Document type | contract |
---|---|
Date | 2024-08-01 |
Source URL | https://go.boarddocs.com/wv/booneboe/Board.nsf/files/D72PMQ6551B7/$file/MOUNTAIN%20STATE%20ESC.pdf |
Entity | boone_county_schools (Boone Co., WV) |
Entity URL | https://www.boonecountyboe.org/en-US |
Raw filename | MOUNTAIN%20STATE%20ESC.pdf |
Stored filename | 2024-08-01-24ef9a00f589194188f8172d8ac90a0f-contract.txt |
Parent document: REVISED - Regular Meeting - Meeting #02-07-15-2024.pdf
Mountain State ESC and Boone County Board of Education MOUNTAIN STATE Audiology Contract Agreement Educational Services Cooperative Agreement between Mountain State Educational Services Cooperative, hereinafter referred to as Mountain State ESC (MSESC) and Boone County Schools for services related to audiology and audiology support. In consideration for services outlined in the Statement of Work, Mountain State ESC will receive compensation as agreed upon in the amount of $25,735.29. Activities that exceed the statement of work, or activities requested from unauthorized staff must have prior approval from the MSESC Executive Director. Agreed upon activities that are outside the statement of work will need to be invoiced separately and detailed in the agreed invoice. Mountain State ESC will provide audiology services from a certified audiologist for up to fifty-three school days within the 2024-2025 school year. The Statement of Work is an integral part of this contract. It is understood that Mountain State agrees to provide the following audiology services: A. We will provide comprehensive audiological evaluations. We will provide hearing screenings. We will provide otoacoustic emissions for the difficult-to-test. We will provide hearing aid/assistive listening device fitting and checks. We will provide hearing conservation assessment and support. We will serve as a resource for assistive technology WVDE supplemental funding grant. We will provide comprehensive audiometric evaluation. We will provide central auditory processing screenings. We will monitor students’ progress with the use of assistive listening devices or treatment. We will plan and conduct treatment programs for students with hearing difficulties, consult with other support services when deemed appropriate. We will provide auditory processing disorder testing. We will provide equipment troubleshooting. We will participate in the IEP process when deemed necessary. We will make referrals to additional medical or educational services when necessary. We will provide central auditory processing therapy as requested. We will maintain a database to include the referral, evaluation and treatment of students. We will provide aural rehabilitation that includes recommending, selecting, fitting, evaluating, and orientation the use of hearing aids and assistive listening devices. We will provide report writing as warranted. We will provide auditory training/aural rehabilitation to Cochlear Students. We will provide hearing aid/device fitting, checks and counseling. Ho BO Bt © bo ae Or oss Pr Payment of Services: Mountain State ESC will provide periodic invoices serving as acceptable evidence of effort and time to fulfill the Statement of Work. Boone County Schools with provide payment for said services in a timely fashion. Penalty fees could occur after 90 days. To meet the above items Mountain State ESC commits to work to ensure the following: MSESC commits to bundle and facilitate activities to which they have control, in such a way to maximize the work accomplished during visits and minimize the amount of non-productive time. Boone County Schools shall communicate effectively with the Mountain State ESC Executive Director any relevant problems or concerns they haveAvould have with programs or activities that relate to any audiology operational maiters. The Audiologist is responsible to notify Mountain State ESC as soon as possible of any event or activity that will adversely affect the audiologist’s ability to perform work under this contract. Mountain State ESC will convey any issues or concerns that affect the future sustainability, or audiological integrity, in a time manner to all parties. Audiology — Boone County Page two. No amendment or change in this agreement shall be valid or effective unless mutually agreed to in writing, properly dated, and executed by both parties. This contract, any interest therein, or claim there-under, shall not be assigned or transferred by either party except as expressly authorized in writing and agreed upon by both parties. All data, information, reports, forms, documents, and written plans generated under this contract are the property of Mountain State ESC, and/or the respective County Board of Education to whom the information pertains are to be treated as strictly confidential. Either party may cancel this contract with written notice 30-days prior to the contract expiration date. Due to the fact that this contract exists to provide audiological services, it is understood by both parties that various changes do occur, both parties agree to make a good faith effort to modify the Statement of Work to accommodate the change. It should be noted that changes that do not affect the intent or scope of the Statement of Work do not require written changes to the Statement of Work. It is understood that this contract is renewable upon agreement of both parties on an annual basis. It is further understood that this contract is based on adequate funding resources and reductions or eliminations of funding resources is cause to initiate cancellation of contract by Mountain State ESC. In witness whereof, the parties hereto have caused this contract between Mountain State ESC and Boone County Schools to be executed, effective school year 2024-2025. Boone County Schools Mountain State Educational Services Cooperative By: By: Name: dt eu Kenng du Name: Jan Hanlon Title: \; tatder af Evot q m Children Title: Executive Director Date: L| | 1902! | Date: Please provide the following information: Name and contact information of Accounts Payable including phone and email. Name and contact information of person responsible for assurance of said contract. PURCHASING POLICIES AND PROCEDURES MANUAL FOR LOCAL EDUCATIONAL AGENCIES AGREEMENT ADDENDUM In the event of conflict between this addandum and the agreement, this addendum shall control: 1, DISPUTES - Any references in the agreement to arbitration or to jurisdiction of any court other than the Circuit Court of the county in which the Agency is located are hereby deleted. The partias may agree to nonbinding mediation prior to litigation. 2. HOLD HARMLESS - Any clause requiring the Agency to indemnify or hold harmless any party is hereby deleted in its entirety. 3. GOVERNING LAW -The agreement shall be governed by the laws cf the State of West Virginia. This provision replaces any references to any other State's governing law. 4. TAXES. - Provisions in the agreement requiring the Agency to pay taxes are deleted. As a political subdivision of the State of West Virginia, the Agency is generally exempt from Federal, State, and local taxes and will not pay taxes for any Vendor including individuals, nor will the Agency file any tax returns or reports on behalf of Vendor or any other party. 5. PAYMENT- Any references to prepayment are deleted. Fees for software licenses, subscriptions, or maintenance are payable annually in advance. Payment for services will be in arrears. - Any provision for interest or charges on late payments is deleted. The Agency has no statutory authority to pay interest or late fees. 6 INT: 7. NO WAIVER - Any language in the agreement requiring the Agency to waive any rights,claims or defenses is hereby deleted, 8. FISCAL YEAR FUNDING - Service performed under the agreament may be continued in succeeding fiscal years for the term of the agreement, contingent upon funds being appropriated by the Legislature or otherwise being available tor this service, In the event funds are not appropriated or otherwise available for this service, the agreement shall terminate without penally on June 30. After that date, the agreement becomes of no effect and is null and void. However, the Agency agrees to use its best efforts to have the amounts contemplated under the agreement included in its budget. Non-appropriation or non-funding shall not be considered an event of default. 9, STATUTE OF LIMITATION - Any clauses limiting the time in which the Agency may bring suit against the Vendor, tassor, individual, or any other party are deleted. 10. SIMILAR SERVICES - Any provisions limiting the Agency's right to obtain similar services or equipment in the event of default or non-funding during the term of the agreement are hereby deleted. 11, ATTORNEY FEES - The Agency recognizes an obligation to pay attorney's fees or costs only when assessed by a court of competent jurisdiction. Any other provision is invalid and considered null and void. 12. ASSIGNMENT - Notwithstanding any clause to the contrary, ihe Agency reserves the right to assign the agreement to a State agency or another local governmental agency, board or commission of the State of West Virginia upon thirty (30) days written notice to the Vendor and Vendor shall obtain the written consent of Agency prior to assigning the agreement, 13. LIMITATION OF LIABILITY - The Agency, as a political subdivision of the State, cannot agree to assume the potential liability of a Vendor. Accordingly, any provision limiting the Vendor's lability for direct damages to a certain dollar amount or to the amount of the agreement is hereby deleted. Limitations on special, incidental or consequential damages are acceptable. In addition, any limitation is null and void to the extant that it precludes any action for injury to persons or for damages to personal property, 14. RIGHT.TO TERMINATE - Agency shall have the right to terminate the agreement upon thirty (30) days written notice to Vendor. Agency agrees to pay Vendor for services rendered or goods received prior to the effective date of termination. In such event, the Agency will not be entitled to a refund of any software license, subscription or maintenance fees paid. 15, TERMINATION CHARGES - Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreament term. 16. RENEWAL - Any reference to automatic renewal is hereby deleted. The agreement may be renewed only upon mutual written agreement of the parties. 17. INSURANCE - Any provision requiring the Agency to purchase insurance for Vendor's property is deleted. The Agency is Insured through the Board of Risk and Insurance Management, and will provide a certificate of property insurance upon request. 18. RIGHT TO NOTICE - Any provision for repossession of equipment without notice is hereby deleted. However, the Agency does recognize a right of repossession with notice. 19, ACCELERATION — Any reference to acceleration of payments in the event of default or non-funding is hereby deleted. 20. CONFIDENTIALITY - Any provision regarding confidentiality of the terms and conditions of the agreement is hereby deleted. Governmental contracts are public records under the West Virginia Freedom of Information Act. 21. AMENDMENTS -All amendments, modifications, alterations or changes to the agreement shall be in writing and signed by both parties. No amendment, modification, alteration or change may be made to this addendum without the express written approval of the Agency. ACCEPTED BY: — VENDOR: Local Education Agency: bom b0E Company tigme: _Mountain Sjate ESC Signed: _ r eee eerev er Pee Title: _ “€xecutive Director__ il Date 7/1/24 Revised 07-12 PURCHASING POLICIES AND PROCEDURES MANUAL FOR LOCAL EDUCATIONAL AGENCIES AFFIDAVIT West Virginia Code §5A-3-10a states: No contract or renewal of any contract may be awarded under this article to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor as defined in this section and the debt owed is an amount greater than five thousand dollars in the aggregate. Definitions: "Debt" means any assessment, penalty, fine, tax or other amount of money owed to the state because of a judgment, fine, permit violation, license assessment, penalty or other assessment presently due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon; "Debtor" means any individual, corporation, partnership, association, limited liability company or any other form or business association owing a debt to the state or any of its political subdivisions; “Related party" means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor, so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceeds five percent of the total contract amount. Exception: The prohibition does not apply where a vendor has contested any tax administered pursuant to chapter eleven of the West Virginia Code, workers compensation premium, permit fee or environmental fee or assessment, and the matter has not become final, or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement. Under penalty of law for false swearing (West Virginia Code §61-5-3), it is hereby certified that the bidder and all related parties do not owe any debts or, if a debt is owed, that the provisions of the exception clause (above) apply. Vendor's Name: Mountain State Educational Services Cooperative —— ec, ORR IT ts Authorized Signature: _ MM) ; BT «