CN-480000-26554.pdf

STATE OF FLORIDA DEPARTMENT OF EDUCATION

CONTRACT

(NON-STATE TERM)

Non State Term OGC-CM 07 Department Contract: 26-554 Page 1 of 3 Last revised 10/04/2024

NO. 26-554

Department of Education

Division: Blind Services

Bureau: Operations and Compliance

Section: Contracts

Name of Contractor Lighthouse of Collier

Address of principal place of business:

2685 Horseshoe Drive South, Suite 101 Naples, Florida 34104

This Contract (“Contract”) is entered into as a contractual undertaking by and between the Florida Department of Education (“Department”) and the above-named Contractor (“Contractor”) as of the Effective Date concerning the project identified below (“Project”).

I. Name of Project:

Maintaining Independence for the Blind

II. Brief Summary of Nature and Purpose of Project:

The primary purpose of this Project is to provide the salary for the employment of one full-time Certified Vision Rehabilitation Therapists (CVRT) or Teachers of the Visually Impaired (TVI) or Occupational Therapists (OT) with Low Vision Rehabilitation certification, to carry out individualized services to visually impaired and blind citizens of Collier County and the surrounding areas, ages 5 and older.

III. Contract Documents:

The documents establishing and constituting the contractual relationship between the Department and the Contractor (referred to collectively as the “Contract”) supersede all prior agreements and understandings, written or oral, regarding this Project and consist of the following:

• This Contract, including all of the following attachments, which are hereby incorporated by reference and made a part hereof, and which are identified as follows (reference additional attachments as appropriate):

1. Attachment A: Detailed Description of Performance Duties;

2. Attachment B: Payment Schedule;

3. Attachment C: Standard Terms and Conditions;

4. If determined by the Department to be applicable, Attachment D: Single Audit Act Requirements.

The Department determines that Attachment D is Not Applicable

5. Attachment E: Minority Sub Contractors Utilization Summary. The Department determines that

Attachment E is Not applicable.

6. Attachment F: Service Categories and Definitions

7. Attachment G: Fixed Fee Invoice

8. Attachment H: Employee Certification Form

9. Attachment I: Foreign Country of Concern Attestation

CONTRACT

(NON-STATE TERM)

Non State Term OGC-CM 07 Department Contract: 26-554, Page 2 of 3 Last revised 10/04/2024

In the event of a conflict between the Contract and any of the attachments, the order of priority in terms of the controlling provisions and documents are as follows: this Contract, Attachment A, Attachment B, Attachment C, Attachment D, and Attachment E.

IV. Project Management:

The Department and the Contractor designate their respective representatives, identified below (“Contract Manager”), for coordination, communication, and management of the Project.

For the Department: For the Contractor:

Alexia Sweet (Name)

Robin Godlstone (Name)

Contract Manager (Title)

Chief Executive Officer (Title)

Division of Blind Services 325 W. Gaines Street, Suite 1114 Tallahassee, Florida, 32399 (Mailing address)

Lighthouse of Collier, Inc.

2685 Horseshoe Drive South, Suite 101 Naples, Florida 34104 (Mailing address)

Telephone: (850) 245-57854 Fax: (850) 245-0363 Email: Alexia.Sweet@dbs.fldoe.org (Phone, fax and e-mail)

Telephone: (239) 430-3934 Fax: (239) 430-9213 Email: Robing@lighthouseofcollier.org (Phone, fax and e-mail)

V. Effective Date:

This Contract shall be effective September 1, 2025, or on the date upon which it is signed by both Department and Contractor, whichever is later.

VI. Expiration Date:

This Contract shall expire on August 31, 2026, unless cancelled earlier in accordance with its terms.

VII. Renewal:

Subject to the limitations set forth in Sections 287.057(14), and 287.058(1)(g), Florida Statutes, and Attachment C, Section I.F, this Contract is renewable at the option of the Department for a renewal period or periods with commencement and expiration dates as follows: There are no renewal options for this contract.

The Department shall provide advance written notice of at least 30 days of its decision to exercise its option.

VIII. Contract Amount:

PUR 2024

Part A: Use of Coercion for Labor and Services

Pursuant to section 787.06(13), Florida Statutes, this portion of the form must be completed by an officer or representative of the nongovernmental entity executing, renewing, or extending a contract with a governmental entity.

Part B: Provision of Commodities Produced bv Forced Labor

Lighthouse of Collier, lnc. does not use coercion for labor or services as defined in section 7 87 .06, Florida Statutes.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Entity Name: Liqhthouse of Collier, lnc.

Representative/Officer's Printed Name: Robin Goldstone Garcia

Rep

* Date: 0811812025

I certify that to the best of my knowledge, the commodities Lighthouse of Collier, lnc. is offering to the Department have not been produced, in whole or in part, by forced labor.

Entity Name. Liqhthouse of Collier, lnc.

Senior Management's Printed Name: Robin Goldstone Garcia

Senior Man member's Title: CEO

S nature Date: 08/1812025

Pursuant to section 287.1346(4)(b), Florida Statutes, this portion of the form must be completed by a member of the company's senior management, as defined in section 287.1346, F.S., when the company submits a response to a solicitation for the provision of commodities and before the company enters into or renews a contract for the provision of commodities.

Siqnature:

Form OGC-CM 02 Department Contract No. 26-554, Attachment A, Page 1 of 9 Last revised 07/01/2023

STATE OF FLORIDA, DEPARTMENT OF EDUCATION

PROCUREMENT CONTRACT – ATTACHMENT A

DETAILED DESCRIPTION OF PERFORMANCE DUTIES

The detailed description of the Contractor’s performance duties and related provisions for the procurement Contract awarded to Lighthouse of Collier, Inc., Contract No. 26-554, are as follows:

I. Project Overview:

A. Program Background and Purpose of Project.

Pursuant to Chapter 413, Florida Statutes, the Department of Education / Division of Blind Services (DOE/DBS or Division) is mandated to provide services to individuals of all ages who are blind or visually impaired. The DOE/DBS routinely partners with Community Rehabilitation Programs (CRP) to provide services that enhance the lives of people with vision loss. The extent of services provided through the CRP is based, in part, on the types of services available through a specific program, needs of the specific community, and the resources available within the

DOE/DBS.

The primary purpose of this Project is to provide the salary for the employment of the equivalent of one full-time Certified Vision Rehabilitation Therapists (CVRT) or Teachers of the Visually Impaired (TVI) or OT with Low Vision Rehabilitation certification, to carry out individualized services to visually impaired and blind citizens of Collier County and the surrounding areas, ages 5 and older.

1. Terms and Definitions.

a. Legal Blindness – (also referred to as “blind”) Legal blindness is when the best corrected central visual acuity in the better-seeing eye is less than or equal to 20/200, or the visual field dimension in the better-seeing eye is less than or equal to 20 degrees at the widest diameter, even if the central visual acuity is better than 20/200.

b. Visually Impaired – Severe reduction of vision, in terms of acuity or field restriction, that cannot be corrected with standard glasses or contact lenses and reduces a person’s ability to function at certain or all tasks. Visual Impairment is when the best corrected central visual acuity in the better-seeing eye is less than or equal to 20/70, or the visual field dimension in the better-seeing eye is less than or equal to 140 degrees.

B. Scope of Work:

1. Scope of Service

a. This project was created through Chapter 413, Florida Statutes, (Part 1).

b. The objectives of this program are to:

i. Hire the equivalent of a minimum of One (1) full-time Certified Vision Rehabilitation Specialists (CVRTs) and/or Teachers of the Visually Impaired (TVI) and/or Occupationanal Therapists (OTs) with Low Vision Rehabilitation certification (herein after collectively referred to in this contract as “Certified Instructors”) to provide one-on-one instruction to clients in their homes. Certified Instructors will:

1) Provide educational training to a minimum of twenty (20) blind or visually impaired individuals in Collier County and surrounding areas, ages 5 years and up during the contract term;

2) Provide a minimum of three (3) to fifteen (15) individualized lessons to each individual served during the contract term.

DETAILED DESCRIPTION OF PERFORMANCE DUTIES

Department Contract No. 26-554, Attachment A, Page 2 of 9

a. Overall length of training depends on severity of visual impairment and speed of onset, as well as the individual’s ability to remain independent in their home.

3) Provide a pre and post Comprehensive Functional Assessment (CFA) that will help determine a client’s needs and goals achieved.

2. Service Delivery Area and Travel

a. Contractor shall deliver training in Collier County and surrounding areas.

b. Services shall be conducted at the client’s place of residence or other location within the community to meet individualized service needs.

c. Contractor may also provide services at its primary business location.

d. Contractor may transport clients who reside in and around Collier County to its business location to provide one-on-one training during its normal business hours, which is located at:

2685 Horseshoe Drive South Suite 101 Naples, FL 34104

e. Transportation will not be a billable expense under this contract.

3. Eligibility

a. Individuals who meet the definition of legally blind or visually impaired as defined in

Attachment A, section I.A.1.a. and b.; and,

b. Individuals who reside in Collier County and surrounding areas.

The Contractor is required to maintain documentation regarding client’s visual impairment and must make information available to the Department upon request.

4. Staffing

a. Services under this contract shall be supported by one (1) staff member, as described below:

i. A Certified Instructor, as identified in Section I.B.1.b.i., above.

1) Has a minimum of a bachelor’s degree and the certification is current with the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP).

2) If certified as a CVRT Instructor may provide limited O&M instruction, if the instruction is encompassed in the CVRT’s core domain areas for mobility, as defined by ACVREP.

5. Service Tasks

a. Independence Training

i. Contractor shall provide ongoing independence skills training, in accordance with the client’s assessment goals. Such services provided may include, but not limited to the following:

1) Comprehensive Functional Assessment

Department Contract No. 26-554, Attachment A, Page 3 of 9

2) Activities of Daily Living

3) Orientation and Mobility

4) Communication Skills, and

5) Assistive Technology

ii. Contractor shall make available basic training aids and devices for participants to be used in conjunction with the provision of instruction.

iii. Contractor is responsible for recruiting and referring clients for participation in independence training under this Contract.

iv. Services under this Contract shall not count towards service hours on any other Contract administered by the DOE/DBS.

6. Travel:

Contractor will will not be reimbursed for travel pursuant to Section 112.061, Florida Statutes.

C. Governing Statutory and Administrative Requirements.

1. The statutes and administrative rules or regulations to be implemented by this project are as follows:

a. State: Chapter 413, Florida Statutes, (Part 1).

b. Federal: The Rehabilitation Act of 1973, as amended

2. Administrative Requirements:

a. Pursuant to State of Florida Executive Order No. 11-116, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Contractor during the contract term.

b. Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the contract term.

c. Contractor shall secure a level two (2) criminal history background check, pursuant to

Florida Statutes, Chapter 435, on all Contractor staff, volunteers, independent contractors, interns, etc., who have or will have direct contact with clients and/or access to client records (information, files, etc.) prior to any performance of services or activities in connection to this Contract.

i. Background checks shall be updated every five (5) years.

ii. Contractor must certify all staff, volunteers, independent contractors, interns, etc., have submitted to and passed a level two (2) criminal history background screening in accordance with this section.

iii. Contractor shall have policies in place to protect the health and safety of clients receiving contracted services:

Department Contract No. 26-554, Attachment A, Page 4 of 9

a) The Contractor shall comply with the incident prevention, reporting, and response requirements outlined in Attachment R: Health and Safety Policy Contract Appendix. This includes immediate and ongoing training of staff, subcontractors, and volunteers on incident identification, mandatory reporting, and corrective actions. Incident reports and follow-ups shall be submitted in accordance with the timelines and procedures described in the appendix.

b. Any person employed by, or otherwise engaged on behalf of the Contractor, to include sub-contractors, independent contractors, interns, or volunteers must be familiar with, and comply with the Contractor’s written policies and procedures related to health and safety. Written procedures must be in place to assure that appropriate action is taken if at any time the Contractor considers that the health and safety of a client is at risk or has been compromised.

c. The Contractor is responsible for developing, implementing, and reviewing training opportunities that address best practices for client safety.

Comprehensive training opportunities will assure staff or individuals engaged on behalf o the Contractor have the guidance to address incidences where safety is compromised.

d. The Department shall review the Contractor’s written policies and procedures and reserves the right to require the revision of such standards to ensure compliance with this contract, applicable laws and to protect the health and safety of clients served by the contractor.

3. Contractor shall ensure that all notices, information pamphlets, press releases, advertisements, descriptions of sponsorship of the program, research reports, promotional videos and similar documents and/or public notices prepared and released by the Contractor are in compliance with Section 286.25, Florida Statutes, which reads: “Any nongovernmental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program, state: ‘Sponsored by the Florida Department of Education and the State of Florida.’

If the sponsorship reference is in written material, the words “State of Florida” shall appear in the same size letters or type as the name of the organization.” DBS also requires the words “Department of Education, Division of Blind Services” be included in all such notices and materials, as described above.

D. Required Outcome of the Project:

1. Successful employment of a minimum of one (1) Certified Instructor, who will train individuals and provide them the skills needed to remain independent in their homes.

2. Each client will receive a pre and post Comprehensive Functional Assessment (CFA) to determine their individual goals and meeting of said goals.

3. Client goals will be successfully completed when said goals have been mastered three (3) out of three (3) times.

4. Overall program success will be based on a minimum of 85% of the participants meeting their individual goals.

E. Role of the Contractor:

1. Provide the services and tasks in accordance with the Scope of Work defined in Attachment A, section I.B.;

Department Contract No. 26-554, Attachment A, Page 5 of 9

2. Provide reporting by the Contractor

a. Contractor shall sign and submit Attachment H: Certification of Employment Form along with each monthly invoice.

b. Independence skills training activities: Contractor shall track training and support activities provided by the employed Certified Instructors to clients under this contract.

F. Role of the Department:

1. Review invoices prior to payment;

2. Ensure that services are provided in accordance with the Contract; and

3. The Department will designate a Contract Manager to represent the Department on all matters pertaining to this contract; and

4. The Department will perform Monitoring

a. The provision of services included in this contract will be monitored administratively and onsite.

b. At minimum, the Department will perform one (1) desk review of Contractor activities to verify Contractor compliance.

c. The Department may conduct periodic on-site monitoring visits during the Contract Period to verify

Contractor compliance.

5. Invoicing:

a. DOE/DBS staff will review a sample of participant case documentation, to verify that all invoiced activities are performed timely and accurately.

b. Payment will be made at the fixed rate, as specified in this Contract in Attachment B, Payment Terms and Schedule unless it is determined that the Contractor is out of compliance with the requirements of Section II.B. below. DOE/DBS Contract Managers will review, and approve or cancel, the invoice within five (5) business days from receipt of invoice. The DOE/DBS Fiscal Office will release an invoice for payment within five (5) business days from invoice approval.

c. Services are to be provided and payments made by DOE/DBS subject to the availability of funds.

6. Additional Requirements: DOE/DBS staff will work collaboratively with the Contractor in all phases of the Contractor’s performance of the terms and conditions of this Contract.

II. Project Phases and Deliverables (include associated tasks and documentation to be used as evidence of completion):

A. Description of the Major Phases Stages or Other Organizational Structure of the Project The organizational structure of the project is defined in Attachment A, section I.B., Scope of Work.

B. Deliverables.

The following is the itemized list of each Deliverable which the Contractor is required to provide to the Department, and for each Deliverable: the specifications for the Deliverable; the description of the activities leading to the Deliverable;

and the expected date of completion of the Deliverable.

Department Contract No. 26-554, Attachment A, Page 6 of 9

Major Deliverable Evidence of Completion Due Date Financial Consequence Throughout the full 12-month term of this Contract, Contractor is to keep the equivalent of a minimum of one (1) full-time Certified Instructor on staff to perform the duties and functions necessary to meet the required outcome of the project, as identified in Section I.D.

Contractor shall submit an invoice (Attachment G:

Contractor Invoice) indicating verified continuation of employment of a minimum of one

(1) Certified Instructor for the invoice period (one (1) month).

Invoices with no documentation of Certified Instructors’ current employment status will not be approved and will be returned to the Contractor for correction.

By the 12th day of each month. If the 12th falls on the State recognized holiday, then the following business day.

In the event no proof of employment is provided during any invoicing month that month’s payment may be forfeited.

C. Invoicing

1. Contractor shall submit a properly completed invoice, consistent with Attachment G: Contractor Invoice, including all supporting documentation and required reports to the Contract Manager no later than twelve (12) days following the end of the month.

2. To document progress toward achieving deliverables, the Contractor shall submit monthly reports outlined in Attachment A, section 1.E.2.

D. Method of Payment

1. This is a fixed-price Contract not to exceed $75,000.00 for the twelve (12) month term.

2. The Department will pay the Contractor a fixed price of $6,250.00 each month over a twelve-month period, as outlined in Attachment B: Payment Terms and Conditions.

E. Criteria for Final Completion of the Contract.

The criteria for final completion of the Contract are the delivery to, and approval by, the Department of all Deliverables required by the Contract.

I. All contract activities must be complete on or before August 31st, 2026.

II. Contractor shall submit an outcome report with the final invoice that indicates the outcome of project activities, consistent with Attachment A, section I.E.2.d.

F. Acceptance Testing.

To implement the provisions of Attachment C, Section IV., Deliverables shall be approved in accordance with the following acceptance testing plan: Not applicable.

G. Software Updates.

If the project involves the use of software to be provided by or through the Contractor, periodic updates to such software will be handled in accordance with the following: Not applicable.

III. Performance Bond. Not applicable.

As provided in Attachment C, Section XVIII.:

A. The Contractor shall provide a performance bond , another form of security or not applicable .

B. If applicable, the amount of the Contractor’s performance bond is is not the total amount of the Contract. If the amount is not the total amount of the Contract it is the amount of $ .

C. If applicable, the form of the other security shall be ( ) in the amount of $ .

IV. Financial Consequences

Form OGC-CM 02 Department Contract No. 26-554, Attachment A, Page 7 of 9

If the Contractor fails to meet the minimum level of service or performance identified, the Department will be injured as a result thereof. If the requirements are not timely and satisfactorily performed, the Contractor shall be subject to one or more of the financial consequences listed. The contract manager shall periodically review the progress made on the activities and deliverables. If the Contractor fails to meet and comply with the activities/deliverables established or to make appropriate progress and they are not resolved within two weeks of a written request for correction; the contract manager may approve: 1) withholding of payment proportionate to the deficient service or performance until the deficiency is cured, (2) request the contractor redo or otherwise cure the work, or (3) a reduced payment by the rate established under this contract proportionate to the deficient service or performance.

The contract manager must assess one or more of the financial consequences based on the severity of the failure to perform and the impact of such failure on the ability of the contract to meet the timely and desired results. These financial consequences shall not be considered penalties. The Department; at its sole discretion, may offer the Contractor an extension for any listed tasks, timelines, or deliverables during which the indicated financial consequences shall not apply. Notification of any extension shall be provided to the Contractor in writing. If financial consequences are imposed and due; the Department may offset the financial consequences from the next invoice or from the final retained payment, or require separate payment. Any payment made in reliance on the Contractor's evidence of performance; which evidence is subsequently determined to be erroneous, will be immediately due as an over payment.

The Division of Blind Services shall review the Contractor’s progress made on the activities and deliverables listed above. If the Contractor fails to meet and comply with the activities/deliverables established in the Contract or to make appropriate progress on the activities and/or towards the deliverables and they are not resolved within two (2) weeks of notification, the Contract Manager may approve a reduced payment or request the Contractor redo the work or terminate the Contract.

There will be a dollar to dollar reduction in the contract where the contractor fails to spend the allocated funds related to salaries.

(see Attachment B, Payments and Budgets). The Contractor shall produce documentation of expenditures that substantiates actual expenditures (such as through timesheets and payroll records, or other such documentation agreed upon by DOE/DBS and the Contractor.

V. Modification of Standard Terms and Conditions.

Each of the following cited provisions supersedes or modifies, as indicated, the Section of Attachment C, Standard Terms and Conditions, to which it expressly refers:

A. Section III, Invoices, of Attachment C is not applicable to this Contract. Invoices shall be governed by the following provisions:

1. The Contractor shall submit properly completed monthly invoices in detail sufficient for a proper pre-audit and post-audit thereof and in a form acceptable to DOE/DBS for services rendered and/or goods provided under this Contract including expenditure reports to support all requests for payment. Invoices must be submitted within twelve (12) days following the end of the month for which payment is requested. These invoices shall be on Contractor's letterhead and must verify continuation of employment of a minimum of one (1) Certified Instructor for each monthly invoice period. Invoices with no documentation of Certified Instructors’ current employment status will not be approved and will be returned to the Contractor for correction. Invoices must state the total number of participants who received services, the date(s) the services were provided, together with the names of the participants served during the payment period.

2. Final Invoice (Withholding Payment). The Contractor shall submit the final invoice for payment to DOE/DBS no more than sixty (60) days after the Contract ends or is terminated. If the Contractor fails to do so, all rights to payment are forfeited and DOE/DBS will not honor any requests submitted after the aforesaid time period unless a written request for extension is received prior to the sixty (60) day deadline. The DOE/DBS Contract Manager shall review all payment requests of the Contractor in a manner that will allow the Contractor to submit an invoice within sixty (60) days. If the final invoice cannot be submitted within the required sixty (60) day period, the Contractor must submit a written request for extension, to the Contract Manager, prior to the sixty (60) day deadline. The DOE/DBS Contract Manager shall respond to these requests within ten (10) days after receipt of the request.

Form OGC-CM 02 Department Contract No. 26-554, Attachment A, Page 8 of 9

B. Section XIX, Assignments and Subcontracts. The Contractor is not required to secure approval but must meet DBS/DOE standards for DOE/DBS personnel.

The Contractor is solely liable for the performance of all obligations outlined in this Contract, which are not the exclusive responsibilities of DOE/DBS.

C. Section XXXV.B. MyFloridaMarketplace Transaction Fee is not applicable pursuant to Rule 60 A-1.032(1)(d).

VI. Additional Terms and Conditions

Each of the following enumerated provisions supersedes or modifies, as indicated, the Section of Attachment C, Standard terms and Conditions, to which it expressly refers:

A. Contractor understands that all records made available under this Contract concerning and personally identifying clients to be served under this Contract are confidential and privileged as provided by federal and state law.

Contractor further understands that said records may not be disclosed to third parties without the express, written consent of the client, or his or her authorized personal representative as may be appropriate, of disclosure to a person or persons to be specified.

B. Contractor acknowledges that an unauthorized disclosure of such records is a violation of federal and state law and is grounds for sanctions under this Contract, to include cancellation. Contractor will consult and confer with DOE/DBS upon receiving requests of third parties for disclosure of said records.

C. Safeguarding Information.

1. Contractor agrees not to use or disclose any information concerning any recipient of Contractors services under or incident to this Contract for any purpose not in conformity with state regulations and Federal law or regulations (45 CFR, Part 205.50, 34 CFR PART 361.38 and other applicable laws), except upon written consent of the recipient of services, or the responsible parent or guardian when authorized by law.

2. The Contractor is subject to all provisions of confidentiality of client records as set forth in § 413.012, Florida Statutes.

D. Unusual Incident Reporting. Contractor shall report to DOE/DBS and the Florida Abuse Hotline knowledge of reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult. The Florida Abuse Hotline’s statewide toll-free telephone number is 1-800-962-2873. Reporting shall be done in accordance with Chapter 415, Florida Statutes. This is binding upon both the Contractor and its employees.

E. Transportation Disadvantaged. For clients being transported, the Contractor agrees to subcontract with the designated Community Coordinated Transportation Contractor, or otherwise comply with the provisions of Chapter 427, Florida Statutes.

F. Purchasing. Contractor agrees to purchase articles which are the subject of, or required to carry out, this Contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, Florida Statutes, in the manner and under the procedures set forth in Sections 946.515(2) and (4), Florida Statutes. For purposes of this Contract, the Contractor shall be deemed to be substituted for DOE/DBS insofar as dealings with PRIDE. The preceding sentence shall be construed to mean solely that if DOE/DBS would be obligated to purchase the property necessary under this Contract from PRIDE, Contractor shall be obligated to purchase such property from PRIDE. This clause is not applicable to subcontractors of the Contractor unless otherwise required by law.

G. Staff, Facilities and Equipment. Contractor agrees to maintain sufficient staff, facilities and equipment to deliver the goods and services described in this Contract, and to immediately notify DOE/DBS whenever Contractor is unable or is going to be unable to provide the required quality or quantity of goods or services. In addition, all facilities used in

Form OGC-CM 02 Department Contract No. 26-554, Attachment A, Page 9 of 9 the delivery of services must comply with the design and construction accessible to the physically handicapped per “the Architectural Barriers Act of 1968,” Section 504 of the Rehabilitation Act and the ADA.

H. Records Retention. Contractor shall maintain (in accordance with generally accepted accounting procedures) and retain, during and for five (5) years after termination of this Contract, books, records and all other documents relating to this Contract. Such will sufficiently and properly reflect all expenditures of funds provided by DOE/DBS under this Contract (collectively, the “Records”). If an audit has been initiated and audit findings have not been resolved at the end of such five (5) year period, Contractor shall retain the Records until resolution of the audit findings. The Contractor shall file with the DOE/DBS such Records as the DOE/DBS may require (in its sole discretion) within one

(1) year after the completion of performance under this Contract.

Remainder of Page Internationally Left Blank

PROCUREMENT CONTRACT – ATTACHMENT B

PAYMENT TERMS AND SCHEDULE

Form OGC-CM 03 DOE Contract No.: 26-554, Attachment B, Payment Terms and Schedule Page 1 of 2 Last Revised 06.18.19

The Payment Terms and Schedule for the procurement contract awarded to Lighthouse of Collier, Inc., Contract Number 26-554 are as follows:

I. An “X” beside the correct provision in this section signifies that the provision is applicable to the Contract into which this Attachment B is incorporated.

A. Place an “X” beside either 1 or 2:

1. The total payment shall be the amount entered in the space provided in Section II, below.

Or

2. The total payment shall be an amount not to exceed the amount entered in the space provided in Section II, below.

Or Not applicable

B. Place an “X” beside either 1 or 2:

1. The total payment shall be paid as a single, lump sum payment upon the Contractor meeting the criteria for completion of the Contract.

Or

2. The total payment shall be paid as scheduled progress payments in accordance with Section III, below, which prescribes the amount of each payment, the specified Deliverable(s) that must be received and approved prior to each payment, and the projected payment date.

Or Not applicable

C. If I.A.2. applies, place an “X” beside any of the following that apply:

1. The total payment includes amounts, which are set aside for specified activities as described in Section

IV, below. Records shall be kept by the Contractor to account for amounts earned for each activity. In the event that the full amount set aside for any activity is not earned, the unearned amount shall revert to the Department and shall be reflected as an adjustment to the final payment.

2. Contract payments shall be based on a system of rates as prescribed in Section V, below, which shall account for all or a portion of the total contract payment also as prescribed in Section V, below.

II. As specified in Section I.A., the amount of the total payment, or the amount that the total payment shall not exceed is the following: Seventy-Five Thousand Dollars and No Cents ($75,000.00).

III. The schedule of progress payments, the Deliverable(s) required to be received and approved, and the projected payment dates are set forth below. The actual date of payment shall be governed by the receipt and approval of the Deliverable(s), not by the projected payment date which is included to assist in planning the Contract activities and managing the project.

Form OGC-CM 03 DOE Contract No.: 26-554, Attachment B, Payment Terms and Schedule Page 2 of 2 Last Revised 06.18.19

Amount of Payment* Project Date Description of Deliverables $6,250.00 September 30, 2025 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 October 31, 2025 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 November 30, 2025 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 December 31, 2025 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 January 31, 2026 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 February 28, 2026 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 March 31, 2026 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 April 30, 2026 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 May 31, 2026 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 June 30, 2026 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 July 31, 2026 Monthly Invoice & Documentation of Services Provided & Progress $6,250.00 August 31, 2026 Monthly Invoice & Documentation of Services Provided & Progress

IV. The amounts included in the total payment which are set aside for specified activities in accordance with Section I.C.1, above, the specified activity to which each amount pertains, and the criteria under which the Contractor earns portions of the amount which is set aside are described below:

• Amount Set Aside: $0

• Description of Activity: N/A

• Criteria for Earning Portion of the Amount which is set aside: N/A

V. The system of rates upon which contract payments are based is prescribed as follows:

A. As applicable, the type of work or the professional designation of a worker to whom the rate applies, the dollar amount of the rate, and the time unit covered by the rate amount are set forth below: See Table in Section III.

• Dollar Amount: $6,250.00

• Per Time Unit: Monthly

B. As needed, further description or explanation of the information prescribed in Section V.A, above, such as but not limited to conditions precedent to the commencement of work, payment caps by category, or conditions under which the time unit or dollar amount may be adjusted are as follows: N/A

C. Each invoice which requests a payment based upon the system of rates:

• Shall identify the pertinent dollar amount per time unit and the category of type of work, or professional designation of worker, in language which corresponds to subsection V.A, above;

• Shall specify the totals of the time units and amount of payment sought for each category of type of worker and for each worker, and,

• Shall be documented by time and performance records which are adequate for pre-audit and post-audit.

VI. Federal funds awarded through the Department by this Contract, if any: $0.

ATTACHMENT C

STANDARD TERMS AND CONDITIONS

Form OGC-CM 04 26-554 Attachment C, Page 1 of 5 Last revised 10/04/2024

I. Pursuant to S. 287.058(1), Florida Statutes (“F.S.”):

A. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and post audit thereof.

B. Travel expenses will be reimbursed only if expressly authorized by the terms of the Contract. Bills for any travel expenses shall be submitted in accordance with s. 112.061, F.S.

C. The Department may unilaterally cancel this Contract if the Contractor refuses to allow access by members of the public to all documents, papers, letters and materials made or received in conjunction with the Contract that are subject to Chapter 119, F.S., and are not exempt from public inspection by s 119.071, F.S., or by other provisions of general or special law.

D. The Deliverables specified in the Contract must be received and accepted in writing by the Department’s Contract Manager before Contractor is entitled to payment.

E. To complete this Contract, all services must be performed and/or goods received on or before the date(s) specified in the Contract.

F. If this Contract is expressly renewable, it may be renewed for a period that may not exceed three years or the term of the original contract, whichever is longer. The renewal price for the contracted service is set forth in the bid, proposal, reply. Cost for renewal shall not be changed. Renewals shall be contingent on satisfactory performance evaluations by the Department and subject to the availability of funds. Exceptional purchase contracts pursuant to

s. 287.057(3)(a) and (c), F.S., may not be renewed.

II. In fulfilling its obligations under this Contract and Chapter 119, F.S., Contractor must comply with the requirements outlined in s. 119.0701, F.S. If Contractor fails to comply with a public records request pursuant to Chapter 119, F.S., the Department may take any action under this Contract necessary to ensure compliance with Florida’s public records laws, including, but not limited to, demanding compliance with a public records request, seeking indemnification from Contractor regarding an action brought to enforce a public records request sent to Contractor, or terminating the Contract. Pursuant to s. 119.0701, F.S., Contractor must:

A. Keep and maintain public records required by the Department to perform the service;

B. Upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, F.S., or as otherwise provided by law;

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Department; and D. Upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the service. If the Contractor transfers all public records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850-

245-0735 & contractcustodian@fldoe.org, Florida Department of Education, Attn: Contract Custodian 325 W. Gaines Street, Suite 344, Tallahassee, FL 32399-0400.

III. The Contractor shall prepare an invoice for the amount due and mail it to the Department of Education Comptroller after having delivered the products and services required under this Contract to the Contract Manager. The invoice shall set forth details sufficient for a proper pre-audit and post-audit including, where applicable, the products and services delivered and completion dates. Upon receipt of the invoice, the Department of Education Comptroller will request confirmation from the Contract Manager that the delivered products and services are satisfactory, and payment is due. If for any reason they are not satisfactory, payment will be withheld until the unsatisfactory condition or conditions are corrected. Upon receipt of the Contract Manager’s approval, the Department of Education Comptroller shall process each invoice in accordance with the provisions of s. 215.422, F.S.

A. Contractor agrees to submit invoice within thirty (30) days of the Department’s acceptance of deliverables. It is understood that should Contractor fail to submit invoice within thirty (30) days following the Department’s acceptance of the deliverables, the Department shall not be responsible for payment thereof under this contract or quantum meruit.

IV. Section 215.422, F.S., provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the Contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to s. 55.03, F.S., will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Department’s Fiscal s. at 850/245-0401 or Purchasing Office at 850/245-0483. Payments to health care providers for hospitals, medical, or other health care services, shall be made not more than thirty-five (35) days from the date of eligibility for payment is determined, and the daily interest rate is .02740 percent. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State Agency, may be contacted at 866/352-3776 or by calling the Chief Financial Officer’s Hotline, 800/342-2762.

V. As used in this Contract, the term “Deliverable” refers to tangible “commodities”, as defined in s. 287.012(5), F.S., which the Contractor provides pursuant to the Contract and to reports or other tangible or documentary evidence which demonstrate that the Contractor has performed the services required by the Contract.

The following provisions govern Deliverables, as applicable:

mailto:contractcustodian@fldoe.org

STANDARD TERMS AND CONDITIONS

Form OGC-CM 04 26-554 Attachment C, Page 2 of 5 Last revised 10/04/2024

A. Each Deliverable must be physically delivered to the Department’s Contract Manager, or to a person designated by the Contact Manager. If delivery is made to a designee, the Contractor shall give written notice to the Contract Manager of the delivery. A Deliverable is not received until the Contract Manager has physical control of deliveries or has written notice that the designee has physical control.

B. In each case in which the approval of a Deliverable is dependent upon tests being conducted by the Department or Contractor, independently or jointly, the Department’s inspection and approval of the Deliverable shall not be subject to the five (5) day provision in s. 215.422, F.S., but shall be governed by the terms and conditions of the acceptance testing plan, as applicable, until approved in accordance with the plan.

C. In each case of a Deliverable of information technology, as defined at s. 287.012(14), F.S., unless specified otherwise, the acceptance testing plan is deemed to include as a minimum the reliable performance of the information technology in accordance with its design specifications in:

1. a test environment that simulates the production environment as much as is reasonably possible; and

2. the production environment for which it is intended for a period of time sufficient for the information technology to have experienced the major foreseeable exigencies of the production functions.

D. The Department’s inspection, including testing when applicable, shall determine whether or not the Deliverables appear to be in compliance with the

Contract. The Contractor shall be notified in writing of any apparent deficiency. The written notice shall detail the specific action required by the Contractor to correct the deficiency. The Contractor shall timely correct such deficiency and resubmit the deliverable for acceptance.

VI. The Contractor represents and agrees that information submitted in support of its requests for payment is the basis of payment and is true and accurate to the best of knowledge of the responsible signatory. A violation of this provision shall subject the violator to the provisions of s. 68.082, F.S., pertaining to false claims against the State, and/or s. 837.06, F.S., pertaining to false official statements.

VII. This paragraph applies if this Contract expires in a fiscal year subsequent to the fiscal year in which the Contract is entered. The State of Florida’s fiscal year comprises July 1 through June 30. The Department’s and State of Florida’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature.

VIII. Notwithstanding anything to the contrary contained in a State Term Contract, Contractor warrants that all commodities, as defined in s. 287.012, F.S., shall meet the specifications of the Contract and shall be merchantable and fit for the particular purposes intended by the Contract.

IX. The Contractor further warrants that as to each Deliverable produced pursuant to this Contract, Contractor’s production of the Deliverable, and the Department’s use of the Deliverable, will not infringe on the copyrights of any third party. This provision applies to each work of authorship in which copyrights subsist pursuant to 17 U.S.C. Sections 102-105 and to each exclusive right established in 17 U.S.C. Section 106. In furtherance of this provision the Contractor additionally warrants that:

A. As to each work of software or other “information technology”, as defined in s. 287.012(15), F.S., in which copyrights subsist, the Contractor has acquired the rights by conveyance or license to any third-party software or other information technology, which was used to produce the Deliverable;

B. As to each image and sound recording incorporated into a Deliverable, the Contractor has acquired the necessary rights, releases, and waivers from the person whose image or sound is included, or from the holder of the copyrights subsisting in the literary, musical, dramatic, pantomime, choreographic, pictorial, graphic, sculptural, motion pictures, audiovisual work or sound recording from which the included image or sound recording was taken.

X. The Contractor further warrants that the Contractor shall not disclose to any third party, without the express, prior, written approval of the Department, any personally identifiable information about any student. This applies to information which came from any record or report of a Florida public education institution or from any education record which is subject to the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g. The terms “record a report” and “student” shall have the meanings prescribed in s. 1002.22(2)(c) and (d), F.S. The term “educational record” shall have the meaning prescribed in 20 U.S.C.

Section 1232g(a)(4).

XI. In the event that the Governor and Cabinet are required to impose a mandatory reserve on appropriations, the Department shall amend this Contract to place in reserve the amount determined by the Department of Education to be necessary because of the mandatory reserve. Such amendments may provide for adjustments in the Deliverable products and services as may be necessary.

XII. Intellectual property is subject to following additional provisions:

A. Anything by whatsoever designation it may be known,…