Res 2025-182 approving a contract with Frontier Direct care, LLC to build and manage a heallthcare clinic to be used for city employees and who are covered through the City's Health Plan

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• General Liability Insurance: Policy shall provide coverage for premises and operations, products and completed operations, personal injury and blanket contractual coverage. Errors and omissions shall not be excluded or a separate policy covering such exposure shall be maintained. Limit of liability not less than $1,000,000 each occurrence and aggregate. • Automobile Liability Insurance: Business automobile policy covering all owned,hired and non-owned private passenger autos and commercial vehicles. Limit of liability not less than$1,000,000 combined single limit. • Professional Liability/Medical Malpractice: Policy shall provide liability coverage for damages arising out of the negligent acts, errors, or omissions of Frontier in the conduct of their work with limits of liability not less than$1,000,000 per occurrence and$3,000,000 aggregate. • Cyber Liability: Limit of liability not less than$2,000,000 per occurrence. • Umbrella Liability Insurance: Coverage to be in excess of employer's liability, general liability and automobile liability insurance required above with limits of liability not less than $3,000,000 each occurrence and aggregate. 27. INDEMNITY. FRONTIER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF SAN MARCOS, AND ITS CITY COUNCIL, OFFICERS, AGENTS AND EMPLOYEES FROM ANY CLAIMS, CAUSES OF ACTION, LIABILITY, LOSS, DAMAGE OR EXPENSE (INCLUDING ATTORNEY'S FEES) WHETHER THEY BE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER INJURY OR LOSS THAT ARISES OUT OF OR IS RELATED TO FRONTIER'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR ANY ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY FRONTIER OR FRONTIER'S EMPLOYEE, OFFICER,AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH FRONTIER EXERCISES CONTROL. 28. Non-Discrimination—Frontier understands and certifies that it is an Equal Opportunity Employer and does not and will not discriminate in employment and in subcontracts based on race, color, sexual orientation, gender identity, national origin, sex, age, disability or economic condition and prohibits retaliation, discharge, or discrimination against any employee or applicant for employment or against any subcontractor or supplier. Frontier agrees to execute the Non- Discrimination Certificate related to non-discrimination against patients attached hereto as Exhibit C prior to performing services under this Agreement. 29. PRIVACY AND HIPAA COMPLIANCE The Parties acknowledge and agree that they are required to comply with the Health Insurance Portability and Accountability Act of 1996(HIPAA)and its implementing regulations,as well as other applicable federal and state privacy laws and regulations. The Parties shall: • Protected Health Information(PHI):Ensure that all Protected Health Information(PHI)is handled in accordance with HIPAA standards.PHI includes any information that relates to the past,present,or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. • Use and Disclosure: Use and disclose PHI only as permitted or required by this Agreement, HIPAA, and applicable law. The Parties shall not use or disclose PHI in a manner that would violate HIPAA if done by a covered entity. • Safeguards: Implement appropriate administrative, physical, and technical safeguards to protect the privacy and security of PHI. This includes measures to prevent any use or disclosure of PHI other than as provided for by this Agreement. • Breach Notification: Promptly report to the other Party any breach of unsecured PHI as required by HIPAA and applicable federal and state laws. The Parties shall cooperate in investigating and mitigating any such breach. 6