Superintendent Contract Addendum

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					                              THE SCHOOL DISTRICT OF PALM BEACH COUNTY

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                              Addendum #6 to Superintendent Employment Contract


This Addendum #6 entered into this        lh day of    k                    fl&y,
                                                                 2000, by and between the
School Board of Palm Beach County, Florida (hereinafter r ferred to as the "Board") and
Arthur Johnson, Ph.D., the Superintendent (hereinafter referred to as the "Superintendent"),
which parties hereby stipulate and agree to the below-noted changes to the original
Superintendent Employment Contract of April 2001, as amended by the Addendum #1 dated
April 29, 2002, the Addendum #2 dated September 15, 2003, the Addendum #4 dated May
17, 2006, and the Addendum #5 dated April 25, 2007 (hereinafter collectively referred to as
the "Contract"). The parties acknowledge that Addendum #3 dated April 29, 2004 was
voided by Addendum #4.

CHANGES MADE TO THE CONTRACT ARE AS FOLLOWS:

Term: Paragraph 1.1 of the Contract is amended to provide for a five-year term ending on
      June 30,2014.

To the extent any conflict exists between the Contract and this Addendum #6, this
Addendum #6 shall govern. All other terms of the Contract remain in full force and effect.

In witness whereof, this Addendum #6 has been executed on the respective dates set forth
below by the parties.
WITNESSES:


                                                             WILLIAM G. GRAHAM, CHAIRMAN




-

dF&/&
Signature

                                                             DATE:

                                                                       ATTORNEY APPROVAL:

 gnature                                                   *A*- A. WILLIAMS, CHIEF COUNSEL
                                                            GERALD
                                                             TO THE SCHOOL BOARD

                                                             DATE:




C:\Docurnents and Settings\floydd\Local Settings\Ternporary Internet Files\OLK250Mddendurn 6 Supt 054-09 @).doc
                             THE SCHOOL DISTRICT OF PALM BEACH COUNTY
                             Addendum #5 to Superintendent Employment Contract



This Addendum #5 entered into this                $9
                                             day of                    (i!jr;i
                                                               , 2001, by and between the
School Board of Palm Beach County, Florida (hereina er referred to as the "Board") and
Arthur Johnson, Ph.D., the Superintendent (hereinafter referred to as the "Superintendent"),
stipulate and agree to the below-noted changes to the original Superintendent Employment
Contract of April 2001, as amended by the Addendum #1 dated April 29, 2002, the
Addendum #2 dated September 15, 2003, and the Addendum #4 dated May 17, 2006
(hereinafter collectively referred to as the "Contract"). The parties acknowledge that
Addendum #3 dated April 29,2004 was voided by Addendum #4.

CHANGES MADE TO THE CONTRACT ARE AS FOLLOWS:

Term: Paragraph 1.1 of the Contract is amended to provide for a five-year term ending on
      June 30,2012.

All other terms of the Contract remain in full force and effect.

In witness whereof, this Addendum #5 has been executed on the respective dates set forth
below by the parties.



Signature   -                                             WILLIAM G. GRAHAM, CHAIRMAN




                                                          DATE:
                                                                                                    I


                                                                    ATTORNEY APPROVAL:

signature

                                                          TO THE SCHOOL BOARD

Printed Name




                                                      hltemet Files\OLKS\Addendum 5 Supt 04-24-071.doc
C?\Documentsand Settings\tloydd\Local Settings\Tempo~a~y
                           THE SCHOOL DISTRICT OF PALM BEACH COUNTY
                           Addendum #4 to Superintendent Employment Contract



This Addendum #4 entered into this 17th day of May, 2006, by and between the School
Board of Palm Beach County, Florida (hereinafter referred to as the "PBCSB") and Arthur
Johnson, Ph.D., the Superintendent (hereinafter referred to as the "Superintendent"), stipulate
and agree to the below-noted changes to the original Superintendent Employment Contract of
April 2001, as amended by the Addenda dated April 29, 2002 and September 15, 2003,
(hereinafter collectively referred to as the "Contract"). Addendum #3 dated April 29,2004 is
voided and this Addendum supercedes its provisions.

CHANGES MADE TO THE CONTRACT ARE AS FOLLOWS:

1.       Term: Paragraph 1.1 of the Contract is amended to provide for a five-year term until
         June 30,201 1.

2.       Annual Base Salarv: The first sentence of Paragraph 3.1 of the Contract is deleted
         and replaced by the following:

                  "The Superintendent shall be paid an annual base salary in the sum
                  of $250,000 with an additional amount in deferred compensation
                  of $50,000 per year, for a total amount of $300,000 per year
                  effective upon the execution of this Contract."

3.      Performance Incentive Pay: Paragraph 3.2 of the Contract is deleted in its entirety
        and replaced as follows:

                 "The Superintendent may earn performance incentive pay which
                 shall specifically be restricted to and based upon the school
                 district's achievement of the goals and objectives as established by
                 PBCSB. Such goals and objectives shall include, without
                 limitation, the Superintendent's achievement of the performance
                 objectives, which will be determined by the PBCSB by July 1,
                 2006. The decision as to whether the Superintendent is entitled to
                 performance incentive pay under this Contract shall entirely be
                 within the determination and discretion of PBCSB. During the
                 term of this Contract, the potential amounts that may be paid to the
                 Superintendent as performance incentive pay shall not exceed 15%
                 of base salary. Any performance incentive pay provided to the
                 Superintendent shall not increase the Superintendent's base rate of
                 pay, and includes no commitment for payment in any subsequent
                 contract. Based upon the foregoing, Section 121.021(24) and (47),
                 Florida Statutes, precludes PBCSB fiom making retirement


S:\Public\DLLARD\Contracts\Addendum Superintendent Y Apr 04.doc
                                  to
                  contributions to the Florida Retirement System based upon any
                  performance incentive pay.

All other terms of the Contract remain in full force and effect.

In witness whereof, this Addendum #4 has been executed on the respective dates set forth
below by the parties.


WITNESSES:                                            SCHOOL BOARD OF PALM BEACH COUNTY, FL




                                                      DATE:
Printed Name

   A @lL-d&--
signa5e
                              ~/&@
                                                      TO THE SCHOOL BOARD

Printed Name                                          DATE:      5 / 0 7 3/06




                               to Superintendent K, Apr 04.doc
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                             THE SCHOOL DISTRICT OF PALM BEACH COUNTY
                             Addendum # 3 to Superintendent Employment Contract



This Addendum Agreement # 3 entered into this 29th day of April, 2004, by and between the
School Board of Palm Beach County, Florida (hereinafter referred to as the "PBCSB") and
Arthur Johnson, Ph.D., the Superintendent, (hereinafter referred to as the "Superintendent")
stipulates and agrees to the below-noted changes to the original Superintendent Employment
Contract of April 2001, as amended by the Addendums dated April 29,2002 and Addendum
# 2, (hereinker collectively referred to as the "Contract").

CHANGES MADE TO THE CONTRACT ARE AS FOLLOWS:

1.       Term: Paragraph 1.1 of the Contract is amended to provide for a three-year term until
         June 30,2007.

2.       Annual Base Salaw: The first sentence of Paragraph 3.1 of the Contract is deleted
         and replaced by the following:

                   "The Superintendent shall be paid an annual base salary in the sum
                   of $195,000 effective upon the execution of this Contract."

3.       Performance Incentive Pay: Paragraph 3.2 of the Contract is deleted in its entirety
         and replaced as follows:

                  "The Superintendent may earn performance incentive pay which
                  shall. specifically be restricted to and based upon the school
                  district's achievement of the goals and objectives as established by
                  PBCSB. Such goals and objectives shall include, without
                  limitation, the Superintendent's achievement of the performance
                  objectives, which will be determined by the Board by July 1,2004.
                  The decision as to whether the Superintendent is entitled to
                  performance incentive pay.under this Agreement shall entirely be
                  within the determination and discretion of pBCSB. During the
                  term of this Agreement, the potential amounts that may be paid to
                  the Superintendent as performance incentive pay shall not exceed
                  15% of base salary. Any performance incentive pay provided to
                  the Superintendent shall not increase the Superintendent's base rate
                  of pay, and includes no commitment for payment in any
                  subsequent contract.       Based upon the foregoing, Section
                  121.02l(24) and (47)' Florida Statutes, precludes PBCSB fi-om
                  making retirement contributions to the Florida Retirement System
                  based upon any performance incentive pay.



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All other terms of the Contract remain in full force and effect.

In witness whereof, this Addendum Agreement # 3 has been executed on the respective dates
set forth below by the parties.


                                                                              M BEACH COUNTY



                                                                      H CHAIRMAN




                                                         ATTORNEY APPROVAL:




Printed Name                                             DATE:




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                                to
                    THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
                    Addendum # 2 to Superintendent Employment Contract
    BEACH CO
                                                            /
    This Addendum Agreement # 2 entered into this          /5  day of September, 2003, by
    and between The School Board of Palm Beach County, Florida (hereinafter referred to
    as the "PBCSB) and Arthur Johnson, Ph.D., the Superintendent (hereinafter referred
    to as the "Superintendent"), stipulates and agrees to the below-noted changes to the
    original Superintendent Employment Contract of April, 2001, as amended by the
    Addendum Agreement dated April 29, 2002 (hereinafter referred to as the "Contract")
,   between them, as this Addendum Agreement # 2 reduces to writing the action taken by
    the PBCSB on a t a Special Board Meeting on August 18,2003.

    CHANGES MADE TO THE CONTRACT ARE AS FOLLOWS:

    Termination Without Cause. The first sentence of Paragraph 6.1 of the Contract is
    hereby deleted, and in lieu thereof is inserted the following as the first sentence:

               "PBCSB may remove the Superintendent from office at any time during
               this Agreement without any reason with ninety (90) days' notice, upon a
               vote of a supermajority of the PBCSB (at least five Board members)."

     l
    Al other terms of the Contract, as amended by Addendum Agreement dated April 29,
    2002, remain in full force and effect.

    In witness whereof, this Addendum Agreement # 2 has been executed on the respective
    dates set forth below by the parties.

    WITNESSES:                                     THE SCHOOL BOARD OF PALM




      b   T c ~ c eRen:nn+;                        DATE:
                                                                         .
                                                                         .   .




Printed Name
                         THE SCHOOL DISTRICT OF PALM BEACH COUNTY
                         Addendum to Superintendent Employment Contract



This Addendum Agreement entered into this         a           / -/
                                               day of 6 2 0 0 2 , by and between the
School Board of Palm Beach County, Florida (hereind6er referred to as the "PBCSB")
and Arthur Johnson, Ph.D., the Superintendent, (hereinafter referred to as the
"Superintendent") stipulates and agrees to the below-noted changes to the original
Superintendent Employment Contract of April 2001 (hereinafter referred to as the
"Contract") between them, which reduces to writing the actions taken by the PBCSB on
February 11,2002.

CHANGES MADE TO THE CONTRACT ARE AS FOLLOWS:

    1. Term: Paragraph 1.1 of the Contract is amended to provide for an additional
       three-year term until June 30,2005.

        Delete Paragraph 1.2.

    2. Termination Without Cause: Paragraph 6.1 of the Contract is amended by
       deleting its first sentence and in lieu thereof inserting the following as the first
       sentence:

        PBCSB may remove the Superintendent from office at any time during this
        Agreement without any reason with ninety (90) days notice, upon a vote of a
        simple majority of the PBCSB.

    3. Termination Compensation:         Paragraph 6.2 of the Contract is amended by
        deleting its first two sentences and in lieu thereof inserting the following as the
        first sentence:

        In the event that the Superintendent is willing and able to perform his duties under
        this Agreement and his employment is terminated by PBCSB pursuant to Section
        6.1, PBCSB agrees to pay the Superintendent his salary for the next six (6)
        months of the Agreement or for the remaining term of this Agreement, whichever
        period of time is less (L'post-employment term").




S:Wublic\Debbie\Contracts\Addendumto Superintendent Contract.doc
 All other terms of the Contract remain in full force and effect.

 In witness whereof, this Addendum has been executed on the respective dates set forth
 below by the parties.
 WITNESSES:                                    PALM BEACH COUNTY SCHOOL BOARD



,"Signature
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 siv~&
 Printed Name




Printed Name

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   ,
Signature




                                               ATTORNEY APPROVAL




                                                       SCHOOL B0,ARD

                                               DATE:                    0%-




                                 to
S:Wublic\Debbie\Contracts\Addendum Superintendent Contract.doc
       THIS AGREEMENT (Contract) is entered into this        day of      /+'(/
                                                                           ,2001, by and
between the School Board of Palm Beach County, Florida (the "Board" and Art Johnson, (the
"Superintendent").

                                    WITNESSETH:

      WHEREAS, the Board is responsible for retaining a Superintendent of Schools for the Palm
Beach County Public Schools; and

        WHEREAS, at a meeting of the Board on February 21, 2001, the Superintendent was
offered employment as Superintendent of the School District of Palm Beach County; and,

       WHEREAS, the Superintendent has agreed to be employed by the Board in such capacity,
and on the terms and conditions provided herein, giving his time, energy and ability to the
hrtherance of the goals and mission of the School District of Palm Beach County, Florida;

        WHEREAS, the Palm Beach County Schools System is governed by the following guiding
principles:
              An educated citizenry is essential to a democratic and prosperous society in the
              contemporary world.
             All children possess the potential to learn and become productive citizens.
             Palm Beach County's school system must provide the opportunities and resources
             necessary for all students to learn.
             Quality in Palm Beach County's educational system is best assured by teachers and
             educational administrators who meet rigorous professional standards.
             Continuous professional growth is the key ingredient for sustaining school
             improvement.
             Schools should be viewed as complex systems, not as a collection of classrooms.
             The core responsibility of educational administrators is to develop with colleagues
             quality learning environments for students, facilitating teaching processes that are
             dynamic and interactive.
             Parental and community involvement add value to school planning, resource
             acquisition, and evaluation.
             Effective leadership is collaborative, utilizing the talents of faculty and other
             stakeholders.
             Leaders demonstrate a personal and professional code of ethics that guide actions.
             Educational administrators are accountable for student learning and welfare.
             Educational administrators are responsible for planning and pursuing their own
             professional gowth.
      NOW, THEREFORE, in consideration of the promises and the mutual agreements
      contained herein, the Board and the Superintendent herein agree as follows:

               TERM.
      1.1      The Board, by and on behalf of the School District of Palm Beach County
               ("PBCSB"), hereby employs the Superintendent as Superintendent of Schools, and
               the Superintendent hereby accepts and agrees to such employment, for a term
               commencing March 28,200 1 and ending June 30,2NQ.

      1.2      The Board shall notify the Superintendent on or before April 1,2NQ of its intent to
               re-employ him for an additional period of time either as the Superintendent of
               Schools or in any other capacity.

1.
 1             DUTIES.
                                                 . .
                                         ce O b m . The Superintendent shall submit written
            recommended annual performance objectives to PBCSB for each year of this
            Agreement. Such performance objectives shall be submitted no later than June 1,
            2001 to establish the Superintendent's performance objectives for the following
            Twelve (12) Months of the first year and all subsequent years of this Agreement by
            August 15. The parties may hereafter mutually agree to alter these submittal dates.
            These performance objectives shall be based upon the duties contained in this
            Agreement and those performance objectives mutually identified as appropriate by
            PBCSB and the Superintendent. In the event of disagreement upon the adoption of
            specific performance objectives, the decision of a majority of PBCSB shall be final.

     2.1.2 Scheduling of performance objectives meeting. The Superintendent shall make all
           necessary.preparations for and request the scheduling of a School Board meeting on
           or before June 1,2001 to establish the Superintendent's performance objectives for
           the following Twelve (12) Months of the first year and all subsequent years by
           August 1,2001. The parties may hereafter mutually agree to alter the date by which
           such School Board meetings shall be scheduled.

     2.2    Responsibilities, Duties and Functions. The Superintendent is the Chief Executive
            Officer of the School District and shall faithhlly perform the duties, mmhang
                                                                                     ..
                                             tdns-
                                     est of suet&
                          . .                  .         . -
            9                                       -   7
                                                                         The Superintendent's
            responsibilities, duties and functions shall include, but not be limited to, the
            following:

       2.2.1    Serving as the Chief Executive Officer of the school district in accordance with
                state law and district policies. All powers and duties necessary to the efficient
                management and administration of the school district shaIl be delegated to the
          Superintendent to the full extent permitted by law;

 2.2.2    Working with PBCSB, school district personnel, parents and the public to develop
          short and long-range goals with clear criteria for determining effective
          achievement and evaluating outcomes;

 2.2.3    Representing the interests of PBCSB and the school district in day-to-day contact
          with parents, other citizens, the community and other governmental agencies;

 2.2.4   Providing leadership, guidelines and directions to ensure implementation of
         PBCSB's policies relating to facilities, cumculurn, instruction, student services,
         personnel, budget and business affairs;

 2.2.5   Reporting information and analyses regularly to PBCSB regarding student
         achievement and test scores;

2.2.6    Reviewing all polices adopted by PBCSB and making appropriate
         recommendations to PBCSB for revisions, additions, deletions and modifications
         to such policies;

2.2.7    Evaluating employees directly accountable to the Superintendent and overseeing
         the evaluation of other employees in accordance with Florida law, State Board
         of Education Rules, and the policies adopted by PBCSB;

2.2.8 Providing leadership and direction in planning and financins the maintenance of
      existing schools and to meet the growth needs of Palm Beach County with new
      schools;

2.2.9    Advising and making recommendations to PBCSB regarding possible sources of
         funds that may be available to implement present or contemplated district
         programs;

2.2.10 Maintaining and improving his professional competency by all available means
       including, without limitation, reading appropriate periodicals and joining andfor
       participating in appropriate professional associations and their activities.

2.2.11 Establishins and maintaining an effective community relations program including
       effective relationships with the media;

2.2.12 Communicating openly, systematically and in a timely nlanner ivith PBCSB,
       district staff and the community and to promptly inform PBCSB of critical issues
       or incidents;

2.2.13 Providing educational leadership to ensure q~:alityteaching and learning;
       2.2.15 Performing such other duties, responsibilities and hnctions as assigned or
              required by PBCSB.

 2.3      The Superintendent shall be permitted to undertake writing, teaching, and speaking
          engagements, provided that these activities do not interfere with the performance of
          his duties as Superintendent. Any consulting work undertaken by the Superintendent
          for compensation must be accomplished on the Superintendent's vacation days,
          holidays, or other non-duty days. The Superintendent shall notifj the Board prior to
          any leave.

2.4      The Superintendent agrees to take the Oath of Office as prescribed by the Florida
         Constitution. The Superintendent agrees to undertake a pre-employment medical
         examination as required by School Board Policy. Any medical reports furnished to
         the Chairman of the Board pursuant to this section shall be treated as confidential as
         permitted by Florida Statute $23 1.29 1. Furthermore, nothing in this Section shall be
         administered or used in violation of the Americans with Disabilities Act or any other
         anti-discrimination laws. The pre-employment physical will be conducted by a
         physician licensed to practice medicine in all branches, and chosen by the School
         Board. The cost of the preemployment physical shall be borne by the District.



         For all services rendered by the Superintendent pursuant to this Contract, the Board
         shall pay to and provide to the Superintendent the salary, deferred compensation and
         other benefits as described in this Contract.

3.1      Annualase S    -
                        .      The Superintendent shall be paid an annual base salary in the
         sum of $156,279.00, effective upon the execution of this Contract. Said base salary
         shall be paid pro rata over the term of this Agreement in accordance with the
         standards of payment of compensation to administrative staff of PBCSB.

                    nce lncentlve Pay. The Superintendent may earn performance incentive
         pay which shall specifically be restricted to and based upon the school district's
         achievement of the goals and objectives as established by PBCSB. Such goals and
         objectives shall include, without limitation, the Superintendent's achievement of the
         performance objectives set forth in this Agreement in Exhibit ''.AW. The decision as
         to whether the Superintendent is entitled to performance incentive pay under this
         Agreement shall entirely be within the determination and discretion of PBCSB.
         During the term of this Agreement, the potential amounts that may be paid to the
         Superintendent as performance incentive pay shall not exceed 100 percent (100%) of
         base salary. Any performance incentive pay provided to the Supzrintendent shall not
         increase the Superintendent's base rate of pay, and includes no commitment for
         payment in any subsequent contract. Based upon the foregoing. Section 12 1.02 l(23)
         and (47), Florida Statutes, precludes PBCSB from making retirement contributions
             to the Florida Retirement System based upon any performance incentive pay.

 3.3        The District shall pay or reimburse the Superintendent for reimbursable expenses
            incurred by the Superintendent in the continuing performance of the Superintendent's
            duties under this Contract. The District agrees to pay the Superintendent for travel;
            such costs may include, airline tickets, hotels and accommodations, meals, rental car
            and other expenses incurred in the performance of the business of the District in
            accordance with School Board Policy and Fla. Stat. $112.061.

 3.4        c.
             The Superintendent shall h s h his own
            transportation in the performance of hisher duties as Superintendent of Schools in
            Palm Beach County, Florida. The Superintendent shall receive a monthly car
            allowance in the amount of $750.00.

35
 .          lkkphme. The District will also provide the Superintendent with a cellular car
            telephone andfor portable cellular telephone for School Board business at District
            expense, which would include all monthly or recurring charges incurred in the course
            of District business. The Superintendent shall remain responsible for all personal
            calls associated with the use of the cellular telephone.

3.6         The Board shall reimburse the Superintendent for:

            A.     Reasonable expenses incurred by him in connection with and during the
                   course and scope of his duties and obligations pursuant to this Contract,
                   including travel expenses, in accordance with Section 112.061, Florida
                   Statutes, Board policy, or this contract;

            B.     The costs and expenses incurred for professional growth and development
                   activities; and

            C.     $500.00 per month for business-related expenses reasonably incurred in the
                   performance of his duties and obligations pursuant to this contract that
                   otherwise are not required by law or District policy to be reimbursed.

3.7     For each year of the Contract, the Board shall provide life insurance and other flexible
        benefits which the Superintendent elects for him and his family from the District's
        benefit program which is available to all administrative employees. The Board shall
        contribute a sum for additional investment and insurance coverage for the
        Superintendent as follows:

        1
       - .         m. Board at its expense shall provide insurance on the
                    The
                   Superintendent's life in the face amount of S200,000.00 payable to the
                   Superintendent's designated beneficiary.

       B.         .- .   ..                The Board shall make available to the Superintendent
                   disability insurance coverage equal to sixty (60%) percent of
                   Superintendent's base salary, during the year this Contract is in force. Such
                   policy shall have a waiting period of 180 days at which time we would self-
         insure.

  Housing.. NIA.

 wand
  The District shall provide for a personal computer
 system, software, modem, internet connection, telephone lines, laser printer and fax
 machines to be installed and maintained for the Superintendent's business use in the
 home of the Superintendent

 Vacationand terms of employment under this Contract, the
         During the
 Superintendent shall be entitled to accrue vacation leave at the rate of 1-112 days per
 month The vacation days taken by the Superintendent will be taken at such time or
times as will least interfere with the performance of the Superintendent's duties as
set forth in this Contract. The Superintendent shall observe the same legal holidays
as those observed by other 12 month administrative employees. Upon any
termination of this Contract, the Board shall pay the Superintendent for all vacation
days accumulated. All of such vacation days shall be valued only for terminal pay
purposes at the per diem rate applicable to the Superintendent's annual base salary
using the latest accrued days first. The daily rate for the Superintendent shall be
calculated following the same calculation as other 12 month administrative
employees. The Superintendent shall noti@ the Board prior to taking any leave.

       1,eave. The Superintendent shall have the same sick leave benefits as
authorized by Board policy as other 12 month administrative employees. Any unused
sick leave days shall accumulate. Upon any termination of this Contract, the Board
shall pay the Superintendent for all leave accrued but unused at that time at the daily
rate as set forth above and in accordance with state law. All leave earned by the
Superintendent as an employee of the Board shall be valued only for terminal pay
purposes at the per diem rate calculated daily rate of pay. The daily rate of pay for
the Superintendent shall be calculated following the same calculation as other 12
month administrative employees.

-The Superintendent shall be entitled to six days per year for personal leave, which
shall not be accumulated from year to year. Utilized personal leave shall be charged
against sick leave.



The Superintendent will participate in the Senior Management Service Class (SMSC)
under FRS.

If the Superintendent does not avail himself of benefits which are available to other
administrative employees, e.g. Health Insurance, the Board shall contribute
S2,400.00 into a TSA. for the use and benefit of the Superintendent, up to the
~naximum   allowed by IRS code.

The Board encourages the continuing professional growth of the Superintendent
                   through his participation, as he might decide in light of his responsibilities as
                   Superintendent in the operation, programs and other activities conducted or
                   sponsored by local, state, and national school administrator and school boards
                   associations; seminars and courses offered by public or private educational
                   institutions; informational meetings with other persons whose particular skills or
                   backgrounds would serve to improve the capacity of the Superintendent to perform
                   his professional responsibilities for the Board, and visits to other institutions.

                   In its encouragement, the Board shall approve a reasonable amount of release time
                   for the Superintendent, as he deems appropriate, to attend to such matters and to
                   reimburse the Superintendent for travel in accordance with Fla. Stat. $112.061.

       3.17    The Superintendent may attend all appropriate professional meetings at the local,
               state and national levels. The expenses of said attendance to be incurred by the Board
               in accordance with the laws of the State of Florida and Fla. Stat. $112.061. The
               Board agrees to pay dues to the American Association of School Administrators,
                                                                         and Florida Association of
               School Administrators on behalf of the Superintendent. Furthermore, the School
               Board agrees to pay the reasonable cost of the Superintendent's subscription to
               professional journals.

      3.18     The Superintendent shall remain liable for any and all tax liabilities as a result of the
               benefits received herein. The Superintendent represents that he has sought competent
               legal advice, and is advised that he is responsible for any and all tax liabilities as a
               result of the benefits and compensation received herein.

IV.            lxauxmm.
      4.1            v l .
               E a uPBCSB shall provide the Superintendentperiodic opportunities
               to discuss Superintendent-Board relationships and shall inform the Superintendent
               from time-to-time of any inadequacies in such relationships perceived by PBCSB.
               PBCSB shall also advise the Superintendent in writing from time-to-time of those
               areas of the Superintendent's performance deserving of commendation and accolades.
               Evaluations of the Superintendent's job performance shall be based upon the
                                                          . .
               Superintendent mssl recent job descnptmn, the powers and duties of a
               Superintendent of Schools as described in Florida Statutes (as amended), the
               performance objectives established under this Agreement, the Superintendent's
               management of the school district, the Superintendent's working relationship \i.ith
               PBCSB, and the contractual expectations of PBCSB.

      4.2     .-                     The Superintendent and PBCSB shall mutually develop a11
               evaluation format and an evaluation form acceptable to both parties for use in the
               evaluation of the Superintendent. The initial evaluation form shall be approved by
               PBCSB before June 1,2001.

      4.3                  of W     r      -    . PBCSB shall providcYa ~vrittenevaluation to
               the Superintendent at least once a year and shall thereafter meet with the
        Superintendent to discuss the evaluation. If other evaluations are deemed warranted
        by PBCSB, then such evaluations shall be performed by August 15 of each year. In
        the event that a majority of the members of PBCSB determine the performance of the
        Superintendent to be unsatisfactory, PBCSB shall specify in writing and in
        reasonable detail the unsatisfactory performance indicating specific instances where
        appropriate. The evaluation shall include recommendations for improvement in all
        areas in which PBCSB determines the Superintendent's performance to be
        unsatisfactory or in need of improvement. The Superintendent shall have the right to
       submit to PBCSB written andlor oral response to the evaluation. In the event of a
       determination by PBCSB of unsatisfactory performance, PBCSB may establish a
       probationary period of not less than four (4) nor more than six (6) months. At the end
       of such probationary period, PBCSB shall reevaluate the performance of the
       Superintendent. If, upon reevaluation, a majority of PBCSB's members determine
       that the performance of the Superintendent continues to be unsatisfactory, PBCSB
       may, in its sole discretion, extend the probationary period or initiate the procedures
       set forth in Section 6.1 of this Agreement.

 4.4    Evaluation Timelines. The Superintendent is responsible for advising PBCSB of the
       appropriate evaluation timelines and to schedule the meetings required to complete
       the evaluation process in a timely manner. The Superintendent's failure to meet this
       responsibility will constitute the Superintendent's waiver of the termination notice
       requirement contained in this Agreement and the Superintendent's waiver of all rights
       to any separation benefits pursuant to this Agreement.



5.1                               Cooperation. The Superintendent shall work with PBCSB
       to develop and maintain a spirit of cooperation and teamwork in which PBCSB will
       accept responsibility for formulating and adopting policy and for acting upon matters
       requiring PBCSB's corporate action pursuant to Florida law.

5.2               a t ~ v e AulhmiQ. PBCSB shall .delegate to the Superintendent
       administrative responsibility and commensurate authority for administering the
       public school system to the extent permitted by Florida law.

5.3    PBCSB is a Callective Body. PBCSB acknowledges that it is a collective body.
       Each Board Member acknowledges that herhis power as a Board Member is deriixd
       from the collective deliberation and action of PBCSB as a whole taken in a
       duly-constituted public meeting and that no Board Member has individual authority
       to give direction to the Superintendent or any district staff member regarding the
       management of the school district or the solution of specific problems.

5.4          ral of Issues to S u p e r h k d m t . It is agreed that PBCSB and its individual
       Board members will promptly refer to the Superintendent all material criticisms,
       complaints and suggestions brought to their attention for his investigation and
       appropriate action.
      5.5                .
              5 that PBCSB shall invite the
               It is agreed
              Superintendent to all executive and closed session meetings.

VI.                          ON QFT
                                  -                       CONTRACT.

      6.1                                      .
                        on W ~ t h o u t PBCSB may remove the Superintendent from office
             at any time during this Agreement without any reason after the first year of the
             Agreement, with ninety (90) days notice, upon a vote of a two-t-
                                        . Nothing in this Agreement shall prevent PBCSB from
             exercising its discretion to terminate this Agreement and the services of the
             Superintendent as stated in this paragraph. The Superintendent expressly waives any
             right he might otherwise have to reasons for his termination, prior notice andtor a
             hearing in connection with the termination of his employment, except as expressly
             provided in this Agreement.

  6.2
              . .
             Termrnatlon and able
                  In the event that the Superintendent is willing
             to perform his duties under this Agreement and his employment is terminated by
             PBCSB pursuant to Section 6.1 -ear                     o f,
                                                                       -                 PBCSB
            agrees to pay the Superintendent his salary for the next twelve (12) months of the
            Agreement or for the remaining term of this Agreement, whichever period of time
            is less ("post-employment term"). [f ter-on
                                                          . . o f this Agreement occurs
                        to Section 6.1 @er the f i r s t ' B agrees to pa-v the
                        dent-for          niue@ (90)             In addition to such termination
            compensation, PBCSB shall also pay the Superintendent for his accrued,
            accumulated and unused sick leave and vacation days at the appropriate per diem rate
            subject to state law and PBCSB policy. All compensation paid by PBCSB to the
            Superintendent under the provisions of this Section shall be considered liquidated
            damages.

 6.3        Notice o f termination. In the event that PBCSB terminates the Superintendent's
            employment pursuant to Section 6.1, PBCSB agrees to provide the Superintendent
            written notice prior to the date this Agreement is to be terminated.

 6.4                         o r CW. The Superintendent may be dismissed for cause from his
            employment for conduct which is seriously prejudicial to PBCSB or the school
            district including, without limitation, neglect of duty, breach of contract, violation
            of the Code of Ethics applicable to members of the teaching profession in Florida,
            or for "just cause" as determined by Section 23 1.36, Florida Statutes (as amended).
            Notice of termination for cause shall be given in writing and the Superintendent shall
            be entitled to such due process rights as provided by state law and PBCSB policy. In

            such event, the Superintendent's term of office shall immediately cease. If terminated
            pursuant to this section, the Superintendent shall be ineligible for any other
            compensation or benefits including, without limitation, any payments provided for
            by Section 6.2 of this Agreement. However, the Superintendent would be entitled
            upon termination pursuant to this section to payment for his accrued, accumulated
            and unused vacation days.
             . .
      6.5                .
            3 of termination of this .Agreement,
                 111 the event
            the Superintendent's medical insurance will be treated in accordance with any federal
              and state laws and regulations in effect at the time of such employment.

       6.6    Reassignment by PBCSB. The Superintendent shall not be reassigned to another
              position by PBCSB without his written consent.
                                        .
       6.7 S u D e r i n t e n d e n t ' s t o P e r f o r m . In the event that the Superintendent
            becomes unable to perform any or all of his duties under this Agreement due to
             illness, accident or other cause beyond his control and if said inability continues for
            a period of more than thirty (30) consecutive days, PBCSB may, in its sole
            discretion, appoint an Acting Superintendent to hlfill the duties and responsibilities
            of the superintendent under this Agreement. If such disability continues for more
            than one hundred eighty (180) consecutive days, PBCSB may, in its sole discretion,
            terminate this Agreement whereupon the respective duties, rights and obligations of
           the Parties hereto shall terminate including any obligations for severance pay
           contained in Section 6.1 hereto. In the event of termination due to disability, the
           Superintendent shall continue to receive the salary and benefits provided in this
           Agreement for a period of ninety (90) days fiom the date the Superintendent becomes
           disabled. PBCSB's decision and determination as to the disability of the
           Superintendent shall be final and shall be based upon the opinion of a properly
           licensed medical doctor. The Superintendent hereby consents to any medical
           examination requested by PBCSB under this provision. The thirty-day and
           ninety-day period(s) specified in this Section shall begin only after the exhaustion of
           any accrued sick leave and vacation days available to the Superintendent under this
           Agreement.

 6.8                   .
             8 at any time elect to resign his position,
              If he should
             the Superintendent agrees to provide PBCSB not less than ninety (90) days prior
             written notice of such resignation. Following the delivery of


             &ctive. Such written resignation shall become effective on the 90th day after its
             delivery to PBCSB and shall become final. Without regard to whether it was
             accepted or not by PBCSB, such written resignation may not be withdrawn or
             revoked by the Superintendent without the consent and agreement of PBCSB. All
             salaries, annuity payments, vacation time, sick leave, and other emoluments and
             benefits which are or would be payable or accrue to the Superintendent under this
             Agreement shall be equitably prorated as of the effective date of the resignation.

6.9              er e m p h p m m t . The Superintendent shall provide PBCSB not less than three
             (3) months notice in the event that he elects to terminate this Agreement. The
             Superintendent shall also notify PBCSB in writing at the time he intends to apply for
             another position or at the time he is infom~ed he is being considered for another
                                                           that
             position. Unless the Parties agree othenvise, the Superintendent agrees that he will
             not be interviewed for or seek employment with any other public or private school
             district or educational entity, except the Superintendent shall be permitted to apply
             for and accept employment as an adjunct professor at the post-secondary level and
             above. Failure of the Superintendent to abide by this provision will constitute a
             breach of contract for which the Superintendent may be tenninated for cause. Under
             such termination, the Superintendent will receive no termination compensation
             pursuant to Section 6.1.
VII.      MISCELLANEOUS.

   7.1    Performance.This Contract shall be governed by the laws of the State of Florida,
          and it shall be performed in Palm Beach County, Florida unless otherwise provided
          by law.

          Indemnification. The Board agrees that it shall defend, hold harmless and indemnify
          the Superintendent from any and all demands, claims, suits, actions and legal
          proceedings brought against the Superintendent in hisher official capacity andlor
          individual capacity made by third parties asserting liability because of acts
         committed within the Superintendent's scope of employment. The Board may refuse
         to indemnify the Superintendent for those actions brought against the Superintendent
         in hisher individual capacity if the Board deems that the Superintendent has acted
         outside the scope of hisher employment or in those actions which could result in
         punitive damages or criminal penalties against the Superintendent.The School Board
         reserves the right to approve the Superintendent's counsel in those instances in which
         the Superintendent is entitled to indemnification.

  7.3    This Contract embodies the entire agreement between the parties, and except as
         previously provided herein, it cannot be varied except by written agreement of the
         parties.

  7.4.   Provisians. In the event any one or more of the provisions contained in this Contract
         shall, for any reason be held to be invalid, illegal or unenforceable, such invalidity,
         illegality or unenforceability shall not affect any other provisions thereof, and this
         Contract shall be construed as if such invalid, illegal, or unenforceable provisions had
         never been contained herein This Contract constitutes the entire ageement between
      the parties unless amended pursuant to the terms of this Contract.

 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at the
 place and as of the respective dates set forth below.


 WITNESSES:                                   PALM BEACH COUNTY SCHOOL




 &annp/~.                                    DATE:
 Printed Name


        /'d*/   F   L & m
Signature

                .   %Lf/7   d
Printed Name



+lf
Signature

                                            DATE:         W    Y    ~      ]   ~ I /   O
Printed Name



Signature


Printed Name
PERFORMANCE STANDARDS:

TO BE DETERMINED BY PBCSB

				
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