CONTRACT NO. **-001

PROFESSIONAL SERVICES CONTRACT

BETWEEN THE

TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

AND

CONSULTANT

THIS CONTRACT is entered into between the Texas State Board of Public Accountancy (the "Board") and Consultant (the “CPA”). This is a Professional Services Contract entered into by the Board under the authority granted to the Board by the Constitution and laws of the State of Texas. This contract is within the purview of and is controlled by the Professional Services Procurement Act, Subchapter A § 2254 of the Texas Government Code and § 472.107 of the Texas Government Code. This contract is not within the purview of nor is it controlled by the Consulting Services Act, § 2254.021 et seq. of the Texas Government Code.

WITNESSETH

WHEREAS, pursuant to § 901.101 of the Public Accountancy Act, Texas Occupations Code (the "Act"), the Board is authorized to employ independent CPAs as necessary to assist the board in performing its duties;

WHEREAS, the Board reviewed the qualifications of the CPA and has determined and declared the CPA to be qualified to perform the work and has determined that the CPA be engaged as an independent CPA with the Board, but not as an employee or agent of the Board, for purposes herein provided, and that the CPA represents that he is competent, capable and equipped to perform this work;

WHEREAS, it is expressly understood and agreed by both parties that the Board is contracting with the CPA as an independent CPA, and the CPA as such agrees to hold the Board harmless and to indemnify the Board from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring from, in any way incident to, arising out of, or in connection with the activities to be performed by the CPA. Should the CPA engage any person or firm to assist the CPA in the performance of any of the duties assumed by the CPA pursuant to this agreement, then the CPA shall be solely liable for any payments and other claims made by such persons or firms. CPA agrees further to comply with all state and federal laws regarding wages, taxes, insurance, working conditions and workers’ compensation applicable to such persons or firms engaged by the CPA. The CPA agrees and understands that any payments made to the CPA which may be similar to payments made to employees of the State of Texas have been determined by the Board to be the method of contracting which involves the least expense to the State;

WHEREAS, the Board and the CPA both agree that CPA’s services are provided in accordance with and are subject to the immunity from liability provisions contained in § 901.606 of the Act as a person that assists in the investigation of a report of an alleged violation of the Act or who testifies or otherwise participates in an administrative or judicial proceeding arising from a report or investigation or an alleged violation of the Act.

NOW THEREFORE, in consideration of the compensation to be paid to the CPA and the mutual agreements hereafter set forth, the CPA and the Board agree as follows:

ARTICLE 1 - AGREEMENT

CPA will provide the professional accounting services specified in a timely and professional manner during the term of this contract which shall be from September 1, 2026 through August 31, 2027. The CPA and the Board or its Representatives (hereinafter defined) shall confer and agree upon a time for each project's completion upon its initial assignment to the CPA, subject to change upon consultation and mutual agreement.

CPA must comply with Section 2252.908 of the Government Code which requires CPA to complete and submit a form provided by the Texas Ethics Commission (TEC) to the TEC identifying person or persons with: 1) controlling interests of CPA firm; and 2) person or persons that actively participate in facilitating a contract or negotiating the terms of the contract with this agency.

ARTICLE 2 - SCOPE OF WORK

CPA, as an independent CPA and not as an agent or employee of the Board, shall as instructed by the Board or by its designated representative to perform the work as assigned on Board investigative files. “Representatives” shall be an individual designated in writing by the Board’s General Counsel. The Board’s representative shall meet with the CPA by telephone or in person as necessary or as requested by the CPA. The work contemplated by this CPA shall include:

(a) Assisting the Board or its Representatives in identifying authoritative literature regarding matters under investigation.

(b) Reviewing the working papers prepared by another accountant or accounting firm in conjunction with the audits or audit preparation or other professional work, and any report or opinion respecting such audits, or other professional work, and any additional materials (collectively, the "Materials") deemed relevant by the CPA upon consultation with the Board or its Representatives for the purpose of advising if there has been a departure from generally accepted auditing standards (GAAS), generally accepted accounting principles (GAAP), or other standards established by literature or statute (collectively, the "Standards") that the Board or its Representatives advise the CPA to be authoritative. The Materials to be reviewed by the CPA will be provided by or arranged by the Board or its Representatives.

(c) Determining whether the Materials reviewed do or do not in any respect indicate a departure from Standards, and determine to what extent any such departures may have resulted in material misstatements of financial condition or other materially false statements or omissions.

(d) Identifying any specific provisions of the Standards from which any departures exist.

(e) Preparing written reports for the Board or its Representatives containing the CPA's findings, conclusions and/or opinions respecting the subjects described above.

(f) Making verbal or written recommendations respecting the matters described above and discussing the CPA's findings, conclusions, opinions, and/or recommendations with the Board or its designated Representatives.

(g) Providing testimony in the capacity of an expert witness regarding those matters set forth above as directed by the Board or its Representatives at hearing and/or deposition in matters pursued by the Board.

ARTICLE 3 – COMPENSATION

The Board shall pay as full compensation a sum based upon the hourly rate of $*** plus any actual and reasonable expenses which shall be limited to travel, lodging, and incidental expenses in accordance with the rates and conditions pursuant to the current Appropriations Act of the Texas Legislature, and an hourly rate of $*** for any third party firm providing consulting services on behalf of CPA and under CPA’s supervision and an hourly rate of $*** for support staff. Reimbursable travel expenses will be paid only from CPA’s office address. The Board shall pay CPA 75% of the CPA’s hourly rate for time expended by the CPA in travel outside of the CPA’s office address in performance of this contract. Reimbursement for airfare will be based on the actual Coach/Economy airfare rates. The Board’s Representative shall approve in writing other individuals the CPA contemplates engaging to assist the CPA, and the other individual billing rates. The Board may withhold the approval of any individual the CPA may want to use. The total costs for providing the consulting services described herein, exclusive of expenses, shall not exceed $*** except that this amount may be increased by written agreement of the Board and the CPA.

CPA understands that the acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. CPA further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. CPA will ensure that this clause concerning the authority to audit funds received indirectly by sub-CPA’s through CPA and the requirement to cooperate is included in any subcontract it awards.

ARTICLE 4 - NON-TRANSFERABILITY; ASSISTANTS

This Contract cannot be assigned, nor can the CPA subcontract or delegate any or all of the performance contemplated hereunder without the written consent of the Board. The CPA agrees that should it hire anyone, and all supporting employees assisting in performing the services agreed to, shall not be considered employees of the Board, and the CPA agrees to comply with all state and federal laws regarding wages, taxes, insurance, working conditions and workers' compensation applicable to any such assistants.

ARTICLE 5 – BOARD REMEDIES; INDEMNIFICATION

In addition to or in lieu of any other remedies at law or in equity for any default or breach of this agreement by the CPA, the Board may terminate this contract at will, and without liability to the CPA except for payment for work already performed or expenses incurred by the CPA, but then only to the extent that the CPA's act or omission did not deprive the Board of benefits contemplated from such completed work or expenses. Further, the CPA will indemnify and hold the State, and the Board harmless from and against all claims arising out of the CPA's performance under this Contract, including but not limited to the use of automobiles and/or other means of transportation.

ARTICLE 6 – LIMITATIONS ON LIABILITY

This agreement shall not be construed as creating any debt by or on behalf of the Board in violation of Article III, Section 49 of the Constitution of Texas. This agreement is in accordance with Article VIII, Section 6 of the Constitution of Texas. All obligations are subject to the availability of funds appropriated by the Texas Legislature.

ARTICLE 7 - CONFIDENTIALITY

During and after the term of this Contract, the CPA agrees to keep all information that is not statutorily available to the public confidential pursuant to § 901.160 of the Act. Should CPA subcontract or delegate any or all of the performance contemplated under this contract CPA agrees to be responsible for assuring that all information provided to that subcontractor or delegate shall not be disclosed without the written consent of the Board.

CPA agrees not to use any such information to the detriment of the Board or its officers or employees at anytime, nor otherwise for any purpose except as contemplated by this Contract. All information in whatever form prepared by the CPA for the Board pursuant to this contract is statutorily confidential and shall not be disclosed by the CPA without written permission from the Board. In the event the CPA is provided or obtains access to records or information made confidential by any federal law, including the Social Security Act of 1935, then the CPA agrees to strictly maintain the confidentiality of such records or information as may be required by federal statutes and regulations.

ARTICLE 8 - CONFLICTS

CPA will immediately notify the Executive Director or General Counsel, as well as any other designated Representative with whom the CPA is working, if the CPA has or becomes aware of any conflict between the CPA's performance under this contract and any other past, present or contemplated interest or engagement of the CPA. CPA will not represent any person, firm, corporation, or entity in any capacity regarding any investigation involving violations of the Board’s Rules or the Act. CPA will not, during the term of this Contract or after this Contract expires or is otherwise terminated, represent the respondents or potential respondents of the matters assigned to the CPA, before the Board, regarding the licensing issue assigned to the CPA pursuant to this contract.

ARTICLE 9 - CPA'S CONTINUING QUALIFICATIONS

CPA agrees to maintain during the term of this Contract all applicable certification and licensing requirements in accordance with the Act. CPA also agrees to provide the Board with the name and a brief description of the courses CPA takes in order to satisfy his Continuing Professional Education requirements.

ARTICLE 10 – NOTICES

Any notice respecting or contemplated by this Contract shall be made within a reasonable time under the circumstances and in a reasonable manner. Except as otherwise specified herein, notice to the Board or its Representatives shall be via U.S. mail to General Counsel, Texas State Board of Public Accountancy, 505 E. Huntland Dr., Suite 380, Austin, Texas 78752 or e-mail at jhill@tsbpa.texas.gov; and notices to the CPA shall be via U.S. mail to *** or email at ***.

ARTICLE 11 – DISPUTE RESOLUTION

(1) The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by the Board and the CPA to attempt to resolve any claim for breach of Contract made by the CPA:

(A) A CPA’s claims for breach of this Contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Government Code. To initiate the process, the CPA shall submit written notice, as required by Subchapter B, to William Treacy, Executive Director. Said notice shall specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the Board and the CPA otherwise entitled to notice under the parties’ contract. Compliance by the CPA with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Government Code.

(B) The contested case process provided in Chapter 2260, Subchapter C, of the Government Code is the CPA’s sole and exclusive process for seeking a remedy for any and all alleged breaches of Contract by the Board if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph.

(C) Compliance with the contested case process provided in Subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Contract by the Board nor any other conduct of any representative of the Board relating to the Contract shall be considered a waiver of sovereign immunity to suit.

(2) The submission, processing and resolution of the CPA’s claim is governed by the published rules adopted by the Board pursuant to Ch. 2260, as currently effective, hereafter enacted or subsequently amended.

(3) Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the CPA, in whole or in part.

ARTICLE 12 – DELINQUENT TAXES

Pursuant to § 403.0551 of the Government Code, any payments owed to the CPA by the Board under this contract will be applied towards the debt or delinquent taxes the CPA owes the State until the debt or delinquent taxes is paid in full.

ARTICLE 13 - VENUE

All payments due and payable under this agreement shall be due and payable in Travis County, Texas, and the venue of any suit brought for any breach of this Contract is fixed in a court of competent jurisdiction in Travis County, Texas.

ARTICLE 14 – ANTITRUST AFFIRMATION

The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this contract, neither I nor any representative of the CPA has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this contract, neither I nor any representative of the CPA have violated any federal antitrust law; and (3) neither I nor any representative of the CPA have directly or indirectly communicated any of the contents of this contract to a competitor of the CPA or any other company, corporation, firm, partnership or individual engaged in the same line of business as the CPA.

ARTICLE 15 – ASSIGNMENT

CPA shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from the Board. Any attempted assignment in violation of this provision is void and without effect.

ARTICLE 16 – BUY TEXAS AFFIRMATION

In accordance with Section 2155.4441 of the Texas Government Code, CPA agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

ARTICLE 17 – CHILD SUPPORT OBLIGATION AFFIRMATION

Under Section 231.006 of the Family Code, CPA certifies that he is not ineligible to receive payment under this contract for failure to timely pay court ordered child support and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

ARTICLE 18 – CONTRACTING INFORMATION RESPONSIBILITIES

In accordance with Section 552.372 of the Texas Government Code, CPA agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the Board for the duration of the contract, (2) promptly provide to the Board any contracting information related to the contract that is in the custody or possession of the CPA on request of the Board, and (3) on termination or expiration of the contract, either provide at no cost to the Board all contracting information related to the contract that is in the custody or possession of the CPA or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the Board. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the CPA agrees that the contract can be terminated if the CPA knowingly or intentionally fails to comply with a requirement of that subchapter.

ARTICLE 19 – COVID-19 VACCINE PASSPORT PROHIBITION

CPA certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the CPA’s business. CPA acknowledges that such a vaccine or recovery requirement would make CPA ineligible for a state-funded contract.

ARTICLE 20 – CRITICAL INFRASTRUCTURE AFFIRMATION

Pursuant to Government Code Section 2274.0102, CPA certifies that neither it nor its parent company, nor any affiliate of CPA or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or (2) headquartered in any of those countries.

ARTICLE 21 – CYBERSECURITY TRAINING

CPA represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program.

ARTICLE 22 – DEALINGS WITH PUBLIC SERVANTS AFFIRMATION

CPA has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the award of this contract.

ARTICLE 23 – DEBTS AND DELINQUENCIES AFFIRMATION

CPA agrees that any payments due under this contract shall be applied towards any debt CPA owes the State of Texas.

ARTICLE 24 – DISASTER RECOVERY PLAN

In accordance with 13 TAC § 6.94(a)(9), CPA shall provide to the Board the descriptions of its business continuity and disaster recovery plans.

ARTICLE 25 – DISCLOSURE OF PRIOR STATE EMPLOYMENT

In accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, CPA certifies that he has not been employed by the Board or another agency at any time during the two years preceding the execution of this contract or in the alternative, CPA has disclosed the following: (i) the nature of the previous employment with Board or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.

ARTICLE 27 – EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION

Under Section 669.003 of the Texas Government Code, CPA certifies that it does not employ, or has disclosed its employment of, any former executive head of the Board. CPA must provide the following information in the contract.

Name of Former Executive: _________________________

Name of State Agency: ____________________________

Date of Separation from State agency: _________________

Position with CPA: _________________________

Date of Employment with CPA: _________________

ARTICLE 28 – ENERGY COMPANY BOYCOTTS

If CPA is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, CPA verifies that CPA does not boycott energy companies and will not boycott energy companies during the term of the contract. If CPA does not make that verification, CPA must so indicate in its contract and state why the verification is not required.

ARTICLE 29 – ENTITIES THAT BOYCOTT ISRAEL

CPA represents and warrants that, pursuant to Section 2270.002 of the Texas Government Code, CPA does not boycott Israel and will not boycott Israel during the term of the contract.

ARTICLE 30 – E-VERIFY PROGRAM

CPA certifies that for contracts for services, CPA shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of: 1. all persons employed by CPA to perform duties within Texas; and 2. all persons, including subcontractors, assigned by CPA to perform work pursuant to the contract within the United States of America.

ARTICLE 31 – EXCESS OBLIGATIONS PROHIBITED

The contract is subject to termination or cancellation, without penalty to Board, either in whole or in part, subject to the availability of state funds.

ARTICLE 32 – EXCLUDED PARTIES

CPA certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224.

ARTICLE 33 – FALSE STATEMENTS

CPA represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a contract with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted contract and any resulting contract.

ARTICLE 34 – FINANCIAL PARTICIPATION PROHIBITED AFFIRMATION

Under Section 2155.004(b) of the Texas Government Code, CPA certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

ARTICLE 35 – FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATIONS

If CPA is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, CPA verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If CPA does not make that verification, CPA must so indicate in its contract and state why the verification is not required.

ARTICLE 36 – FOREIGN TERRORIST ORGANIZATIONS

CPA represents and warrants that it is not engaged in business with Iran, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

ARTICLE 37 – FORMER AGENCY EMPLOYEES

CPA represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were former employees of the Board during the twelve (12) month period immediately prior to the date of execution of the contract.

ARTICLE 38 – GOVERNING LAW AND VENUE

The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the contracting Board.

ARTICLE 39 – HUMAN TRAFFICKING PROHIBITION

Under Section 2155.0061 of the Texas Government Code, the CPA certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate

ARTICLE 40 – INDEMNIFICATION

CPA SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND BOARD, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF CPA OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY CPA WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND CPA MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. CPA AND BOARD AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

ARTICLE 41 – NO CONFLICTS OF INTEREST

CPA represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

ARTICLE 42 – PRIOR DISASTER RELIEF CONTRACT VIOLATION

Under Sections 2155.006 and 2261.053 of the Texas Government Code, the CPA certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

ARTICLE 43 – PUBLIC INFORMATION ACT

Information, documentation, and other material in connection with this contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, CPA is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. Prior to making information or documents available, CPA must obtain the written approval of the Board’s General Counsel.

ARTICLE 44 – SIGNATURE AUTHORITY

By submitting the contract, CPA represents and warrants that the individual submitting this document and the documents made part of this contract is authorized to sign such documents on behalf of the CPA and to bind the CPA under any contract that may result from the submission of this contract.

ARTICLE 45 – STATE AUDITOR’S RIGHT TO AUDIT

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

ARTICLE 46 – SUSPENSION AND DEBARMENT

CPA certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

ARTICLE 47 – TECHNOLOGY ACCESS CLAUSE

CPA expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, CPA represents and warrants to Board that the technology provided to Board for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: • providing equivalent access for effective use by both visual and non-visual means; • presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and • being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006.

ARTICLE 48 – TERMS AND CONDITIONS ATTACHED TO RESPONSE

Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

ARTICLE 49 – EXCESS OBLIGATIONS PROHIBITED

The contract is subject to termination or cancellation, without penalty to Board, either in whole or in part, subject to the availability of state funds.

ARTICLE 50 – GOVERNING LAW AND VENUE

The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the contracting Board.

EFFECTIVE THE 1st DAY OF SEPTEMBER 2026.

IN WITNESS WHEREOF, WITNESS OUR SIGNATURES:

CPA

Date William Treacy, Executive Director

Date