ESBD_459151_1759434731342_South Texas Respite Packet 2025 QTR1.docx

SOUTH TEXAS DEVELOPMENT COUNCIL AGING & DISABILITY RESOURCE CENTER

REQUEST FOR QUALIFICATIONS (RFQ) FOR RESPITE SERVICES

OCTOBER 6,2025

SOUTH TEXAS DEVELOPMENT COUNCIL SOUTH TEXAS AGING & DISABILITY RESOURCE CENTER

Request for Qualifications for Respite Services

I. Background Information

In partnership with the Texas Health and Human Services Commission (HHSC) the South Texas Development Council's (STDC) South Texas Aging and Disability Resource Center (STARDC) is releasing this request for qualifications (RFQ) to utilize funding to provide respite services to individuals with disabilities of any age and /or individuals under the age of 60. The purpose of these services is to assist families within the four (4) county service area of the STADRC who have individuals with disabilities. The intention of the funding is to provide respite services which provide short-term, temporary relief to the informal, unpaid caregiver of eligible individuals. The STDC seeks to select one (1) potential service provider who is qualified to provide respite services.

Figure 1. South Texas ADRC Service Area

II. General Information

RFO/Project Schedule

All responses must be received by 5:00 PM on or before October 27,2025. Responses received after 5:00 PM on October 27,2025 will not be considered. For the respondents’ packet to be considered One (1) original and two (2) copies (total of 3) must be submitted to be considered as the potential service provider.

Proposals must be delivered either:

By Mail to:

South Texas Development Council South Texas Aging and Disability Resource Center C/o Michelle Cuellar, ADRC Supervisor P.O. Box 2187 Laredo, TX 78044

Or Hand Delivered or Courier Service to:

South Texas Development Council South Texas Aging and Disability Resource Center C/o Michelle Cuellar, ADRC Supervisor 1002 Dicky Ln Laredo, TX 78043 Ill. Considerations This RFQ does not constitute an offer. Acceptance of proposals for review does not commit STDC to award or enter into agreement, nor is STDC liable for any costs incurred in the preparation of proposals. STDC reserves the right to award a service agreement to a single bidder, multiple bidders, or to reject any and all proposals or parts of proposals received. STDC reserves the right to negotiate services and costs on any and all proposals or to cancel this RFQ in part or its entirety. Final service agreement(s) will be subject to applicable rules and regulations under the funding requirements.

Proposals submitted in response to this RFQ must comply with the specifications stated herein. Failure to adhere to the formatting requirements may result in the proposals being determined non-responsive and may result in the elimination of the proposal for consideration. At the option of STDC, any or all aspects of the successful proposal(s) will become service agreement obligations if acquisition action ensues. Failure of the successful bidder to accept these obligations in the service agreement may result in cancellation of the award.

Final approval of a service agreement(s) for these services depends on the availability of funds and the continued authorization of funds.

An appeal of the selection process will be heard only if it is alleged that the STDC has violated a statutory or regulatory provision in awarding the service agreement. An appeal will not be heard based upon a challenge to the evaluation of a response. Applicants may appeal by submitting a written request to:

Juan E. Rodriguez, Executive Director South Texas Development Council P.0. Box 2187 Laredo, TX 78044

No later than five (5) calendar days following receipt of the notification or by the deadline posted in this announcement.

IV. Description of Service and Participant Eligibility

Caring for children with special needs presents additional challenges that go beyond the everyday stress of being a parent. As a result, parents and other primary caregivers may need longer rest periods or access to downtime. It may also be more difficult to find a qualified person to care for children. Respite seeks to help offset these challenges.

A respite break allows caregivers an opportunity to strengthen or foster relationships with their other children, spouses, partners, other family members and/or friends. Respite can also allow caregivers an opportunity to practice self-care, carry out household duties, complete errands, and even catch-up on their own sleep. As a result, respite services as can achieve several goas: 1) avoid "burnout"; 2) reduce stress; 3) prevent family disruption; and

4) enhance relationships.

Respite is not a substitute for childcare, school, or participation in other age-appropriate activities. Respite is also not a substitute for services provided by a home health aid for self care needs (bathing, dressing, feeding and toileting).

Project activities must be aimed at caregivers who are spouses and family members caring for individuals with a chronic serious health condition or disability who require assistance with one or more activities of daily living, as well as biological/adoptive/foster parents and grandparents caring for children with a chronic serious health condition or disability who require assistance with one or more activities of daily living. Individuals related under the first and second degrees of affinity may also eligible for respite services under the Texas lifespan Respite Care Program (TLRCP}.

Individuals Eligible to Receive Respite Services:

· Adult Child (caring for parent)

· Spouse

· Biological, Adoptive, or Foster Parents

· Grandparents (caring for children)

· Adult Grandchild

· Sibling (sister or brother)

· Mother-in-Law

· Father-in-Law

· Daughter-in-Law

· Son-in-Law

· Stepmother

· Stepfather

· Stepdaughter

· Stepson

· Stepsister

· Stepbrother

· Sister-in-Law

· Brother-in-Law

· Spouse's Grandparent

· Spouse's Grandchild

· Grandchild's Spouse

· Spouse of Grandparent

Other Eligibility Criteria:

· The caregiver must be caring for individuals (including children) with a chronic serious health condition or disability who require assistance with one or more activities of daily living.

· TLRCP is for caregivers who are unable to access respite care through other programs, are on a waitlist for respite services, or who have exhausted other sources of respite.

· Caregivers cannot be actively receiving respite assistance through Local Intellectual and Developmental Disability Authorities, Area Agencies on Aging, Medicaid waiver programs, or other resources.

V. Required Qualifications

· Applicants must be in good standing with all State and Federal agencies with which they may have an existing award or contractual relationship.

· If applicant is under a corrective action plan with STDC or any State of Texas or Federal agency/authority, the applicant may not submit a proposal for this RFQ. Responses shall not be reviewed and considered by STDC until all deficiencies listed in the corrective action plan have been eliminated to the satisfaction of the reviewing agency.

· Applicants may not be suspended, terminated, or barred for deficiencies in performance of any award, and if applicable, all past issues must be resolved as demonstrated by written documentation.

· Applicants that are presently under contract with STDC must be in compliance with the terms and conditions of their contract(s).

· Where required, all applicants must hold current State licenses, and provide evidence of licensure no later than the contract award date.

· All applicants must have a Data Universal Numbering System (DUNS) number. To acquire a DUNS number, contacted the dedicated toll-free DUNS number request line at 1-866-705-5711 or inquire online at www.dnb.com

· Applicants must be registered with the System for Award Management (SAM) and be publicly available for search. SAM registration must remain current throughout the duration of the performance period and must be free of any active exclusions. To register, or for more information please visit www.sam.gov.

VI. Responsibilities

Provider shall:

· Provide all services within the terms of the agreement.

· Provide uniform standards of care and conduct regardless of any participant's: age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

· Follow all rules and regulations governing the implementation of selected services.

· Provide invoices and reports according to the guidelines established by the STDC.

· Permit site visits by STDC and/or Texas Health and Human Services Commission staff in order to monitor files, financial records, and program implementation as it relates to the provision of services set forth under the service agreement.

· Ensure compliance with federal, state, and local guidelines.

· Collect data and provide programmatic and fiscal reports as required by STDC

· Maintain fiscal records in accordance with standard accounting practices and provide STDC with specified financial reports designed to verify and analyze expenditures.

· Cooperate with STDC with any reports due to the State of Texas

· Ensure that any certification or licensure requirements and personnel standards are met

· Ensure that all staff and/or volunteers providing respite services to individuals funded by this grant are adequately trained (or licensed as necessary) to carry out their assigned functions.

· Retain all invoices, records and other documents pertinent to this project until five (S) years following the expiration or termination of this contract, until any audits in progress at the end of the five (5) year period are completed, or until any litigation relating to this project are resolved, whichever date is later.

STDC shall:

· Monitor and review program performance in relationship to the stated program goals.

· Enroll participants and provide a roster of eligible participants to the provider, indicating who has been approved for services.

· Pay provider within 45 days of receipt of invoice for services rendered to eligible participants.

VII. Payment Process

Payment will be made for the authorized units of service provided, and not by cost reimbursement nor line-item reimbursement. All service agreement(s) will be based on negotiated units of service and the costs associated with the provision of service.

The provider must certify that claims made to STDC for payment of purchased services are for actual services rendered to eligible individuals as identified by STDC.

Invoices may be submitted only for services provided during the effective dates of the service agreement and must reflect the approved fixed unit cost for each unit of service.

Payment for services provided will be made upon submission of an invoice to ST0C within 30 days following the conclusion of services. All claims for payment must be made in a timely manner. Any invoice received by ST0C more than 30 days after the last date of the service agreement period is subject to nonpayment.

{Rest of this page intentionally left blank)

VIII. Respondent Agency Information

AGENCY/CORPORATE CONTACT INFORMATION

Agency Name:

Physical Address:

Mailing Address (If different):

I DUNS#: I

Federal EIN #: I Required ID Numbers

Agency Contacts

Board President/Chief Principal

Name:

Title:

Phone:!

Fax:

Email:

CEO/Executive Director:

Name:1

Title:

Phone:!

Fax:

I Email:

For Notices Regarding this RFQ (i.e. Program Manager):

Name:

Title:

Phone:'

Fax:

Email: , For Fiscal/Billing Questions:

Name:;

Title:

Phone:

Fax:

Email: I l PROGRAM/PROJECT INFORMATION

Program/Project Name:

Site Address (if different):

Ages to be Served: I

1 Operational Information

Operation Days and Hours:

IX. Project Narrative

Please refer to the Section IV Description of Service and Participant Eligibility as a guide for preparing the proposal narrative, which must contain the following components:

Program Oesign-2 Page Maximum

1. Describe the service that is being proposed and how:

a. The service will be structured to allow for timely access and response to families in need of the service.

b. The provider of this service will work with others providing services to the family to ensure continuity of care

c. The services that are provided will be documented.

d. The services will be adapted to meet the needs of families having diverse backgrounds and needs.

2. Provide a description of the types of activities and/or curriculums that will be used as part of the service delivery.

3. Describe staff qualifications, training, and licensure requirements held to be able to provide the service being proposed.

4. Provide a list of agency accreditations and accrediting entity.

System of Evaluation-1 Page Maximum

Detail the process of supervising staff carrying out the proposed service. Explain how your agency will ensure quality services are provided to families and how supervision and training will be utilized for continuous quality improvement. If your organization is proposing to utilize volunteers, describe what training will be provided to volunteers and how their work will be supervised by your agency's staff.

History and Experience of Provider-1 Page Maximum

Describe how this program fits within your agency’s mission and describe your agency in terms of programs, services, and experience with the target population.

Include an Organization Chart for this project (does not count towards the page limit}.

Cost-1 Page Maximum

Provide the cost per unit of the service being provided in the RFQ response. If you have an established rate at your organization for similar services, please provide that published rate(s} for public or private consumers. If the rate being proposed in the RFQ response is greater than the cost listed in your current published rates, please provide justification of the rate. Explain the organization's capabilities and cost requirements in meeting the needs of Priority Individuals as defined in the following table.

Proposed Staffing Ratio (# of Individuals to Staff Members):

Priority1Individual Hourly Rate (Defined as individuals who may need specialty care or additional assistance due to chronic illness/disability.

e.g. feeding tube, limited mobility, etc.):

Non-Priority Individual Hourly Rate:

(Rest of this page intentionally left blank)

SOUTH TEXAS DEVELOPMENT COUNCIL

Contractor Application/Renewal Update

Please type clearly print application information.

Contractor Name/Legal Entity

Doing Business As (if applicable)

Telephone:

Telephone: I

Fax:

Fax: I

Email:

Email:

local Office Contact {Print Name)

I Title:

Email:

Entity Type (Check all that apply)

Number of years entity has been in Business:

Years

Tax Identification Number {Federal Tax /Dor SSN):

Required Active DUNS ID Number:

Is yourentity registered in the System for Award Management (SAM.gov)? □Yes □No (If no, your application may cannor be considered. If assistance is required for DUNS and SAM.gov registration, please contact STDC).

Is your entity bonded?

(If yes, attach a copy of certificate of bonding insurance)

Does your entity have required liability insurance?

{If yes, attach certificate of all insurances)

***Please attach a coe of all applicable State and Federal licenses and for certifications for ourentitv***

If yes, please provide details:

llPage

Conflict of Interest Attach information of applicable names and relationships of any employee(s) officers of your entity that may have a conflict of interest with the South Texas Development Council Board Member, Employee, or Advisory Committee Member.

Service and Bidding Information Please provide the name of the proposed service from the Service Definitions individually below, and include the proposed Service Area City/ies and/or County (if County-Wide service would be available).

1. Proposed Service:

Service Area(s):

2. Proposed Service:

Service Area(s):

3. Proposed Service:

Service Area(s):

4. Proposed Service:

Service Area(s):

NOTE: Please see attached service definitions and unit definition(s) for specific service and unit information to specify the proposed service. Please indicate the service area(by city and/or county) and the cost per unit for both your entity’s standard cost, and the cost per unit being proposed to STDC.

21Page

(Rest of this page intentionally left blank)

CERTIFICATE OF SIGNATORY AUTHORITY

1. By Laws

2. Articles of Incorporation

3. Other(explain): _

Signature: Typed Name: Title: Date:

. See What is backup withholding, Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA. or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.

Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

NON-CONFLICT OF INTEREST CERTIFICATION

Does the Applicant have as an office, director, employee, consultant, or owner ( in whole or in part):

1. A person who is currently a employee of the South Texas Development Council Aging & Disability Resource Center, board member, or Aging & Disability Resource Center advisory council member?

[ ] YES [ ] NO

2. A person who is currently a employee of the South Texas Development Council Aging & Disability Resource Center, board member, or Aging & Disability Resource Center advisory council member whose last day of duty with the South Texas Development Council was within the past two year?

[ ] YES [ ]NO

3. A person who is related (see relationship key below) to a current employee of the South Texas Development Council Aging & Disability Resource Center, board member, or Aging & Disability Resource Center advisory council member?

[ ] YES [ ]NO

4. A person who is related to a current employee of the South Texas Development Council Aging & Disability Resource Center, board member, or Aging & Disability Resource Center advisory Council member whose last day of duty with the South Texas Development Council within the past two years?

[ ] YES [ ]NO

RELATIONSHIP KEY

Wife Husband Father Mother

Brother Sister Son Daughter

Stepdaughter Stepson Mother-in-law Father-in-law

Spouse's Sister Spouse's Brother

I certify that the information above is complete, true and correct to the best of my knowledge. I understand that lack of full, true and complete disclosure may be grounds for withholding payment for delivery services and may cause contract termination.

Signature of Authorizing Official Title Date

CONFLICT OF INTEREST REQUIREMENTS

Aging & Disability Resource Centers (ADRC) and their governing boards shall seek to avoid conflict-of-interests, in fact and perception, and provide proper notifications when potential conflict-of-interest do occur.

(l) An Aging & Disability Resource Center grantee shall ensure that neither a current employee, nor any current board member, nor any aging advisory committee member holds any financial interest, directly or indirectly, in the profits of any entity from which services or goods are contracted or otherwise procured by the area agency, nor derives personal profit, directly or indirectly, from any entity which would conflict in any manner or degree with the performance of responsibilities of the employee, board member, or advisory committee member.

A. No current employee, current board member, or advisory committee member who exercises any functions or responsibilities in the review or award of any contract for the procurement of services or goods on behalf of the agency, shall:

(i) participate in any decision relating to the contract or procurement of services or goods in which he has a direct or indirect personal interest;

(ii) have any pecuniary interest, directly or indirectly, in the contract or procurement of services or goods or the proceeds thereof. Nothing in this subsection shall prohibit public officials of units of local government from serving on a grantee's board or aging advisory committee not with standing the fact that such unit of local government is receiving or may receive funds for the provision of services or goods under the terms of the contract or procurement.

B. For a period of two years from the date a person ceases his employment, board member duties, or committee member duties with an Aging & Disability Resource Center or its grantee, the grantee will award a contract to an entity in which any former board member's, or former committee member's or former employee's relative is an officer, director, employee, or owner in part or whole, if the former employee, former board or committee member, or former board or committee member's or former employee's relative has a substantial financial interest in the contract or had a substantial involvement in the development of the contract.

(2). Board members and Aging & Disability Resource Center advisory committee member who may have a conflict-of-interest, in fact or perception, on any agenda item of a meeting shall refrain from comment on the item.

A. The member shall announce the potential conflict-of interest and shall abstain from voting on any such agenda item.

B. The actions of conflict-of interests notice and voting abstention shall be recorded in the minutes of the meeting.

(3) Aging & Disability Resource Centers shall include a requirement in all applications for services to the elderly and requests for contractor enrollment that any potential conflict-of-interest be identified in the process.

A. The notification of potential conflict-of-interest shall include:

(i) the person for which a potential conflict-of-interests exists;

(ii) the relationship to any current or former board member, current or former aging advisory committee member, or current or former employee; and

(iii) the nature of the potential conflict-of-interests;

B. The person for which the potential conflict-of-interest exists shall certify that he will abide by all rules established in 260.1 (relating Direct Purchase of Services).

DEFINITIONS

1. FORMER BOARD MEMBER - A former member of the governing board of a grantee agency sponsoring an Aging & Disability Resource Center whose last date or service was within the immediately preceding two years.

2. FORMER AGING ADVISORY COMMITTEE MEMBER - A former member of an aging advisory committee whose last date of service was within the immediately preceding two years.

3. FORMER EMPLOYEE - A former grantee employee whose last date of service was within the immediately preceding two years.

4. RELATIVE - A current or former board member's or current or former advisory committee member's or current or former employee's spouse, father, mother, sister, brother, son or stepson, daughter or stepdaughter, mother-in law, father-in-law, sister-in-law or daughter-m-law.

5. SUBSTANTIAL FINANCIAL INTEREST - Ownership or control by a former employee (or relative) or a former board member ( or relative) or former advisory committee member ( or relative) of 10% or more of the contracting firm or its stock or an investment of $2,500 or more in the organization, whichever is less; or receipt of a 25% or more increase in overall annual benefits, including salary or wages, upon employment by a contractor of a former employee who held one of the positions listed under the definition of "substantial involvement in the development of the contract" as compared to the employee's grantee salary and benefits.

6. SUBSTANTIAL INVOLVEMENT IN THE DEVELOPMENT OF THE

CONTRACT - Direct or indirect participation by a former employee (or relative) or a former board member ( or relative ) or former advisory committee member ( or relative ) in the development of program policy which influenced the type of services provided by the contracting organization. The following positions are assumed to have had such participation: board member, executive director, division director, and program specialist.

ASSURANCES

The CONTRACTOR shall maintain proper documentation to substantiate all of the assurance items set out below. Such documentation will be subject to review for adequacy and completeness. Failure to maintain the appropriate and necessary documentation shall be grounds for sanctions and/or penalties, in accordance with the Texas Administrative Code Title 40, Part 1, Chapter8 l Rule §81.13.

All assurances shall be made using due diligence to ensure that reasonable steps have been taken to meet the criteria or standard stated within each assurance. The CONTRACTOR shall be responsible only to the degree that a prudent person would be if due diligence was exercised in this matter.

I. Compliance with Requirements

The CONTRACTOR agrees to administer the program in accordance with the Older Americans Act (OAA) and all applicable regulations, policies and procedures established by the Texas Health and Human Services (HHS), the Administration on Aging (AoA), and the Secretary, of Health and Human Services.

II. General Administrative and Fiscal Requirements

The CONTRACTOR shall adhere to uniform administrative requirements and cost principles which are in compliance with relevant provisions of 0MB Circulars A-87, A-102, as revised, and A-128, or 0MB Circulars A-110, A-122, and A-133, as applicable; 45 CFR, Part 74; 45 CFR, Part 92: and other 0MB Circulars, except where these provisions are superseded by statute.

III. Safeguarding Confidential Information

The CONTRACTOR shall adhere by executed Data Use Agreement (DUA) and implement such regulations, standards, and procedures as are necessary to meet the requirements on safeguarding confidential information under relevant program regulations.

IV. Standards for Fire, Health, Safety, Sanitation and Other Standards

The CONTRACTOR providing services under this contract shall operate fully in conformance with all federal, state and local fire, health, safety, sanitation and other standards prescribed in law or regulations. Such requirement shall also be passed to all subcontractors and subgrantees in the fulfillment of this contract. The CONTRACTOR assures that where the state or local jurisdictions require licensor for the provision of services, agencies providing such services shall be licensed.

V. Insurance Coverage

The CONTRACTOR will maintain fire and casualty worker's compensation, fidelity, bond, and general liability insurance in amounts prescribed in statute or regulation, as applicable.

VI. Participant Grievance Procedures

The CONTRACTOR shall establish written procedures through which participants can communicate aspects of the service which impact negatively upon them. All procedures shall be in accordance with the Texas Administrative Code Tile 40, Part 1, Chapter 81 Rule §81.21.

VII. Equal Employment Opportunity

a. Americans with Disabilities Act of 1990 - The CONTRACTOR shall comply with the requirements established under the Americans with Disabilities Act prohibiting discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.

b. Section 504 of the Rehabilitation Act of 1973, as amended- The CONTRACTOR shall comply with all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 84), to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department.

c. Title VI of the Civil Rights Act of 1964, as amended - The CONTRACTOR shall comply with all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department.

d. Age Discrimination in Employment Act of 1975 as amended - The CONTRACTOR shall comply with all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department.

e. Title IX of the Education Amendments of 1972, as amended- The CONTRACTOR shall comply with all requirements imposed by or pursuant to the Regulation of the of Health and Human Services (45 C.F.R. Part 86), to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any education program or activity for which the Applicant receives Federal financial assistance from the Department.

VIII. Drug Free Workplace

The CONTRACTOR shall comply with the Drug-Free Workplace Act of 1988, and/or Texas Senate Bill I - 1991, as applicable.

IX. Outreach

The CONTRACTOR shall ensure that outreach efforts identify individuals eligible for assistance and inform them of available services under the Older Americans Act, with special emphasis on rural elderly, older individuals who have greatest economic need (with particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low income minority individuals), and older individuals with severe disabilities, and inform such individuals of the availability of such assistance.

X. Grant Purchased Equipment

The CONTRACTOR shall ensure that all equipment purchases made utilizing grant funds complies with applicable laws and regulations with special attention to 45 CFR 92.

Equipment may be assigned to CONTRACTOR for use in connection with this contract. Title to the real and personal property shall vest in the CONTRACTOR subject to the condition that the CONTRACTOR shall use the property for the authorized purpose of the original contract for the entire term of the contract. It is further agreed that the CONTRACTOR shall maintain adequate property control records, perform regular inventories, document adequate maintenance and repair, and establish adequate safeguards to prevent loss, damage, or theft to any such property in accordance with sound industrial practice. Personal property shall include all tangible personal property having a useful life of more than one year and an acquisition cost of$1,000.00 or more.

Unless otherwise provided in the contract, the CONTRACTOR, upon delivery or acquisition of any such property, shall assume the risk of and be responsible for, any loss thereof or damage thereto except for reasonable wear and tear, and except to the extent that such property is consumed in the performance of this contract. The CONTRACTOR shall, upon completion of this contract or where there is otherwise no longer a need for such property, give written notice to the STDC within ten (10) calendar days to such effect. It is further agreed that upon receipt by the STDC of such written notice, the STDC shall issue instructions as to the continued use or disposition of such property to the CONTRACTOR pursuant to applicable federal regulations as outlined in 0MB Circular A-102.

XI. Maintenance of Non-Federal Support for Services

The CONTRACTOR shall not replace funds from Non-federal sources with federal funds. The CONTRACTOR agrees to continue to initiate efforts to obtain support from other sources for services funded under this contract.

XII. Training Requirements

The CONTRACTOR shall provide in-service training to all personnel relative to the performance of this contract. The CONTRACTOR shall secure appropriate training and certification for all personnel delegated duties that require such specialized training and/or certification.

XIII. Coordination Requirements

The CONTRACTOR agrees that the STDC may establish procedures and mechanisms necessary to assure effective coordination between the various activities and programs operating pursuant to the Older Americans Act of 1965, as amended, and other local, state or federal programs operation, on behalf of the elderly.

XIV. Coordination of Service Delivery

CONTRACTORS who operate focal points in the community must assure collocation of services, where feasible.

XV. Emergency Management

In the event of a disaster, whether man-made, natural, or of a civil defense nature, the CONTRACTOR will provide and/or coordinate appropriate resources to federal disaster relief agencies and may provide equipment and resources for the following activities: temporary shelter, nutrition services, food preparation, transportation and volunteers.

XVI. Taxes

The CONTRACTOR will comply with all state, federal or local tax requirements with respect to property and personnel.

XVII. Debarment and Suspension

The CONTRACTOR shall provide assurances that it will not knowingly, using reasonably prudent judgement, deal with any person, business, or other entity which has been suspended or debarred from receiving federal funds under 45 CFR 76.200 (non-procurement) or 48 CFR 9.4.

XVIII. Personnel

The CONTRACTOR shall furnish all necessary personnel with professional classification, qualifications, skill and expertise required to perform the services to be rendered and the responsibilities accepted pursuant to the activities conducted under this contract. The CONTRACTOR shall be responsible for completion of the services to be rendered in accordance with published service standards. The CONTRACTOR will provide all necessary supervision and coordination of activities that may be required to complete the services and fulfill all contractual obligations.

XIX. Provision of Services

The CONTRACTOR shall using due diligence, assure compliance with the following provisions relating to the services covered by this contract.

a. Eligibility - The services covered by this contract serve only those individuals and groups eligible under the provisions of the Older Americans Act of 1965, as amended.

b. Residency - No requirements as to duration of residence or citizenship will be imposed as a condition of participation in the provision of services.

c. Coordination and Maximum Utilization of Services - The CONTRACTOR, to the maximum extent, shall coordinate and utilize the services and resources of other appropriate public and private agencies and organizations. Efforts shall be demonstrated to coordinate with local state agencies to ensure non-duplication of administrative activities and service delivery to the maximum extent possible. Coordination activities should reduce administrative burden on service providers and provide better service delivery to program participants.

d. Prohibition of Means Test for Services - The CONTRACTOR shall provide all services funded by the Older Americans Act of 1965, as amended, without the use of any means test to determine eligibility for services.

e. Legal Assistance Services Attorney-Client Privilege - The CONTRACTOR shall not divulge any information that is protected by the attorney- client privilege.

I certify that compliance with these Assurances during the agreement period of October 7 ,2025 thru December 31. 2025 will be accomplished and that evidence of such will be available to the South Texas Development Council Aging & Disability Resource Center staff during scheduled monitoring.

visits.

CONTRACTOR

Signature of Authorized Representative Printed/typed Name of Authorized Representative

Date Title of Authorized Representative

CERTIFICATION

REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS

Federal Executive Order 12549 requires the Texas Health and Human Services (HHSC) to screen each covered potential contractor/grantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulation on debarment, suspension, ineligibility, and voluntary/exclusion. Each covered contractor/grantee must also screen each of these covered subcontractors/providers.

In this certification subcontractor/subgrantee subcontract/subgrant.

"contractor/grantee" "contract/grant" refers to both contractor/grantee and refers to both contract/grant and

By signing and submitting this certification the potential contractor/grantee accepts the following terms:

1. The certification herein below is a material representation of fact upon which reliance was placed when this contract/grant was entered into. If it is later determined that the potential contractor/grantee knowingly rendered and erroneous certification, in addition to other remedies available to the federal government, the department of Health and Human Services, United State Department of agriculture or other federal department or agency, or the Texas Health and Human Services may pursue available remedies, including suspension and/or debarment.

2. The potential contractor/grantee shall provide immediate written notice to the person to which this certification is submitted if at any time the potential contractor/grantee learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The words "covered contract" "debarred," "suspended," "ineligible," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment.

4. The potential contractor/grantee agrees by submitting this certification that, should be proposed covered contract/grant be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, Untied State Department of Agriculture or other federal department or agency, and/or the Texas Department of Aging and Disability Services, as applicable.

Do you have or do you anticipate having subcontractors/subgrantees under this proposed contract? _ YES NO

5. The potential contractor/grantee further agrees by submitting this certification that it will include this certification titled " Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts and Grants" without modification, in all covered subcontracts and in solicitations for all covered subcontracts.

6. A contractor/grantee may rely upon a certification of a potential subcontractor/subgrantee that is not debarred, suspended, ineligible or voluntarily excluded from the covered contract/grant unless it knows that the certification is erroneous. A contractor/grantee must, at a minimum, obtain certifications from its covered subcontractors/subgrantees upon each subcontractor's/subgrantee's initiation and upon each renewal.

7. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for contract/grants authorized under paragraph 4 of these terms, if a contractor/grantee in a covered contractor/grantee knowingly enters into a cover subcontract/subcontract with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in the transaction, in addition to other remedies available to the Federal Government. Department of Health and Human Services, United state department of agriculture or other federal department or agency, as applicable, and/or the Texas Health and Human Services may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS

Indicate which statement applied to the covered potential contractor/grantee:

The potential contractor/grantee certifies, by submission of this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this contract/grant by any fed eral department or agency or by the State of Texas.□

The potential contractor/grantee is unable to certify one or more of the terms in this certification. ln this instance, the potential contractor/grant must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanation(s) to this certification.

NAME OF POTENTIAL CONTRACTOR/GRANTEE: _ CONTRACTOR ID NO/FEDERAL EMPLOYER'S ID NO: _

Date:________________________ Title of Authorized Person ____________________

This certification is for FY'25 period beginning Ocotber 7,2025 and ends December 31, 2025.

HHS Contract No.

DATA USE AGREEMENT BETWEEN THE

TEXAS HEALTH AND HUMAN SERVICES SYSTEM

AND

CONTRACTOR

This Data Use Agreement ("DUA") is effective as of the date of the Base Contract into which it is incorporated ("Effective Date"), by and between the Texas Health and Human Services System, which includes the Texas Health and Human Services Commission and the Department of State Health Services ("HHS") and Contractor (the "Base Contract").

ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE

The purpose of this DUA is to facilitate access to, creation, receipt, maintenance, use, disclosure or transmission of Confidential Information with Contractor, and describe Contractor's rights and obligations with respect to the Confidential Information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. This DUA also describes HHS's remedies in the event of Contractor's noncompliance with its obligations under this DUA. This DUA applies to both HHS business associates, as “business associate" is defined in the Health Insurance Portability and Accountability Act(HIPAA), and contractors who are not business associates, who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of llliS, its programs or clients as described in the Base Contract. As a best practice, HHS requires its contractors to comply with the terms of this DUA to safeguard all types of Confidential Information.

As of the Effective Date of this DUA, if any provision of the Base Contract conflicts with this DUA, this D A controls.

ARTICLE 2. DEFINITIONS

For the purposes of this DUA, capitalized, underlined terms have the following meanings:

"Authorized Purpose" means the specific purpose or purposes described in the Base Contract for Contractor under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance.

''Authorized User'' means a person:

(1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA;

(2) For whom Contractor warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and

(3) Who agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA.

"Breach" means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach unless Contractor demonstrates, based on a risk assessment, that there is a low probability that the Confidential Information has been compromised.

HHS Data Use Agreement v.8.4 March 15, 2018

HHS Contract !\Jo.

"Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or m any other form) provided to or made available to Contractor or that Contractor may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following:

(1) Education records as defined in the Family Educational Rights and Privacy Act, 20 U.S.C.

§1232g; 34 C.F.R. Part 99

(2) Federal Tax information as defined in Internal Revenue Code §6103 and Internal Revenue Service Publication l 075;

(3) Personal Identifying Information (PII) as defined in Texas Business and Commerce Code, Chapter 521;

(4) Protected Health Information (PHI) in any form including without limitation, Electronic Protected Health Information or secured Protected Health Information as defined in 45 C.F.R. §160.103;

(5) Sensitive Personal Information (SPI) as defined in Texas Business and Commerce Code, Chapter 52l;

(6) Social Security Administration Data, including, without limitation, Medicaid information means disclosures of information made by the Social Security Administration or the Centers for Medicare and Medicaid Services from a federal system of records for administration of federally funded benefit programs under the Social Security Act, 42 U.S.C., Chapter 7;

(7) All privileged work product;

(8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including Texas Health& Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552.

"Destroy", "Destruction'', for Confidential Information, means:

hard copy media have been shredded or destroyed such that the Confidential Information cannot be read or otherwise cannot be reconstructed. Redaction is specifically excluded as a means of data destruction.

(2) Electronic media have been cleared, purged, or destroyed consistent with NIST Special Publication 800-88, "Guidelines for Media Sanitization," such that the Confidential Information cannot be retrieved.

"Discover, Discovery" means the first day on which a Breach becomes known to Contractor, or, by exercising reasonable diligence would have been known to Contractor.

"Legally Authorized Representative" of an individual, including as provided in 45 CFR 435.923 (authorized representative); 45 CFR 164.502(g)(l) (personal representative); Tex. 0cc. Code§ 151.002(6); Tex. H. & S. Cude §lM.164 (medical power of attorney and Texas Estates Code § 22.031 (representative).

"Required by Law" means a mandate contained in law that compels an entity to use or disclose Confidential Information that is enforceable in a court of law, including court orders,…