DAYTONA STATE COLLEGE

EMPLOYMENT AGREEMENT
FOR THE PRESIDENT
THIS AGREEMENT dated July 7, 2011, ("EFFECTIVE DATE"), is by and
between the DISTRICT BOARD OF TRUSTEES OF DAYTONA STATE COLLEGE,
("BOARD"), a political subdivision of the State of Florida and public body corporate,
Post Office Box 2811, Daytona Beach, Florida, 32120-2811, and DR. CAROL EATON,
("PRESIDENT") .
WITNESSETH
WHEREAS, the BOARD and the PRESIDENT, at a special meeting called
pursuant to F.S. 1001.61(4) in July of 2011, have negotiated the terms and conditions of
this employment agreement and desire to reduce their agreement of such terms and
conditions to writing.
NOW, THEREFORE, in consideration of the terms and conditions and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. EMPLOYMENT. The BOARD hereby employs Dr. Carol Eaton to serve as
PRESIDENT and Chief Executive Officer of Daytona State College (the
"COLLEGE") for an initial term as described in Paragraph 2 below. The
PRESIDENT hereby accepts such employment and acknowledges that during
any term of this Agreement, the PRESIDENT shall also serve as Secretary of the
BOARD, in accordance with the State Board of Education Administrative Rules.
The PRESIDENT shall devote, except as provided otherwise herein, full-time
attention and energies to the duties as PRESIDENT, subject to the policies,
supervision and direction of the BOARD.
2. TERM OF EMPLOYMENT, EVALUATION and RENEWAL. The PRESIDENT's
employment shall be for an initial term of three (3) years commencing August 3,
2011 , and terminating August 2, 2014, subject, however, to prior termination as
provided for in this Agreement. The anniversary date of this Agreement hereafter
shall be July 1 of each year, or as otherwise negotiated by the parties. Pursuant
to Florida Statutes and SBE Rules, the BOARD shall annually evaluate the
PRESIDENT's performance of her duties and responsibilities. The BOARD's
evaluation shall be conducted no later than May 30 of each year and the written
evaluation shall be submitted to the State Board of Education as outlined in
Florida Statutes.
In the event that the BOARD desires to extend the term of this Agreement, then,
immediately prior to the 2014 anniversary of the commencement date of the
initial term of this Agreement or any extension thereof, the BOARD and the
PRESIDENT shall, in conjunction with the PRESIDENT's annual evaluation,
determine whether the PRESIDENT shall continue her employment beyond
2014, and, if so, under what terms and conditions.
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3. COMPENSATION. During the period commencing August 3, 2011 through
August 2, 2012, the PRESIDENT shall be paid a base salary of TWO HUNDRED
SIXTY FIVE THOUSAND DOLLARS ($265,000.00), and other approved benefits
for Level I administrative employees, such salary to be paid in installments in
accordance with the policy of the BOARD governing payment of other
administrative staff members employed by the BOARD. The PRESIDENT's
salary for the remaining years of the initial term of this Agreement, and any
extensions thereof shall be renegotiated, but may or may not be increased at the
discretion of the BOARD, and set each year at the time set forth in the BOARD
policy. In consideration of the modification to the term of the agreement in
section 7 of the original agreement, the PRESIDENT's severance/deferred
compensation in the salary schedule and general provisions shall be increased
from thirty (30) days to sixty days (60) days.
4. REIMBURSABLE EXPENSES. Subject to the PRESIDENT providing receipts or
other documentation in accordance with the BOARD's established policies,
procedures and rules, the BOARD shall reimburse the PRESIDENT for the
following expenses:
A. Any reasonable moving expenses incurred by the PRESIDENT in connection
with moving to Volusia or Flagler County, Florida, and with approval by the
BOARD, in an amount not to exceed TEN THOUSAND DOLLARS ($10,000) ,
and temporary housing as provided in Section 5A.
B. Any reasonable travel, meal, accommodation, and incidental expenses
incurred by the PRESIDENT for up to three (3) house hunting trips by the
PRESIDENT to the COLLEGE District. The PRESIDENT shall be required to
live in Volusia or Flagler County.
C. Reasonable membership dues in professional associations and reasonable
subscriptions to professional journals.
D. Any reasonable expenses incurred by the PRESIDENT in establishing a
secured computer connection between the COLLEGE's mainframe computer
and a COLLEGE computer to be located at the PRESIDENT's home during
the term of this Agreement.
E. Any other reasonable expenses that serve the best interest of the College
incurred by the PRESIDENT in the course of her employment by the BOARD.
The BOARD authorizes the PRESIDENT to allow direct payment of expenses
and receive reimbursements from budgeted funds or Daytona State College
Foundation funds as necessary for expenses including, but not limited to,
travel, hospitality, professional development, and other customary expenses
for the performance of her duties.
F. The PRESIDENT will be provided at College expense a Personal Digital
Assistant (PDA) , 1-Pad or other electronic device of her choice, and a home
computer. LJ
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5. BENEFITS. The PRESIDENT shall be provided with the following benefits:
A. Temporary Housing Allowance. The parties agree that the PRESIDENT and
her family may reside in the College's Conference Center housing, Building
640, for a period not to exceed six (6) months unless such time period is
extended by the BOARD.
B. Salary Schedule and Benefits. The PRESIDENT shall be entitled to the other
benefits provided in the 2011 Salary Schedule and General Provisions for
Level 1 and 2 employees, unless otherwise set forth or provided herein.
C. Paid Leave. The PRESIDENT shall be entitled to paid vacation leave and to
accumulate unused vacation leave according to the vacation leave policy
applicable to administrative employees of the BOARD. In addition, the
PRESIDENT shall be entitled to paid time off for illness or personal reasons,
according to the sick leave policy applicable to administrative employees of
the BOARD. In addition to the foregoing, the PRESIDENT shall be entitled to
participate in other paid leave benefits to the same extent, and in the same
manner as all employees of the BOARD, subject to the laws and regulations
of the State of Florida, policies of the BOARD and provisions of this
Agreement. The PRESIDENT shall be advanced thirty (30) days of annual
paid vacation leave or telecommute, as approved by the Board Chairperson,
for a period not to exceed six (6) months for the purposes of relocation.
D. Health, Dental, Vision, Life and Disability Insurance. The PRESIDENT shall
be provided with hospitalization and medical insurance and such
hospitalization and medical insurance, as well as dental, vision, life and
disability insurance benefits, shall be provided to the PRESIDENT as
normally provided to administrative employees by the BOARD. The life
insurance will be provided in an amount selected by the PRESIDENT of two
(2) times or five (5) times the PRESIDENT'S annual salary as set forth in
Section 3 as it may be amended from time to time.
E. Retirement Benefit. The PRESIDENT shall be provided with the retirement
benefits for community college presidents pursuant to Section 121.055,
Florida Statutes.
F. Annual Physical Exams. The PRESIDENT may undergo an annual physical
examination at the BOARD's expense by a physician of the PRESIDENT's
choice. This provision is further intended to be interpreted consistent with the
Americans with Disabilities Act and other applicable laws.
6. CONSULTING ACTIVITIES AND SERVICE ON BOARDS.
A. The PRESIDENT shall not render services of any professional nature to or for
any person or firm for remuneration other than to the BOARD, and shall
absolutely not engage in any activity that may be competitive with or adverse
to the best interests of the BOARD. Notwithstanding the the
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PRESIDENT may render professional consulting services on a paid basis, for
no more than five (5) days per year during the term of this Agreement,
provided that the PRESIDENT utilizes her vacation time for rendering such
consulting services. The PRESIDENT may also, with the prior approval of the
BOARD, receive remuneration for serving as a board member of a company,
provided, however, that the PRESIDENT utilizes her vacation leave for
serving in such capacity, and provided that such services do not interfere with
the PRESIDENT's performance of her duties under this Agreement.
B. The PRESIDENT is authorized to serve on national and state educational
boards and councils and engage in customary professional development
without taking annual paid vacation leave. The PRESIDENT is authorized to
serve on local, charitable and community boards, including but not limited to,
the Civic League, Rotary, Chamber of Commerce, and have such
memberships paid by the BOARD.
7. TERMINATION.
This Agreement may be terminated as follows:
A. Death or Disability. In the event of the death or permanent disability of the
PRESIDENT, this Agreement shall terminate and the PRESIDENT or her
estate, as the case may be, shall be due compensation and benefits
hereunder only to the date of death or determination of disability by the
BOARD. For the purposes of this agreement, "permanent disability" shall be
defined as the PRESIDENT's inability to perform her duties set forth in
Section 1 for a minimum of six (6) continuous months.
B. Other Termination. The BOARD shall have the right to suspend or dismiss the
PRESIDENT at any time, with or without cause.
(i) If the BOARD dismisses the PRESIDENT without cause, then the
PRESIDENT shall be paid not less than twenty (20) weeks of her base
salary in accordance with F.S. 215.425(4)(a).
(ii) If the BOARD terminates the PRESIDENT's employment with cause for
"misconduct" as defined in Section 443.036(29), the BOARD shall not pay
the PRESIDENT any severance pay in excess of six (6) weeks as set forth
in F.S. 215.425(4)(a). Reasons for termination with cause shall include the
following:
1. A deliberate and certain violation of the duties set forth in this
Agreement, or her refusal or unwillingness to perform such duties in
good faith and to the best of her abilities.
2. Any conduct constituting moral turpitude that would bring public
disrespect, contempt, or ridicule upon the college, as determined solely
by the BOARD.
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3. A serious and deliberate violation of a State or Federal law, rule,
regulation, or Constitutional provision or of a college rule or policy,
which violation may, in the judgment of the BOARD adversely reflect
upon and or adversely affect the college.
4. Prolonged chronic and/or excessive absences from duty without the
BOARD's consent.
5. Misconduct as defined in Section 443.036(29), Florida Statutes.
Should a termination occur, it will be the BOARD's option, regardless of the reason for
termination and the amount of compensation due, to immediately relieve the
PRESIDENT of her duties.
8. GENERAL PROVISIONS.
A. This Agreement shall be construed and regulated under and by the laws of
the State of Florida, the State Board of Education rules, Board policies, and
the definitions set forth in the General Provisions of 2011 Salary Schedule.
B. This Agreement contains the entire agreement between the parties with
respect to the PRESIDENT's employment and is merged into and expressed
in this Agreement.
C. No change, amendment, supplement or modification of this Agreement shall
be valid unless the same shall be in writing and signed by the parties hereto.
D. The section headings in this Agreement are solely for convenience of
reference and shall not affect the interpretation or construction of the terms
and provisions thereof.
E. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and
the same instrument.
F. The delivery by electronic or facsimile of an executed copy of this Agreement
shall be deemed valid as if an original signature was delivered.
G. Each party has participated fully in the negotiation and preparation of this
Agreement with full benefit of counsel. Accordingly, this Agreement shall not
be more strictly construed against either of the parties.
H. If any provision or provisions of this Agreement shall be held to be invalid,
illegal , unenforceable or in conflict with the law of any jurisdiction, the validity,
legality and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
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I. This Agreement is governed by the laws of the state of Florida, without regard
to its conflict of laws principles.
IN WITNESS WHEREOF, the undersigned parties hereby execute this Agreement
on the date first above written.
PRESIDENT
?lu.fu
By: Dr. Carol Eaton Date
Title: President

ess Date
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DISTRICT BOARD OF TRUSTEES
DAYTONA STATE COLLEGE

By: ight Lew1s Date
Title: Chair
lnitials@_-6(