Employment Contract For The President of SOUTH FLORIDA STATE COLLEGE Between The DISTRICT BOARD OF TRUSTEES

And

NORMAN L. STEPHENS, JR., Ed. D. For The Term July 1, 2012 through June 30, 2016

EMPLOYMENT CONTRACT FOR PRESIDENT OF SOUTH FLORIDA STATE COLLEGE

This Agreement, made and entered into the 25th day of January, 2012, by and between THE DISTRICT BOARD OF TRUSTEES OF SOUTH FLORIDA COMMUNITY COLLEGE, whose mailing address is 600 West College Drive, Avon Park, Florida 33825, hereinafter referred to as the "Board and NORMAN L. STEPHENS, JR., whose mailing address is 3726 Creekside Drive, Sebring Florida 33875, hereinafter referred to as "Dr. Stephens," WHEREAS, pursuant to the provisions of Florida Law, the Board appointed Dr. Stephens to serve as President of South Florida Community College commencing on September 3, 2002, and WHEREAS, Dr. Stephens accepted the appointment made by the Board to serve as President of South Florida Community College, and WHEREAS, The Board and Dr. Stephens negotiated an agreement relating to the terms and conditions of Dr. Stephens employment as President of South Florida Community College and desire to reduce their agreement to writing, WHEREAS, The Board and Dr. Stephens may from time to time negotiate an addendum to the agreement relating to the terms and conditions of Dr. Stephens employment as President of South Florida State College, NOW THEREFORE, for and in consideration of the premises, the covenants contained herein, and for other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, the Board and Dr. Stephens agree: 1. Employment as President of the College. a) Employment as President. The Board hereby continues to employ Dr. Stephens to serve as President of South Florida State College, and Dr. Stephens hereby accepts such continued employment, commencing July 1, 2012, and ending June 30, 2016, subject to the provisions for annual extensions as provided by Florida Statutes. Duties and Responsibilities of President. As President of South Florida State College, Dr. Stephens agrees to perform all of the duties and exercise all of the powers conferred upon presidents of Florida College System institutions in the State of Florida by law and by administrative rules adopted by the Florida Board of Education and the Board. Dr. Stephens shall also implement all internal rules, policies and procedures heretofore or hereafter adopted by the Florida Board of Education and the Board, act as the Chief Administrator of the College and perform such other duties

b)

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EMPLOYMENT CONTRACT FOR PRESIDENT OF SOUTH FLORIDA STATE COLLEGE and responsibilities as may be assigned to him from time to time by the Board. As President of South Florida State College, Dr. Stephens shall also use his best efforts to promote the interests and objectives of South Florida State College and the South Florida State College Foundation, Inc. through his active membership and participation in local, state, and national professional, charitable, community and civic organizations. To the extent permitted by law, the Board may pay, or request that the South Florida State College Foundation, Inc. pay, all reasonable dues and other expenses associated with memberships in local, state and national professional, charitable, community and civic organizations. c) Suspension and Dismissal for Cause. During the term of this Agreement and during the term of any extensions as set forth herein, the Board may suspend or dismiss Dr. Stephens for cause pursuant to applicable Florida law, and pursuant to administrative rules adopted by the Florida Board of Education and the Board. Any suspension for cause by the Board may be with or without pay and under such terms and conditions as the Board may determine. Any termination for cause by the Board shall terminate this Agreement and all salary and other fringe benefits payable to Dr. Stephens under this Agreement from and after the effective date thereof; provided, however any such termination shall not relieve the Board from its obligation to pay Dr. Stephens any minimum annual base salary or other fringe benefit which may have accrued prior to the effective date of such termination for cause. Severance pay is not allowed if employment is terminated for misconduct as stipulated in s. 215.425, Florida Statutes. d) Termination by Dr. Stephens. Dr. Stephens may terminate this Agreement without cause at any time by giving the Board not less than sixty (60) days advance written notice of his intention to terminate this Agreement and stating therein the date such termination shall be effective. Termination for Convenience by Board. The Board may terminate this Agreement at any time without cause provided the Board pays Dr. Stephens severance pay subject to limitations imposed by s 215.425, Florida Statutes. The severance payment shall be payable in one lump sum or in installments, at the option of the Board, with required taxes withheld in accordance with applicable Tax law requirements. If the Board elects to pay the severance payment in installments, the first Installment shall be in an amount sufficient to enable Dr. Stephens to pay required taxes, if any, on the entire amount. Acceptance of the severance payment pursuant to this paragraph shall preclude, and Dr. Stephens by such acceptance shall waive, any claims in judicial, administrative or arbitration

e)

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EMPLOYMENT CONTRACT FOR PRESIDENT OF SOUTH FLORIDA STATE COLLEGE forums, or any other Board liability relating to entitlement to compensation or fringe benefits relating to his employment by or separation from South Florida State College. The right to the aforementioned severance payment shall be contingent upon the execution, at the time of the termination, of a waiver and release acknowledging the provisions of this paragraph. 2. Salary and Fringe Benefits. a) Annual Base Salary. Commencing July 1, 2012, Dr. Stephens shall be paid an annual base salary of $234,782, subject to requirements provided in s. 1012.885, Florida Statutes regarding allocations from appropriated state funds. The Board may approve such higher annual base salaries as may hereafter be negotiated between the Board and Dr. Stephens subject to satisfactory performance. The annual base salary of Dr. Stephens shall be paid in installments in accordance with the policy of the Board. Performance Review. Dr. Stephens performance as President of South Florida State College shall be reviewed annually by the Board. All performance reviews shall be in accordance with applicable Florida law, administrative rules adopted by the Florida Board of Education and the Board. During each Annual Performance Review, the terms and conditions of Dr. Stephens employment agreement shall be reviewed. Any modifications of the said employment agreement shall require Board action. Fringe Benefits. Dr. Stephens shall receive all benefits adopted by the Board that are payable to other College employees, including but not limited to retirement, health and life insurance, sick leave, annual leave, social security and travel reimbursement.

b)

c)

3.

Legal Actions. The Board shall indemnify and hold Dr. Stephens harmless from any claim(s) or action(s) for damages, judgments, cost of defense, reasonable attorney fees, expenses or other financial loss, including attorney fees and costs for any appeal, for claim(s) or action(s) brought against him during the course of this Agreement, and/or for any matter to have occurred within the scope of his employment during his tenure as President. These indemnity and hold harmless provisions shall not apply to any action(s) where there is a finding or alleged wrongful act(s) or omission(s) that occurred: 1. Outside the scope of Dr. Stephens employment; 2. If Dr. Stephens acted in bad faith with malicious purpose; or 3. If Dr. Stephens acted in a manner exhibiting wanton and willful disregard of human rights, safety or property. This provision shall survive termination and/or consummation of this Agreement. Notices. Any Notice applicable under this Agreement must be written. All such notices shall be effective upon mailing and shall be mailed certified mail, return

4.

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EMPLOYMENT CONTRACT FOR PRESIDENT OF SOUTH FLORIDA STATE COLLEGE receipt requested, to the Board or Dr. Stephens at the mailing address shown on page 1 of this Agreement or such other address, hereafter designated, by written notice given by either party to the other. Notices sent to the Board shall be addressed to the attention of the Chair of the Board. 5. Governing Law. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of Florida, exclusive of all laws and rules with respect to conflicts of law, and in accordance with all administrative rules adopted by the Florida Board of Education and the Board. If any provision of this Agreement is held invalid by any law, rule, or order, or regulation of any government or by final determination of any state or federal court, such validity shall not affect the enforceability of any other provision not held to be invalid. Section Headings. The section headings and titles of the Agreement are for convenience only and shall not affect the interpretation of the Agreement. Entire Agreement and Amendments. This Agreement constitutes the entire agreement as to the subject matter hereof, and supersedes all prior and contemporaneous oral and written understandings and agreements concerning the subject matter hereof. This Agreement may be amended only by written agreement signed by the Board and Dr. Stephens, provided, however, any duly adopted resolution of the Board which increases the minimum annual base salary or the additional compensation payable to Dr. Stephens or which increases any one or more of the fringe benefits payable to Dr. Stephens under this Agreement shall be deemed a written amendment of this Agreement sufficient for the purposes of this paragraph. State of Florida Multi-Year Contracts. The obligations and responsibilities of the Board under this Agreement are subject to future appropriations of funds by the Florida Legislature in an amount sufficient to allow continuation of the performance of the Board hereunder for each and every fiscal year following the first fiscal year in which this Agreement is in effect. Upon receipt of notice that sufficient funds are not available for continuation of this Agreement, the Board shall give Dr. Stephens written notice of such event and effective thirty (30) days after giving such notice, or upon expiration of the time for which funds were sufficiently appropriated, whichever occurs last, the Board shall be thereafter relieved of all further obligations to Dr. Stephens under this agreement.

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EMPLOYMENT CONTRACT FOR PRESIDENT OF SOUTH FLORIDA STATE COLLEGE IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed or have hereunto set their hands and seals to be effective the day and year first above written. Signed in the presence of: THE DISTRICT BOARD OF TRUSTEES SOUTH FLORIDA COMMUNITY COLLEGE AVON PARK, FLORIDA

By:

___________________________________ Tim Backer, as Chair of the District Board

__________________________________ First Witness Print Name:

__________________________________ Second Witness Print Name: _______________________

By:

___________________________________ Norman L. Stephens, Jr., Ed.D., as President of the College

__________________________________ First Witness Print Name:

__________________________________ Second Witness Print Name: _______________________

Approved as to Form: By: _____________________________ Andrew B. Jackson, Esquire Attorney for the Board of Trustees Post Office Box 2025 Sebring, Florida 33871-2025

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