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Florida Developmental Disabilities Council, Inc. Executive Committee Conference Call Agenda Friday, December 16, 2016 @ 12:00 noon 1-888-670-3525 and conference code 3810012784 Page 1 of 1 Action Item? Subject Presenter Notes Yes Approval of the Implementing Activities Funding Proposal for the Citizens for Improved Transit Transportation Voucher Continuation Sue Kabot Yes Approval to Not Implement New Program Manager Base Salary At This Time Sue Kabot No Discussion of Administrative Cap and In-House Programmatic Cap in Light of Additional Costs being Incurred Sue Kabot Yes Review of Comparison of Original Executive Director Positon Description and Moran Revised Positon Description Approval of Executive Director Position Description Sue Kabot Yes Approval of Amount of Relocation Costs Sue Kabot Yes Approval of Adding $5,000 to Personnel Budget for Writing of Two (2) – Three (3) 2017 Requests for Proposals Sue Kabot ? Other Sue Kabot No Public Comment Sue Kabot Indicates materials provided.

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Florida Developmental Disabilities Council, Inc.

Executive Committee

Conference Call Agenda

Friday, December 16, 2016 @ 12:00 noon

1-888-670-3525 and conference code 3810012784

Page 1 of 1

Action Item?

Subject Presenter Notes

Yes Approval of the Implementing Activities Funding Proposal for the Citizens for Improved Transit Transportation Voucher Continuation

Sue Kabot

Yes Approval to Not Implement New Program Manager Base Salary At This Time

Sue Kabot

No Discussion of Administrative Cap and In-House Programmatic Cap in Light of Additional Costs being Incurred

Sue Kabot

Yes Review of Comparison of Original Executive Director Positon Description and Moran Revised Positon Description

Approval of Executive Director Position Description

Sue Kabot

Yes Approval of Amount of Relocation Costs

Sue Kabot

Yes Approval of Adding $5,000 to Personnel Budget for Writing of Two (2) – Three (3) 2017 Requests for Proposals

Sue Kabot

? Other

Sue Kabot

No Public Comment

Sue Kabot

Indicates materials provided.

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Page 1 of 8 Rev. 10/23/12

IMPLEMENTING ACTIVITIES FUNDING PROPOSAL

____ New Project __X_ Continuation Project ___ Addendum

Section One: Scope of Work Analysis

General Information

1. Name of Project Year 2 Transportation Voucher Pilot Project (Citizens for Improved Transit, Inc.)

2. Date Submitted to Council for Approval

3. Submitted by Goal Subcommittee

Employment Goal Subcommittee

4. Collaborating Goal Subcommittee

N/A

5. Council Goal, Objective(s) and Activities

Goal 8: In partnership with individuals with developmental disabilities, their families and community stakeholders, the Council will support interagency collaboration and demonstration of new approaches to increase access to affordable, accessible, transportation options for Floridians with disabilities. Objective 8.2: Provide technical assistance to implement a transportation voucher demonstration project for individuals with developmental disabilities and seniors in at least 2 regional areas of Florida.

NOTE: In development of the RFP, a decision was made to focus more exclusively on individuals with intellectual and developmental disabilities as senior citizens tend have greater options for transportation than individuals with intellectual and developmental disabilities.

6. Contract Period December 15, 2016 to September 30, 2017 (9 ½ months)

Programmatic Information

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7. Need for the Project Accessible, affordable, and reliable transportation is a critical component to community inclusion. Having access to the community is a critical component for all people to be independent and self-sufficient. Florida’s transportation delivery system is very complex. Multiple funding streams from various agencies, differences in local providers, and issues related to provider jurisdiction are just a few of the things that make it difficult for individuals with intellectual and developmental disabilities to access and utilize available transportation services.

Unfortunately, many Floridians with disabilities are unable to use the Transportation Disadvantaged (TD) system as they would like to use it. According to the Transportation Disadvantages Commission, in 2010 the Commission provided 51.6 million trips to the transportation disadvantaged population; however, during the same fiscal year, 677,966 trips were denied due to lack of funding, lack of vehicle availability or some other reason. Why the number of denied trips for 2010 decreased from the number of denied trips in 2009, it is projected that by the year 2015, approximately 8.25 million Florida residents may qualify under the Transportation Disadvantaged definition and could be eligible for its services.

Alternative methods of providing transportation to individuals with disabilities are needed as the current Transportation Disadvantaged System is unable to handle all of the transportation needs of Florida’s individuals with disabilities on its own.

In 2010, the Council, in collaboration with the Center for Urban Transportation Research (CUTR) at the University of South Florida published a report entitled, “Innovative Approaches for Increasing Transportation Options for Persons with Disabilities in Florida.” The report examined accessibility issues for people with disabilities and the opportunities that become available when alternative mobility options are implemented in a community. It also provided verifiable information on existing alternative programs that have been implemented in other states in this country. The report concluded that a transportation voucher program could work in the state of Florida and detailed specific recommendations that, if followed, would lead to the implementation, management, evaluation, and potential expansion of transportation voucher pilot projects in Florida.

The critical need for transportation options continues to be identified as one of the primary barriers for individuals with intellectual and developmental disabilities to realize full inclusion in their communities, particularly with regard to employment and postsecondary education and training. Moreover, disparity in access to TD for employment and postsecondary education and training among Florida’s counties continues to be widespread as noted in the most recent Transportation Disadvantaged annual reports.

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In September 2015, the Council and the Florida Department of Transportation entered into contracts with the Hillsborough Area Regional Transit Authority (HART) and Citizens for Improved Transit, Inc. (CIT) to determine how Transportation Voucher Pilot Projects might work in the state of Florida in a larger county and in small and rural counties and communities, respectively as delineated above. HART was extremely successful in implementation in Hillsborough County. They have established a model through the use of a cab company that is saving enough dollars to meet the growing demand for transportation and be long-term sustainable without Council dollars. It has taken CIT much longer to get the program going in the small and rural counties/communities they serve, and more time is needed to explore and evaluate different voucher models and build an infrastructure for long-term sustainability.

8. Description of the Project In Year 2, Citizens for Improved Transit, Inc. (CIT), will continue to implement and expand the transportation voucher pilot program by providing transportation to Florida residents with developmental and intellectual disabilities to access employment, postsecondary education and training, and the community through an online database developed by the grantee. Physical vouchers may also be available to clients so they can request their own rides by calling one of the participating transit providers directly. Rides will be provided in sedans as well as paratransit vehicles equipped with wheelchair lifts. Transportation Network Companies may be utilized to provide service. Services will be available 7 days a week, including nights, weekends, and holidays, at no additional cost to the client/rider. Travel subsidies will be provided as a reimbursement including administrative expenses and transportation provider payments. Florida Rural Economic Development lnitiative (REDI) designated counties or communities will continue to be prioritized for services through this funding. Specifically, within the Citizens For lmproved Transit's service area, this includes the rural communities of Pahokee, Belle Glade and South Bay within Palm Beach County; Hardee, Desoto, Highlands, Glades, Hendry and Okeechobee County. Service provisions to the greater Palm Beach, Martin, and St. Lucie County areas will also be allowable under the provisions of this project.

9. Project’s Services to be Provided

CIT will provide the following services as part of this project: The Provider will submit a written report to detail work undertaken during each reporting period, to include:

● Major project activities

● Any emerging issues and how they were handled and/or lessons learned

The Provider will assure the following quality assurance items are addressed each reporting period:

● Tracking of financial performance against budget

● Monitoring performance goals with performance measures

● Continuous safety monitoring for any safety issues that arise, including vehicle

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Page 4 of 8 Rev. 10/23/12

accidents and any consumer-related issues

● Analysis of resulting information in relation to program goals and benefits to

consumers, including any modifications required to improve program made as

needed.

The Provider will implement the transportation voucher pilot program and collect and report on the following performance measures each reporting period:

● Number of rides provided

● Number of rides per user (average and individual)

● Number of unduplicated users

● Diversity of users (e.g., racial/ethnic backgrounds and rural versus non-rural) Types

of rides provided (e.g., employment, postsecondary education or training,

community access by type)

● Average cost per trip

● Trip length of one-way rides (average and individual).

The Provider will collect data on the quality of services provided and submit the following each reporting period:

● Number of consumer complaints

● User satisfaction data.

The Provider will identify methods for long-term sustainability and report on their inservice activities and promising methods for sustainability each reporting period and submit a sustainability plan for continued funding beyond the Council’s support of this initiative.

10. Anticipated Outcomes of the Project (include the Outcome as stated in the State Plan for this Objective)

Outcome 1: Increased transportation services for individuals with developmental disabilities and seniors living in catchment areas near the two (2) pilot sites.

Outcome 2: Project evaluation to determine effectiveness and sustainability options for the pilot sites will be conducted. Evaluation Methods:

1. Survey conducted upon completion of activity.

2. The Council will have demonstrated results for a presentation to increase the

knowledge of legislators and other potential funders.

Additional evaluation methods:

● Analysis of report on cost by implementation method with comparison to traditional

models

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● Analysis of report on number and type of riders, including diversity of users and types of

rides

Sustainability

11. Plans for project beyond Council funding

The Provider will be required to develop a sustainability plan for continued funding of this initiative throughout the course of implementation and fully implement the sustainability plan by the end of Year 2.

12. How will sustainability efforts be implemented?

Sustainability will be determined by the provider through inservice activities and promising methods identified and implemented.

Populations to be Served

13. Target population to benefit

This initiative is primarily designed to benefit individuals with intellectual and developmental disabilities in rural counties and communities.

14. How will cultural diversity, including unserved and underserved populations, be addressed?

Beyond providing services to individuals with intellectual and developmental disabilities in rural counties and communities, this project will seek diversity of participants and report on those accessing services (e.g., African American, Hispanic, etc.) to the extent possible.

Public Policy

15. What public policy effort(s) and impact will this project have?

This project has the potential to provide an alternate option for individuals with intellectual and developmental disabilities to have greater access, control and flexibility with transportation.

16. How will this project contribute to the Council’s public policy efforts?

The project supports the Council’s Transportation Legislative Priority and has ramifications for valuable information to be shared with the Florida Legislature and other key systems change partners with regard to transportation options.

Project Evaluation

17. Brief description of Evaluation plan / activities for this project

Evaluation Methods: 1. Survey conducted upon completion of activity. 2. The Council will have demonstrated results for a presentation to increase the knowledge of legislators and other potential funders.

Additional evaluation methods: ● Analysis of report on cost by implementation method

with comparison to traditional models Analysis of report on number and type of riders, including diversity of users and types of rides

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18. Evaluation Methods Check all that apply:

Yes No Yes No Yes

FDDC Customer Satisfaction form Work plan regularly updated Participation in mid-term review Formal QA/QI System State Plan Evaluation Methods: See item 17.

19. FDDC Monitoring Check all that apply:

Yes Yes No No No No

Evaluate deliverables by Program Manager and Project Liaison (if determined appropriate). Conduct mid-term review Advisory Committee oversight On-site review Participation in project activities Other:

Communications/PR 20. How will communications/PR be utilized to market the project and/or its outcomes?

Outcomes will be reported in one or more Council newsletters and marketed in other manners as deemed appropriate by the Goal Subcommittee.

21. Copyrighted material to be used

None

22. Communication/PR Materials to be Developed

None

23. Potential audience for materials or PR efforts

Yes Yes Yes Yes No Yes

FDDC Website or List Serv Relevant state agencies Relevant support or advocacy groups Legislators Media outlets Other: Other DD State Organizations

24. Review Process Check all that apply:

Yes

Yes

Goal Subcommittee Program Manager Goal Subcommittee Liaison Goal Subcommittee Members Communication Coordinator Communications Committee Other:

Reviewers Comment Section:

25. State Plan Subcommittee Member Comments

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IMPLEMENTING ACTIVITIES FUNDING PROPOSAL

Section Two: Background Information

Continuation or Sole Source Projects Only 26. Legal Applicant Citizens for Improved Transit, Inc. 27. Address 1406 Flagler Boulevard, Lake Park, Florida 33403 28. Phone 561-818-0524 29. Email Address [email protected] 30. FDDC Funding Year

Yr 1 Yr 2 Yr 3 Yr 4 Yr

31. FDDC $ $75,000 $150,000 $ $ $ 32. Match $ $0 $0 $ $ $ 33. Grand FDDC Total

$75,000 $150,000 $ $ $

34. Indicate the outcomes of previous project & indicate if met

The final report is currently being submitted. Preliminary results show individuals with intellectual and developmental disabilities from Belle Glade, South Bay, and Pahokee accessing transportation to work in Lake Worth and West Palm Beach as well as attending postsecondary education/training classes. At the end of the fourth deliverable period, six rural and urban area transportation providers were under contract to provide voucher funded transportation services. An amendment to the contract in August 2016, enabled CIT to expand their service area to also include their urban service areas. CIT did not provide any information to date on safety issues or concerns. CIT provided 1,023 rides; averaging 18 rides per user with 55 unduplicated users, primarily to employment and job training. The average cost per trip was $41.01. Total trip miles were 46,143, reflecting a range from 682 trips within five miles and 255 trips at 46 – 50 miles. CIT reported no consumer complaints and commendations from riders and agencies, including a support letter from Ridge Arc and support letter from a Goodwill Job Coach.

Procurement 35. Procurement Method Continuation Contract 36. Procurement Justification NA 37. FDDC Funds Requested $150,000 38. Match $0 39. Total $150,000

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Estimated Budget

40. Category FDDC Funds Match Match Source Total Cost Salaries and Benefits 38,000 Transportation Providers

112,000

TOTAL 150,000 150,000

Budget Justification 41. Personnel percentage of time on project

42. Travel None

43. Personnel Fringe

Reviews and Approvals 44. Date Goal Subcommittee Review and Approval

December 6, 2016

45. Goal Subcommittee Comments or Stipulations

Approved with no stipulations

Attachments – Continuation Projects Only Work Plan Provider Performance Evaluation Attachment A - Assurances Conflict of Interest Forms Signed: Note: All members who have a conflict of interest must sign and recuse themselves from the presentation and discussion.

Attachments – Sole Source Projects Only Attachment A - Assurances Conflict of Interest Forms Signed Note: All members who have a conflict of interest must sign and recuse themselves from the presentation and discussion.

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COMPARISON OF ORIGINAL AND MORAN EXECUTIVE DIRECTOR POSITON DESCRIPTION

Original Executive Director Position Description

Moran Company Executive Director Position Description

Differences

General: The Executive Director reports to the Chairperson and the Executive Committee of the Florida Developmental Disabilities Council. The Executive Director is responsible for the oversight and coordination of all activities of the organization, including: the organization’s status as the designated state agency to receive, disperse, and report federal funds from a formula grant award through the Administration on Developmental Disabilities, Department of Health & Human Services; implementation of the Council’s 5-year State Plan as required under the Federal Developmental Disabilities Act; and performance of all duties and responsibilities as stipulated by the Council By-Laws. The Executive Director serves as the lead liaison to all federal, state, and regional agencies and organizations that plan for and/or budget for supports and services for persons with developmental disabilities. Internally, the Executive Director is responsible for the day-to-day operations and performance of the organization.

General:

The Executive Director reports to the Florida Developmental Disabilities Council. The Executive Director is responsible for the oversight and coordination of all activities of the organization, including:

1. The organization’s status as the designated state agency to receive, disperse, and report federal funds from a formula grant award through the Administration on Developmental Disabilities, Department of Health & Human Services.

2. Implementation of the Council’s 5-year State Plan as required under the Federal Developmental Disabilities Act.

3. Lead liaison to all federal, state, and regional agencies that plan for and/or budget for supports and services for persons with developmental disabilities.

4. Responsible for the day-to-day operations and performance of the

1) Bullet vs Paragraph format 2) Moran Company excludes: “performance

of all duties and responsibilities as stipulated by the Council By-Laws”

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organization. Minimum Qualifications:

Eight years working in an executive capacity.

Broad based educational background

Minimum Qualifications:

Eight years working in a nonprofit executive capacity.

Broad based educational background. At minimum, a Bachelor’s degree is required.

Moran includes Bachelor’s degree requirement

Additional Expected Qualifications:

Considerable knowledge of intellectual and developmental disabilities, including issues and systems that affect the ability of individuals with intellectual and developmental disabilities to live independently and productively in an integrated community.

Considerable knowledge of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act).

Considerable knowledge of the purpose and functions of state Councils on Developmental Disabilities under the DD Act.

Demonstrated capacity to administer a multifaceted non-profit organization.

Considerable knowledge of organizational management and experience with personnel supervision.

Considerable knowledge and background about advocacy, public policy, state legislation, and the activities of state agencies which administer the systems and/or advocate for individuals with intellectual and developmental disabilities.

Additional Expected Qualifications:

Experience in the sector of intellectual and developmental disabilities, including issues and systems. Considerable knowledge of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act).

Strong organizational abilities, including planning, delegating, program development, and task facilitation, without micro-managing key personnel.

Transparent and high integrity leadership.

Ability to envision and convey the organization’s strategic future to the Council, staff and partner agencies (Mission driven and within objectives of 5-year plan).

Experience in advocacy, public policy, state legislation, and the activities of state agencies.

Demonstrated analytical and problem-solving skills which provide the ability to clearly and accurately interpret government regulations, financial data, and operational needs.

Track record of building strong collaborative partnerships with agencies in order to achieve the “systems change”

Same Expected Qualification in Both: o Ability to manage a multi-million

dollar budget o Demonstrated analytical and problem-

solving skills which provide the ability to clearly and accurately interpret government regulations, financial data, and operational needs (Original also includes “and develop viable solutions”)

Similar Expected Qualifications but combined or worded differently: Pair #1 o Original: Considerable knowledge of

intellectual and developmental disabilities, including issues and systems that affect the ability of individuals with intellectual and developmental disabilities to live independently and productively in an integrated community. Considerable knowledge of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act).

o Moran: Experience in the sector of intellectual and developmental disabilities, including issues and

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Ability to exercise leadership internally within the organization and externally on behalf of individuals with intellectual and developmental disabilities.

Knowledge of system planning and applicable federal laws, rules and regulations, and ability to interpret and apply this knowledge to the Council’s operations and State Plan.

Ability to communicate verbally and in writing professionally, effectively, and in a clear and articulate manner. This includes but is not limited to formulating and articulating in a convincing manner, the goals and objectives of the Council.

Demonstrated analytical and problem-solving skills which provide the ability to clearly and accurately interpret government regulations, financial data, and operational needs, and develop viable solutions.

Excellent supervisory skills.

Ability to manage a multi-million dollar budget.

Strong decision-making skills.

sought under the new 5-year plan.

Extensive personnel management experience, including interviewing, hiring, and evaluation of staff. Demonstrated appreciation for staff, solicitation of their input, and a positive working environment that encourages professional growth and autonomy.

Experience and skill in working with a large Board of Directors.

Ability to manage a multi-million-dollar budget.

systems. Considerable knowledge of the Developmental Disabilities Assistance and Bill of Rights Act (DD Act).

Pair #2 o Original: Considerable knowledge and

background about advocacy, public policy, state legislation, and the activities of state agencies which administer the systems and/or advocate for individuals with intellectual and developmental disabilities.

o Moran: Experience in advocacy, public policy, state legislation, and the activities of state agencies.

Pair #3 o Original: Demonstrated capacity to

administer a multifaceted non-profit organization. Considerable knowledge of organizational management and experience with personnel supervision. Excellent supervisory skills.

o Moran: Strong organizational abilities, including planning, delegating, program development, and task facilitation, without micro-managing key personnel. Extensive personnel management experience, including interviewing, hiring, and evaluation of staff. Demonstrated appreciation for staff, solicitation of their input, and a positive working environment that encourages

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professional growth and autonomy. Pair # 4 o Original: Ability to exercise leadership

internally within the organization and externally on behalf of individuals with intellectual and developmental disabilities.

o Moran: Transparent and high integrity leadership.

In Original but not in Moran: o Considerable knowledge of the purpose

and functions of state Councils on Developmental Disabilities under the DD Act.

o Knowledge of system planning and applicable federal laws, rules and regulations, and ability to interpret and apply this knowledge to the Council’s operations and State Plan.

o Ability to communicate verbally and in writing professionally, effectively, and in a clear and articulate manner. This includes but is not limited to formulating and articulating in a convincing manner, the goals and objectives of the Council.

o Strong decision-making skills.

In Moran but not in Original: o Ability to envision and convey the

organization’s strategic future to the Council, staff and partner agencies (Mission driven and within objectives of 5-year plan).

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o Track record of building strong collaborative partnerships with agencies in order to achieve the “systems change” sought under the new 5-year plan.

o Experience and skill in working with a large Board of Directors.

Specific: Specific:

Program Administration: PROGRAM ADMINISTRATION – The Executive Director is responsible for the development, implementation and maintenance of an operational infrastructure that effectively and efficiently supports and facilitates the Council’s work to achieve its State Plan goals and objectives. The Executive Director provides lead staff support to the Chairperson in performing the duties and functions of that position. The Executive Director assures all day-to-day operations within the offices of the organization are in compliance with the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), laws and regulations applying to Council’s 501c (3) status, Council By-laws, applicable state laws and requirements, and council policy and procedures. The Executive Director assures adequate resources and supports are provided and available, including adequate risk management protection for the Council. The Executive Director assures that Council members are supported for the most effective utilization of their skills, interests, and

Program Administration: I. PROGRAM ADMINISTRATION – The

Executive Director is responsible for the development and implementation of the Council’s work to achieve its State Plan goals. Objectives to demonstrate meeting these responsibilities include the following:

Ensures the effective management of the council’s operations, of the programmatic management system for council-funded projects, of the council’s public policy activities, and of the council’s marketing and public relations activities.

Ensures that the work of the council is effectively planned and implemented.

Provides sound reliable advice and guidance to the Council relative to meeting the intent and requirements of the DD Act, Council By-Laws, applicable state laws, and Council policies and procedures.

Provides lead staffing responsibilities for the Executive Committee, other committees and full Council meetings.

Moran does not include the detail in the overview paragraph of the original, including providing lead staff support to the Chair; assuring operation is in compliance with DD Act, laws/regulations, by-laws, policies and procedures; assuring adequate resources and support (including risk management protection); and assuring Council members are supported.

Second and third bullets are the same.

First and fourth bullets in Moran are abbreviated versions of the Original.

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abilities, and the accomplishment of the Council’s State Plan goals and objectives. Objectives to demonstrate meeting these responsibilities include the following: o Ensures the effective management of the

council’s financial, business and office operations; of the programmatic and contractual management system for council-funded projects; of the council’s public policy and advocacy activities; and of the council’s communication, marketing and public relations activities.

o Ensures that the work of the council and its committees is effectively planned and implemented.

o Provides sound reliable advice and guidance to the Council and its members relative to meeting the intent and requirements of the DD Act, Council By-Laws, applicable state laws, and Council policies and procedures.

o Provides lead staffing responsibilities for the Executive Committee and full Council meetings and ensures that the work of these committees and council is effectively implemented.

Policy/Advocacy: POLICY / ADVOCACY – The Executive Director is responsible for ensuring the effective development and advocacy of public policy positions of the council that furthers the

Policy/Advocacy: POLICY / ADVOCACY – The Executive Director is responsible for ensuring the effective advocacy of public policy positions that furthers critical needs of individuals with

In overview paragraph, Moran does not include responsibility for ensuring effective development of public policy positions and does not include that the public policy positions are to further the

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council’s state plan goals and objectives and/or addresses critical needs of individuals with developmental disabilities. The Executive Director is responsible for ensuring the coordination of all policy and advocacy efforts with AIDD/DHHS, state agencies, the Florida Legislature, Office of the Governor, state and local disability advocacy organizations, and the National Association of Councils on Developmental Disabilities.

Objectives for demonstrating meeting these responsibilities include the following: o Provides or assures staff provision of

effective legislative education and advocacy activities to support Council policies before the State Legislature.

o Provides or assures staff provision of effective education and advocacy activities at the federal level either directly, or via the Administration on Intellectual and Developmental Disabilities or the National Association of Councils on Developmental Disabilities.

o Participates or assures member/staff participation on select policy-related groups that will further the goals and objectives of the Council.

intellectual and developmental disabilities. The Executive Director is responsible for ensuring the coordination of all advocacy efforts with AIDD/DHHS, state agencies, the Florida Legislature, Office of the Governor, state and local disability advocacy organizations, and the National Association of Councils on Developmental Disabilities.

Objectives for meeting these responsibilities include:

Provides effective legislative education and advocacy activities to support Council policies before the State Legislature.

Provides effective education and advocacy activities at the federal level either directly, or via the Administration on Intellectual and Developmental Disabilities or the National Association of Councils on Developmental Disabilities.

Participates on select policy-related groups that will further the goals of the Council.

Council’s state plan goals and objectives.

Bullets basically the same except they only refer to the Executive Director “providing” or doing each responsibility, not ensuring staff provision of the work.

Program Planning & Implementation: PROGRAM PLANNING & IMPLEMENTATION –The Executive Director has lead responsibility for the development of the Council’s five year State Plan and for the preparation of the

Program Planning & Implementation: PROGRAM PLANNING & IMPLEMENTATION –The Executive Director has lead responsibility for the development and implementation of the Council’s 5- year State Plan. Objectives for

Moran does not include the detail of the Original in overview, including ensuring progress in meeting state plan is assessed and amendment submitted, and that Council is planning and implementing

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annual Program Performance Report to ADD. The Executive Director ensures that the Council’s progress in meeting the state plan goals and objectives is periodically assessed and that amendments to the state plan are submitted as necessary. The Executive Director ensures that the Council is consistently and effectively planning and implementing strategies to achieve the goals and objectives of the Five Year State Plan, and that the strategies/initiatives are adequately managed. Objectives for meeting these responsibilities include the following: o Ensures that a system for programmatic

and contractual management of the council-funded projects is implemented and managed in a manner that ensures that the council funded projects achieve the intended outcomes, comply with contractual requirements, and meet the federal obligation and liquidation schedule.

o Prepares the annual program performance report in a manner that accurately presents the council’s work for the past year and is submitted on a timely basis.

o Ensures that the Council members are sufficiently informed of the progress of the council-funded projects and achievement of the state plan goals and objectives.

o Ensures that the Council’s State Plan is

meeting these responsibilities include:

Ensures that a system for programmatic and contractual management of the council-funded projects is implemented in a manner that ensures that the projects achieve the intended outcomes, comply with contractual requirements, and meet the federal obligation and liquidation schedule.

Ensures that the Council’s State Plan is based on thorough planning, reflects the vision of the Council, and provides direction for the work of the Council.

strategies to achieve state plan and these strategies are adequately managed.

Moran does not include in either the overview or bullets the preparation of the annual Program Performance Report.

The first and fourth bullet in the Original is in the Moran.

Moran does not include ensuring the Council members are information of progress in achieving state plan.

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based on thorough planning, reflects the vision of the Council, and provides direction for the work of the Council.

Fiscal: FISCAL – The Executive Director assures appropriate oversight in the receipt, disbursement and reporting of all funds, including federal funds through AIDD/DHHS and the Federal DD Act.

Objectives for meeting these responsibilities include the following: o Ensures that the financial, budgeting and

accounting operations for the Council is managed in a manner that ensures the Council’s compliance with all applicable federal and state laws and requirements and that the federal obligation and liquidation schedule is met.

Fiscal: FISCAL – The Executive Director assures appropriate oversight in the receipt, disbursement and reporting of all funds, including federal funds through AIDD/DHHS and the Federal DD Act. Objectives for meeting these responsibilities include:

Ensures that the financial, budgeting and

accounting operations for the Council are managed in a manner that ensures the Council’s compliance with all applicable federal and state laws and requirements and that the federal obligation and liquidation schedule is met.

The same

Staff Management & Supervision: STAFF MANAGEMENT & SUPERVISION – The Executive Director is responsible for the recruitment, hiring, supervision, and termination of all council staff, as well as assuring timely performance evaluations and support necessary for staff to perform the work of the council. The Executive Director is responsible for the coordination and effectiveness of all functions of the council.

Staff Management & Supervision: STAFF MANAGEMENT & SUPERVISION – The Executive Director is responsible for the recruitment, hiring, supervision, and termination of all council staff. Objectives for meeting these responsibilities include:

Ensures that staff receives the training,

support and guidance necessary to effectively perform the responsibilities of their positions.

Moran does not include in overview the responsibility for assuring timely performance evaluations, support necessary for the work of the council, and the coordination and effectiveness of all functions of the Council.

Moran does not include the bullet ensuring that performance evaluations are completed no later than one month after performance period.

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Objectives for meeting these responsibilities include the following: o Ensures that staff receives the training,

support and guidance necessary to effectively perform the responsibilities of their positions.

o Ensures the effective performance of staff in carrying out the work of the Council.

o Ensures that performance evaluations are completed no later than one month after the end of the performance review period

Ensures the effective performance of staff in carrying out the work of the Council.

EMPLOYMENT AGREEMENT

This Agreement is made and entered into on September 19,

2012____________________, by and between the FLORIDA DEVELOPMENTAL

DISABILITIES COUNCIL, INC., of Tallahassee, Florida (hereafter referred to as the

“Council”), and Debra Dowds___________________, of Tallahassee, Florida (hereafter

referred to as the “Employee”).

In consideration of their mutual covenants and promises as set forth below, the

parties hereby agree as follows, intending to be legally bound:

I. MUTUALITY OF CONSIDERATION

Each of the parties acknowledges the receipt of a valuable consideration from the

other, and they do here and now bind themselves as hereinafter stated.

II. EMPLOYMENT

The Council employs the Employee as its Executive Director, and the Employee

accepts such employment upon the following terms and conditions.

III. DUTIES

The Employee serves as the Council's Chief Executive Officer, reporting to its

Chairperson and Executive Committee. The Employee is generally responsible for the

day to day operation of the Council's business, overseeing and coordinating all fiscal,

policy, planning, advocacy, program administration and staffing requirements.

Additionally, the Employee is responsible for assuring the Council’s continued

compliance with all federal and state statutes, rules and regulations associated with the

Administration on Developmental Disabilities, United States Department of Health and

2

Human Services; and all federal and state statutes, rules and regulations applicable to the

Council’s maintenance of its status as a nonprofit corporation.

Finally, the Employee shall perform or conduct such other reasonable duties

related to the purposes of the Council as the officers and directors of the Council may

delegate to the Employee or as may be provided for in the Bylaws of the Council or the

Employee’s position description.

The Employee shall be evaluated on the performance of her duties by the

Executive Committee, pursuant to the “Performance Evaluation for Executive Director,”,

in accordance with the procedures set forth in the Council’s Bylaws, at least annually, on

or about the time of the Council’s fall meeting.

IV. COMPENSATION AND BENEFITS

The Council shall initially pay the Employee an annual salary of

$94,090_________, withholding and paying all necessary FICA, federal income tax, and

other required payments in accordance with applicable federal and state law. The

Employee shall be paid on the same payment basis and schedule as other Council

employees.

The Employee may be considered for bonuses and/or salary raises in conjunction

with the completion of the Employee’s annual performance evaluation or at such other

times. Recommendations as to bonuses and/or salary increases shall be made by the

Executive Committee subject to the approval by the as deemed appropriate by the

Chairperson of the Council, its Executive Committee or its Board of Directors.

3

The Council shall pay for and provide the Employee with the same health

insurance coverage for the Employee and his or hertheir family. Additionally, the

Employee shall be provided and life insurance benefits, retirement plan contributions,

pPaid tTime oOff, and other benefits as are enjoyed by all other full time Council

employees.

The Council shall pay the Employee’s dues to belong to the profession-related

association(s) of his or her choosing, in an amount not to exceed $350 per year.

Additionally, the Council shall pay tuition, travel and such other fees and costs as are

necessary to allow the Employee to attend seminars, educational courses, profession-

related association meetings, and such other meetings pertaining to Council business as

may be appropriate and are approved by the Council Chairperson, pursuant to Council

policy. Such amounts shall not exceed $2500.00 per year unless specifically approved by

the Executive Committee.

The Employee shall be reimbursed for Council-related travel and other out of

pocket expenses in accordance with the same policies applicable to all other Council

employees.

V. TERM

Upon employment, the Employee shall serve an interim period from his or

hertheir date of hire through September 30, 2017. Beginning on October 1, 2017, the

Employee shall begin his or hertheir The initial term of this written Agreement, which

shall be for a period of three yearsyears (the “Employment Term”). The Employment

Term shall end on , beginning on September 1, 2012, and ending on August 31,

4

2015September 30, 2020. At the conclusion of the first 12 month period of the

Employment Term, and at the conclusion of each succeeding 12 month period, upon the

Employee’s satisfactory performance for that annual evaluation period, as reflected in the

performance evaluation given the Employee by the Executive Committee and signed by

the Chairperson, the term Employment Term of this Agreement shall be extended

automatically for an additional 12 month term, such that it remains a three year

agreement, unless written notice is provided by either the Council or the Employee at that

time that the Employment tTerm will not be extended beyond its then present expiration

date.

VI. TERMINATION

This Agreement, and the Employee’s employment by the Council, may be

terminated, as follows:

1. If this Agreement is not extended or renewed, as provided above, the Employee’s

employment with the Council shall be deemed to be terminated upon the expiration date

of this Agreement. In this event, the Employee shall be entitled to payment of her salary

and all benefits, through the expiration date of the agreement, and shall be entitled to

payment for accrued but unused Paid paid Time time Offoff up to 120 hours. The

Council shall have no further obligations to the Employee, financial or otherwise, under

the circumstances of this type of termination.

2. Should funding of the Council under the federal Developmental Disabilities

Assistance and Bill of Rights Act, 42 U.S.C. S. 6001, et seq., not be authorized, or should

the Council otherwise not continue to be sufficiently funded, this Agreement may be

5

terminated by the Council, upon 60 days advanced written notice to the Employee. The

determination of the continued sufficiency of funding shall be in the sole discretion of the

Council. In this event of termination of this Agreement under this provision, the

Employee shall be entitled to payment of her salary and all benefits, through the effective

date of termination, and shall be entitled to payment for accrued but unused Paid paid

Time time Off off up to 120 hours. Additionally, the parties agree that further

remuneration, in the form of a severance package, may be negotiated under the

circumstances of this type of termination.

3. Should the Council determine to terminate the Employee’s employment prior to

the expiration of the term of this Agreement, without cause, the Employee shall be given

a minimum of 60 days advanced written notice prior to the effective date of such action.

In the event of a termination without cause, the Employee shall be entitled to payment of

her salary and all benefits, through the effective date of the end of the term of this

Agreement, and shall be entitled to payment for accrued but unused Paid paid Time time

Off off up to 120 hours. The Council shall have no further obligations to the Employee,

financial or otherwise, under the circumstances of this type of termination.

4. The Employee may terminate her employment with the Council at any time, upon

a minimum of 60 days advanced written notice. In the event of an Employee initiated

termination, the Employee shall be entitled to payment of her salary and all benefits,

through the effective date of termination, and shall be entitled to payment for accrued but

unused Paid paid Time time Off off up to 120 hours. The Council shall have no further

6

obligations to the Employee, financial or otherwise, under the circumstances of this type

of termination.

5. The Employee’s employment with the Council may be terminated for cause.

Cause for termination may come in various forms including but not limited to continued

unsatisfactory performance of the job functions, criminal actsthe committing of a felony

or a felony or misdemeanor related to the Employee’s employment, and or major the

committing of a major violation(s) of the infractions of Council policies or repeat

violations of its provisions. Some of these causes may be cured. In the event that the

Employee is cited for unsatisfactory performance, either during the time she is given her

performance evaluation or at any other time, upon written notice thereof, the Employee

shall be given a period of 60 days to attempt to remedy the stated deficiencies. If the

Employee fails to cure the deficiencies to the satisfaction of the Executive Committee

within the stated period, or within an agreed upon extension of that period if progress

toward a cure remedy is being made, the Employee shall be terminated, effective at the

end of the stated period within which the remedial action was to have occurred.

If the cause is unrelated to the Employee’s performance or is of such a serious

nature that an attempt to remedy the situation would be detrimental to the best interests of

the Council, the Employee’s termination will be effective immediately upon the

Employee being so notified. The determination that cause is of such a serious nature that

an effort to cure should not be given shall be in the sole discretion of the Executive

Committee.

7

In the event of a termination for cause, the Employee shall be entitled to payment

of her salary and benefits, through the effective date of termination; but shall not be

entitled to payment for any Paid Time Off. The Council shall have no further obligations

to the Employee, financial or otherwise, under the circumstances of this type of

termination.

6. Termination of this Agreement under any conditions not set forth in the preceding

paragraphs of this section shall be deemed a breach of this Agreement.

VII. SEVERABILITY

If any provision of this Agreement, or any portion thereof, is held to be unlawful,

invalid or otherwise unenforceable, the remainder of the Agreement, provision or portion

thereof shall be deemed severable, shall not be affected thereby, and shall remain in full

force and effect.

VIII. AMENDMENTS

This Agreement may be amended only upon the express written mutual

agreement of both parties.

Formatted: Indent: Left: 0", First line: 0"

8

IX. ASSIGNMENT

This Agreement is personal in nature and may not be assigned by either party

except upon the express written mutual agreement of both parties.

X. WAIVER OF DEFAULT

A failure by either party to insist upon strict performance by the other of any

provision of this Agreement from time to time or to exercise any right hereunder, shall

not be deemed a waiver of such right applicable to future conduct or the accrual of future

rights.

XI. GOVERNING LAW/DISPUTE RESOLUTION

This Agreement shall be governed by, construed and enforced in accordance with

the laws of the State of Florida and no other. The venue for any legal action or other

proceeding which might arise from this agreement shall be Leon County, Florida. Any

controversy or dispute which might arise between the Council and the Employee relating

to the terms and conditions of the Employee’s employment with the Council; or this

Agreement, its terms, or the enforcement thereof, shall be settled by binding arbitration.

The conduct of any such arbitration proceedings shall take place in Leon County, Florida,

and shall be in accordance with the Florida Arbitration Code, Chapter 682, Florida

Statutes.

XII. ENTIRE AGREEMENT

It is specifically stipulated by the parties that there are no verbal agreements or

understandings between them affecting this Agreement, and that this Agreement

constitutes the sole and entire agreement between the parties.

9

IN WITNESS WHEREOF, the parties hereto, lawfully authorized, have executed

this Agreement, in duplicate, on the day and year first written above.

Witness

Witness

Witness

Witness

FLORIDA DEVELOPMENTAL

DISABILITIES COUNCIL, INC.

By:

Its:

By:

Its:

Debra Dowds

EMPLOYMENT AGREEMENT

This Agreement is made and entered into on ____________________, by and

between the FLORIDA DEVELOPMENTAL DISABILITIES COUNCIL, INC., of

Tallahassee, Florida (hereafter referred to as the “Council”), and ___________________,

of Tallahassee, Florida (hereafter referred to as the “Employee”).

In consideration of their mutual covenants and promises as set forth below, the

parties hereby agree as follows, intending to be legally bound:

I. MUTUALITY OF CONSIDERATION

Each of the parties acknowledges the receipt of valuable consideration from the

other, and they do here and now bind themselves as hereinafter stated.

II. EMPLOYMENT

The Council employs the Employee as its Executive Director, and the Employee

accepts such employment upon the following terms and conditions.

III. DUTIES

The Employee serves as the Council's Chief Executive Officer, reporting to its

Chairperson and Executive Committee. The Employee is generally responsible for the

day to day operation of the Council's business, overseeing and coordinating all fiscal,

policy, planning, advocacy, program administration and staffing requirements.

Additionally, the Employee is responsible for assuring the Council’s continued

compliance with all federal and state statutes, rules and regulations associated with the

Administration on Developmental Disabilities, United States Department of Health and

Human Services; and all federal and state statutes, rules and regulations applicable to the

Council’s maintenance of its status as a nonprofit corporation.

2

Finally, the Employee shall perform or conduct such other reasonable duties

related to the purposes of the Council as the officers and directors of the Council may

delegate to the Employee or as may be provided for in the Bylaws of the Council or the

Employee’s position description.

The Employee shall be evaluated on the performance of her duties by the

Executive Committee, pursuant to the “Performance Evaluation for Executive Director,”

in accordance with the procedures set forth in the Council’s Bylaws, at least annually, on

or about the time of the Council’s fall meeting.

IV. COMPENSATION AND BENEFITS

The Council shall initially pay the Employee an annual salary of $_________,

withholding and paying all necessary FICA, federal income tax, and other required

payments in accordance with applicable federal and state law. The Employee shall be

paid on the same payment basis and schedule as other Council employees.

The Employee may be considered for bonuses and/or salary raises in conjunction

with the completion of the Employee’s annual performance evaluation or at such other

times. Recommendations as to bonuses and/or salary increases shall be made by the

Executive Committee subject to the approval by the Board of Directors.

The Council shall pay for and provide health insurance coverage for the

Employee and his or her family. Additionally, the Employee shall be provided life

insurance benefits, retirement plan contributions, paid time off, and other benefits as are

enjoyed by all other full time Council employees.

3

The Council shall pay the Employee’s dues to belong to the profession-related

association(s) of his or her choosing, in an amount not to exceed $350 per year.

Additionally, the Council shall pay tuition, travel and such other fees and costs as are

necessary to allow the Employee to attend seminars, educational courses, profession-

related association meetings, and such other meetings pertaining to Council business as

may be appropriate and are approved by the Council Chairperson, pursuant to Council

policy. Such amounts shall not exceed $2500.00 per year unless specifically approved by

the Executive Committee.

The Employee shall be reimbursed for Council-related travel and other out of

pocket expenses in accordance with the same policies applicable to all other Council

employees.

V. TERM

Upon employment, the Employee shall serve an interim period from his or her

date of hire through September 30, 2017. Beginning on October 1, 2017, the Employee

shall begin his or her initial term of this written Agreement, which shall be for a period of

three years (the “Employment Term”). The Employment Term shall end on September

30, 2020. At the conclusion of the first 12 month period of the Employment Term, and at

the conclusion of each succeeding 12 month period, upon the Employee’s satisfactory

performance for that annual evaluation period, as reflected in the performance evaluation

given the Employee by the Executive Committee and signed by the Chairperson, the

Employment Term of this Agreement shall be extended automatically for an additional

4

12 month term, such that it remains a three year agreement, unless written notice is

provided by either the Council or the Employee at that time that the Employment Term

will not be extended beyond its then present expiration date.

VI. TERMINATION

This Agreement, and the Employee’s employment by the Council, may be

terminated, as follows:

1. If this Agreement is not extended or renewed, as provided above, the Employee’s

employment with the Council shall be deemed to be terminated upon the expiration date

of this Agreement. In this event, the Employee shall be entitled to payment of her salary

and all benefits, through the expiration date of the agreement, and shall be entitled to

payment for accrued but unused paid time off up to 120 hours. The Council shall have no

further obligations to the Employee, financial or otherwise, under the circumstances of

this type of termination.

2. Should funding of the Council under the federal Developmental Disabilities

Assistance and Bill of Rights Act, 42 U.S.C. S. 6001, et seq., not be authorized, or should

the Council otherwise not continue to be sufficiently funded, this Agreement may be

terminated by the Council, upon 60 days advanced written notice to the Employee. The

determination of the continued sufficiency of funding shall be in the sole discretion of the

Council. In this event of termination of this Agreement under this provision, the

Employee shall be entitled to payment of her salary and all benefits, through the effective

date of termination, and shall be entitled to payment for accrued but unused paid time off

5

up to 120 hours. Additionally, the parties agree that further remuneration, in the form of

a severance package, may be negotiated under the circumstances of this type of

termination.

3. Should the Council determine to terminate the Employee’s employment prior to

the expiration of the term of this Agreement, without cause, the Employee shall be given

a minimum of 60 days advanced written notice prior to the effective date of such action.

In the event of a termination without cause, the Employee shall be entitled to payment of

her salary and all benefits, through the effective date of the end of the term of this

Agreement, and shall be entitled to payment for accrued but unused paid time off up to

120 hours. The Council shall have no further obligations to the Employee, financial or

otherwise, under the circumstances of this type of termination.

4. The Employee may terminate her employment with the Council at any time, upon

a minimum of 60 days advanced written notice. In the event of an Employee initiated

termination, the Employee shall be entitled to payment of her salary and all benefits,

through the effective date of termination, and shall be entitled to payment for accrued but

unused paid time off up to 120 hours. The Council shall have no further obligations to

the Employee, financial or otherwise, under the circumstances of this type of termination.

5. The Employee’s employment with the Council may be terminated for cause.

Cause for termination may come in various forms including but not limited to continued

unsatisfactory performance of the job functions, the committing of a felony or a felony or

misdemeanor related to the Employee’s employment, or the committing of a major

6

violation(s) of the Council policies or repeat violations of its provisions. In the event that

the Employee is cited for unsatisfactory performance, either during the time she is given

her performance evaluation or at any other time, upon written notice thereof, the

Employee shall be given a period of 60 days to attempt to remedy the stated deficiencies.

If the Employee fails to cure the deficiencies to the satisfaction of the Executive

Committee within the stated period, or within an agreed upon extension of that period if

progress toward a remedy is being made, the Employee shall be terminated, effective at

the end of the stated period within which the remedial action was to have occurred.

If the cause is unrelated to the Employee’s performance or is of such a serious

nature that an attempt to remedy the situation would be detrimental to the best interests of

the Council, the Employee’s termination will be effective immediately upon the

Employee being so notified. The determination that cause is of such a serious nature that

an effort to cure should not be given shall be in the sole discretion of the Executive

Committee.

In the event of a termination for cause, the Employee shall be entitled to payment

of her salary and benefits, through the effective date of termination; but shall not be

entitled to payment for any Paid Time Off. The Council shall have no further obligations

to the Employee, financial or otherwise, under the circumstances of this type of

termination.

6. Termination of this Agreement under any conditions not set forth in the preceding

paragraphs of this section shall be deemed a breach of this Agreement.

7

VII. SEVERABILITY

If any provision of this Agreement, or any portion thereof, is held to be unlawful,

invalid or otherwise unenforceable, the remainder of the Agreement, provision or portion

thereof shall be deemed severable, shall not be affected thereby, and shall remain in full

force and effect.

VIII. AMENDMENTS

This Agreement may be amended only upon the express written mutual

agreement of both parties.

IX. ASSIGNMENT

This Agreement is personal in nature and may not be assigned by either party

except upon the express written mutual agreement of both parties.

X. WAIVER OF DEFAULT

A failure by either party to insist upon strict performance by the other of any

provision of this Agreement from time to time or to exercise any right hereunder, shall

not be deemed a waiver of such right applicable to future conduct or the accrual of future

rights.

XI. GOVERNING LAW/DISPUTE RESOLUTION

This Agreement shall be governed by, construed and enforced in accordance with

the laws of the State of Florida and no other. The venue for any legal action or other

proceeding which might arise from this agreement shall be Leon County, Florida. Any

controversy or dispute which might arise between the Council and the Employee relating

8

to the terms and conditions of the Employee’s employment with the Council; or this

Agreement, its terms, or the enforcement thereof, shall be settled by binding arbitration.

The conduct of any such arbitration proceedings shall take place in Leon County, Florida,

and shall be in accordance with the Florida Arbitration Code, Chapter 682, Florida

Statutes.

XII. ENTIRE AGREEMENT

It is specifically stipulated by the parties that there are no verbal agreements or

understandings between them affecting this Agreement, and that this Agreement

constitutes the sole and entire agreement between the parties.

9

IN WITNESS WHEREOF, the parties hereto, lawfully authorized, have executed

this Agreement, in duplicate, on the day and year first written above.

Witness

Witness

Witness

Witness

FLORIDA DEVELOPMENTAL

DISABILITIES COUNCIL, INC.

By:

Its:

By:

Its: