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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• Prohibition on Contracts with Companies Boycotting Certain Energy Companies. Section 2276,Texas Government Code(S.B.13),restricts the City from contracting with companies that boycott energy companies. By signing below as an authorized signer,Frontier certifies that it does not have a practice,policy,guidance, or directive boycotting energy companies, and will not discriminate against the same during the term of this contract. (Only applies to companies with 10 or more full-time employees and for a contract value greater than $100,000.)Failure to maintain the requirements under this provision will be considered a material breach. 33. Termination Due to Loss of Funding. If City funds are utilized to fund any part of this Agreement,Frontier understands that those City funds for the payment for work performed by Frontier under this Agreement have been provided through the City's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds and enters into this Agreement only to the extent such funds are made available.Frontier acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 34. Notices.All notices referenced in this Agreement shall be provided in writing.Notices shall be deemed effective when delivered by hand delivery or on the third business day after the notice is deposited in the U.S. Mail.Notices shall be sent to the following addresses: If to the City: The City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Purchasing Manager's Office Email: cosmpurchasing@samnarcostx.gov With Copies to: The City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Attorney's Office Email:LegalInfo@sanmarcostx.gov If to Frontier: Frontier Direct Care,LLC 119 W Van Buren Ave, Ste 10 Harlingen,Texas 78550-6400 Attn: Jason Elliott Email: Jason@frontierdirectcare.com The parties may designate alternative persons or addresses for receipt of notices by written notice. 35. Changes in Service. If a Party requires a change or amendment to this Agreement or its Exhibits,the Parties agree to use the Authorization of Change in Services Form in Exhibit D to do so. The Authorization of Change in Services Form must be agreed to and signed by both Parties before any change to this Agreement is effective. 36. Records.Records of Frontier's costs,reimbursable expenses pertaining to the Project and payments shall be available to the City or its authorized representative during business hours and shall be retained for three(3)years after final Payment or abandonment of the Project,unless the City otherwise instructs Frontier in writing.Frontier's records shall be kept on the basis of generally accepted accounting principles. IN WITNESS WHEREOF,this Agreement has been duly executed and delivered by the parties below as of the last date below. 8