JOHN_BECHOLD_PSC.pdf

Contract Number: ODB20260027

Agreement for Services John Bechhold (effective until June 30, 2026)

AGREEMENT FOR SERVICES

State of Ohio, Ohio Deaf and Blind Education Services (hereinafter "ODBES"), located at 500 Morse Road, Columbus, Ohio 43214, and John Bechhold, located at 10221 Fourmile Canyon Drive, Boulder, CO, 80302, (hereinafter

In consideration of the mutual promises and obligations contained herein, the parties agree by and between themselves as follows:

I. NATURE OF AGREEMENT

A. Contractor shall be engaged as an independent contractor to fulfill the terms of this Agreement and to act as a contractor to ODBES. It is specifically understood that the nature of the services to be rendered under this Agreement are of such a personal nature that ODBES is the sole judge of the adequacy of such services.

B. ODBES enters into this Agreement in reliance upon representations that it has the necessary expertise and experience to perform its obligations hereunder, and Contractor warrants that it does possess the necessary expertise and experience.

C. Contractor shall perform the services to be rendered under this Agreement and ODBES shall not hire, supervise, or pay any assistants to Contractor in its performance of services under this Agreement. ODBES shall not be required to provide any training to Contractor to enable it to perform services required hereunder.

II. SCOPE OF WORK

A. Contractor Appendix A, Scope of Work, which is incorporated as part of this Agreement.

B. In order to facilitate the Work, if specified, ODBES shall provide the resources set forth in Appendix A, Scope of Work.

III. TIME OF PERFORMANCE

A. The Work shall be commenced on or after the date of an approved purchase order.

B. This Agreement shall be binding upon both parties until June 30, 2026, unless this Agreement is terminated earlier as provided in Article VI, Suspension or Termination of Contractor

C. It is expressly agreed by the parties that none of the rights, duties, and obligations herein shall be binding

§§ 3517.13, 127.16, or R.C. Chapter 102.

IV. COMPENSATION

A. ODBES shall pay Contractor no more than $860.00 for the Work.

B. The total amount due and its manner and schedule of payment shall be computed according to the cost schedule established in Appendix A, Scope of Work.

C. Contractor shall not be reimbursed for travel, lodging, or any other expenses incurred in the performance of the Work.

D. Contractor must receive a purchase order from ODBES prior to filling an order or performing any of the

Work.

E. Payment shall be made upon the submission of an invoice approved by ODBES. Invoices shall include , ODBES name and address, invoice number, an itemization of services, including the date services were rendered, number of hours worked, the rate per hour, and the total amount due. Contractor is expected to complete any deliverable within the requested fiscal year as stated in final invoice under this Agreement will be submitted by the Contractor to ODBES no later than forty-via email to the following email address: invoices@osdb.oh.gov. Per section (A) of 126.30 of the Revised Code, ODBES has thirty (30) days to make payment to Contractor after ODBES receives a proper invoice for the amount of the payment due.

F. Contractor is required to provide electronic funds transfer (EFT) payment information and maintain such an account for all associated payments. Contractor may sign up at http://www.supplier.obm.ohio.gov/

G. ODBES may use the Ohio Payment Card to pay for services that do not exceed Five Thousand and 00/100 Dollars ($5,000.00) per invoice, unless the Office of Budget and Management approves a higher limit.

Contractor may process a payment in the payment card network only upon delivery and acceptance of the supplies or services ordered. For partial deliveries or performance, Contractor may only process a payment for the amount delivered or completed. Upon completion of the delivery of remaining supplies or services, Contractor may process a payment request in the payment card network for the remainder of the order.

Contractor will receive payment through its merchant bank within the time frame agreed upon between Contractor and its merchant bank. Contractor should expect normal processing fees from its merchant bank for payment card transactions which may not be passed on to ODBES.

V. APPROPRIATION OF FUNDS

A. It is expressly understood and agreed by the parties that none of the rights, duties, and obligations described in this Agreement shall be binding on either party until all relevant statutory provisions of the Ohio Revised Code, including, but not limited to, R.C. § 126.07, have been met, and until such time as all necessary funds are available or encumbered and, when required, such expenditure of funds is approved by the Controlling Board of the State of Ohio, or in the event that grant funds are used, until such time that ODBES gives Contractor written notice that such funds have been made available to ODBES by ODBES

VI. SUSPENSION OR TERMINATION OF SERVICES

A. ODBES may, at any time prior to completion of the Work, suspend or terminate this Agreement with or without cause by giving written notice to Contractor.

B. In the event that the Work includes divisible services, ODBES may, at any time prior to completion of the Work, by giving written notice to Contractor, suspend or terminate any one or more such portions of the Work.

C. Contractor, upon receipt of notice of suspension or termination, shall cease work on the suspended or terminated activities under this Agreement, suspend or terminate all subcontracts relating to the suspended or terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and, if requested by ODBES, furnish a report, as of the date Contractor receives notice of suspension or termination, describing the status of all Work, including, without limitation, results, conclusions resulting therefrom, and any other matters ODBES requires.

D. Contractor shall be paid for services rendered up to the date Contractor receives notice of suspension or termination, less any payments previously made, provided Contractor has supported such payments with detailed factual data containing Work performed and hours worked. In the event of suspension or termination, any payments made by ODBES for which Contractor has not rendered services shall be refunded.

E. In the event this Agreement is terminated prior to completion of the Work, Contractor shall deliver to

ODBES all work products and documents which have been prepared by Contractor in the course of performing the Work. All such materials shall become and remain the property of ODBES, to be used in such manner and for such purpose as ODBES may choose.

F. Contractor agrees to waive any right to, and shall make no claim for, additional compensation against

ODBES by reason of any suspension or termination.

VII. RELATIONSHIP OF PARTIES

A. It is expressly understood that Contractor and ODBES are contractors independent of one another, and that neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other.

B. BES as the term is used in division (F) of section 124.01 of the Ohio Revised Code and, therefore, are not eligible for vacation, medical insurance, sick leave, parental leave, leave of absence, tenure, bumping rights, retirement, or any other benefits or rights, which are incidents of public employment subject to the civil service laws of Ohio. Moreover, Contractor is responsible for compliance with any labor laws and contracts as it pertains to any union employees under its employment.

C. Contractor shall be responsible for all of its own business expenses, including, but not limited to, computers, email and internet access, software, phone service, and office space. Contractor will also be responsible

Compensation and Unemployment Compensation coverage, if any.

VIII. RECORD MAINTENANCE AND ACCESS

A. During performance of this Agreement and for a period of three (3) years after its completion, Contractor shall maintain auditable records of all charges pertaining to this Agreement and shall make such records available to ODBES as ODBES may reasonably require.

B. Contractor shall, for the purpose of compliance with R.C. § 145.036, provide ODBES with a list of all individuals who will provide personal services under this Agreement, but only if Contractor has no more than four employees.

C. Inspection and Copying. At any time during normal business hours and upon not less than twenty-four (24) hours prior written notice, Contractor shall make available to ODBES, its agents or other appropriate State agencies or officials all books and records regarding this Agreement which are in the possession or control of Contractor, including, but not limited to, financial reports, and all other information pertaining to under this Agreement. ODBES, its agents and other appropriate State agencies and officials may review, audit, and make copies of such books and records. Any such inspection of books and records will be undertaken in such a manner as not to interfere unreasonably with

D. Document Accessibility. If contractor creates documents that will be posted to external or internet websites, Contractor must comply with Section 508 of the Rehabilitation Act, 29 USC 794(d) (http://criterion508.com/WebAccessibility), which gives disabled employees and members of the public access to information that is comparable to access available to others.

IX. RELATED AGREEMENTS

A. All Work is to be performed by Contractor, who may subcontract without ODBES written approval for the purchase of articles, supplies, components, or special mechanical services that do not involve the type of work or services described in Appendix A, Scope of Work, but which are required for satisfactory completion of the Work.

1. Contractor shall not enter into subcontracts related to the Work without prior written approval by

ODBES. All subcontracted work shall be at Contractor

2. Contractor shall furnish to ODBES a list of all subcontractors, their addresses, tax identification numbers, and the dollar amount of each subcontract.

B. Contractor shall bind its subcontractors to the terms of this Agreement, so far as applicable to the work of the subcontractor and shall not agree to any provision which seeks to bind ODBES to terms inconsistent with, or at variance from, this Agreement.

X. RIGHTS IN DATA AND COPYRIGHTS/PUBLIC USE

A. ODBES shall have unrestricted authority to reproduce, distribute, and use (in whole or in part) any reports, data, or materials prepared by Contractor pursuant to this Agreement. No such documents or other materials produced (in whole or in part) with funds provided to Contractor by ODBES shall be subject to copyright by Contractor in the United States or any other country. If Contractor has reason to believe that use of a specified item is subject to patent or copyright protection, Contractor shall immediately notify ODBES.

B. Contractor agrees that all original works created under this Agreement shall be made freely available to the general public to the extent permitted or required by law until and unless specified otherwise by ODBES.

Any requests for distribution received by Contractor shall be promptly referred to ODBES.

XI. CONFIDENTIALITY AND FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

A. Contractor shall comply with all applicable provisions of Ohio and federal laws including the Family amendments or other relevant provisions of federal law, as well as all requirements of Chapter 99 of Title 34 of the Code of Federal Regulations. Nothing in this Agreement shall be construed to allow either party to maintain, use, disclose, or share student information in a manner not allowed by either state or federal laws or regulations.

B.

party to the other which is, by its nature, information that a prudent businessperson would maintain as personally identifiable student information or educational records defined by FERPA.

C. Each party shall use confidential information only in connection with completing the terms of this Agreement as set forth herein. Each party agrees to use reasonable efforts to safeguard confidential confidential information and, in any event, efforts not less than those a prudent businessperson would take to protect his or her own confidential and proprietary information. No party shall, without the prior written approval of the other party, directly or indirectly, disclose confidential information to any person or business entity except its own employees and representatives, including attorneys, accountants, and financial advisors, on a need-to-know basis.

D. If Contractor experiences any breach of data security that exposes confidential information, that party shall bear all costs to notify every individual whose confidential information may have been compromised.

E. The Contractor agrees not to use advertising, news releases, sales promotions, or other publicity matters relating to any product or service furnished by the Contractor wherein ODBES s name is mentioned, or language used from which a connection with ODBES may be reasonably inferred, without the prior written consent of ODBES.

F. Any obligations under this Agreement regarding confidentiality are subject to applicable law, including the Ohio Public Records Act set forth in R.C. Chapter 149. The disclosure of records by ODBES pursuant to the Ohio Public Records Act shall not be a breach of this Agreement and shall not constitute a waiver of records.

XII. LIABILITY

A. Contractor agrees to indemnify and hold ODBES and the State of Ohio harmless and immune from any and all claims for injury or damages arising from this Agreement which are attributable to Contractor actions or omissions or those of its trustees, officers, employees, subcontractors, suppliers, third party agents, or joint venturers while acting under this Agreement. Such claims shall include any claims made under the Fair Labor Standards Act or under any other federal or state law involving wages, overtime or employment matters, and any claims involving patents, copyrights, and trademarks.

B. Contractor shall bear all costs associated with defending ODBES and the State of Ohio against any claims.

C. In no event shall either party be liable to the other party special damages, which include lost profits.

XIII. ANTITRUST ASSIGNMENT

A. Contractor assigns to ODBES all state and federal antitrust claims and causes of action that relate to all goods and services provided for in this Agreement.

XIV.

A. COMPLIANCE WITH LAWS. Contractor, in the execution of its duties and obligations under this

Agreement, agrees to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances.

B. DRUG-FREE WORKPLACE. Contractor agrees to comply with all applicable state and federal laws regarding drug-free workplace and shall make a good faith effort to ensure that all Contractor employees, while working on State property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way.

C. NONDISCRIMINATION OF EMPLOYMENT. Pursuant to R.C. § 125.111, Contractor agrees that Contractor, any subcontractor, and any person acting on behalf of Contractor or a subcontractor, shall not discriminate, by reason of race, color, religion, sex, sexual orientation, age, disability, military status as defined in R.C. § 4112.01, national origin, or ancestry against any citizen of this state in the employment of any person qualified and available to perform the Work. Contractor further agrees that Contractor, any subcontractor, and any person acting on behalf of Contractor or a subcontractor shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of the Work on account of race, color, religion, sex, sexual orientation, age, disability, military status, national origin, or ancestry.

D. USE OF MBE AND EDGE VENDORS. Revised Code § 125.081 requires state agencies to set aside -13S encourages use of

ODBES encourages Contractor to purchase goods and services from Ohio-certified MBE and EDGE vendors.

E. INDEPENDENT CONTRACTOR ACKNOWLEDGEMENT. Contractor acknowledges and agrees neither Contractor nor any of its individual employees providing personal services under this Agreement are public employees for the purposes of R.C. Chapter 145. ODBES will not make contributions to the subcontractors or other agents. Contractor certifies that it is an employer with five or more employees as or that it has completed the necessary forms provided by ODBES if Contractor is an employer with no more than four (4) employees.

XV. CONTRACTOR

A. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply with all state and federal laws regarding equal employment opportunity and fair labor and employment practices, including Section

125.111 of the Ohio Revised Code and all related Executive Orders. Before a contract can be awarded or renewed, an Affirmative Action Plan must be submitted to and approved by the State of Ohio.

B. CONFLICTS OF INTEREST/ETHICS. Contractor represents, warrants and certifies that it and its employees engaged in the administration or performance of this Contract are knowledgeable of and understand the Ohio Ethics and Conflict of Interest laws including but not limited to Chapter 102 and

Sections 2921.42 and 2921.43 of the Ohio Revised Code. Contractor further represents, warrants, and certifies that neither Contractor nor any of its employees will do any act that is inconsistent with such laws or otherwise presents a conflict of interest.

C. QUALIFICATIONS TO DO BUSINESS. Contractor affirms that it has all of the approvals, licenses, or other qualifications needed to conduct business in Ohio and that all are current. If Contractor becomes disqualified from conducting business in the state of Ohio for any reason at any time during the term of this Agreement, Contractor will immediately notify ODBES in writing and will immediately cease performance of the Work.

D. CAMPAIGN CONTRIBUTIONS. Contractor hereby certifies that neither it, nor any person described in

R.C. § 3517.13 (I) or (J), nor the spouse of any such person, has made, as an individual, within the two previous calendar years, one or more contributions to the governor or the gove totaling in excess of the limitations specified in R.C. § 3517.13.

E. FINDINGS FOR RECOVERY. Contractor recovery under R.C. § 9.24. If the warranty is false on the date the parties signed this Agreement, the Agreement is void ab initio, and the Contractor shall immediately repay any funds paid under this Agreement.

F. DEBARMENT. Contractor represents and warrants that neither it, nor any of its subcontractors, are debarred from consideration for contract awards by any governmental agency. If this representation and warranty is found to be false, this Contract is void ab initio, and the Contractor shall immediately repay any funds paid under this Contract.

G. EXPENDITURES OF PUBLIC FUNDS ON OFFSHORE SERVICES. Contractor affirms to have read and understands Executive Order 2019-12D issued by Ohio Governor Mike DeWine. Contractor shall perform no services required under this Agreement or locate State data in any way outside of the United States.

Contractor also affirms to have read and understands Executive Order 2022-02D issued by Ohio Governor Mike DeWine. Contractor has signed and completed the Standard Affirmation and Disclosure Form and shall perform no services in Russia, locate State data in Russia in any way, or purchase from or invest in Russian institutions or companies.

H. BOYCOTTING. Pursuant to R.C. § 9.76, Contractor hereby declares that it is not boycotting any jurisdiction with whom the State of Ohio can participate in open trade, including the nation of Israel, and will not do so during the term of this Agreement.

I. MATERIALS AND EQUIPMENT. Contractor warrants to ODBES that all materials and equipment furnished under this Agreement shall be new and of good quality unless otherwise required or permitted by the Agreement, that the Work shall be free from defects not inherent in the quality required or permitted, and that the Work shall conform to the requirements of the Agreement.

XVI. MISCELLANEOUS

A. CONTROLLING LAW. This Agreement and the rights of the parties hereunder shall be governed, construed, and interpreted in accordance with the laws of the state of Ohio. Contractor consents to jurisdiction in a court of proper jurisdiction in Franklin County, Ohio.

B. WAIVER. The failure of either party at any time to demand strict performance by the other party of any of the terms of this Agreement will not be a waiver of those terms or to any other terms of this Contract.

Waivers must be in writing to be effective, and either party may at any later time demand strict performance.

C. SURVIVAL. All sections herein relating to payment, confidentiality, license and ownership, indemnification, maintenance, publicity, warranties and limitations on damages shall survive the termination of this Agreement. In addition, to the extent necessary to carry out the purpose of this Agreement, all other terms, conditions, representations or warranties contained in this Agreement will survive the expiration or termination of this Agreement.

D. SUCCESSORS AND ASSIGNS. Neither this Agreement nor any rights, duties, or obligations hereunder may be assigned or transferred in whole or in part by Contractor, without the prior written consent of

ODBES.

E. NOTICES. For any notice under this Agreement to be effective, the notice must be in writing and: 1) hand delivered with delivery acknowledged in writing; 2) sent by U.S. Certified mail, return receipt requested, postage prepaid; 3) sent by overnight delivery service (Fed Ex, UPS, etc.) with receipt; or 4) sent by email.

Notices must be made to the contact persons listed below:

ODBES: Contractor:

Jessica Friesland John Bechhold Ohio Deaf and Blind Education Services 10221 Fourmile Canyon Road 500 Morse Road Boulder, CO 80302 Columbus, Ohio 43214 (202)-607-5450 (614)-728-1557 john.bechhold@gmail.com jfriesland@osdb.oh.gov

F. CONFLICT. In the event of any conflict between the terms and provisions of the body of this Agreement and any exhibit hereto, the terms and provisions of the body of this Agreement shall control.

G. HEADINGS. The headings in this Agreement have been inserted for convenient reference only and shall not be considered in any questions of interpretation or construction of this Agreement.

H. SEVERABILITY. If any provision of the Contract or the application of any provision is held by a court to be contrary to law, the remaining provisions of the Contract will remain in full force and effect.

I. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and shall not be modified, amended, or supplemented, or any rights herein waived, unless specifically agreed upon in writing by the parties hereto. This Agreement supersedes any and all previous agreements, whether written or oral, between the parties.

J. AMENDMENTS OR MODIFICATIONS.

1. ODBES reserves the right to right to reduce the Scope of Work set forth in Appendix A by providing written notice to the Contractor.

2. ODBES may document non-material changes in writing and provide notice to the Contractor.

3. Any other change to this Agreement will not be effective unless it is in writing and signed by both parties to the Agreement.

D. EXECUTION. This Agreement is not binding upon ODBES unless executed in full and is effective as of the last date of signature by ODBES.

E. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument.

F. ELECTRONIC SIGNATURES. Any party hereto may deliver a copy of its counterpart signature page to this Agreement electronically pursuant to R.C. Chapter 1306. Each party hereto shall be entitled to rely upon an electronic signature of any other party delivered in such a manner as if such signature were an original.

G. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned or subcontracted by Contractor without the prior express written consent of ODBES.

[SIGNATURE PAGE FOLLOWS]

JOHN BECHHOLD, CONTRACTOR OHIO DEAF AND BLIND EDUCATION SERVICES

By: By:

Printed Name: Dr. Lou Maynus

Title: Superintendent

Date: Date:

John Bechhold, Jr.

Contractor

7/18/2025

APPENDIX A

Scope of Work

I. WORK DESCRIPTION

John Bechhold agrees to attend the in-person

2025. At the aforementioned training, Contractor will model skills for:

1) Providing American Sign evaluations;

2) Conducting SLPI interviews and ratings for ODBES;

3) Ensuring conduct and demeanor is professional and appropriate and is in compliance with ODBES

Policies and Procedures.

II. COMPENSATION

Contractor will be paid a flat fee of $860.00 for the aforementioned services. Payment to Contractor under this Agreement shall not exceed $860.00.