Hearing Center of Vermont

Hearing Center of Vermont Contract #42428 STANDARD CONTRACT 1. Parties. This is a contract between the State of Vermont, Department of Buildings & General Services (hereinafter called “State”), and Hearing Center of Vermont with a principal place of business in Newport, VT, (hereinafter called “Contractor”). Contractor’s form of business organization is incorporated. It is Contractor’s responsibility to contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. The subject matter of this contract is commodities generally on the subject of Hearing Aids, FM Systems and Supplies. Detailed requirements to be provided by Contractor are described in Attachment A. 3. Maximum Amount. In consideration of the commodities to be provided by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $50,000.00.

4. Contract Term. The period of contractor’s performance shall begin on October 1, 2021 and end on September 30, 2023 with the option to renew up to two additional one year periods. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Termination/Cancellation/Rejection. The State specifically reserves the right upon written notice to immediately terminate the contract or any portion thereof at no additional cost to the State, providing, in the opinion of its Commissioner of Buildings and General Services, the products supplied by Contractor are not satisfactory or are not consistent with the terms of this Contract. The State also specifically reserves the right upon written notice, and at no additional cost to the State, to immediately terminate the contract for convenience and/or to immediately reject or cancel any order for convenience at any time prior to shipping notification. 8. Attachments. This contract consists of 7 pages including the following attachments which are incorporated herein: Attachment A - Statement of Work Attachment B - Payment Provisions Attachment C – “Standard State Provisions for Contracts and Grants” a preprinted form (revision date 12/15/2017) 9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence: (1) Standard Contract Hearing Center of Vermont Contract #42428 (2) Attachment C (Standard Contract Provisions for Contracts and Grants) (3) Attachment A (4) Attachment B WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT By the State of Vermont: By the Contractor: Date: Date: Signature: Signature: Name: Name: Title: Title: Jennifer Fitch Commissioner - Buildings and General Services Hearing Center of Vermont Contract #42428 ATTACHMENT A – STATEMENT OF WORK The Contractor shall provide: 1. Hearing aids at a contracted discount, with the discount set by the practitioner themselves in contract between that practitioner and the State, for provision to patient of that practitioner, themselves, and other Vermont practitioners for provision of other practitioners’ patients. 2. Contractor must be able to offer the State A broad spectrum of hearing devices, preferably from as any reputable manufacturers as possible. 3. In addition to traditional FDA-regulated hearing aids, contractors are invited and encouraged to offer other assistive listing/hearing devices such as FM loops, personal amplifiers, etc. 4. As hearing devices are undergoing many technological changes, the contractor must have the necessary experience and contact to keep abreast to those developments and obtain product from new manufacturers not initially established on the contract. State of the art, proven programmable and digital devices are of special interest. 5. The contractor must provide a business email address. 6. It is desirable that the contractor have an internet website they will provide easy access to pricing. 7. The contractor will provide “loaner” if it is necessary for a unit to be repaired. 8. Two batteries must be included in the purchase price and shipped with the device. 9. A written copy of the warranty must accompany each device for reference by the user. 10. All devices must be sold with a 30-day money back return policy 11. All devices must comply with the applicable Federal and Vermont laws. 12. All hearing devices ordered will be shipped to the fitting Audiologist using Fedex, for quick turn around time. 13. REPORTING REQUIREMENTS: Contractor will be required to submit quarterly product sales report to the Purchasing Agent pursuant to the schedule below detailing the purchasing of all items under this Contractor. Contractor’s reporting shall state "no activity" for any month in which there is no activity during a quarterly reporting period. a. The reports shall be an excel spreadsheet transmitted electronically to the Purchasing Agent. b. Reports are due for each quarter as follows: Hearing Center of Vermont Contract #42428 Reporting Period Report Due January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 October 1 to December 31 January 31 c. Failure to meet these reporting requirements may result in suspension or termination of this Participating Addendum. d. Notwithstanding the fact that any payment obligation for sales by contractor to any political subdivision or college, pursuant to “Purchasing Entities,” below, shall be solely between the political subdivision or college and the contractor, the contractor must include, in reporting to State, the figures on quantities sold by contractor to, and amounts paid to contractor by, any such political subdivisions or independent colleges. 14. DELIVERY: Responsibility for product delivery remains with Contractor until the product is properly delivered and signed for. Contractor shall securely and properly pack all shipments in accordance with accepted commercial practices. Upon delivery, all packaging and containers shall become the property of the State, unless otherwise stated. Delivered goods that do not conform to the specifications or are not in good condition upon receipt shall be replaced promptly by the Contractor. 15. QUALITY: All products will be new and unused. All products provided by the Contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting the requirements of this section will be deemed unacceptable and returned to the Contractor for credit at no charge to the State. 16. DEFAULT: In case of default of the Contractor, the State may procure the materials or supplies from other sources and hold the Contractor responsible for any excess cost occasioned thereby, provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price. 17. Primary Contacts. The Parties will keep and maintain current at all times a primary point of contact for this contract. The primary contacts for this this Contract are as follows: e. For the Contractor: Name: Heidi Eichenberger Phone: 802-487-9902 Fax: 802-487-9903 Email: heidi@hearingcenterofvt.com Hearing Center of Vermont Contract #42428 f. For the State: Name: Address: Phone: Fax: Email: State of Vermont, Deb LaRose, State Purchasing Agent 109 State Street, Montpelier, VT 05633-3001 802/828-4635 802/828-2222 Deborah.larose@vermont.gov Hearing Center of Vermont Contract #42428 ATTACHMENT B – PAYMENT PROVISIONS The maximum dollar amount payable under this contract is not intended as any form of a guaranteed amount. The Contractor will be paid for products actually delivered or performed, as specified in Attachment A, up to the maximum allowable amount specified on page 1 of this contract. 1. Prior to commencement of work and release of any payments, Contractor shall submit to the State: a. a certificate of insurance consistent with the requirements set forth in Attachment C, Section 8 (Insurance), and with any additional requirements for insurance as may be set forth elsewhere in this contract; and 2. Payment terms are Net 30 days from the date the State receives an error-free invoice with all necessary and complete supporting documentation. 3. All invoices are to be rendered by the Contractor on the vendor's standard billhead and forwarded directly to the institution or agency ordering materials and shall specify the address to which payments will be sent. 4. PRICING: Contractor shall provide all products F.O.B. delivery to the ordering facility at no additional cost to the State. No request for extra delivery cost will be honored. No charge for packing, shipping, or for any other purpose will be allowed over and above the price quoted. a. Prices will be a percentage off a manufacturer’s price list. While price list may change during this contract, this percentage will remain consistent. It will be the responsibility of the contractor to notify the State of such changes and to furnish revised price lists. b. If a manufacturer does not publish a price list, then contractor may bid a “cost plus” percentage. However, the State must be provided the manufacturer’s invoice to verify the cost on which the price is based. c. MANUFACTURER DISCOUNT OFF LIST PRICE Oticon -5% Phonak -5% Signia -5% d. Testing, Fitting, Dispensing included in price. 5. Contractor shall submit invoice(s) to the remit to address on the order. 6. Following complete delivery of the items, each as specified in Attachment A, and the State’s written confirmation to the Contractor of the State’s acceptance of those items, Contractor will, within 30 business days, invoice the State in accordance with the rates specified in Attachment A. 7. Unless otherwise indicated in a manufacturer’s return policy, unopened Products can be returned with no restocking fee up to 30 days from the date of receipt. Hearing Center of Vermont Contract #42428 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 15, 2017 “Attachment C: Standard State Provisions for Contracts and Grants” (revision version dated December 15, 2017) constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is available online at: https://bgs.vermont.gov/purchasing- contracting/forms. https://bgs.vermont.gov/purchasing-contracting/forms https://bgs.vermont.gov/purchasing-contracting/forms