3. The signed Agreement between Service Provider and Contracting Agency
acknowledges that Contracting Agency agrees to Service Provider's"Make-up Policy"
as set forth in Exhibit C to this Agreement.
5. PAYMENT
5.1. Service Provider will invoice Contracting Agency for services completed in accordance
with the Fee Schedule. Unless otherwise agreed in writing by the parties, all invoices
are payable within thirty (30) days of the invoice date.
5.2. If a Participant evaluation is re-scheduled through a request initiated by Contracting
Agency, invoicing will still take place for services rendered according to the Fee
Schedule.
5.3. If Service Provider initiates the re-scheduling of a Participant evaluation, then Service
Provider shall delay issuing an invoice for the re-scheduled evaluation until the
evaluation is complete.
6. NON-APPROPRIATION
6.1. The Parties acknowledge and agree that the Fee Schedule set forth in this Agreement is
based upon Contracting Agency's current appropriated revenues.
6.2. It is understood and agreed that Contracting Agency shall have the right to tenninate
this Agreement at the end of any Contracting Agency fiscal year if the governingbody
of the Contracting Agency does not appropriate funds sufficient to compensate for the
services, by providing immediate written notice to Service Provider of the non-
appropriation.
7. PROFESSIONAL SERVICES TO BE PROVIDED
7.1. Service Provider will work with Contracting Agency and the AHJ to develop the medical
testing parameters of the Annual Medical Examination for Incumbent Firefighters and
Police Officers using the latest version of NFPA 1582 and appropriate law enforcement
standards as a basis of the Annual Medical Examination and adding the most recent,best
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medical science standards, in cardiovascular testing, blood work, and other medical
testing to include testing for pulmonary function and cancer.
7.2. Service Provider will work with Contracting Agency to provide an annual"Psychological
Wellness Check" for Incumbent Firefighters and Police Officers during their Annual
Medical Evaluation known as the Human Performance Assessment. The Human
Performance Assessment will be conducted by a Physician Assistant or M.D. D.O.
7.3. Service Provider shall apply and use the standards found in the latest version of NFPA
1582 and appropriate Law Enforcement standards in performing all evaluations pursuant
to this Agreement.
7.4. Service Provider will work with Contracting Agency and the applicable AHJ to provide
Candidate Firefighters or Police Officers with an optional entry-level Psychological
Evaluation by a qualified Psychologist.
7.5. Contracting Agency acknowledges and agrees that Service Provider does not and shall
not provide advice or recommendations regarding, or make, direct, encourage, or
otherwise take responsibility for employment decisions, including but not limited to
Contracting Agency's employment-related decisions regarding whether Contracting
Agency hires, fires, prornotes, demotes, increases or decreases pay, adjusts or restricts
personnel assignments or job duties, or takes any other potentially adverse employment
action against Contracting Agency's personnel and employees. For the avoidance of
doubt, Contracting Agency shall be solely liable for all employment decisions made in
connection with any Participant.
8. LIMITED SCOPE OF :MEDICAL EVALUATION
8.1. Service Provider's Annual Medical Evaluation is limited to only those services
specified in Exhibit B, "Scope of Services" and in compliance with Exhibits C and D,
using the latest version of NFPA 1582 with modifications for Incumbent Firefighters
and appropriate law enforcement standards..
8.2. The Annual Medical Evaluation is intended to meet or exceed the National Fire
Protection Association standard titled: NFPA 1582 Standard on Comprehensive
Occupational Medical Program for Fire Departments, and Service Provider shall
perform all evaluations in accordance with applicable updated, adopted, and accepted
medical industry standards.
8.3. The Annual Medical Evaluation is conducted for the sole purpose of providing a
recommendation to Contracting Agency regarding Participant's medical fitness for duty
in light of the Participants actual or anticipated essential job tasks.
8.4. It is understood that medical and psychological evaluations are NOT a functional or
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occupational assessment. If an Incumbent Police Officer or Firefighter, Candidate
Police Officer or Firefighter, or staff participant refuses to acknowledge the limited
scope of service or otherwise refuses to participate in any part of the evaluation, then
Service Provider reserves the right to decline to make a recommendation of that
Participant's medical fitness for duty.
8.5. It is also understood that an Annual Medical Evaluation alone cannot determine the
occupational success of the Participant, and therefore, Service Provider recommends
that Contracting Agency combines the Annual Medical Evaluation with other
occupational specific evaluations in determining a Participant's overall fitness for duty,
such as a job analysis and skill performance for the essential elements of the job.
8.6. Contracting Agency acknowledges that Psychological Evaluations cannot determine
the occupational success of a Participant, and therefore, Contracting Agency releases
Service Provider from any adverse candidate outcome.
8.7. AHJ or Contracting Agency is not required to adopt the latest version of NFPA 1582.
Contracting Agency, Fire Chief, Police Chief and AHJ shall have final authority and
responsibility for all employment decisions made in connection with the services,
recommendations, and or reports provided by Service Provider.
9. DISPUTED RESULTS
9.1. This Agreement is between Contracting Agency and Service Provider only.SERVICE
PROVIDER SHALL NOT HAVE AN AGREEMENT WITH THE PARTICIPANT(S)
TESTED.
9.2. In the event a Participant disputes the recommendation submitted by Service Provider
to Contracting Agency,the resolution of such dispute will be accomplished through the
process established by Service Provider and Contracting Agency.
9.3. Contracting Agency shall be responsible for all expenses incurred for Service Providers
re-testing or re-evaluation of a Participant.
EVALUATIONS PROVIDED
10. ANNUAL INCUMBENT FIREFIGHTER or POLICE OFFICER MEDICAL
EVALUATIONS
10.1. Service Provider will provide an Annual Medical Evaluation for Participants identified
by Contracting Agency, as set forth in the attached Exhibit A, "Requirements,".
10.2. In addition, Contracting Agency may initiate a change order to add additional lab tests
and other offerings provided by Service Provider at Service Provider's then-current
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pricing.
11. PRE-ENIPLOYiNIENT CANDIDATE FIREFIGHTER OR POLICE OFFICER
MEDICAL EVALUATION
11.1. Service Provider will perform Pre-Employment Medical Evaluations and
Psychological Evaluations for Contracting Agency, addressing the applicable
components listed under the provisions in Exhibit A, "Requirements," and in
compliance with NFPA 1582 and appropriate Law Enforcement standards.
12. LOCATION AND SCHEDULE OF SERVICES TO BE PROVIDED
12.1. Annual Medical Evaluations. Annual Medical Evaluations will be conducted by
Service Provider at a location mutually agreeable to the Parties. These Annual Medical
Evaluations will be provided on a schedule that is mutually agreeable to the Parties,
with the understanding that all Annual Medical Evaluations must be completed by the
end of the Agreement Tenn.
Pre-Employment Medical Evaluations. Pre-Employment Medical Evaluations will
take place at one of Service Provider's clinics on a schedule mutually agreeable to the
Parties. Service Provider specifically acknowledges that time is of the essence for
scheduling Pre- Employment Medical Evaluations and Psychological Evaluations and
will make all reasonable efforts to complete such evaluations within the timespecified
by Contracting Agency. Contracting Agency acknowledges that it takes no less than
two weeks to coordinate, schedule, perform, and to report on any results obtained from
the Pre-Employment Medical Evaluations. Contracting Agency acknowledges that it
takes no less than three weeks to coordinate, schedule, perform, and report on any
Psychological Evaluations perfonned for Pre- Employment or Post-Offer
Psychological Evaluations. Service Provider reserves the right to conduct
Psychological Evaluations via a HIPAA compliant telehealth platfonn.
13. ADDITIONAL SERVICES
13.1. To receive any additional services not provided for under this Agreement,Contracting
Agency must separately contract with Service Provider under a change order. No
services other than those specifically identified under this Agreement will be provided
without a change order.
13.2. Additional services may be requested by Contracting Agency at any time and will be
consistent with the services and fees set forth in Exhibit B, "Scope of Services and Fee
Schedule," of the Agreement.
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ADDITIONAL TERMS AND CONDITIONS
14. TERMINATION
14.1. Contracting Agency may tenminate this Agreement for non-appropriation of sufficient
funds as set forth in Paragraph 6.
14.2. If either Party materially breaches any covenant under this Agreement, the other Party
may notify the breaching Party in writing and, if the breach is not cured within 30 days,
the non- breaching Party may terminate this Agreement.
14.3. Service Provider may immediately suspend services if it reasonably believes continued
service would violate State or Federal law or violate applicable rules of professional
conduct. Service Provider shall provide prior notice to Contracting Agency of
suspended services.
14.4. In the event that this Agreement is tenninated prior to the Expiration Date, Contracting
Agency shall pay Service Provider for all services actually rendered up to the effective
date of tennination and Service Provider shall continue to provide Contracting Agency
with services requested by Contracting Agency and in accordance with this Agreement
up to the date of termination. Upon termination of this Agreement for any reason,
Service Provider shall provide Contracting Agency with copies of all completed or
partially completed documents prepared under this Agreement. In the event Service
Provider has received access to Contracting Agency's infonnation or data as a
requirement to perfonn services hereunder, Service Provider shall return all Contracting
Agency provided data to Contracting Agency in a machine-readable format or other
format deemed acceptable by Contracting Agency.
15. INDEPENDENT CONTRACTING AGENCY
15.1. The Agreement shall not be construed as creating an employer employee relationship,
a partnership, or joint venture. Service Provider's services shall be those of an
independent contracting agency.
15.2. Service Provider agrees and understands that the Agreement does not grant any rights
or privileges established for employees of Contracting Agency.
15.3. Service Provider shall not be within protection or coverage of Contracting Agency's
Worker Compensation Insurance, Health Insurance, Liability Insurance, or any other
insurance that Contracting Agency, from time to time, may have in force for its existing
employees.
16. NON DISCOSURE AND CONFIDENTIALLY
16.1. Contracting Agency acknowledges and agrees that, in the course of the Parties'
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performance under this Agreement, Contracting Agency may receive or have access
to Confidential Information, proprietary information, and or trade secrets belonging to
Service Provider in the course of the Parties' respective performance under this
Agreement. Contracting Agency understands that: (i) Confidential Information is
commercially and competitively valuable to Service Provider and that it and its
protection are vital to the success of Service Provider's business; (ii) the use or
disclosure of Confidential Information by Contracting Agency, except in accordance
with this Agreement, would cause irreparable harm to Service Provider; and (iii)
nothing contained in this Agreement shall prohibit Service Provider from pursuing any
remedies; whether at law or in equity, available to Service Provider for a breach or
threatened breach of this Agreement, including the recovery of damages from, and
injunctive relief against Contracting Agency and its members, both appointed or
elected.
16.2. During the tern of this Agreement and following the tennination thereof, Contracting
Party, to the extent permitted by law, will not use or disclose, directly or indirectly,
any Confidential Information in any manner or for any purpose not in accordance with
this Agreement or Texas law. Upon termination of this Agreement,or at any time upon
Service Provider's request, Contracting Party agrees to surrender to Service Provider,
or destroy at Service Provider's request, some or all records, notes, notebooks, or the
like, relating to Service Provider's operations, products, or business made orreceived
by it during the term of this Agreement. Upon termination of this Agreement,
Contracting Party will return all other Service Provider's property in its custody, and
shall be bound by this Non-Disclosure and Confidentiality Agreement.
16.3. Notwithstanding the foregoing, Contracting Agency may disclose Confidential
Information to the extent required by law. As required by the Texas Public Information
Act (the "Act"), Contracting Party will notify Service Provider in the event a public
information request made to Contracting Agency encompasses any information
protected by this Agreement. As authorized by the Act, Service Provider may submit
arguments against disclosure of the requested information directly to the Office of the
Texas Attorney General. Contracting Agency will only release the requested
infonmation if required to do so by the Office of the Texas Attorney General.
16.4. Exclusions from Confidential Information. Contracting Agency's obligations under
this Agreement do not extend to information that is: (a) publicly known at the time of
disclosure or subsequently becomes publicly known through no fault of the Receiving
Party; (b) discovered or created before disclosure by Service Provider; (c) learned by
Contracting Agency through legitimate means other than from Service Provider or its
representatives; or (d) is disclosed by Contracting Agency with Service Provider's
prior written approval.
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17. HIPAA COMPLIANCE
17.1. Service Provider is currently compliant and will remain compliant with all security
measures required by the Health Insurance Portability and Accountability Act of 1996
("HIPAA") and the Health Information Technology for Economic and Clinical Health
Act of 2009 ("H ITECH")
17.2. Contracting Agency acknowledges that once Service Provider has delivered a medical
or psychological evaluation recommendation, as outlined in this Agreement, it is
Contracting Agency's responsibility to maintain these reports and protect this
information as outlined by HIPAA and HITECH.
18. INSURANCE
18.1. Service Provider shall keep in full force and effect insurance coverage during the term
of this Agreement, including without limitation statutory workers' compensation
insurance; employer's liability and commercial general liability insurance;
comprehensive automobile liability insurance if Service Provider has its own vehicles;
and professional liability insurance.
18.2. The insurance certificate shall name Contracting Agency, its agents, officers,
servants, and employees as additional insureds under the commercial general liability
and automobile policies with respect to the operations and work performed by the
named insured as required by written contract.
18.3. The General Liability policy is Primary &Non-Contributory.
18.4. Waiver of Subrogation applies under the General Liability and Workers'
Compensation policies. The commercial general liability insurance minimum
coverage shall be at least S1,000,000 per incident, claim or occurrence, and
$1,000,000 aggregate. The Automobile Liability insurance minimum coverage shall
be at least $350,000 covering all owned, non- owned, and hired vehicles. The
certificate shall provide that there will be no cancellation,termination,or non-renewal
of the insurance coverage without a minimum 30-day written notice to Contracting
Agency, except in the case of cancellation for non-payment of premium, which shall
beat least 10 days written notice.
19. LIABILITY AND INDEMNIFICATION
19.1. SERVICE PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL
INJURY TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE
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NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR
INTENTIONAL MISCONDUCT OF SERVICE PROVIDER, ITS OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES.
19.2. FURTHERMORE, SERVICE PROVIDER HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
CONTRACTING AGENCY, ITS OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, IN CONTRACT OR TORT, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
SERVICE PROVIDER'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY TO ANY AND ALL PERSONS
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO
THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS,
MALFEASANCE, OR INTENTIONAL MISCONDUCT OF SERVICE
PROVIDER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
20. FORCE NIAJEURE
20.1. Neither Party shall be liable hereunder for any failure or delay in the perfonnance of
its obligations under this Agreement if such failure or delay is on account of causes
beyond its reasonable control, including civil commotion, war, fires, floods, accident,
earthquakes, inclement weather, telecommunications line failures, electrical outages,
network failures, governmental regulations or controls, casualty, strikes or labor
disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health
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emergencies, acts of God,or other similar or different occurrences, for so long as such
force majeure event is in effect. Each Party shall use reasonable efforts to notify the
other Party of the occurrence of such an event within five (5) business days of its
occurrence.
21. CONFLICTS OF INTEREST
21.1. Texas Local Government Code Chapter 176 ("Chapter 176") requires the disclosure
of certain matters by contracting agencies doing business with or proposing to do
business with local governmental agencies such as Contracting Agency. Service
Provider has reviewed Chapter 176 and, if it is required to do so, will disclose such
matters within seven(7) days of the date of submitting this Agreement to Contracting
Agency, or within seven (7) days of becoming aware of a matter that requires
disclosure, whichever is applicable.
22. NON-BOYCOTT VERIFICATION
22.1. For purposes of Chapter 2270 of the Texas Government Code, Service Provider
represents and warrants that, at the time of execution and delivery of this Agreement,
neither Service Provider, nor any wholly owned subsidiary, majority owned
subsidiary, parent company, or affiliate of Service Provider, boycotts Israel. Service
Provider agrees that,except to the extent otherwise required by applicable federal law,
neither Service Provider nor any wholly owned subsidiary, majority owned
subsidiary, parent company,or affiliate of Service Provider, will boycott Israel during
the tenn of this Agreement. The tenns "boycotts Israel" and "boycott Israel" as used
in this clause have the meaning assigned to the teen "boycott Israel" in Section
808.001 of the Texas Government Code.
23. NO BUSINESS WITH FOREIGN TERRORIST VERIFICATION
23.1. For purposes of Subchapter F of Chapter 2252 of the Texas Government Code,
Service Provider represents and warrants that, at the time of execution and delivery
of this Agreement, neither Service Provider, nor any wholly owned subsidiary,
majority owned subsidiary, parent company, or affiliate of Service Provider engages
in business with Iran, Sudan, or any foreign terrorist organization, as described in
Chapter 2252 of the Texas Government Code, or is a company listed by the Texas
Comptroller under sections 2270.0201 or 2252.153 of the Texas Government Code.
The teen "foreign terrorist organization" as used in this clause has the meaning
assigned to such teen in Section 2252.151 of the Texas Government Code.
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24. NO WAIVER
24.1. The waiver by either Party of a breach or violation of any provision of this Agreement
shall not operate as or be construed as a waiver of any subsequent breach hereof.
25. NONDISCRIMINATION
25.1. Service Provider, with regard to the work perfonned by it after award and prior to
completion of this Agreement, shall not discriminate on the basis of race, color, sex,
or national origin, including procurements of materials and leases of equipment.
Service Provider shall not participate either directly or indirectly in the discrimination
prohibited by any Federal, State, or local law.
25.2. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY SERVICE PROVIDER, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, OR SUCCESSORS IN INTEREST, SERVICE
PROVIDER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CONTRACTING AGENCY AND HOLD CONTRACTING
AGENCY HARMLESS FROM SUCH CLAIM.
26. NOTICES
26.1. Any notice or communication permitted or required by this Agreement shall be
deemed effective when personally delivered or deposited,postage prepaid, in the first-
class mail of the United States properly, or sent via electronic means, addressed to the
appropriate party at the address set forth in the identification of Parties section of this
Agreement.
27. CONSTRUCTION
27.1. The captions or headings in this Agreement are for convenience only and do not
define, limit, or otherwise describe the scope or intent of any provision or section of
this Agreement. References to the singular include the plural and vice versa.
28. SEVERABILITY
28.1. If any provision of this Agreement is found to be contrary to law by a court of
competent jurisdiction,such provision shall be of no force or effect; but the remainder
of this Agreement shall continue in full force and effect.
29. COMPLETE AGREEMENT
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29.1. This Agreement supersedes all prior oral or written agreements and understandings
between the Parties respecting the subject matter thereof, and constitutes the entire
agreement between the Parties, and cannot be changed unless mutually agreed upon
in writing by both Parties.
30. GOVERNING LAW: SUCCESSORS AND ASSIGNS
30.1. This Agreement and all matters or issues directly or collaterally relating thereto shall
be interpreted by, governed in accordance with, and construed pursuant to the laws of
the State of Texas without regard to its conflict of laws and rules, and both Parties
agree to submit to jurisdiction in Texas.
30.2. Further, any action arising out of or relating to the perfonmance of the parties
hereunder, or the interpretation of this Agreement shall be brought exclusively in a
court of competent jurisdiction located in 1laarris County,Texas.
30.3. This Agreement shall be binding upon and inure to the benefit of the Parties hereto
and their respective permitted successors and assigns.
31. COUNTERPARTS
31.1. This Agreement may be executed in one or more counterparts and each counterpart
shall, for all purposes, be deemed an original, but all such counterparts shall together
constitute one and the same instrument.
[Signature Page Follows]
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SIGNATURES
"Contracting Agency" "Service Provider"
THE CONTRACTING AGENCY OF Front Line Mobile Health,PLLC
By:Name, Title y ame, Man/agg. g Member
Date Signed: Date Signed: �� D
Approved as to form:
By Name, Title
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EXHIBIT A
Requirements for Firefighters
NFPA 1582 is not incorporated by reference due to the size of the document. However, these
fourteen (14) Essential Jobs tasks are included for reference and can be superseded by the
Contracting Agency's job descriptions if provided to Service Provider:
(1) Wearing personal protective equipment (PPE) and self-contained breathing apparatus
(SCBA)while performing firefighting tasks(e.g., hose line operations,extensive crawling,
lifting, and carrying heavy objects, ventilating roofs or walls using power or hand tools,
forcible entry), rescue operations, and other emergency response actions under stressful
conditions, including working in extremely hot or cold environments for prolonged time
periods.
(2) Wearing an SCBA, which includes a demand-valve-type positive-pressure facepiece or
HEPA filter mask, which requires the ability to tolerate increased respiratory workloads.
(3) Exposure to toxic fumes, irritants, particulates, biological (i.e., infectious) and
nonbiological hazards, or heated gases, despite the use of PPE and SCBA.
(4) Climbing at least six flights of stairs or walking a similarly strenuous distance and incline
in jurisdictions without tall buildings while wearing PPE and SCBA, commonly weighing
40 501bs. (18 23 kg), and carrying equipment tools weighing an additional 20-40 lbs. (9
18 kg).
(5) Wearing PPE and SCBA that is encapsulating and insulated,which will result in significant
fluid loss that frequently progresses to clinical dehydration and can elevate core
temperature to levels exceeding 102.2 F (39 Q.
(6) Working alone while wearing PPE and SCBA, searching, finding, and rescue-dragging or
carrying victims ranging from newborns to adults weighing over 165 lbs. (75 kg) to safety
despite hazardous conditions and low visibility.
(7) While wearing PPE and SCBA,advancing water-filled hose lines up to 1 3/4 in. (45 mm) in
diameter from fire apparatus to occupancy (approximately 150 ft (50 m)J, which can
involve negotiating multiple flights of stairs, ladders, and other obstacles.
(8) While wearing PPE and SCBA, climbing ladders, operating from heights, walking or
crawling in the dark along narrow and uneven surfaces that might be wet or icy, and
operating in proximity to electrical power lines or other hazards.
(9) Unpredictable, prolonged periods of extreme physical exertion as required by emergency
operations without benefit of a wann-up period, scheduled rest periods, meals, access to
medication(s), or hydration.
(10)Operating fire apparatus or other vehicles in an emergency mode with emergency lights
and sirens.
(11)Critical, time-sensitive, complex problem solving during physical exertion in stressful,
hazardous environments, including hot, dark, tightly enclosed spaces, that is further
aggravated by fatigue, flashing lights, sirens, and other distractions.
(12)Ability to communicate (i.e., give and comprehend verbal orders) while wearing PPE and
SCBA under conditions of high background noise, poor visibility, and drenching from hose
lines or fixed protection systems (e.g., sprinklers).
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(13)Functioning as an integral component of a team, where sudden incapacitation of a member
can result in mission failure or in risk of injury or death to members of the public or other
team members.
(14)Working in shifts, including during nighttime,that can extend beyond 12 hours.
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EXHIBIT B
Scope of Services and Fee Schedule
Exams and Tests to be done
Contracting Agency has chosen the "ESSENTIALS" level of services for its Annual Medical
Evaluations from Service Provider for the Fiscal Year 2024-2025 contract period.
Service Provider reserves the right, upon prior notice to Contracting Agency, to modify the list of
services in this Exhibit in the event better results can be obtained by using different lab tests or
methodologies. Cost will not change without the approval of the Contracting Agency.
Additional lab tests are available and can be added to this Agreement at Service Provider's then
current pricing through the Change Order process established by Service Provider.
For the 2024-2025 fiscal period, the general scope of services to be performed by Service Provider
for an Annual Medical Evaluation includes, but is not limited to, the following:
ESSENTIALS LEVEL LAB TESTS AND PHYSICAL EXAMS
Pefsonahted Risk Assessment
Health Questrornave&S•reee.vg
Annual Human Performance Assessment
Physical E•aniwation&Co-sultatipr w!Medical Provides
LABORATORY ANALYSIS
•Complete CBC
•Lipid Panel
•Compreheoswe Nlclabolr_Panel
-Prostate Specific Antigen(male)orCA t?5(female)PERFORMED DURING A CANCER-SCREENING YEAR
•Urtnalysi; withnii ro5lopic
•Apohooprotem PERFORMED DURING A CARDIAC-SCREENING YEAR
Upoprotew(a)PERFORMED DURING A CARDIAC-SCREENING YEAR
Fecal Occult Blood PERFORMED DURING A CANCER-SCREENING YEAR
Uric ALi{,PERFORMED DURING A CANCER-SCREENING YEAR
Thyroid Stimulating Hormone i-T4 PERFORMED DURING A CANCER-SCREENING YEAR
HBAtC
Vision Screening
Body Composdion Aralys4
Audiogram
Card,opulrnonary Eaerase Test(CPET PERFORMED DURING A CARDIAC-SCREENING YEAR
Chest Radiograph(x-Rayl PERFORMED DURING A CANCER-SCREENING YEAR
Carcer5cieemngUltrasound thir• I ( .eiculir rnieorlrr abdomerHive, gallblidder paocra .ovanes.ror.arras. e)PERFORMED DURING A CANCER
SCREENING YEAR
The price for ESSENTIALS for the 2024-25 fiscal contract period is $600 per Participant and is
subject to change in subsequent years. Hazmat add-on remains at $150 per Participant.
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City of Baytown
Department Physician Services Agreement
Front Line agrees to provide the following services on an on-going basis as part of the Professional
Services agreement:
In addition to the other services that will be delivered by Front Line under the Professional Services
Agreement currently in place with Contracting Agency, we will:
• Provide by telephone, text or email medical consultation to Contracting Agency Leadership
as it relates to its Member's ability to be medically present for work
• Telephone calls, texts or emails seeking the services offered under this Department
Physician Services Agreement will be answered or returned during the hours of 0800 to
1800, Monday through Friday, Federal holidays excluded. Any request that comes in
outside of those hours will be answered the next business day.
• Determine work status of the Member via telephone support or an in-person examination
after a medical or dental injury that occurs both on-duty as well as off-duty
• Determine Member's ability to perform duties while taking prescription medications
• Perform Fit-for-Duty examinations following a work or non-work-related injury
• Follow-up with Members (or Candidates who become Members) who were noted to have
significant health issues on the Annual or Candidate physical examination
• Provide guidance and accurate testing records for the immunization by Contracting Agency
personnel for communicable disease for Members who were discovered deficient on the
Annual or Candidate exam in concert with Contracting Agency policy regarding
immunizations
• Provide drug screening of non-sworn personnel
• Assist the Contracting Agency in developing procedures for random drug testing of
Members and drug testing after an accident or other abnormal event
• Train and educate Members on topics chosen by Contracting Agency leadership, such as but
not limited to, general health and wellness information, epidemiologic data, orthopedic
injuries, behavioral health tools, and general department health
• Participate in safety meetings, command and staff meetings, and any other meeting the Fire
Chief deems necessary at the Fire Chief s discretion
• Maintain a Medical Directorship with a Board-certified physician, licensed in Texas, for all
services provided
FEES and Billing
Department Physician Services are billed monthly at the rate of$28 per sworn
officer. The number of sworn officers is established at the start of this Agreement
and is recalculated at each annual renewal.
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Cancellation
Contracting Agency may cancel the services performed under this Department Physician
Services Agreement by giving Front Line at least 30 days written notice and paying for work that
has commenced but is unbilled up to that time.
In addition to any other termination/cancellation clauses found elsewhere in this Agreement,
we may terminate services provided under this Exhibit if:
• Contracting Agency does not comply with this agreement and Front Line forms the
opinion, on reasonable grounds, that mutual confidence and trust do not exist
between both parties, or
• Front Line believes on reasonable grounds that by continuing to act for Contracting
Agency, it may breach the professional conduct rules which are binding upon
medical professionals.
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Exhibit C
Charges for No-Shows,Cancellations, and Partially Completed Evaluations
Charges for No-shows and Cancelled Appointments for Non-Mandatory Evaluations
There will be a no show cancellation charge of 100°o of the per physical contracted amount if a
participant makes an appointment but fails to keep his'her scheduled appointment or cancels with
less than 72 hour notice for anything but a work-related issue.
If a participant cancels with a minimum of 72 hours of notice and reschedules, there will be a re-
processing charge of 500 o of the contract amount per physical. If lab tests and the initial online
data collection were done more than 90 days before the new appointment, those tests may have to
be re-run at the discretion of the Service Provider and at additional cost.
Partially Completed Evaluations
In the event a Participant of Contracting Agency withdraws and does not complete the entire
medical evaluation process conducted by Service Provider, cancellation charges will be billed to
Contracting Agency, based on how many of the steps have been completed by the participant. The
charges will be based on the following:
1. If a Participant (Incumbent or Candidate) has a scheduled appointment but leaves the Contracting
Agency before any specimens are collected or lab tests have taken place, a charge of 500 o of the
cost for an annual or candidate physical will be assessed to compensate Service Provider for
initial electronic processing.
2. If a Participant withdraws after the specimen collection and lab tests, the charge will be 1000 o of
the cost for an annual or candidate physical.
In the event a participant withdraws from the process due to injury, FLMA, deployment or other
extenuating circumstances, Service Provider and Contracting Agency agree to negotiate an
appropriate cancellation charge, depending on if when the participant is scheduled to resume duties.
Make-up Policy
While the Contractor has staff available at the Contracting Agency's location or at another Fire
Department in the area for the physicals scheduled, the Contractor will coordinate and reschedule
for 30 days after the close of the exams for Contracting Agency any portion of the medical
evaluation directly with any member that was not available during the pre-determined event
schedule. After 30 days the responsibility for scheduling the incomplete portion of the exam rests
with the Contracting Agency. If the participant is not able to complete all steps of the evaluation
while Contractor has staff available in the area, a determination will be made as to completing the
remaining steps in one of Service Provider's clinics, using remote access or using other Telehealth
capabilities.
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Exhibit D
Scope of Services and Fee Schedule for Psychological Suitability Evaluations
The purpose of this optional psychological screening, conducted by the Front Line staff forensic
psychologist, is two-fold. When evaluating potential Candidate Firefighters, the goal is to screen
out or deselect candidates who do not meet minimum requirements and standards. When evaluating
sworn officers considered for promotion or movement to positions of greater responsibility, the
goal is to select- in or identify the best candidates from among those who have already been
determined to meet minimum qualifications.
The psychological evaluation is conducted at the post-offer phase or during the promotion
evaluation phase, although both include an assessment of normal-range personality traits and
characteristics. The test scores are interpreted within the context of other information gathered
from interviews, behavioral observations, reviews of psychological and other relevant medical
records, as well as infonnation provided by third parties (e.g., background investigators, health
professionals). The integration of infonnation from across a variety of sources serves to strengthen
the confidence placed in the resulting inferences.
SUITABILITY EVALUATION
Individualized evaluation
Re%iex%. of Department Documents (illVestigation.
pol)graph)
Clinical Intervie%N \\ith Psychologist
Psychological Testing:
Personality Assessment Inventory (PAI)
State and Trait Anxiety Inventory(STAXI)
Completed Risk Matrix
Dichotomous Recommendation for Hire
The cost per suitability evaluation for the 2024-25 fiscal contract period is $475.00 per Participant.
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Exhibit E
Examinee
Waiver
Scope of Service
To be signed by each Participant examined
By initialing and signing below, I acknowledge that I understand the scope of the medical services
I receive today is solely to identify whether I am physically and mentally able to continue to
perform my essential job duties without undue risk of harm to myself or others,in accordance with
the standards established under the National Fire Protection Association 1582 (Standard on
Comprehensive Occupational Medical Program for Fire Departments,2022 Edition)or appropriate
Law Enforcement Standards.
Initial
I acknowledge and understand that Front Line Mobile Health, PLLC, is not establishing a patient-
provider relationship. This evaluation is performed pursuant to the Professional Services
Agreement between Front Line Mobile Health, PLLC, and your department, and or Texas Local
Government Code, Chapter 143 (if applicable), and or your department's labor management
agreement (if applicable) and it does not replace those evaluations or health care treatment plans
recommended by my primary care physician/manager or other specialty provider. I will discuss
any abnormal findings or results with my primary care physician/manager for a comprehensive
diagnosis and treatment plan.
Initial
Please note that due to the sensitivity of the testing equipment and lab procedures used by Front
Line Mobile Health, PLLC,abnonnal results and findings, along with revaccination or intervention
after certain exposures, may be detected that are of insignificant physiological importance
concerning your ability to perform your duties. However, they may warrant a recommended
referral to your primary care physician/manager. You are encouraged to discuss these abnonnal
results and findings with them. Please note that Front Line Mobile Health, PLLC, will not
reimburse you or your department for the cost of any appointments, additional examinations, or
testing you and your primary care physician choose to undertake.
Initial
This Annual Medical Evaluation consists of an examination of major body systems, the analysis
of laboratory results, radiographic studies, online questionnaires, and various other diagnostic
studies. All findings and results are strictly confidential and will be provided only to me, unless I
provide a separate written consent for their release. However, I fully understand and acknowledge
that the specific information, results, and findings from the medical examination, evaluation,
laboratory results, and medical findings, will fore the basis of the Medical Director's
recommendation to the Fire or Police Department regarding my continued fitness for duty.
Initial
Non-identifiable aggregated medical and health information gathered from this and other co-
workers' medical examinations will be used to monitor acute and long-term effects of the working
environment;detect patterns of disease in the workforce; provide quantifiable medical information
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on the entire workplace; to inform others in the workforce of the occupational hazards of your
occupation; and for research studies that will be used to identify patterns, make correlations, and
drive positive change in your chosen profession.
Initial
I acknowledge that the Fire Chief or Police Chief, his/her designee, or the Authority Having
Jurisdiction makes the final determination on employment, work restrictions and adherence to
medical recommendations. Front Line Mobile Health, PLLC, and its medical director have no
authority or jurisdiction as it relates to my work status; they only make recommendations. If I wish
to question or contest the results of this exam, I must do so using the rules and regulations adopted
in the Professional Services Agreement between my organization and Front Line Mobile Health,
PLLC.
Initial
Examinee Signature Date
Copy: Examinee
Medical File
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