RFP_4710_PAT3020REBID_BID_DOC_v1.pdf

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Permanent Supportive Housing (PSH) Support Services
Solicitation number
RFP 4710 PAT3020REBID
Issued by
Texas

About this file

This is a Request for Proposal (RFP) document from the City of Austin, Texas, specifically the Non-Discrimination Certification and Business Associate Agreement for contract RFP_4710_PAT3020REBID. The RFP establishes employment and operational requirements for contractors working with the City of Austin. As an Equal Employment Opportunity employer, contractors must conduct personnel activities in accordance with federal, state, and local EEO laws and regulations, including non-discriminatory hiring, placement, compensation, and termination practices. Contractors are required to post notices of non-discrimination in conspicuous places, include equal opportunity statements in all employment solicitations, obtain written agreements from labor unions regarding non-discrimination practices, and comply with all subcontractors having fifteen or more employees on contracts exceeding $2,000. The non-discrimination policy remains in force for one year from the filing date and automatically renews annually for the contract term. Non-compliance may result in contract termination and suspension or debarment from future City contracts.

The Business Associate Agreement component requires contractors to maintain HIPAA compliance when handling protected health information (PHI), including proper safeguards, minimum necessary use and disclosure protocols, workforce training on confidentiality requirements, and incident notification procedures. Contractors must maintain appropriate technology safeguards to render PHI unusable and unreadable in case of breach, maintain documentation of disclosures, and permit individuals to inspect, copy, or request amendments to PHI. Either party may terminate the agreement with 30 days written notice, and upon termination, the contractor must return or destroy all PHI. The agreement is governed by Texas law and requires that any ambiguities be resolved in favor of permitting compliance with HIPAA Rules and applicable state confidentiality laws. The contractor must provide indemnification to the City of Austin for any claims arising from violations of the agreement or HIPAA Rules.

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RFP_4710_PAT3020REBID_PAC2_v1.xlsm XLSM spreadsheet
RFP_4710_PAT3020REBID_0600_v1.docx DOCX document
RFP_4710_PAT3020REBID_PAC1_v1.docx DOCX document
RFP_4710_PAT3020REBID_ADD_1_v1.pdf PDF
RFP_4710_PAT3020REBID_ADD_4_v1.pdf PDF
RFP_4710_PAT3020REBID_ADD_2_v1.pdf PDF
RFP_4710_PAT3020REBID_ADD_3_v1.pdf PDF
RFP_4710_PAT3020REBID_TECH_DOC_v1.pdf PDF
RFP_4710_PAT3020REBID_0500_v4.pdf PDF
RFP_4710_PAT3020REBID_0500_v1.pdf PDF

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Page 1 of 2 Attachment 3 - Non-Discrimination Certification, NON-DISCRIMINATION CERTIFICATION, City of Austin, Texas

Human Rights Commission

To: City of Austin, Texas, (“OWNER”)

I hereby certify that our firm conforms to the Code of the City of Austin, Section 5-4-2 as reiterated below:

Chapter 5-4. Discrimination in Employment by City Contractors.

Sec. 4-2 Discriminatory Employment Practices Prohibited. As an Equal Employment Opportunity (EEO) employer, the Contractor will conduct its personnel activities in accordance with established federal, state and local EEO laws and regulations and agrees:

(B) (1) Not to engage in any discriminatory employment practice defined in this chapter.

(2) To take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without discrimination being practiced against them as defined in this chapter. Such affirmative action shall include, but not be limited to: all aspects of employment, including hiring, placement, upgrading, transfer, demotion, recruitment, recruitment advertising; selection for training and apprenticeship, rates of pay or other form of compensation, and layoff or termination.

(3) To post in conspicuous places, available to employees and applicants for employment, notices to be provided by OWNER setting forth the provisions of this chapter.

(4) To state in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sexual orientation, gender identity, disability, veteran status, sex or age.

(5) To obtain a written statement from any labor union or labor organization furnishing labor or service to Contractors in which said union or organization has agreed not to engage in any discriminatory employment practices as defined in this chapter and to take affirmative action to implement policies and provisions of this chapter.

(6) To cooperate fully with OWNER’s Human Rights Commission in connection with any investigation or conciliation effort of said Human Rights Commission to ensure that the purpose of the provisions against discriminatory employment practices are being carried out.

(7) To require compliance with provisions of this chapter by all subcontractors having fifteen or more employees who hold any subcontract providing for the expenditure of $2,000 or more in connection with any contract with OWNER subject to the terms of this chapter.

For the purposes of this Offer and any resulting Contract, Contractor adopts the provisions of the City’s Minimum Standard Nondiscrimination Policy set forth below.

City of Austin Minimum Standard Non-Discrimination in Employment Policy:

As an Equal Employment Opportunity (EEO) employer, the Contractor will conduct its personnel activities in accordance with established federal, state and local EEO laws and regulations.

The Contractor will not discriminate against any applicant or employee based on race, creed, color, national origin, sex, age, religion, veteran status, gender identity, disability, or sexual orientation.

This policy covers all aspects of employment, including hiring, placement, upgrading, transfer, demotion, recruitment, recruitment advertising, selection for training and apprenticeship, rates of pay or other forms of compensation, and layoff or termination.

Further, employees who experience discrimination, sexual harassment, or another form of harassment should immediately report it to their supervisor. If this is not a suitable avenue for addressing their complaint, employees are advised to contact another member of management or

Page 2 of 2 Attachment 3-Non-Discrimination Certification, their human resources representative. No employee shall be discriminated against, harassed, intimidated, nor suffer any reprisal as a result of reporting a violation of this policy. Furthermore, any employee, supervisor, or manager who becomes aware of any such discrimination or harassment should immediately report it to executive management or the human resources office to ensure that such conduct does not continue.

Contractor agrees that to the extent of any inconsistency, omission, or conflict with its current non-discrimination employment policy, the Contractor has expressly adopted the provisions of the City’s Minimum Non-Discrimination Policy contained in Section 5-4-2 of the City Code and set forth above, as the Contractor’s Non-Discrimination Policy or as an amendment to such Policy and such provisions are intended to not only supplement the Contractor’s policy, but will also supersede the Contractor’s policy to the extent of any conflict.

UPON CONTRACT AWARD, THE CONTRACTOR SHALL PROVIDE A COPY TO THE CITY OF

THE CONTRACTOR’S NON-DISCRIMINATION POLICY ON COMPANY LETTERHEAD, WHICH

CONFORMS IN FORM, SCOPE, AND CONTENT TO THE CITY’S MINIMUM NON-

DISCRIMINATION POLICY, AS SET FORTH HEREIN, OR THIS NON-DISCRIMINATION POLICY,

WHICH HAS BEEN ADOPTED BY THE CONTRACTOR FOR ALL PURPOSES (THE FORM OF

WHICH HAS BEEN APPROVED BY THE CITY’S EQUAL EMPLOYMENT/FAIR HOUSING OFFICE),

WILL BE CONSIDERED THE CONTRACTOR’S NON-DISCRIMINATION POLICY WITHOUT THE

REQUIREMENT OF A SEPARATE SUBMITTAL.

Sanctions:

Our firm understands that non-compliance with Chapter 5-4 may result in sanctions, including termination of the contract and suspension or debarment from participation in future City contracts until deemed compliant with the requirements of Chapter 5-4.

Term:

The Contractor agrees that this Section 0800 Non-Discrimination Certificate or the Contractor’s separate conforming policy, which the Contractor has executed and filed with the Owner, will remain in force and effect for one year from the date of filing. The Contractor further agrees that, in consideration of the receipt of continued Contract payments, the Contractor’s Non-Discrimination Policy will automatically renew from year-to-year for the term of the underlying Contract.

Dated this _________________ day of ___________________, ____________

CONTRACTOR

Authorized Signature

Title

Exhibit A.3- Client Eligibility Reqmts ( rev 8-11-2024).pdf
Exhibit B3- Compensation Terms (rev 6-17-2024).Oct 2026 logo.pdf
Exhibit C- NonDiscrimination Cert (rev 6-17-22).pdf
Exhibit D- HMIS Reporting Requirements (rev FINAL 11-9-2023).pdf
Exhibit E -Business Associate Agreement (7.23.24).pdf
A. Definitions. Terms used in this Agreement but not otherwise defined shall have the meaning ascribed by the Privacy Rule and the Security Rule. Specific definitions include the following:
1. Business Associate. “Business Associate” shall have the same meaning as the term “business associate” in 45 C.F.R. §160.103 and in reference to the party to this agreement shall mean Grantee.
2. Covered Entity. “Covered Entity” shall have the same meaning as the term “covered entity” in 45 C.F.R. §160.103 and in reference to the party to this agreement shall mean the City of Austin
3. Required by Law. “Required by Law” shall mean a mandate contained in law that compels a use or disclosure of PHI.
4. Sensitive Personal Information. “Sensitive Personal Information” shall mean an individual’s first name or first initial and last name in combination with any one or more of the following items, if the name and the items are not encrypted: a) soc...
B. Purposes for which PHI May Be Disclosed to Business Associate. In connection with the Services provided by Business Associate to or on behalf of Covered Entity described in this Agreement, Covered Entity may disclose PHI to Business Associate for ...
C. Obligations of Covered Entity. If deemed applicable by Covered Entity, Covered Entity shall:
1. provide Business Associate a copy of its Notice of Privacy Practices (“Notice”) produced by Covered Entity in accordance with 45 C.F.R. §164.520 as well as any changes to such Notice;
2. provide Business Associate with any changes in, or revocation of, authorizations by Individuals relating to the use and/or disclosure of PHI, if such changes affect Business Associate’s permitted or required uses and/or disclosures;
3. notify Business Associate of any restriction to the use and/or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI;
4. not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by the Covered Entity;
5. notify Business Associate of any amendment to PHI to which Covered Entity has agreed, that affects a designated record set, as defined in 45 C.F.R. §164.501 (“Designated Record Set”), as maintained by Business Associate;
6. if Business Associate maintains a Designated Record Set, provide Business Associate with a copy of its policies and procedures related to an Individual’s right to: access PHI; request an amendment to PHI; request confidential communications of PHI;...
7. direct, review, and control notification made by the Business Associate to individuals regarding a breach, as defined in 45 C.F.R. §164.402 (“Breach”), of their unsecured PHI, as defined in 45 C.F.R. §164.402 (“Unsecured PHI”), in accordance with t...
D. Obligations of Business Associate. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, specifically the provisions of the HIPAA Rules applicable to business associates, including:
1. Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate shall not use or disclose PHI in a manner that would violate Subpart E of 45 C.F.R. Part 164 except as necessary to provide Services d...
(a) provide information and training to members of its workforce using or disclosing PHI regarding the confidentiality requirements of the HIPAA Rules and this Agreement;
(b) obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (a) the PHI will be held confidential and further used and disclosed only as Required by Law or for the purpose for which it was disclosed to the person or e...
(c) agree to notify Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules.
4. Safeguards.
(a) Business Associate shall maintain appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to ensure that PHI is not used or disclosed other than as provided by this Agreement or a...
(b) Business Associate shall assure that all PHI be secured when accessed by Business Associate’s employees, agents, or subcontractors, as defined in 45 C.F.R. §160.103 (“Subcontractors"). Any access to PHI by Business Associate’s employees, agents, ...
5. Minimum Necessary. Business Associate shall ensure that all uses and disclosures of PHI are subject to the principle of “minimum necessary use and disclosure,” i.e., that only PHI that is the minimum necessary to accomplish the intended purpose of...
6. Disclosure to Agents and Subcontractors. In accordance with 45 CFR §164.502(e)(1)(ii) and §164.308(b)(2), if Business Associate discloses PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity, to...
7. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate agrees as follows:
(a) Individual Right to Copy or Inspection. Business Associate agrees that if it maintains a Designated Record Set for Covered Entity that is not maintained by Covered Entity, it will permit an Individual to inspect or copy PHI about the Individual i...
(b) Individual Right to Amendment. Business Associate agrees to make amendments to PHI in a Designated Record Set as directed or agreed to by Covered Entity pursuant to 45 C.F.R. §164.526, or take other measures as necessary to satisfy Covered Entity...
(c) Accounting of Disclosures. Business Associate agrees to maintain documentation of the information required to provide an accounting of disclosures of PHI, whether PHI is in paper or electronic format, in accordance with 45 C.F.R. §164.528 and Sec...
8. Internal Practices, Policies, and Procedures, and Audit. Except as otherwise specified herein, Business Associate shall make available its internal practices, policies, books, records, and procedures relating to the use and disclosure of PHI, rece...
9. Notice of Privacy Practices. Business Associate shall abide by the limitations of Covered Entity’s Notice of Privacy Practices of which it has knowledge. Any use or disclosure permitted by this Agreement may be amended by changes to Covered Entity...
10. Withdrawal of Authorization. If the use or disclosure of PHI in this Agreement is based upon an Individual’s specific authorization for the use or disclosure of his or her PHI, and the Individual revokes such authorization, the effective date of ...
11. Knowledge of HIPAA Rules. Business Associate agrees to review and understand the HIPAA Rules as it applies to Business Associate, and to comply with the applicable requirements of the HIPAA Rules, as well as any applicable amendments.
12. Incident Notification. To the extent feasible, Business Associate will use commercially reasonable efforts to ensure that the technology safeguards used by Business Associate to secure PHI will render such PHI unusable, unreadable and indeciphera...
13. Information Breach Notification for PHI. Business Associate expressly recognizes that Covered Entity has certain reporting and disclosure obligations to the Secretary and the Individual in case of a security Breach of Unsecured PHI. Where Busine...
14. Breach Notification to Individuals. Business Associate’s duty to notify Covered Entity of any Breach does not permit Business Associate to notify those Individuals whose PHI has been breached by Business Associate without the express written perm...
E. Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for or on behalf of Covered Entity as specified in this B...
G. Term and Termination.
1. Term. This Agreement shall be effective as of the Effective Date of the Master Services Agreement and shall be terminated when all PHI provided to Business Associate by Covered Entity or created or received by Business Associate on behalf of Cover...
2. Termination without Cause. Either Party shall have the right to terminate this Agreement for any reason upon 30 days written notice.
3. Termination for Cause. Upon Covered Entity’s knowledge of a material breach by Business Associate, Covered Entity shall either:
4. Effect of Termination. Upon termination of this Agreement for any reason, Business Associate agrees to return or destroy all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity or maintained by...
H. No Warranty. PHI IS PROVIDED TO BUSINESS ASSOCIATE SOLELY ON AN “AS IS” BASIS. COVERED ENTITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURP...
I. Miscellaneous.
1. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of rec...
a. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business As...
b. These indemnities shall survive termination of this Agreement, and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing.
2. Mitigation. If Business Associate violates this Agreement or either of the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach.
3. Rights of Proprietary Information. Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate.
4. Notices. Any notices pertaining to this Agreement shall be given in writing and shall be deemed duly delivered in accordance with the requirements of the Master Services Agreement between the City and Grantee.
5. Amendments. This Agreement may not be changed or modified in any manner except by an instrument in writing signed by a duly authorized officer of each of the Parties hereto. The Parties, however, agree to amend this Agreement from time to time as...
5. Choice of Law. This Agreement and the rights and obligations of the Parties hereunder shall be governed by and construed under the laws of the State of Texas, without regard to applicable conflict of laws principles.
6. Assignment of Rights and Delegation of Duties. This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective successors and permitted assigns. However, neither Party may assign any of its rights or delegate a...
7. Nature of Agreement. Nothing in this Agreement shall be construed to create (i) a partnership, joint venture or other joint business relationship between the Parties or any of their affiliates, (ii) any fiduciary duty owed by one Party to another ...
8. No Waiver. Failure or delay on the part of either Party to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. No provision of this Agreement may be waived by either Party except by a writing signed by ...
9. Equitable Relief. Any disclosure or misappropriation of PHI by Business Associate in violation of this Agreement will cause Covered Entity irreparable harm, the amount of which may be difficult to ascertain. Business Associate therefore agrees th...
10. Severability. The provisions of this Agreement shall be severable, and if any provision of this Agreement shall be held or declared to be illegal, invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect a...
11. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. The provisions of this Agreement shall prevail over...
12. Regulatory References. A citation in this Agreement to the Code of Federal Regulations, the Federal Register, or any other federal guidance or policy shall mean the cited section or reference as they may be amended from time to time.

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