ESBD_443232_1754413950854_PAP RFP FY26 and FY27.pdf

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Texas Board of Veterinary Medical Examiners

1801 Congress Avenue, Suite 8.800

Austin, Texas 78701

REQUEST FOR PROPOSALS

PEER ASSISTANCE

PROGRAM, AUSTIN, TX

RFP #R578-26-0001

Dated: 08/05/2025

Proposals Due Date: 08/20/2025 @ 10:00 AM

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Table of Contents

RFP Section I – General……………………………………………………………3

RFP Section II – Statement of Work……………………………………………….5

RFP Section III – Proposal Information…………………………………………

RFP Section IV – General Terms and Conditions………………………………….17

Contract Exhibit A – Statement of Work…………………………………………...35

Contract Exhibit B – Signature Page……………………………………………….40

Contract Exhibit C – Authorized Key Personnel…………………………………...41

Contract Exhibit D – Contractor’s Proposal and Best and Final Offer…………….42

RFP Exhibit A – LBB Performance Measures……………………………………..43

RFP Exhibit B – Execution of Proposal…………………………………………….44

RFP Exhibit C – Respondent’s Annual Proposed Compensation and Fees Preferences HUB Subcontracting Plan…………………………………………………………..47

Preferences………………………………………………………………………….48

Hub Subcontracting Plan……………………………………………………………49

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REQUEST FOR PROPOSAL R578-26-0001

PEER ASSISTANCE PROGRAM

SECTION I - GENERAL

1.1 SCOPE. The State of Texas, by and through the Texas Board of Veterinary Medical Examiners (TBVME) seeks sealed proposals to establish a contact for Peer Assistance Services in accordance with the specifications contained in this Request for Proposal (“RFP”). In particular, the services requested herein and to be provided under any contract(s) awarded as a result of this RFP are pursuant to the Texas Health and Safety Code, Chapter 467 and pursuant to H.B. 1, 84th Legislature, R.S., Article VIII, and Sec.5 Peer Assistance Program Funding Requirements, and pursuant to Texas Occupations Code, Chapter 801. TBVME seeks a contractor to provide a peer assistance program that will identify, assist, and monitor licensed veterinarians in Texas who have job-impairing mental health, alcohol, or drug problems so they may return to competent practice.

The contractor shall provide a peer assistance program that offers support and assistance with an emphasis on rehabilitation rather than an emphasis that is adversarial or punitive.

No Guarantee of Volume. The State of Texas does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this solicitation and resulting contract. The estimated number of participants is approximately 22.

1.2 CONTRACT TERM. The services requested shall be provided for a period of two (2) years, beginning September 1, 2025, or the last signature date, whichever is later, and ending August 31,

1.3 COMPENSATION. In compliance with the General Appropriations Act, the Peer Assistance Contractor will be funded with monthly transfers collected by TBVME and will not exceed the amount of $85,500.00 appropriated by the Texas Legislature for fiscal year 2026 and fiscal year 2027, totaling a contact value of $171,000 for the biennium. Funding will depend upon the amount of peer assistance fees collected by TBVME but will not exceed the line-item appropriation for peer assistance in TBVME's appropriation. Contingent upon the amount collected, funding could be less than the appropriation per fiscal year.

1.4 DEFINITIONS. For purposes of this RFP, the following definitions apply:

(a) Acceptable Quality Level - The level of performance of requested services below which the contract will not be paid or damages may be assessed.

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(b) Addendum - A modification of the specifications issued by TBVME and distributed to prospective Respondents prior to the opening of responses.

(c) Best and Final Offer (BAFO) - A formal request made to selected Respondents for revisions to the originally submitted Proposal.

(d) Contract – The contract awarded as a result of this RFP and all exhibits thereto. This RFP, any Addendum issued in conjunction with this RFP, the successful Respondent ‘s Proposal, any BAFO, and subsequent submission by Respondent, shall all be fully incorporated therein as exhibits.

(e) Contractor – Respondent whose Proposal results in a contract with TBVME.

(f) Electronic State Business Daily (ESBD) – The Electronic State Business Daily, which is available on-line at http://www.txsmartbuy.gov/esbd.

(g) Gov’t Code – Texas Government Code.

(h) Program – The awardee of the Contract; the Peer Assistance Program.

(i) Proposal – The response submitted by a vendor to the TBVME as a result of this solicitation.

(j) Respondent – Any person or vendor who submits a Proposal in response to this solicitation.

(k) RFP – Request for Proposals, which is the type of solicitation embodied in this document.

(l) TAC – Texas Administrative Code, which is the publication for administrative rules.

(m) TBVME – Texas Board of Veterinary Medical Examiners.

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SECTION II

STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS. Services shall include, but are not limited to, the requirements contained in this RFP. Services set forth that contain the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception.

Services set forth that contain the words "may" or "can" allow Respondents to offer alternatives to the manner in which the services are provided. The requested services and corresponding deliverables are as follows:

1. Program shall maintain a permanent, publicized Texas business address, which shall be open for business between the hours of 8:00 am and 5:00 pm, Monday through Friday, except Texas State recognized holidays. The Program shall have a 24-hour per day telephone communication system, including a toll-free telephone number. Program must be available seven (7) days a week, 24 hours a day.

2. Program shall employ a full-time director (the “Program Director”) who shall be a licensed physician in the State of Texas with a specialty in peer assistance or have earned a master’s degree in counseling, social work, or psychology from an accredited four (4) year- college or university and has held a license for a minimum of four (4) years in his/her respective discipline, such as licensed master social worker (LMSW), licensed professional counselor (LPC) or licensed marriage and family therapist (LMFT).

3. Program shall demonstrate a documented successful history of identification, intervention, assessment/initial evaluation, referral for treatment, and monitoring of impaired health-care professionals.

4. Program shall ensure continuity of services and monitoring for persons enrolled in the program including transfer of applicable client records/files from previous contract provider and to subsequent contract provider within seven (7) days of the contract period.

Final payment shall be withheld until the Program provides the requisite records to the subsequent contract provider.

5. Program shall accept referrals from practitioners, students, family, friends, faculty, staff of any accredited veterinary institution of higher education, TBVME, any other credible source, or self-referrals for veterinarians impaired by chemical abuse, alcohol, or mental illness. The Program shall strongly encourage compelled and volunteer referrals to release information to TBVME.

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6. The Program Director shall be knowledgeable of statutory and Board rule requirements regarding who are eligible participants and what conditions for which services may be offered. Program shall provide timely documentation showing participants ongoing compliance with program requirements.

7. The Program Director shall have knowledge of Veterinary Drug laws and regulations, including the Texas Controlled Substances Act and Rules, the Texas Dangerous Drug Act and Rules, the Texas Veterinary Licensing Act and TBVME rules, as well as federal laws and regulations relating to dangerous drugs and controlled substances.

8. Program shall provide a state-wide regional network of at least five (5) geographically dispersed TBVME licensed veterinarians throughout Texas to contact and provide assistance to any and all veterinarians referred to the program. Program shall recruit at least two (2) TBVME-licensed veterinarians to be trained by the Program and to be qualified to act as interveners to provide intervention services.

9. Program shall provide education to all veterinarians regarding substance abuse and dependency, peer assistance, and the Texas Veterinary Licensing Act and TBVME rules as they relate to substance abuse. This education must be provided at a minimum, two (2) times each year. Documentation of this provision shall be provided to TBVME within thirty (30) days of compliance.

10. Program shall maintain effective controls to assure confidentiality pursuant to the Texas

Veterinary Licensing Act (Tex. Occ. Code, Chapter 801, Subchapter D, and any other applicable federal or state law).

11. The Program shall contract in writing with eligible impaired participants whether voluntary or ordered to participate in the Program by TBVME. Contract terms shall specify participant's treatment and rehabilitation program requirements. The contracts shall be provided to the General Counsel of TBVME. The Program shall ask participants, who are not ordered by TBVME, to participate if they will release such information to TBVME.

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12. Program shall establish a network of qualified health professionals throughout Texas who provide evaluations and referrals for treatment to eligible impaired participants. All costs of an initial assessment as required by TBVME will be borne by the referred veterinarian.

13. While not compromising quality of treatment or care or absolving the Program participant from complying with Program recommendations, the Program shall assist participants in finding financial assistance for the required and recommended services.

14. Program shall monitor an impaired participant's compliance with the terms of his/her treatment and rehabilitation program/contract, including the use of random and discretionary urinalysis or other types of drug analysis. This must include monitoring/testing specifically related to participant’s history and participant’s access to particular substances.

15. The Program Director or the Program Director's Designee shall personally or telephonically communicate with each impaired participant in the program on a monthly basis. Thereafter, the Program Director or Program Director's Designee shall personally or telephonically visit with each individual on a yearly basis for a period of five (5) years, or the duration of the TBVME required monitoring period, whichever is longer, if applicable.

The Program Director shall identify non-compliance of participants and report such non-compliance timely (within seven (7) days of discovery) to TBVME, pursuant to program guidelines approved by TBVME.

16. The Program Director or the Program Director's Designee shall provide testimony in disciplinary hearings and/or court proceedings as requested by TBVME, with regard to facts known by the Program Director or the Program Director's Designee.

17. The Program Director shall assist TBVME with other peer assistance related issues, including consultation regarding participants’ treatment and rehabilitation activities, evaluations, test results, and any other treatment recommendations.

2.2 SUBCONTRACTORS. Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Respondent. No subcontractor under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors

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2.3 PERFORMANCE TRACKING. TBVME will monitor the performance of the Contract issued under this RFP. All services under the Contract shall be performed at an acceptable quality level and in a manner consistent with acceptable relevant industry standards, custom, and practice.

1. Program shall maintain documentation showing ongoing compliance with statutory and rule criteria and maintain Program financial records. Such documentation shall be subject to audit by the State Auditor. Such documentation shall be submitted to TBVME, as requested by TBVME, and maintained for at least four (4) years after the conclusion of the Contract.

2. Program shall have an active plan for ongoing program evaluation including criteria for program success and maintenance of records regarding performance data and submission of reports as required by TBVME. Such required reports shall include monthly reports of program activities, quarterly reports of applicable Legislative Budget Board (LBB) performance measure data, and an annual report of program activities.

3. Required Monthly Reports shall be submitted to TBVME by the 15th of the following month and reflect:

statistical data that reflects the number of individuals referred to the program and the current compliance status of these individuals, as specified by TBVME;

description of contracts for additional funding; and any other pertinent information mutually agreed upon by the Program and

TBVME or required by State Auditor or LBB.

4. Program shall report instances of non-compliance by TBVME ordered participants and participants that agree to provide information to TBVME within 24 hours of the Program obtaining knowledge of the instance of noncompliance.

5. Program shall take measures to have participants evaluated and treated as early as possible so as to afford participants timely treatment and potential financial assistance.

If delay of treatment is due to a participant’s actions, the Program shall inform the participant in writing that delay in treatment or evaluation may cause delay in financial assistance, if such assistance is available.

6. Data for LBB performance measures shall be submitted to TBVME within 15 days after the end of each quarter of the fiscal year for the State of Texas (December 15, March 15, June 15, and September 15) shall include:

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one (1) year completion rate for the program;

number of licensed individuals participating in the program;

number of individuals who have successfully completed the peer assistance program;

breakdown of referral data (TBVME referrals, self-referrals, other referrals) ;

number of non-TBVME cases referred to the TBVME;

whether or not an intervention was conducted;

monitoring activities, including number of drug screens requested, conducted and the results of the tests;

number of educational group presentations made per year;

number of individuals addressed at each presentation;

percent of non-TBVME peer assistance program referrals reported to TBVME;

and any other information required for LBB performance measures. (see attached

Exhibit A)

7. Program will maintain a Policy and Procedures Manual to include policies that are at least as rigorous as those set forth in 25 Texas Administrative Code Section 451.110, and which shall include:

statement of purpose and service responsibility to the public and the veterinary profession;

explanation of rehabilitative nature of the program;

description of the role of TBVME in the program;

procedural outline for operating the program, stressing the need for early identification and intervention;

procedures used by the program for identification, intervention, evaluation, referral for treatment, and monitoring;

information about re-entry into the veterinary profession and relapse prevention;

information about aftercare programs, and ways in which aftercare, if appropriate, will be encouraged;

information about criteria for evaluation of referral and evaluation services, treatment programs, and aftercare programs;

information about reports of individuals to TBVME; information about evaluating the success of the program;

10 | P a g e advisory committee meetings and training events for interveners, including the policies regarding the frequency and content of meetings and training events; and samples of forms and/or form letters.

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SECTION III

PROPOSAL INFORMATION

3.1 SCHEDULE OF EVENTS. The solicitation process for this RFP will proceed according to the following schedule:

EVENT DATE

Solicitation Advertised August 5, 2025 Submission of Questions August 11, 2025 Official Response to Questions Posted on the ESBD August 13, 2025 Deadline for Submission of Proposals/RFP August 20, 2025 Evaluation of Proposals August 25, 2025 Expected Award of Contract August 31, 2025 Expected Contract Start Date September 1, 2025

3.2 REVISIONS TO SCHEDULE. TBVME reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. The Respondent‘s failure to neither periodically check the ESBD will in no way release the selected Contractor from the requirements of “addenda or additional information” nor will any resulting additional costs to meet the requirements be allowed after award.

3.3 PROPOSAL REQUIREMENTS.

(a) Submissions: Respondents shall submit one original Exhibit B, Execution of Proposal, along with one (1) original and three (3) copies of the Proposal. Proposal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the Proposal.

(b) Costs: TBVME will not reimburse the Respondent for any cost related to its Proposal. The Respondent is responsible for any expense related to the preparation and submission of its Proposal.

(c) TBVME will not consider any Proposal that bears a copyright. Proposals will be subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies.

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If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim that the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information that is not clearly identified as proprietary or confidential shall be deemed subject to disclosure pursuant to the PIA. Subject to the Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be in boldface type at least 14-point font.

(d) Contents: Listed below is a summary of all information to be included in a Proposal submitted in response to this RFP. TBVME reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

(1) Respondent Information: Include the following information related to the responding business entity: formal name and all assumed names used by the business entity; structure of business entity (i.e. sole proprietorship, partnership, corporation, etc.); state in which business entity was formed or incorporated; physical address and mailing address; principal place of business; whether, and to what extent, Respondent has established a physical presence in the State of Texas including relevant timeframes; and name, title, address, telephone number, facsimile number, and e-mail address of Respondent‘s primary contact.

(2) The Respondent must provide evidence of financial responsibility and stability for performance of the requirements/services for which a proposal is submitted. In addition, the Respondent must disclose the source of any outside financial resources that will be utilized by the Respondent to enable it to fulfil any Contract awarded pursuant to the RFP. If requested by TBVME, Respondent must provide copies of documents to show the financial capability to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFP. The documents may include but are not limited to the Respondent‘s most recent audited financial statements. TBVME reserves the right to request any additional information necessary to determine the financial integrity and responsibility of a Respondent and to reject a response on the grounds of the Respondent‘s financial soundness.

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(3) Historically Underutilized Businesses (HUB) Subcontracting Plan: The HUB Subcontracting Plan must be completed, signed, and returned with the Proposal. Include all subcontractors on the Plan; state whether each subcontractor has been certified as a HUB by the State of Texas; and if certified, provide the most recent date of certification.

Complete the remainder of the Plan forms as directed. Failure to complete and return the Plan with the submitted Proposal will result in rejection of the Proposal. In the event the Respondent should determine it is necessary to execute additional or alternative subcontracts for any of the performances under the Contract, the Respondent shall submit a revised HUB Subcontracting Plan for prior approval before executing any subcontracts.

The Respondent shall also transmit to TBVME for review and prior approval a true copy of the subcontract it proposes to execute with a subcontractor. The Respondent, in subcontracting for any performances specified herein, expressly understands, and acknowledges that in entering into such subcontract(s), the TBVME is in no manner liable to any subcontractor(s) of the Respondent. In no event shall this provision relieve the Respondent of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this RFP and Contract. The Respondent shall manage all quality and performance, project management, and schedules for subcontractors. The Respondent shall be held solely responsible and accountable for the completion of all work for which the Respondent has subcontracted.

(4) Exhibit B – Execution of Proposal: Failure to sign and return the Execution of Proposal with the submitted Proposal will result in rejection of the Proposal.

(5) Exhibit C – Compensation and Fees: Please provide the annual fee for compliance with this Contract.

(6) Proposed Services: With respect to each of the services outlined in Section 2.1, provide the information requested below:

Experience and Qualifications: Describe services your organization has provided in the past 5 years that demonstrate your organization’s capability to carry out the proposed services. Include the nature of the services provided, scope of activities, and the organization for which the service was provided. Also, provide any experience in providing similar services to public entities. Include resumes for all personnel who will be responsible for the management and day- to-day operations of the services solicited in this RFP

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References: Include a minimum of three (3) references from clients for whom similar services were provided. Include project description, contact names, position, and company name and telephone number for each reference listed.

3.5 INQUIRIES.

(a) All inquiries shall be submitted in writing to Kandace Van Vlerah by e-mail to accounting@veterinary.texas.gov or via fax (512)305-7556, August 11, 2025 5:00 p.m. Central Time, Austin, Texas, the date listed as the deadline for submission of questions as specified in Section 3.1 above.

(b) All inquiries will result in written responses with copies posted to the Electronic State Business Daily, available at http://www.txsmartbuy.gov/esbd. If a Respondent does not have Internet access, a copy of all written responses may be obtained through the point of contact listed above.

(c) Except as otherwise provided in this Section, upon issuance of this RFP, other employees, and representatives of TBVME will not answer questions or otherwise discuss the contents of the RFP with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this RFP.

(d) If Respondent takes any exceptions to any provisions of this RFP, these exceptions must be specifically and clearly identified by Section in Respondent‘s Proposal in response to this RFP and Respondent‘s proposed alternative must also be provided in the Proposal. Respondents cannot take a ‘blanket exception’ to this entire RFP. If any Respondent takes a ‘blanket exception’ to this entire RFP or does not provide proposed alternative language, the Respondent‘s Proposal may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Respondent.

Respondents are strongly encouraged to submit written questions during the official question and answer period regarding any term or condition of this RFP and whether TBVME may negotiate that provision under this particular RFP.

3.6 PROPOSAL SUBMISSION.

(a) All Proposals shall be received, and time stamped at TBVME prior to 5:00 p.m., Central Time, Austin, Texas, on the date specified in the Schedule of Events above. TBVME reserves the right to reject late submittals.

(b) Proposals should be placed in a separate envelope or package and correctly identified with the RFP number and submittal deadline/RFP opening date and time. It is Respondent‘s mailto:accounting@veterinary.texas.gov http://esbd.cpa.state.tx.us/

15 | P a g e responsibility to appropriately mark and deliver the Proposal to TBMVE by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice, or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

(c) Telephone and facsimile Proposals will not be accepted.

(d) Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted Proposal.

3.7 DELIVERY OF PROPOSALS. Proposals shall be submitted to TBVME by U.S. Postal Service, Overnight/Express mail, or hand delivery at TBVME, 1801 Congress Avenue, Suite 8.800, Austin, Texas 78701.

3.8 PROPOSAL OPENING. Proposals will be opened at TBVME, 1801 Congress Avenue, Suite 8.800, Austin, Texas 78701 at 10:00 a.m.

(a) All submitted Proposals become the property of TBVME after the RFP submittal deadline/opening date. The submitted Proposals and accompanying documentation will not be returned.

(b) Proposals submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TBVME whichever occurs earlier.

3.9 PROPOSAL EVALUATION AND AWARD.

a) TBVME shall award a contract to a Respondent whose Proposal is considered to provide the best value to the State of Texas, as defined by Tex. Government Code, Section 2155.074.

b) A committee will be established to evaluate the Proposals. The committee will include employees of TBVME and other persons invited by TBVME to participate.

c) TBVME reserves the right to award contract(s) without any negotiations and reserves the right to not make awards.

d) The Respondent is strongly encouraged to provide its best price in its Proposal because TBVME makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point during the RFP process.

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e) The evaluation committee will determine best value by applying the following criteria and assigned weighted values:

Criteria Weight Company Information 5% Proposed Services 20% Experience and Qualifications 30% Compensation and Fees 40% References 5% Total 100%

In determining the best value, TBVME shall consider the following best value factors:

1) Price of the services.

2) Compliance with the stated specifications(s) coupled with the quality and reliability of the services.

3) Indicators of probable performance under the Contract including past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the Respondent’s ability to provide reliable support.

4) The evaluation committee will determine if Best and Final Offers are necessary. Award of a contract may be made without Best and Final Offers. TBVME may, at its discretion, elect to have Respondents provide oral presentations and respond to inquiries from the evaluation committee related to their Proposals. A request for a Best and Final Offer is at the sole discretion of TBVME and will be extended in writing.

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SECTION IV

GENERAL TERMS AND CONDITIONS

Any Contract awarded as a result of this RFP will contain the general terms and conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

CONTRACT TO PERFORM BETWEEN

TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS AND

Contract No. C578-26-0001

This agreement (‘Contract’) is entered into by the TBVME an agency of the State of Texas, and (‘Contractor’), located at .

I. Recitals

WHEREAS, o n , 2025 TBVME issued a Request for Proposals from qualified, independent firms to provide a peer assistance program that will identify, assist, and monitor Texas-licensed veterinarians who have job-impairing mental health, alcohol, or drug problems so they may return to competent practice, and on , 2015 issued its official response to questions (collectively ‘RFP’); and

WHEREAS Contractor submitted a proposal (Proposal) dated , 2025, in response to TBVME’s RFP; and

WHEREAS Contractor was selected to provide a peer assistance program that will identify, assist, and monitor Texas-licensed veterinarians who have job- impairing mental health, alcohol, or drug problems so they may return to competent practice.

NOW, THEREFORE, the TBVME and Contractor hereby agree as follows:

II. Authority

This Contract is entered into pursuant to the Texas Health and Safety Code, Chapter 467, and pursuant to H.B. 1, 84th Legislature, R.S., Article VIII, and Sec. 5 Peer Assistance Program Funding Requirement, and pursuant to Texas Occupations Code, Chapter 801.157

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III. Services, Standards of Performance and Contract Administration

Contractor shall provide the services and the deliverables described herein in the manner required by all of the following documents:

1. This Contract

2. Exhibit A: The Statement of Work

3. Exhibit B: The RFP

4. Exhibit C: Authorized Key Personnel List

5. Exhibit D: Contractor‘s Proposal and Contractor‘s Best and Final Offer

All of the above are attached to and incorporated as part of this Contract for all purposes. All of these documents constitute the Standards of Performance for this Contract.

In the case of conflicts between this Contract and any of the above exhibits, the following shall control in this order of priority:

1. This Contract

2. Exhibit A: The Statement of Work

3. Exhibit B: The RFP

4. Exhibit C: Authorized Key Personnel List

5. Exhibit D: Contractor‘s Proposal and Contractor‘s Best and Final Offer

Contractor shall provide all of the above services and all reasonably related services in accordance with applicable professional standards of a Contractor providing a peer assistance program.

Contractor represents and warrants that it has the requisite qualifications, experience, personnel, and other resources to perform in the manner required by this Contract.

TBVME shall designate a Project Manager for this Contract. The Project Manager will serve as the point of contact between TBVME and Contractor. TBVME Project Manager shall supervise the TBVME review of Contractor‘s technical work, deliverables, draft reports, the final report, payment requests, schedules, financial budget administration and similar matters. The Project Manager does not have any express or implied authority to vary the terms of the Contract, amend the Contract in any way or waive strict performance of the terms or conditions of the Contract.

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IV. Funding

All obligations of TBVME are subject to the availability of legislative appropriations. The Contractor acknowledges that the ability of TBVME to make payments under the Contract is contingent upon the continued availability of funds. The Contractor further acknowledges that funds may not be specifically appropriated for the Contract and that TBVME’s continual ability to make payments under the Contract is contingent upon the funding levels appropriated for each particular appropriation period. TBVME will use all reasonable efforts to ensure that such funds are available. The Contractor agrees that if future levels of funding for TBVME are not sufficient to continue operations without any operational reductions, TBVME, in its discretion, may terminate the Contract or a pending order under the Contract, either in whole or in part. In the event of such termination, TBVME will not be considered to be in default or breach under the Contract, nor shall it be liable for any further payments ordinarily due under the Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. TBVME shall make best efforts to provide reasonable written advance notice to the Contractor of any such Contract or order termination. In the event of such a termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination, either on the particular order if an order is being terminated, or the Contract, if the Contract is being terminated. TBVME shall be liable for payments limited only to the portion of work TBVME authorized in writing and which the Contractor has completed, delivered to TBVME, and which has been accepted by TBVME. All such work shall have been completed, per the Contract requirements, prior to the effective date of termination.

V. Personnel

Contractor shall assign only qualified personnel to this Contract. On the date of TBVME execution of this Contract, TBVME Project Manager shall authorize the key personnel listed in Exhibit C of this Contract to provide services under this Contract. Contractor, in its reasonable discretion, reserves the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services required. Contractor shall provide to TBVME prior written notice and obtain written approval from TBVME prior to any change in key personnel involved in providing services under this Contract.

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Contractor. No subcontract under the Contract shall relieve Contractor of responsibility for ensuring the requested services are provided. If Contractor uses a subcontractor for any or all of the work required, the following conditions shall apply:

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(a) Contractors planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors.

(b) Subcontracting shall be solely at Contractor‘s expense.

(c) TBVME retains the right to check subcontractor‘s background and approve or reject the use of submitted subcontractors.

(d) Contractor shall be the sole contact for TBVME. Contractor shall list a designated point of contact for all TBVME inquiries.

VI. Payments

Prior to authorizing payment to Contractor, TBVME shall evaluate Contractor‘s performance using the performance standards set forth in all documents constituting this Contract. Contractor shall provide invoices to TBVME for Services provided/performed. Invoices must be submitted not later than the 15th day of the month after the Services are completed. No payment whatsoever shall be made under this contract without the prior submission of detailed, correct invoices. Subject to the foregoing, TBVME must make all payments in accordance with the Texas Prompt Payment Act, Government Code, Chapter 2251. Payments under this Contract are subject to the availability of appropriated funds. Contractor acknowledges and agrees that payments for services provided under this Contract are contingent upon TBVME receipt of funds appropriated by the Texas Legislature.

VII. Term and Termination

This Contract shall become effective on the date signed by the appropriate official of TBVME and shall expire on August 31, 2027, unless otherwise sooner terminated as provided in this Contract.

Notwithstanding the termination or expiration of this Contract, the provisions of this Contract regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of this Contract. TBVME may, in its sole discretion, terminate this Contract upon thirty (30) days written notice to Contractor. Such notice may be provided by facsimile or certified mail; return receipt requested and is effective upon Contractor‘s receipt.

Convenience

TBVME may, in its sole discretion, terminate this Contract upon thirty (30) days written notice to Contractor. Such notice may be provided by facsimile or certified mail return receipt requested and is effective upon Contractor‘s receipt. In the event of such termination, the Respondent shall, unless otherwise mutually agreed upon in writing, cease all work immediately

21 | P a g e upon the effective date of termination. Customers shall be liable only for payments for any goods or services ordered from the Respondent before the termination date.

Cause/Default

If the Contractor fails to provide the goods or services contracted for according to the provisions of the Contract, or fails to comply with any terms or conditions of the Contract. TBVME may, upon written notice of default to the Contractor, immediately terminate all or any part of the Contract.

Termination is not an exclusive remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Contract. TBVME may exercise any other right, remedy, or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless TBVME notifies the Contractor in writing prior to the exercise of such remedy. The Contractor shall be liable for all costs and expenses, including court costs, incurred by TBVME with respect to the enforcement of any of the remedies listed herein.

Rights upon Termination or Expiration

In the event that the Contract is terminated for any reason, or upon its expiration, the TBVME shall retain ownership of all associated work products and documentation obtained from the Contractor under the Contract.

Survival of Terms

Termination of the Contract for any reason shall not release the Contractor from liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, dispute resolution, invoice and fees verification.

VIII. Confidentiality and Public Information

Notwithstanding any provisions of this Contract to the contrary, Contractor understands that TBVME will comply with the Texas Public Information Act, Government Code, Chapter 552 as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas. TBVME agrees to notify Contractor in writing within a reasonable time from receipt of a request for information related to Contractor‘s work under this contract. Contractor will cooperate with TBVME in the production of documents responsive to the request. TBVME will decide whether to submit a Public Information Act request to the Attorney General. Contractor will notify TBVME General Counsel within twenty-four (24) hours of receipt of any third-party requests for information that was provided by the State of Texas for use in

22 | P a g e performing the Contract. This Contract and all data and other information generated or otherwise obtained in its performance may be subject to the Texas Public Information Act. Contractor agrees to maintain the confidentiality of information received from the State of Texas during the performance of this Contract, including information which discloses confidential personal information particularly, but not limited to, social security numbers.

IX. INDEMNIFICATION

CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF

TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TBVME, ITS OFFICERS, AND

EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS,

SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING

WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF,

CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF

CONTRACTOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF

CONTRACTOR IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT.

CONTRACTOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY

GENERAL AS REQUESTED BY TEXAS BOARD OF VETERINARY MEDICAL

EXAMINERS.

THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO

REQUIRE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR

TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS FOR ANY CLAIMS OR

LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TEXAS

BOARD OF VETERINARY MEDICAL EXAMINERS OR ITS EMPLOYEES.

X. Dispute Resolution

The dispute resolution process provided for in Texas Government Code, Chapter 2260 shall be used by TBVME and Contractor to resolve any dispute arising under the Contract.

The dispute resolution process provided for in Chapter 2260 shall be used, as further described herein, to attempt to resolve a claim for breach of contract asserted by the Contractor under the Contract. If the Contractor’s claim for breach of Contract cannot be resolved by the Parties in the ordinary course of business, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260, to the Deputy Comptroller or his or her designee. The notice shall also be given to the individual identified in the Contract for receipt of notices. Compliance by the Contractor with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.

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The contested case process provided in Chapter 2260 is the Contractor’s sole and exclusive process for seeking a remedy for an alleged breach of Contract by TBVME if the Parties are unable to resolve their disputes as described above.

Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code.

Neither the execution of the Contract by TBVME nor any other conduct of any representative of TBVME relating to the Contract shall be considered a waiver of sovereign immunity to suit.

For all other specific breach of contract claims or disputes under the Contract, TBVME and the Contractor shall first attempt to resolve them through direct discussions in a spirit of mutual cooperation. If the Parties’ attempts to resolve their disagreements through negotiations fail, the dispute will be mediated by a mutually acceptable third party to be chosen by TBVME and the Contractor within fifteen (15) days after written notice by one them demanding mediation under this Section. The Contractor shall pay all costs of the medication unless TBVME in its sole good faith discretion, approves its payment of all or part of such costs. By mutual agreement, TBVME and the Contractor may use a non-binding form of dispute resolution other than mediation. The purpose of this Section is to reasonably ensure that TBVME and the Contractor shall, in good faith, utilize mediation or another non-binding dispute resolution process before pursuing litigation. TBVME participation in, or the results of, any mediation or other non-binding dispute resolution process under this Section or the provisions of this Section shall not be construed as a waiver by TBVME of (1) any rights, privileges, defenses, remedies or immunities available to TBVME as an agency of the State of Texas or otherwise available to the TBVME; (2) TBVME termination rights; or (3) other termination provisions or expiration dates of the Contract.

Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TBVME, the Contractor shall continue performance and shall not be excused from performance during the period any breach of contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of §2251.051, Gov‘t Code, and such suspension of performance is expressly applicable and authorized under that law.

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XI. Representations, Warranties, and General Provisions

11.1. Family Code

Under Texas Family Code, Title 5, Subtitle D, Section 231.006(d), regarding child support, the Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified payment and acknowledges that this Contract may be terminated, and payment may be withheld if this certification is inaccurate. Furthermore, any Contractor subject to Section

231.006 must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the proposal. This information must be provided prior to the award.

11.2. Eligibility

Under Government Code, Section 2155.004 (relating to certain taxes), Contractor represents and warrants that Contractor is not ineligible to receive this Contract and acknowledges that this Contract may be terminated, and payment withheld if this representation and warranty is inaccurate.

Contractor represents and warrants that it is not delinquent in the payment of any franchise taxes owed the State of Texas. Also, Government Code, Section 2155.004 prohibits a person or entity from receiving a state contract if that person or entity received compensation for participating in preparing the solicitation or specifications for the Contract.

11.3. Liability for Taxes

Contractor represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Contractor or its employees. TBVME shall not be liable for any taxes resulting from this Contract.

11.4. HUBs

Contractor represents and warrants that it shall comply with the Historically Underutilized Business requirements pursuant to Government Code, Chapter 2261. A HUB Subcontracting Plan form must be filled out and returned with the Proposal to be considered responsive. If the Proposal does not include a HUB Subcontracting Plan, it shall be rejected as a material failure to comply with advertised specifications.

11.5. Amendments

Except as provided in Section 11.12 of this Contract, this Contract may be amended only upon written agreement between TBVME and Contractor; however, any amendment of this Contract that conflicts with the laws of the State of Texas shall be void ab initio.

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11.6. Applicable Law; Venue

This Contract shall be governed by and construed in accordance with the laws of the State of Texas.

The venue of any suit arising under this Contract is fixed in any court of competent jurisdiction of Travis County, Texas.

11.7. Strict Compliance

Time is of the essence in the performance of this Contract. Contractor shall strictly comply with all of the deadlines, requirements, and Standards of Performance for this Contract.

11.8. Assignments

Without the prior written consent of TBVME, Contractor may not assign this Contract, in whole or in part, and may not assign any right or duty required under it.

11.9. Partially Completed Work

No later than the first calendar day after the termination of this Contract, or at TBVME request, Contractor shall deliver to TBVME all completed, or partially completed, work and any and all documentation or other products and results of these services. Failure to timely deliver such work or any and all documentation or other products and results of the services shall be considered a material breach of this Contract. Contractor shall not make or retain any copies of the work or any and all documentation or other products and results of the services without the prior written consent of the

TBVME.

11.10. Federal, State, and Local Requirements

Contractor shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2‘s to common law employees. Contractor is responsible for both federal and State unemployment insurance coverage and standard Worker‘s Compensation Insurance coverage.