amit 2.20.5 Lage NOR'H CAROLINA CHATHAM COUNTY. ‘THIRD AMENDMENT TO. SUPERINTENDENT'S CONTRACT ‘The contract between the Chatham County Board of Education (hereinafter "Board") and Di. Derrick D. Jordan (hereinafter "Superintendent") dated February 17, 2014, and is hereby amended by Action of the Board at its meeting on June 15,2015, 2s follows: 1, Revision to Term. The parties agree to extend the Contracts termination date fiom June 30, 2018 to Jue30, 20195 2. Contrast Otherwise Unchanged. The parties agree that in all other respects, xcopt as specifically smended by the First Amendment, Second Amendment, and this Third Amendment, the Contract remains unchanged and all of its torms romain in full force and effect and as « binding agreement between the parties. IN WITNESS WHEREOF, the Board and Superintendent have approved this Second ‘Amendment upon the conditions stated above on the /@YAday of June 2015. Witness the following signatures and seal: SUPERINTENDENT CHATHAM COUNTY BOARD OF EDUCATION Dr. Derrick D. Jordan Gary , Chi ison, View ChairNORTH CAROLINA CHATHAM COUNTY FIRST AMENDMENT TO ‘SUPERINTENDENT'S CONTRACT ‘The contract between the Chatham County Board of Education (hereinafter "Board”) and Dr. Derrick D. Jordan (hereinafter "Superintendent") dated February 17, 2014, and is hereby amended by Action of the Board at its meeting on July 30,2014, as follows: 1. Revision to Term. The parties agree to extend the Contract=s termination date from June 30,2017 to June 30,2018, 2. Contract Otherwise Unchanged. The parties agree that in all other respects, except as specifically amended by flly-executed written addendum tothe Contract, the Contract remains ‘unchanged and all of its terms remain in full force and effect and as a binding agreement between the parties. IN WITNESS WHEREOF, the Boerd and Superinjendent have approved this First Amendment upon the conditions stated above on the Otay of July 2014. Witness the following signatures and seals: SUPERINTENDENT Aunt aco fh Dr Derrick D-Tordan CHATHAM COUNTY BOARD OF EDUCATION —— (SEAL)STATE OF NORTH CAROLINA (CHATHAM COUNTY EMPLOYMENT CONTRACT FOR SUPERINTENDENT ‘THIS CONTRACT, made and entered into this 17" day of February, 2014, by and between the Chatham County Board of Education, hereinafter referred to as “Board,” and Dr. Dertick D. Jordan, hereinafter referred to as “Superintendent” or °Dr. Jordan"; WHEREAS, the Board desires to provide the Superintendent with @ writen: ‘employment Contract in order to enhance administrative stability and continuity within the schools, which the Board believes generally improves the quality of its overall ‘educational program; and WHEREAS, the Board and the Superintendent believe that a witten employment the basis Contract is necessary to describe specifically their relationship and to serve of effective communication between them as they fulfil their govertance end administrative functions in the operation of the education program of the schools; NOW, THEREFORE, the Board and the Superintendent, for the consideration herein specified, agree as follows: 1, TERM, The Board, in consideration of the promises, herein contained, of the Superintendent, hereby employs Dr. Jordan as Superintendent of Schools for a term commencing the date first written above, and ending June 90, 2017, ‘The Board may by specie ation and wih the onsen of he Supretendent ‘extend the termination date of the existing Contract to the extent permitted by state lav.‘conflict of interest for the Superintendent, or those involving the Board's consideration of his Performance or contract, or appeals of his decisions, and shall be ented to submit ‘administrative recommendations on each item of business considered by any such Board or committee, This is an agreement for the performance of professional services as ‘superintendent by the Superintendent, who shall not be assigned to any other position without his consent. The duties of the Superintendent shall not be reassigned to others without his consent, unless he has been suspended or removed by Board action, of is tunable or unwilng to perform his duties. 4, MEDICAL EXAMINATION. The Superintendent hereby agrees to have an annual medical examination paid for by the Board to the extent the examination is not ‘covered by the Superintendent’ insurance. A statement from a licensed physician of the Superintendent's choice, cerifying to the physical competency of the Superintendent {o fulfill his duties and responsibilities, shall be filed with the Chairman of the Board and treated as confidential information by the Board and, if the Board deems it necessary, the Superintendent agrees to authorize his physician to provide the Board with a copy of the complete results of his medical examination, which shall also be treated as confidential information except as required by law. In the event of illness, the ‘Superintendent, upon request by the Board, shall furnish additional written medical records fo the Board and these shall be treated as confidential information, 5. DISABILITY. If the Superintendent is unable to perform his essential job functions by reason of disabiity, and efforts to reasonably accommodate his disability do not enable him to perform his essential job functions, and ifthe disability exists for a period of more than ninety (80) days beyond the period of time which the Superintendent‘Superintendent shall be solely responsible for any personal federal, state, or local tax expenses associated with the Superintendents use of the vehicle and any relmbursement for travel 7. REFERRALS. The Board and its individual members shall refer to the ‘Superintendent ertlsms, complaints, inquiries, and suagestions brought to the attention of the Board, or an individual member thereof. ‘The action taken by the Superintendent in response to each referral shall be reported as soon as practical to the Board. Al persons referred by members of the Board for employment will be referred to the Chatham County Schools human resources department and will be considered with other available applizants for employment. Individual Board members lack authority to direct the Superintendent and staff of the school system, except through Board action, and will refrain from doing so. 8, INFORMATIONAL REPORTS; OFFICIAL STATEMENTS. The ‘Superintendent shal keep the Board informed of circumstances within the Chatham County Schools, such as complaints or concems, physical plant problems and personnel Issues, except when prohibited by law or when a full report of facts might compromise the Board's ability to conduct a formal hearing in a matter. The Superintendent shall not make or issue any official statement on behalf of the Board without the Board's prior approval of the statement's content. The Board recognizes, however, that the ‘Superintendent has the authority, duty and responsibilly to make prompt. public statements on important issues or events in his role as Superintendent and that often these issues and events do not allow for formal Board approval of the Superintendent's statements.14, COMPENSATION. As compensation for his services during the course of this Contract, the Superintendent shall receive each ofthe following: ‘A. One Hundred Forty-One Thousand Dollars ($141,000) combined annual salary. This salary is comprised of $120,804.00 in stale-paid superintendent salary funds. The local portion of the salary is $20,198.00. Throughout the term ofthis Contract, the Superintendent shall be paid at the maximum range allowed for the state- paid portion of his salary. Neither the state-paid portion of his salary, nor the local portion, nor the combined annual salary shall be reduced during the term ofthis contract. In addition to the combined annual salary, the Superintendent shall be entitled to receive ‘any additonal supplement or pay provided by the State for which he qualifies for advanced degrees, longevity, or otherwise. During the period of this agreement, the Superintendent's ‘salary shall be reviewed at least annually by the Board. The Board may increase the ‘Superintendent's salary by mutual consent or at any time by action of the Board. 8. In addition to the salary provided in A., above, the Superintendent shall be paid state adopted and funded central office administrative financial bonuses and shall also be paid any local county supplement for central office administrators, C. A potential bonus of up to five percent (5%) of combined annual salary each fiscal year of this contract if, in the Board's sole discretion, the Superintendent meets the annual performance goals established by the Board upon consultation with the Superintendent and the financial state of the school system warrants such a bonus. The additional performance bonus will be paid in a lump sum within 30 days of the Board's determination, if any, that such a bonus should be paid,of the device in excess of any monthly service limits. The Board shall provide the: ‘Superintendent with a laptop and iPad for work-related business use outside of the ‘office. Al 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, 41. The Superintendent shall receive atleast the seme lie and health insurance ‘coverage, terminal pay, and longevity pay and other personal benefits accorded to all other Professional employees ofthe school administrative unit as provided by law. K. The Superintendent may ulize any "cafeteria benefits plan" approved by the Board, as permitted under 26 U.S.C. § 125, or any successor plan or statute, to the fullest extent allowed by law and the plan, to receive any of the benefits provided in this ‘Agreement. The Superintendent is solely responsible for complying with any tax or other legal consequences ofthis Agreement. 12, DEFENSE OF CLAIMS, The Board shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against the Superintendent in his individual capacity, or in his individual capacity a8 agent and employee ofthe Board, provided the incident giving rise to any such demand, claim, suit, action or legal proceeding arose while the ‘Superintendent was acting within the course and scope of his employment; and provided further, tha: such liability coverage is within the authority of the Board to provide under state law. The indemnity provided above shall apply throughout the term ofthis contract, ‘and any extensions thereof and shall survive termination of this agreement. The Board ‘may discharge its obligations under this paragraph by the purchase of labiity insurancesubmission of itemized expense statements with the finance officer and approval of the ‘Chairman of the Board. Requests for reimbursements of actual expenses in excess of Board approved per diem must be adequately documented and approved by the Chairman ofthe Board, ‘The Superintendent shall notiy the Board in advance of his attendance at meetings and conferences away from the school district and shall ensure that such attendance does not conflict with his duties in supervising operations of the school district. The Board reserves the right fo limit the number of conferences or meetings attended. 16. RELOCATION EXPENSES. During the term of this Contract, the ‘Superintendent shail reside within the Chatham County Schools administrative unit. The Board shall pay the Superintendent's actual reasonable expenses for his initial move to ‘Chatham County as documented by receipts of sid expences. 16. APPLICABLE LAW. This Contract shall be governed by applicable law of the State of North Carolina, including but not limited to Article 18 of Chapter 115C of the General Statutes of North Carolina, The invalidity of any provision ofthis Contract shall ‘not aflect the validly of any other provision of this Contract. This Contract shall become effective upon execution by he parties and upon formal approval by the Board. 17. CONFLICT OF INTEREST PROHIBITED. The Superintendent acknowiedges that he has read and understands the confit of inferest statues of the State of North Carolina and agrees to comply with these statutes and any other State laws or Board policies relating to conflicts of interest. n20. RESIGNATION. The Superintendent shall provide the Board at least ninety (90) days’ written notice prior to resigning from his position. In the event that he fails to give the required notice, the Superintendent agrees to pay the Board $10,000 wiich the parties agree is a reasonable and proper measure of damages that will be: Incurred by the Board by an untimely resignation by the Superintendent. Furthermore, the Board, in its sole discretion, may terminate this Contract at any time after the ‘Superintendent has given writen notice that he intends to resign prior to the end of his term of employment. In such event, the Superintendent shall be entitled to be paid through the date of his resignation and paid for any unused state acorued annual leave; the provisions of Sections 10 and 19 of this Contract shall not apply and, if the ‘Superintendent has given the required prior written notice of resignation, the $10,000: damage payment described above shall be waived. In addition, f an unexpected severe ‘medical condition or emergency arises that directly involves the Superintendent or his immediate family which prevents him from giving the required prior written notice of resignation, the $10,000 damage payment described above shall be waived. 21. ENTIRE AGREEMENT. The parties hereto agree that this instrument Contains the entire agreement between them as of this date, and that it has not been induced by either party by any representations, promises or undertakings not expressed herein, and that there are no collateral agreements, stipulations, promises or Understandings whatsoever by the respective parties in any way affecting the subject matter ofthis Contract which are not expressly contained in this instrument. 22, AMENDMENT. The Contract may be amended during this term by mutual \written consent of the Board and the Superintendent. Any such amendment shall be in BSTATE OF NORTH CAROLINA ‘COUNTY OF LEE 1, Aah Alyy 2 Notary Public do hereby certify that Karen Howard appeared before’me, with whom | am personally acquainted, who, being by me duly ‘sworn, says that David Hamm is Vice-Chair of the Board and that she is Chair of the ‘Chatham County Board of Education, the corporation described in and which executed the foregoing and annexed instument; that she knows the common seal of said corporation; thatthe seal affixed to the foregoing instrument is said common seal, that the name ofthe corporation was subscribed thereto by the Chair and that said Chair and Vice-Chair subscribed theit names thereto and said common seal was affixed, all by coder ofthe members ofthe Chatham Counly Board of Education, and sald Insttument is the act and deed of said corporation Witness my hand and official seal, this the_ 7 day of February, 2014. A pphy J Lal tary Public Printed Name of Notary Pubic: Sheila S."Tally My Commission Expires: Dene Y AE 1a Notary Public for said County and State, do hereby certify ttiat Dr. Derrick D? Jordan personally appeared before me this dey and acknowiedged the due execution of the foregoing instrument. STATE OF NORTH CAROLINA COUNTY OF LEE. iy hand and seal, this the_/7“Gay of February, 2014. Notary Public” Printed Nam of Notary Publ Sheila. Sally My Commission Expires: (Jae ZoL0/5 Pursuant to N.C. Gen. Stat, §1150-441(e, this instrument has been preauelted in the ‘manner required by the School Budget and Fiscal Control Act. 1.’ — alerfaony nance Officer Date