DeKalb County Superintendent Draft Contract

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    PRELIMINARY DRAFT (SUBJECT TO BOARD APPROVAL)EMPLOYMENT CONTRACT BETWEEN DR. CHERYL L. H. ATKINSON

    ANDDEKALB COUNTY BOARD OF EDUCATION FOR 2011 2014

    This Employment Contract (Contract) is made and entered into this _____ day of

    August, 2011 (Effective Date), by and between DR. CHERYL L. H. ATKINSON

    (SUPERINTENDENT or DR. ATKINSON) and the DEKALB COUNTY BOARD OF

    EDUCATION (BOARD), the governing body of the DeKalb County School District

    (District), a political subdivision of the State of Georgia (the BOARD and the

    SUPERINTENDENT may be referred to collectively in this Contract as the PARTIES).

    WHEREAS, the BOARD seeks to employ a Superintendent for DeKalb County School

    District; and

    WHEREAS, DR. ATKINSON seeks to be employed as Superintendent of DeKalb

    County School District; and

    WHEREAS, DR. ATKINSON has agreed to accept such employment pursuant to the

    terms of this Contract; and

    WHEREAS, the BOARD has caused this Contract to be approved at a public meeting in

    the manner required by law;

    NOW, THEREFORE, in exchange for the mutual promises contained herein and other

    good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,

    the BOARD and the SUPERINTENDENT hereby agree as follows:

    1. TERM OF EMPLOYMENT. The BOARD hereby employs the

    SUPERINTENDENT, and the SUPERINTENDENT hereby accepts employment with the

    BOARD, as Superintendent of Schools for the District, for a term of three (3) years,

    commencing on September 15, 2011, and ending on September 14, 2014 (Initial Term). The

    BOARD may, by specific action and with the consent of the SUPERINTENDENT, extend the

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    above termination date of this Contract to the full extent permitted by state law. Any such

    extension, which for purposes of this Contract or any amendment is defined as the Subsequent

    Term, will be in writing and signed by the BOARD and the SUPERINTENDENT.

    2. DUTIES AND RESPONSIBILITIES.

    A. CERTIFICATION AND LEGAL REQUIREMENTS. The

    SUPERINTENDENT shall hold and maintain a valid and appropriate certificate issued by the

    Professional Standards Commission of the State of Georgia and shall otherwise meet all the

    requirements for a Superintendent as set forth in O.C.G.A. 20-2-101 et. seq. and in any

    applicable BOARD policy in existence on the Effective Date of this Contract, or adopted at any

    time thereafter. In addition, the SUPERINTENDENT shall submit to a pre-employment

    medical examination by a licensed physician selected by the BOARD, which is consistent with

    the requirements for such pre-employment medical exams under the Americans with Disabilities

    Act, 42 U.S.C. 12101, et. seq., as amended (ADA). The results of the examination shall be

    shared with the BOARD in a narrative report from the examining physician certifying the

    SUPERINTENDENTs ability to perform the duties and responsibilities of the position of

    Superintendent of Schools for the District. Any specific test results will not be released to the

    BOARD. To the extent DR. ATKINSON is found unable or unqualified to perform the duties

    and responsibilities of the position of Superintendent of Schools for the District as a result of the

    pre-employment medical exam, this Contract shall automatically be null and void, and neither

    the BOARD norDR. ATKINSON will have any obligations to the other party hereunder.

    B. DUTIES. The SUPERINTENDENT shall have charge of the

    administration of the District under the direction of the BOARD. She shall be the Chief

    Executive Officer of the BOARD; shall direct the teachers and other employees of the BOARD;

    shall organize, reorganize and arrange the administrative and supervisory staff, including

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    instruction and business affairs as best serves the District, subject to the approval of the

    BOARD; shall select and assign all personnel, subject to the approval of the BOARD; shall from

    time to time suggest policies, rules, and procedures deemed necessary for the well ordering of

    the District; shall enforce the policies, rules, and regulations of the State Board of Education, the

    State School Superintendent, and the BOARD; and shall perform such other duties as may be

    required by the Constitution and laws of the State of Georgia or as prescribed by the BOARD

    from time to time. The BOARD, individually and collectively, shall promptly refer all

    criticisms, complaints, and suggestions called to its attention to the SUPERINTENDENT for

    study and recommendation. As provided by O.C.G.A. 20-2-109, Board Policy CE, and as

    set forth herein, this is an agreement for the performance of professional services by the

    SUPERINTENDENT, who shall not be assigned to any other position or have her duties

    reassigned to others without her consent, subject to the terms and conditions of this Contract.

    C. BOARD MEETINGS AND COMMITTEES. The

    SUPERINTENDENT shall have the right to attend all meetings of the BOARD (except any

    executive session at which the BOARD either formulates the SUPERINTENDENTS

    evaluation or discusses the SUPERINTENDENT as a personnel matter), BOARD committees,

    and citizen committees; shall serve as an ex-officio member of all BOARD committees; and

    shall have the right to provide administrative recommendations on each item of business

    considered by each of these groups.

    D. OUTSIDE ACTIVITIES. The SUPERINTENDENT shall devote her

    attention and energy to the business of the District. The SUPERINTENDENT shall not render,

    directly or indirectly, services of a business, commercial or professional nature to any other

    person or organization, whether for compensation or otherwise, without the prior written consent

    of the BOARD. The SUPERINTENDENT, however, may devote up to ten (10) working days

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    per year as a consultant to other school districts or educational agencies, engage in writing

    activities and speaking engagements, and engage in other short-term activities of the

    SUPERINTENDENTS choosing, in consultation with the BOARD. Any such activities that

    will require the SUPERINTENDENT to devote more than three (3) working days in any month

    shall require the prior consent of the BOARD. If the SUPERINTENDENT receives

    compensation or an honorarium for such activities, she shall use vacation time for the activities.

    In no case will the BOARD be responsible for any expenses attendant to the performance of

    such outside activities.

    3. PROFESSIONAL GROWTH OF SUPERINTENDENT.

    A. PARTICIPATION IN PROFESSIONAL, EDUCATIONAL AND

    LEADERSHIP PROGRAMS. In order to encourage the SUPERINTENDENTS continuing

    professional growth, the BOARD shall permit a reasonable amount of release time for the

    SUPERINTENDENT, as she deems appropriate in light of her responsibilities as

    SUPERINTENDENT, to participate in:

    (1) the operations, programs and other activities conducted or sponsored by local,

    state and national school administrator and school board associations;

    (2) seminars and courses offered by public or private educational institutions; and

    (3) leadership, informational and other programs that would promote the

    SUPERINTENDENTS professional growth or otherwise inure to the benefit of

    the District.

    Subject to BOARD approval in advance, the BOARD shall pay the reasonable and necessary

    registration, travel and subsistence expenses incident to such participation.

    B. PROFESSIONAL ASSOCIATIONS. The BOARD shall pay one

    hundred percent (100%) of the membership fees for the SUPERINTENDENTS membership in

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    the American Association of School Administrators, the Georgia Association of School

    Administrators, and such other professional groups that the SUPERINTENDENT deems

    necessary for her professional growth, as permitted by state law and as approved by the BOARD

    in the annual budget.

    4. ANNUAL BASE SALARY. Commencing as of _________, 2011, the BOARD

    shall pay the SUPERINTENDENT an annual base salary of two-hundred and seventy-five

    thousand dollars ($275,000.00) for the term of this Contract. The SUPERINTENDENTS

    annual base salary shall be paid in twelve (12) equal installments on the last day of the month for

    services rendered during the month. At no time shall the SUPERINTENDENTS annual base

    salary be reduced without her express consent.

    5. BENEFITS.

    A. STANDARD BENEFITS. The SUPERINTENDENT shall be entitled

    to the standard package of benefits provided to other twelve-month certified administrative

    District employees, including, but not limited to, medical dental, vision, life, long-term

    disability, and accidental death and dismemberment insurance; any other forms of insurance

    protection provided to twelve-month certified administrative District employees; membership in

    the TRS; paid and unpaid leave; vacation; and any other benefits made available to twelve-month

    certified administrative District employees. Notwithstanding the above, the BOARD will

    provide DR. ATKINSON with a one-time advance of thirty (30) vacation days, beginning on

    __(insert effective date)__________, 2011. Unused sick days may be carried over from year to

    year in the manner provided by Georgia law and Board policy. Carry-over of vacation days shall

    be in accordance with Georgia law and Board policy, except that during this Contract, on

    _____(insert one day before effective date)____ of 2012 and 2013, at the

    SUPERINTENDENTS written request to the BOARD prior to December 1 of the stated years,

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    the BOARD shall buy back up to ten (10) days of the SUPERINTENDENTS unused vacation

    accrued through December 31 of the previous year, at the rate of annual base salary in effect as

    of said December 31. The BOARD encourages the SUPERINTENDENT to use her vacation

    days each year to refresh and reinvigorate herself.

    B. LIFE INSURANCE. In addition to any life insurance coverage included in the

    standard package of benefits provided to other twelve-month certified administrative District

    employees, the BOARD shall pay to provide the SUPERINTENDENT with a term life

    insurance policy in the amount of her annual base salary.

    6. EXPENSES

    A. ROUTINE EXPENSES. The BOARD shall pay the

    SUPERINTENDENT an expense allotment of twenty-six hundred dollars ($2,600.00) per

    month to cover routine expenses incurred in connection with her position, and the

    SUPERINTENDENT shall not be required to submit reimbursement requests for such

    expenses. In addition, the BOARD shall reimburse the SUPERINTENDENT for all other

    reasonable expenses incurred in connection with the performance of her duties, as authorized by

    BOARD policies and as permitted by State or Federal law.

    B. OTHER EXPENSES. In lieu of furnishing DR. ATKINSON with an

    automobile, gas for the automobile, maintenance on the automobile, reimbursement for mileage,

    and insurance for the automobile, the BOARD will provide DR. ATKINSON with a travel

    allowance in the amount of seven-hundred and fifty dollars ($750.00) per month. This travel

    allowance will also compensate DR. ATKINSON for the use of her personal vehicle while

    conducting District business, and as a result, DR. ATKINSON will not receive any additional

    amounts for costs or expenses she incurs related to the use of her personal vehicle in connection

    with her duties and responsibilities under this Contract. The BOARD shall also provide the

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    SUPERINTENDENT with a PDA, home fax machine, office and home internet access, laptop

    computer, and other electronic devices, of the BOARDS choosing, for effective modern

    communication. All maintenance and other monthly or recurring charges for the electronic

    equipment provided pursuant to this paragraph shall be at the expense of the BOARD, and all

    such equipment shall remain the property of the BOARD.

    C. TEMPORARY HOUSING, MOVING, AND RELOCATION

    ALLOWANCE. Upon commencement of services, the SUPERINTENDENT shall be entitled

    to receive an allowance for reasonable and necessary expenses incurred by her in connection

    with her relocation of her residence to DeKalb County, where the SUPERINTENDENT must

    live throughout her employment, including but not limited to, the cost of moving, packing and

    unpacking, and storage costs and transportation expenses for her travel to her former residence in

    Lorain, Ohio and return to DeKalb County. The SUPERINTENDENT will provide the

    BOARD with two (2) credible bids from reputable, nationally certified movers, for a box-to-box

    removal of all her possessions to her new residence in DeKalb County. The BOARD will then

    provide the SUPERINTENDENT with a moving allowance equal to the average dollar value of

    these two credible bids. The BOARD will also provide the SUPERINTENDENT with

    reasonable, temporary housing in the District at a cost not to exceed two thousand dollars

    ($2,000.00) per month, for a period of up to six months (or less) upon being fully moved into a

    permanent residence. Such reimbursements shall be made in a timely manner upon presentation

    of invoices in a form acceptable to the District. The collective total of these reimbursements

    paid to the SUPERINTENDENT pursuant to this paragraph shall not exceed twenty-six

    thousand dollars ($26,000.00). The SUPERINTENDENT shall be responsible for all costs

    incurred by her in excess of this amount.

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    The payments pursuant to this paragraph shall be a one-time-only benefit and

    shall not continue from year to year. Should the SUPERINTENDENT, for any reason (other

    than death, or retirement due to permanent disability, or because of separation by mutual

    agreement in accordance with Section 9A of this Contract) fail to complete the Initial Term, she

    shall be responsible, at the option of the BOARD, for the repayment to the District of the pro

    rata portion of the moving and relocation allowance provided for in this paragraph

    (Reimbursable Moving Expenses). For purposes of calculating the Reimbursable Moving

    Expenses, the pro rata amount shall be calculated by taking the total amount of the allowance

    multiplied by a fraction, the numerator of which is the total number of months left in the Initial

    Term of this Contract and the denominator is 36.

    7. PROFESSIONAL LIABILITY.

    A. INSURANCE AND LIABILITY. The BOARD shall provide the

    SUPERINTENDENT with insurance coverage or a contract of indemnity in the same amount as

    is provided to members of the BOARD, insuring or indemnifying the SUPERINTENDENT

    against damages arising out of the performance of her duties or in any way connected therewith,

    whether based upon negligence, violation of contract rights, or violation of civil, constitutional,

    common-law, or other statutory rights, whether state or federal. Where no insurance policy or

    contract of indemnity exists, or in addition to such insurance policy or contract of indemnity, and

    as part of the terms of employment of the SUPERINTENDENT, the BOARD shall undertake to

    defend all civil actions brought or maintained against the SUPERINTENDENT, arising out of

    the performance of her duties or in any way connected therewith, whether based upon

    negligence, violation of contract rights, or violation of civil, constitutional, common-law, or

    other statutory rights, whether state or federal, to the extent such defense costs are not covered by

    the insurance policy or contract of indemnity, provided the BOARD determines that such actions

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    have arisen out of the SUPERINTENDENTS lawful performance of her duties. Allowable

    defense costs shall include, but not be limited to, attorneys fees, court costs, deposition costs,

    witness fees and compensation, insurance deductible, and all other like costs, expenses, and fees.

    With respect to criminal actions, whether they involve misdemeanor or felony charges, the

    BOARD may, but is not required to, reimburse the SUPERINTENDENT for some or all of her

    defense costs if the SUPERINTENDENT is acquitted or the charges are dropped. The BOARD

    will have sole authority to select, direct, and control the attorneys and any consultants, experts or

    other professionals retained in any insured or indemnified action as provided in this paragraph,

    and to prosecute, defend, or settle any such action in any way the BOARD deems necessary and

    appropriate, consistent with the BOARDS obligations herein. The obligations under this

    paragraph shall not apply to: (a) any action brought by the BOARD against the

    SUPERINTENDENT, or any action by the SUPERINTENDENT against the BOARD, the

    District, or any individual member of the BOARD; (b) to any action based upon or attributable

    to the SUPERINTENDENTS gaining any personal profit or advantage to which she is not

    legally entitled; or (c) any action in which the SUPERINTENDENT is convicted of a

    misdemeanor or felony. Nothing in this provision shall be construed as waiving any immunity

    now or hereafter enjoyed by the BOARD or the SUPERINTENDENT. If the BOARD later

    determines that the SUPERINTENDENT was not entitled to the indemnity provided in this

    paragraph, the SUPERINTENDENT shall reimburse the BOARD, the District, or their

    insurance provider, for all costs, expenses, and fees of any nature whatsoever incurred in

    connection with such indemnity to which the SUPERINTENDENT was not entitled to receive.

    B. LIMITATION. In no case shall the BOARD or individual members of

    the BOARD be considered, or held liable, for indemnifying the SUPERINTENDENT beyond

    the terms of this Contract.

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    8. EVALUATION.

    A. GOALS. On the first regularly scheduled 2012 business meeting of the

    BOARD or some other mutually agreeable date each year during the term of this Contract, the

    PARTIES shall meet to establish goals and objectives, which shall be among the criteria by

    which the SUPERINTENDENT shall be evaluated for that school year. Said goals and

    objectives shall be reduced to writing and provided to the SUPERINTENDENT.

    The BOARD, with input from and the concurrence of the SUPERINTENDENT

    shall establish goals, objectives and expectations of performance by the SUPERINTENDENT.

    The goals, objectives and expectations shall address all facets of the SUPERINTENDENTS

    responsibilities as provided for in BOARD Policy and this Contract.

    B. EVALUATION PROCESS. At least once each fiscal year, the BOARD

    and the SUPERINTENDENT shall meet in closed executive session for the purpose of

    evaluating the SUPERINTENDENTS performance. The BOARDS evaluation and

    assessment of the SUPERINTENDENT shall be in writing, pursuant to a mutually agreeable

    evaluation format, and shall be reasonably related to the SUPERINTENDENTS duties and the

    goals and objectives of the BOARD for the year in question. The evaluation format shall be

    consistent with the requirements of state law. In the event of disagreement as to the evaluation

    format, the BOARD shall specify the evaluation format, provided it is consistent with any

    requirements of state law. Any evaluation format chosen shall include a requirement that the

    BOARD meet in person with the SUPERINTENDENT to discuss the evaluation and shall

    afford the SUPERINTENDENT the right to submit a written reaction or response to the

    evaluation. This response shall become a permanent attachment to the SUPERINTENDENTS

    personnel file. The SUPERINTENDENT shall be responsible for notifying the BOARD in

    writing of the need to perform the aforementioned annual evaluation in sufficient time to permit

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    the BOARD to assemble itself in order to properly carry out that responsibility. The evaluation

    and assessment of the SUPERINTENDENT shall be related to the discharge of her duties as

    SUPERINTENDENT and to the attainment of the goals, objectives and expectation of

    performance for the SUPERINTENDENT for the year in question. The evaluation shall be

    conducted in executive session at a regular or special meeting of the BOARD.

    C. DEFICIENCIES. The BOARDS failure to provide written notice of

    deficiencies or recommendations for improvement, or to implement a remedial or corrective

    plan, shall not be a defense to any action involving termination of the SUPERINTENDENTS

    contract.

    9. TERMINATION OF CONTRACT.

    Notwithstanding any other provision of this Contract, the SUPERINTENDENTS

    employment under this Contract shall terminate upon the occurrence of any of the following:

    A. MUTUAL AGREEMENT OF THE PARTIES .

    B. DEATH OF THE SUPERINTENDENT, provided that, if the

    SUPERINTENDENT dies during the term of this Contract, the BOARD shall pay to her estate

    her annual base salary through the end of the month in which her death occurs.

    C. RETIREMENT OF THE SUPERINTENDENT .

    D. DISABILITY OF THE SUPERINTENDENT . In the event the

    SUPERINTENDENT is unable to perform the essential functions of her position because of a

    disability, the BOARD shall make such accommodations that are reasonable, and the

    SUPERINTENDENT will provide such cooperation and assistance in working with the

    BOARD for the evaluation and determination of the reasonableness of any proposed

    accommodations. The SUPERINTENDENTS and the BOARDS obligations in the foregoing

    sentence will be governed by the ADA. If the SUPERINTENDENT remains unable to perform

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    the essential functions of his position, either with or without reasonable accommodations, as

    defined under the ADA, for an aggregate period of one hundred twenty (120) days within any

    period of one hundred eighty (180) consecutive days during the term of this Contract, the

    BOARD may terminate this Contract by written notice to the SUPERINTENDENT. All

    obligations of the BOARD shall cease upon such termination. If a question exists concerning

    the capacity of the SUPERINTENDENT to perform or resume her duties, the BOARD may

    require the SUPERINTENDENT to submit to a medical examination, to be performed by a

    doctor licensed to practice medicine in Georgia and board-certified in the relevant field of

    medicine. The BOARD will select the doctor and the examination shall be done at the expense

    of the BOARD. The physician shall limit his or her report to the issue of whether the

    SUPERINTENDENT has a continuing disability that prevents her from performing the

    essential functions of her position either with or without reasonable accommodations as defined

    under the ADA. The SUPERINTENDENT hereby knowingly and voluntarily acknowledges

    and agrees that she has no further substantive or procedural right regarding the termination of her

    employment under this provision of the Contract. Nothing in this provision limits the

    SUPERINTENDENTS ability to consult with her own medical personnel at her expense.

    E. TERMINATION FOR THE BOARDS CONVENIENCE . The

    BOARD, upon a three-fourths (3/4) vote of its members, may at its option unilaterally terminate

    this Contract for its convenience by giving the SUPERINTENDENT a minimum of ninety (90)

    days written notice of termination at any time. In the event of such termination, the BOARD

    shall pay to the SUPERINTENDENT severance pay, either all of the aggregate salary she

    would have earned under this Contract from the actual date of termination to the termination date

    set forth in this Contract, or a sum equivalent to twelve (12) months of the annual base salary as

    stated in Paragraph 4 of this Contract, whichever is less. In either event, any requirement for a

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    hearing or meeting regarding the reasons for termination are hereby waived by the

    SUPERINTENDENT.

    F. TERMINATION FOR CAUSE . Termination for cause shall constitute

    conduct which is seriously prejudicial to the District, including but not limited to, neglect of

    duty, or breach of contract. Notice of termination for cause shall be given in writing and the

    SUPERINTENDENT shall be entitled to appear before the BOARD to discuss such causes. If

    the SUPERINTENDENT chooses to be accompanied by legal counsel at such meeting, if

    allowed in closed, executive session under applicable law, she shall bear any costs therein

    involved. Such meeting shall be conducted in closed, executive session unless specifically

    prohibited by State law. The SUPERINTENDENT shall be provided a written decision

    describing the results of the meeting.

    10. SUPERINTENDENTS REPRESENTATIONS AND WARRANTIES.

    SUPERINTENDENT represents and warrants as follows: (a) that she is applying for licensure

    and is qualified to serve as Superintendent of Schools for the District, and that she will obtain or

    possess acceptable business or management experience as specified by the Professional

    Standards Commission or the minimum valid certificate or a letter of eligibility for said

    certificate required by the Professional Standards Commission, as well as all additionalcertificates, endorsements, qualifications, and additional training and other requirements that are

    required by law, the Professional Standards Commission, the State Board of Education, or the

    BOARD; (b) SUPERINTENDENT has never been convicted of any offense involving a felony,

    misdemeanor, or any other offense involving moral turpitude (other than a minor traffic offense,

    but including operating a motor vehicle or water craft under the influence of alcohol or a

    controlled substance) under the federal or state laws of the United States, and any state, city,

    county, or other political subdivision thereof, or any foreign country, and including any first

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    offender or nolo contendere disposition; and (c) SUPERINTENDENT has never suffered

    revocation of any educational, professional, or other license or certificate related to her

    employment, profession, or other advanced degree or training, nor has she voluntarily

    surrendered the same under any circumstances.

    11. AMENDMENT. This Contract may be amended during its term by the mutual

    written consent of the BOARD and the SUPERINTENDENT. Any such amendment shall be

    in writing, shall be signed by both PARTIES, and shall be approved by official action of the

    BOARD.

    12. SAVINGS CLAUSE. If it is found that a specific term or provision of this

    Contract is invalid, unenforceable or illegal under federal or state law, the remainder of the

    Contract not affected by such a ruling shall remain in force, and the term or provision held to be

    invalid, unenforceable or illegal shall be deemed not to be a part of this Contract, or to the extent

    permitted by federal or state law, shall be modified to comply with such law.

    13. ENTIRE AGREEMENT. This Contract constitutes the entire agreement

    between the PARTIES with respect to the subject matter hereof and supersedes all prior

    agreements, understandings, offers and negotiations, oral or written.

    14. ADVICE OF COUNSEL. The PARTIES represent and warrant to each other

    that they have read this Contract, have consulted with their legal counsel regarding the Contract,

    understand its effects, and enter into this Contract freely and voluntarily.

    15. INTERPRETATION OF AGREEMENT. In the interpretation of this Contract,

    there shall be no presumptions made on account of draftsmanship inasmuch as this Contract has

    been negotiated, reviewed, and approved by all PARTIES and their counsel.

    16. GOVERNING LAW. This Contract shall in all respects be governed, construed,

    interpreted, and enforced in accordance with the laws of the State of Georgia, without regard to

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    its choice of law principles, and any claim arising out of or related to this Contract shall be

    brought in the state or federal courts for DeKalb County, Georgia.

    17. COUNTERPARTS. This Contract may be executed in counterparts, each of

    which shall be deemed to be an original, and all counterparts so executed shall constitute one

    agreement binding upon all of the PARTIES hereto, notwithstanding that all of the PARTIES

    are not signatories to the same counterpart. Signatures transmitted by facsimile or by electronic

    mail shall be deemed originals.

    18. DISPUTE RESOLUTION. In the event that the BOARD and

    SUPERINTENDENT are unable to resolve disputes that arise out of the performance of the

    SUPERINTENDENTS duties under this Contract, the PARTIES may submit such dispute to

    non-binding mediation. The PARTIES agree to use a mediator from the American Arbitration

    Association ("AAA") roster and split the costs of the mediation. In the event that the dispute is

    not resolved by mediation, then all claims arising out of or relating to the contract shall be

    subject to either binding arbitration or litigation.

    (1) If the PARTIES mutually elect arbitration, the following will apply: the

    arbitration shall be held in Atlanta, Georgia and shall be in accordance with the

    Commercial Arbitration Rules of the AAA currently then in effect. The demand

    for arbitration shall be in writing and filed with the AAA and shall be served on

    the other party to the Contract. The agreement to arbitrate shall be specifically

    enforceable under applicable law in any court having jurisdiction thereof.

    (2) The award rendered by arbitrators shall be final, and judgment may be entered

    upon it in accordance with applicable law in any court of competent jurisdiction.

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    (3) If the PARTIES do not mutually agree to an arbitration, then the dispute shall be

    resolved by litigation pursuant to Paragraph 16 of this Agreement.

    IN WITNESS WHEREOF, the BOARD and the SUPERINTENDENT have duly

    executed this Contract, as of the day and year first specified above.

    SUPERINTENDENT

    _________________________________Dr. Cheryl L.H. Atkinson

    DEKALB COUNTY BOARD OF EDUCATION

    By: ______________________________Thomas E. Bowen

    As: Chair

    Attest: ______________________________H. Paul Womack

    As: Vice Chair

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