AGREEMENT FOR EMPLOYMENT OF THE SUPERINTENDENT-PRESIDENT OF THE LONG BEACH COMMUNITY COLLEGE DISTRICT THIS AGREEMENT is made and entered into this 23rd day of July, 2013, by and between the BOARD OF TRUSTEES OF THE LONG BEACH COMMUNITY COLLEGE DISTRICT of Los Angeles County, California, and ELOY O. OAKLEY. AGREEMENT WHEREAS, based upon Mr. Oakley's exemplary performance as the Superintendent- President of the Long Beach Community College District, the Board of Trustees and Mr. Oakley mutually agree to enter into the following Employment Agreement for a four year term as hereinafter specified. 1 2 ‘NOW THEREFORE, the parties hereto agree as follows: Employment Term and Acceptance. The Board of Trustees does hereby agree to continue to employ Eloy O. Oakley (“Mr. Oakley,” or “Superintendent-President”) as the Superintendent-President of the Long Beach Community College District (“District”) pursuant to this Agreement. ‘The term of this Agreement shall be for four years, with Mr. Oakley's employment commencing July 1, 2013 and ending on June 30, 2017. Mr. Oakley hereby accepts such employment and agrees to perform all of the duties and responsibilities of the position of Superintendent-President during the term of this Agreement. Leadership Role. Mr. Oakley shall provide leadership and expertise pertaining to the overall operations of the District, shall serve as the District’s Superintendent and Chief Executive Officer, and Secretary to the Board of Trustees. Mr. Oakley shall also serve as the President of Long Beach City College. The duties and responsibilities of the Superintendent-President may change or evolve as the organization and management needs of the District and Long Beach City College change or evolve. Duties and Responsibilities. Mr. Oakley shail faithfully and diligently perform on a fall-time basis all of the duties and responsibilities of the position of Superintendent- President as provided by law, Title 5, California Administrative Code, Board Policy, Administrative Regulations, this Agreement, and such other duties and responsibilities required by, inherent in, or as assigned by the Board of Trustees consistent with the position of Superintendent-President. All duties and responsibilities legally delegated to the Superintendent-President are to be executed in accordance with applicable laws, and District policies, rules and regulations. Acts which require ratification by the Board of Trustees shall be placed on the regular Board meeting agenda of the Board of Trustees by the Superintendent-President at the earliest opportunity for ratification: A. The Superintendent-President shall have the responsibility for the implementation of Board of Trustees’ policy, whereas the Board of Trustees shall retain the responsibility for formulating and adopting said policy. The administration of the District is the responsibility of the Superintendent-President. The Superintendent- President shall assess periodically, at @ public mecting of the Board of Trustees,E, but no less than once annually during the month of July, the organization of the District and recommend to the Board of Trustees any changes which, in his judgment, will improve the effectiveness of the District. ‘The Superintendent-President shall work with the Board of Trustees in developing and maintaining a spirit of cooperation and teamwork under which the Superintendent-President shall recommend and the Board of Trustees shall formulate and adopt policy and take action on matters which, by law, require Board of Trustees action. To this end, the Superintendent-President shall provide the Board of Trustees, on an on-going, but no less than a quarterly basis, with pertinent information pertaining to the District, its educational mission and financial status, ‘The Superintendent-President and the Board of Trustees, individually and collectively, will refer promptly to each other all substantial criticisms, complaints, and suggestions pertaining to any aspect of the operation of the District for consideration and appropriate action, if necessary. Members of the Board of Trustees will communicate such matters through the Board President, when outside of a regular or special Board meeting ‘The Superintendent-President shall advise the Board of ‘Trustees on an on-going basis of his activities on behalf of the Board of Trustees and the District, including his travel and scheduled activities, and will report to the Board of Trustees on his assessment of these activities. The Board of Trustees shall provide the Supcrintendent-President with periodic opportunities to discuss Board and Superintendent-President responsibilities and working relationships, including the effectiveness of the Superintendent- President’s leadership and achievement of both District-wide goals and the ‘Superintendent-President’s annual priority goals and performance objectives. Annual Salary. A Effective July 1, 2013, the annual salary of the Superintendent-President shall continue to be Two Hundred Sixty-Four Thousand Three Hundred Forty-Eight Dollars ($264,348), payable in 12 equal monthly installments on the last working day of each month with a proration of the salary for a period of less than a full month of service. During the term of this Agreement, the Board of Trustees reserves the right to increase, from time to time, the salary payable to the Superintendent-President dependent upon the Superintendent-President’s performance and the financial condition of the District as determined by the Board of Trustees. Any adjustment in salary during the term of this Agreement shall not operate as an extension to the term of this Agreement. The annual salary paid shall not be less than the annual salary stated in paragraph 4.A,, except upon the condition when the Management Team takes an across-the- board salary reduction. In that event the Board of Trustees reserves the right to5. 6. D. reduce the Superintendent-President’s base salary by the same percentage as that experienced by the Management Team. ‘The Board of Trustees shall augment the Superintendent-President's annual salary stated in paragraph 4.A., and any amendment thereto, through payment of an ‘annual increase of up to four percent (4%) effective each January 1, subject to the Superintendent-President’s annual evaluation. This annual increase shall be added to and become a part of the Superintendent-President’s annual base salary. The District shall contribute and directly pay on bebalf of the Superintendent- President the employee contribution portion (currently 8.00%) towards the ‘Superintendent President's participation in the State Teachers Retirement System (STRS). Months of Service. The Superintendent-President shall be required to render 12 months of full and regular service to the District during each annual period covered by this Agreement, inclusive of vacation, sick Ieave, and other permissible absences. Fringe Benefits. A During the term of this Agreement, the Superintendent-President shall be entitled to all the fringe benefits available to 12-month educational administrators in the District, including holidays, and sick leave benefits, as presently provided or as may be later provided by Board policy and/or Administrative Regulations. ‘The Distriet shall provide the Superintendent-President with a District leptop and hand-held electronic communications device. The laptop and other ‘communications technology may be used by the Superintendent-President for incidental personal use, All District property provided to Superintendent- President will be retumed to the District at the conclusion of this Agreement, ‘The District shall provide the Superintendent-President with a term life insurance policy in the amount of Two Hundred Fifty Thousand Dollars. ‘The District shall provide the Superintendent-President with a disability insurance policy. The insurance premiums shall not exceed $3,000 annually. The Board of Trustees authorizes the participation by the Superintendent- President in various retirement plans implemented under the Intemal Revenue Code Section 401 (a), 457(a), 457(b) and 403(b) that allow contributions to such plans. Each retirement plan is to comply with the participation requirements and ‘maximum contribution limits as defined by each respective Intemal Revenue Code Section as indicated and that may be amended from time to time, ‘The Superintencent-President shall be entitled to receive during the tem of this Agreement, including any extension thereto, a two-month paid professional leave to be taken on dates mutually agreeable to the Board and the Superintendent President. it is agreed and understood that this paid leave is granted for the express purpose of the Superintendent-President's pursuit of an advanced degree, or other professional development activity.1 o 10. i. Vacation and Holidays. ‘The Superintendent-President shall be entitled to 22 days of aid vacation per year, plus 5 non-accruing discretionary days of paid leave per year. It is also understood that the Superintendent-President has already accrued vacation by virtue of his current employment with the District, which will be added to the vacation eared under this Agreement, Vacation may be accumulated from one year to the next throughout the entire term of this Agreement. The Superintendent-President will advise the Board President in advance of his vacation schedule, being mindfal of scheduling vacation consistent with the needs and activities in the District. Upon conclusion of the term of this Agreement, including any extension thereto, the Superintendent-President shall be compensated at his then-current daily rate of pay for accrued vacation which has not been taken, The Superintendent-President shal] be entitled to 10 days of professional development leave annually. Health and Welfare Benefits, Medical, dental, vision and life insurance shall be provided by the District to the Superintendent-President, his spouse, and eligible dependants as provided to other management employees. These health and welfare benefits may be amended and modified from time to time as determined by the Board of ‘Trustees; however, the Superintendent-President shall receive at Jeast the same health and welfare benefit package including any applicable deductibles and contributions that are provided to the District’s 12-month educational administrators. Reimbursement of Expenses. The Superintendent-President shall _ receive reimbursement for the following expenses: A. The District shall reimburse the Superintendent-President in an amount not to ‘exceed Seven Thousand Five Hundred Dollars ($7,500) per year for any reasonable expenses incurred by him in performance of his duties. B. The District agrees to pay on behalf of the Superintendent-President those ‘memberships as required by the Board in order to assist the Superintendent- President in fulfilling his duties and responsibilities which will include, but are not limited to, the Association of California Community College Administrators; ‘American Association of Higher Education; Califomia Community Chief Executive Officers; as well as such other memberships as are mutually approved by the Board and the Superintendent-President. C. The Superintendent-President will be reimbursed for all other reasonable business, travel, and conference expenses incurred in the performance of his Guties, in accordance with District policies and procedures for 12-month educational administrators. Mileage Reimbursement. The Superintendent-President shall receive a monthly allowance for mileage paid at the prevailing IRS mileage rate and for 2,500 miles per month. Outside Professional Activities. The Superintendent-President shall devote his full time, attention and energy to the performance of his duties and responsibilities as Superintendent-President of the Distriet.. Upon prior notice to the Board of Trustees, and subject to its approval, the Superintendent-President may serve as a paid consultant to12, 13. other districts or educational agencies, lecture, engage in writing activities, and speaking engagements, provided such activities do not interfere with the Superintendent- President's normal duties. Aay consultant duties for paid consideration falling on a normal workday shall be scheduled on a vacation day. In no case will the District be responsible for any expenses attendant to the performance of such outside activities. ‘Medical Examination. The Superintendent-President agrees to have an annual medi examination during the months of June/July in each year of this Agreement, Any expenses beyond those paid by the Superintendent-President’s own health insurance shall be borne by the District. The physician(s), who may be selected by the Board of Trustecs in consultation with the Superintendent-President, will provide the Board of Trustees with written report regarding the Superintendent President's ability or inability to perform the essential functions of the position of Superintendent-President of the Long Beach Community College District. Any such report shall be maintained as a confidential personnel record of the District. Mr. Oakley represents and warrants that his current physical and mental condition shall not prevent him from devoting his full-time skills, labor and attention to performing satisfactorily all of the duties and responsibilities of the position. Annual Priority Goals, Performance Objectives, and Incentives, A. The Superintendent-President has developed and submitted to the Board of Trustees in closed session, as a part of the evaluation process, the Superintendent- President's recommendations for his annual priority goals and performance objectives to be addressed by the Superintendent-President during the 2013-2014 fiscal year (July 1 ~ June 30). These priority goals and performance objectives will be considered by the Board of Trustees, modified as the Board of Trustees, deems necessary and approved by the Board of Trustees in closed session, for the Superintendent-President’s 2013-2014 fiscal year priority goals and performance objectives. B. Thereafter, in each subsequent year of this Agreement and by the second regular meeting in May, the Superintendent-President shall submit to the Board of Trustees in closed session his proposed annual priority goals and performance objectives to be addressed by him during the following fiscal year. These priority goals and performance objectives will, in tum, be considered, modified as necessary, and approved by the Board of Trustees for the Superintendent- President by no later than June 30th prior to the commencement of the following fiscal year. C. During the months of January and July, the Board of Trustees will include in closed session a discussion with the Superintendent-President to review his performance relative to the priority goals and performance objectives. D. In each year of this Agreement by October, the Superintendent-President and the Board of Trustees will mutually select three significant goals for completion. Completion of these three goals will continue to result in the annual payment of $15,000 to the Superintendent-President. Completion of the three goals will be in conjunction with completing by June the annual Superintendent-President’sevaluation. To facilitate this process, the Superintendent-President will provide the Board of Trustees with his annual goals by the second Board meeting in May and a self-evaluation prior to the first Board meeting in June. This program will continue to be offered to the Superintendent-President for fiscal years 2013-2014, 2014-2015, 2015-2016, and 2016-2017, and the annual amount to be paid for performance of the three significant goals will be Fifteen Thousand Dollars (815,000.00), paid during the month of July. The Superintendent-President may request that all or a portion thereof be paid in the form of an annuity or other tax- deferred vehicle. Previously, it was agreed in Mr. Oakley's Employment Contract that if Mr. Oakley continued to serve as Superintendent-President through December 31, 2012, that upon completion of the 2012 calendar year, the Distriet shall contribute to CalPERS on behalf of Mr. Oakley, or reimburse Mr. Oakley for the sum representing the amount previously withdrawn from CalPERS member contributions in an amount that will be determined by CalPERS. This amount has not yet been paid or reimbursed to Mr. Oakley by the District and is still required. 14. Annual Evaluation. A ‘The Board of Trustees shall evaluate and assess, in writing, the performance of the Superintendent-President at least once cach fiscal year, and will complete the formal evaluation by July of each year of this Agreement, qa) An informal evaluation/assessment should be completed by January of each year during this Agreement, and more often if the Board of Trustees determines to do so. Q ‘The Board of Trustees and the Superintendent-President shall meet in closed session as necessary to review and discuss the Superintendent- President's informal evaluation/assessment and his annual evaluation. ‘The Superintendent-President’s written annual evaluation shall be based upon the Superintendent-President’s annual priority goals and performance objectives, including the three significant goals under the incentive program, and his own personal performance under this Agreement, Annually, and prior to the first regular Board meeting in June 2014, the Superintendent-President shall provide to the Board of Trustees his own self- evaluation and accomplishments regarding the Superintendent-President’s annual goals and performance objectives for that fiscal year. This submittal shall include any additional information if requested by the Board of Trustees and such additional information the Superintendent-President believes pertinent to his annual evaluation, ‘The Board of Trustees will, in turn, review the evaluation materials, meet with the Superintendent-President in closed session to discuss his evaluation, and conduct15. 16. such closed session meetings as necessary with the goal of completing the Superintendent-President’s annual evaluation by July of each year, All Board evaluations of the Superintendent-President will be placed in a scaled envelope and maintained in the Superintendent-President’s personnel file marked “Confidential,” only to be opened upon authorization of the Board of Trustees. A copy of cach final evaluation will also be provided to the Superintendent- President. ‘The lack of an annual evaluation or completion thereof shall not operate to extend the term of this Agreement, nor shall this be deemed to constitute a breach of this Agreement. Extension of Agreement. By December 31st of the second year of this Agreement, the Board of Trustees may extend the term of this Agreement. ‘Termination. This Agreement may be terminated prior to its expiration date by any of ‘the following events: A B. By mutual agreement, at any time. ‘The Superintendent-President may terminate this Agreement by giving the Board of Trustees sixty (60) days advance written notice to the Board, or as otherwise mutually agreed by both parties. Retirement or death of the Superintendent-President. Continued physical or mental incapacity of the Superintendent-President which renders him unable to perform his duties and responsibilities under this Agreement for a period of four (4) or more months. For cause, the Board of Trustees may terminate this Agreement at any time for the following reasons: (1) if the Superintendent-President has materially breached any of the provisions of this Agreement; or (2) any grounds for termination enumerated in the Education Code for community college personnel. Prior to exercising the option to terminate this Agreement for cause, the Board of Trustees shall give the Superintendent-President written notice of its intention, with a statement of the specific acts or omissions which give rise to the proposed action, No action shall be taken on @ proposed termination for cause until the Superintendent-President has had an opportunity to meet with the Board of Trustees in closed session to be heard by way of explanation or defense, The Superintendent-President and the Board of Trustees may be represented by counsel, at each party's own expense, During this closed session, the Superintendent-President shall have an opportunity to present information to theBoard in defense of his position that this Agreement should not be terminated. ‘The Board of Trustees shall render a final decision concerning termination within thirty (30) days of meeting with the Superintendent-President in closed session. ‘The Board of Trustees shall notify the Superintendent-President in writing of its decision and the seasons therefor. All notices under this section shall be personally delivered to the Superintendent-President or sent to him via United States Certified Mail, Return Receipt Requested. Notwithstanding any other provision of this Agreement, the Board of Trustees, in its sole discretion, shall have the right to terminate this Agreement and the Superintendent-President’s employment without cause, upon giving thirty (30) days written notice to the Superintendent-President of the termination of this Agreement pursuant to this subparagraph. If the Board of Trustees elects this ‘option, the Superintendent-President may be placed on paid administrative leave for the 30-day period. Thereafter, the District shall pay the Superintendent President a one lump sum severance payment, less applicable taxes, within sixty (60) days of giving written notice of termination without cause, an amount equal to: (i) the balance of the salary (paragraph 4.A.) for the remainder of the term of this Agreement; or (ji) an amount equal to the monthly salary (paragraph 4.A.) multiplied by 18 whichever amount is lesser, plus payment for acorued, but ‘unused, vacation up to the date of termination of employment. The payment for unused vacation shall be at the Superintendent-President’s daily rate in effect on the date of termination of employment, ie. the 31st day from giving the notice of termination without cause to the Superintendent-President. ‘The calculation for purposes of the lump-sum payment shall be the monthly salary only (paragraph 4.A,) in effect on the date of the notice of termination, and exclusive of all other payments, including but not limited to, contributions to CalSTRS or CalPERS, whichever is applicable, the automobile allowance, and any other expense reimbursements or payments on behalf of the Superintendent-President. In addition, the health and welfare benefits under paragraph 8 will be maintained by the District for the Superintendent-President, his spouse, and eligible dependents for 12 months from the giving of such notice or until the Superintendent-President would be entitled to medical insurance benefits with another employer, or is otherwise self-employed, whichever occurs first. It is understood that this paragraph is intended to satisfy the requirements of California Government Code §53260. Furthermore, it is understood that no additional notice of non-renewal of agreement, per paragraph 17, is required if the Board of Trustees should exercise the option to terminate without cause per this subparagraph. Upon the giving of notice to the Superintendent-President, all present and future employment obligations to Mr. Oakley shall cease, other than with respect to the payments and providing health and welfare and insurance benefits to Mr. Oakley pursuant to this paragraph and it is expressly agreed and understood that Mr. Oakley has no “retreat rights” to any other position in the District. In addition, should such notice be given, then during the initial 30-day period, the Superintendent President shall return all District property and equipment to an employee designated for this purpose. In the event that the Superintendent-President’s employment expires or is terminated for any reason other than those causes specified in paragraph 16. A,B,C, D, Bor F of this Agreement, the Superintondent-President shall have the right to become a full-time faculty member pursuant 10 Education Code §87458, provided that the Board determines that the Superintendent-President meets the minimum qualifications for employment as a faculty member, including, but not limited to, the completion of at least two years of satisfactory service in the District. It is stipulated between the parties that Mr. Oakley has already satisfied the requirement of at least two years of satisfactory service in the District. (1) Should the Superintendent-President accept the reassignment prior to the expiration of this Agreement, the Superintendent President shall continue to receive his annual salary per paragraph 4.A. of this Agreement for the unexpired term of this Agreement. (2) Upon reassignment and the expiration of the term of this Agreement, itis, agreed and understood that Mr. Oakley's salary placement as a faculty member shall then be on the faculty salary schedule in effect on July 1 of that fiscal year, To determine future faculty salary placement, itis agreed that placement would have been on Schedule 1, Scale C, Step 9 on July 1, 2006, and that all subsequent academic years of satisfactory administrative service will be credited for placement on the salary schedule, (3) Mr. Oakley's future status as either a contract (probationary) or regular (tenured) faculty member shall be determined by (1) the number of complete academic years of satisfactory service he has completed commencing July 1, 2006, and (2) the requirement of serving four complete academic years in order to receive regular (tenured) status as a faculty member. Hence, by way of example, Mr. Oakley's satisfactory service as of June 30, 2010, shall be deemed to constitute four complete academic years of satisfactory service, thereby granting status to Mr. Oakley as that of a regular (tenured) faculty member effective July 1, 2010. ‘Non-Renewal of Agreement and Notification of This Provision. A If the Board of Trustees determines, per Education Code §72411(b), not to renew this Agreement beyond its current term, including any extension thereof, the Superintendent-President shall be given a minimum of six (6) months advance written notice before the end of the term of this Agreement, including any extension thereof, Consequently, should notice of non-renewal be given, then at the conclusion of the term of this Agreement, including any extension thereof, all of the obligations of the District and the Board of Trustees to employ Mr. Oakley shall cease. Itis the obligation of the Superintendent-President to notify the Board of Trustees in writing of the provisions of this paragraph 17 in the seventh month before the expiration of this Agreement, including any extension thercof. (By way of example, if the term of the Agreement ends December 31st, then the Superintendent-President shall notify the Board of Trustees of this paragraph before the previous June Ist, and in case the Board should elect to give notice of18. 19. 20, non-renewal of this Agreement, then such notice would need to be given to the Superintendent-President before July Ist.) C. If timely notice of non-renewal by the Board of Trustees is not provided to the Superintendent-President, then it is hereby stipulated that this Agreement shall be automatically renewed for one additional year only on January Ist, and for the same compensation that was in effect during the prior year, unless otherwise mutually agreed in writing between the parties. In accordance with the provisions of Government Code §3511.2, no automatic cost-of living-adjustment can be paid during the extension of one additional year under this provision (17. C.) that exceeds the cost-of-living-adjustment provided in Government Code §3511.1(b). Defense_and Indemnification, The District shall defend and indemnify the Superintendent-President against any and all loss or damage he may suffer as a result of any claims, damages, costs or judgments against him ftom any individual or entity, while acting within the scope of his employment. Applicable Law, This Agreement is subject to all applicable laws of the State of California, rules and regulations of the Board of Governors, and the bylaws, policies, rules and regulations of the District and its Board of Trustees. Resolution of Disputes, Binding Arbitration, The following binding arbitration provisions shall apply to any controversy, dispute or claim arising out of or in connection with the Agreement for Employment of Superintendent-President between the Board of Trustees of the Long Beach Community College District and Mr. Eloy O. Oakley, including any amendment thereto, termination of employment with the District or non- renewal of employment. ‘A. Controversy, Dispute_or Claims Covered by this Agreement, To the maximum extent permitted by law, the District and the Superintendent-President mutually agree that any controversy, dispute, or claims arising out of or relating to this Agreement or breach thereof. shall be resolved through arbitration administered by JAMS pursuant to its Employment Arbitration Rules and Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Faimess. The claims covered by this Agreement include, but are not limited to, claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, sexual harassment, or any type of unlawful harassment, religion, national origin, age, marital status, medical condition, disability or sexual orientation); claims for wrongful termination in violation of public policy; and claims for violation of any federal, state, or other governmental law, statute, regulation or ordinance, including, but not limited to, all claims arising under Title VII of the Civil Rights Act of 1969, as amended, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, the California Department of Fair Employment and Housing Act, applicable provisions of State law, including the California Education Code, Government Code, Labor Code, Title 5 of the California Administrative Code, or District bylaws, policies, rules and regulations. 10Claims Not Covered by the Agreement. Claims the Superintendent-President may have for workers’ compensation, unemployment compensation benefits or wage and hour claims within the jurisdiction of the California Labor Commissioner are not covered by this Agreement. Notwithstanding the fact that the Superintendent-President is not required to arbitrate such claims, he may, if he so chooses, submit wage and hour claims to binding arbitration pursuant to this Agreement. Timely Required Notice of all Claims; Waiver of Statute of Limitations. The District and the Superintendent President agree that the aggrieved party must give written notice of any claim to the other party within one year of the date that the aggrieved party knew or should have known that he or it possessed a claim against the other party. The District and the Superintendent-President each knowing and voluntarily waive the application or benefit of any and all statutes of limitations of longer duration than one year. Written notice to the District and its Board of Trustees shall be sent in care of the Superintendent-President of the Board of Trustees, Long Beach Community College District, 4901 East Carson Street, Long Beach, California, 90808. The Superintendent President will be given notice at the last address recorded in his personnel file or such other address as the Superintendent-President may provide to the District from time to time following the date of this Agreement by a writing specifying that it is the address for notice under this Agreement. The written notice shall identify and describe the nature of all claims asserted and detail the facts upon which such claims are based. ‘The notice shall be sent to the other party by certified or registered mail, return receipt requested. Arbitration Procedures; Venue. The District and the Superintendent-President agree that, except as provided in this Agreement, any arbitration shall be conducted by the then-prevailing JAMS Employment Arbitration Rules and Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Faimess (“Arbitration Service”). The arbitration shall take place in the office of the Arbitration Service located in Los Angeles County, California, unless the parties mutually agree to conduct the arbitration in a different location. The arbitrator shall be selected by the mutual agreement of the parties. If the parties cannot agree on a neutral arbitrator, the Superintendent. President first, and then the District, will alternately strike names from a list of no less than seven names of persons highly experienced with employment disputes provided by the Arbitration Service until only one name remains. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, ‘The arbitrator shall not apply the applicable statute of limitations to any claim, but rather, shall apply the one-year claims requirement in accordance with paragraph 20.C. of this Agreement, The arbitrator shall issue @ written opinion, including findings, and award, which shall be signed and dated. The arbitrator shall be permitted to award those remedies that are available under applicable law. The anbitrator’s decision regarding the claims shall be final and binding upon the u2. 22. 23. parties. The arbitrator's award shall be enforceable in any court having jurisdiction thereof. E. Acknowledgment _of Jury Trial Waiver. The Superintendent-President understands that, by this Agreement, he is waiving his right to have a claim adjudicated by a court or jury. Any party may be represented by an attorney or other representative selected by the party. F. Arbitration Fees and Costs; No Attorney's Kees. The Superintendent-President will be required to pay an arbitration fee to initiate the arbitration equal to what he would be charged as a first appearance fee in court. The District shall advance the remaining fees and costs of the arbitrator. The arbitrator's award in any arbitration brought pursuant to the provisions of this Agreement shall not provide for or award the prevailing party attorney's fees, costs or expenses relating to such action, unless the award of reasonable attomey’s fees is expressly authorized by statute. Thus, no attorney's fees, costs or expenses shall be awarded to either party with respect to any action to enforce this Agreement or alleging breach of this Agreement by the other party. G. Requirements for Modification or Revocation. This Agreement to arbitrate shal] survive the termination of the Superintendent-President’s employment with the District. It can only be revoked or modified by a writing signed by the parties that specifically states an intent to revoke or modify this Agreement. H. — Consideration. ‘The Superintendent-President understands that the provisions for severance pay and health benefits as set forth herein and his continued employment with the District are consideration for his acceptance of these arbitration provisions. In addition, the promises by the District and by the Superintendent-President to arbitrate claims, rather than litigate them before courts or other bodies, provide consideration for each other. No Attorney's Fees. Neither party shall be entitled to, nor awarded any attomey’s fees perlaining to this Agreement, including but not limited to, any administrative or legal proceeding arising out of the enforcement or challenge to this Agreement. In this regard, it is agreed and understood that each party shall bear his or its own attomey fees, costs and expenses and shall not be entitled to any claim for reimbursement from the other party. Savings Clause, If any of the provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction inclusive of appeals, if any, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions of this Agreement shall continue to remain in full force and effect. General Provisions. A. Governing Law. This Agreement, and the rights and obligations of the parties shall be construed and enforced in accordance with the laws of the State of California, Venue shall be in Los Angeles County, California,24. L Entire Agreement. This Agreement contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation, express ot implied, not contained in this Agreement. No Assignment. The Superintendent-President may not assign or transfer any rights granted or obligations assumed under this Agreement. Modification. This Agreement cannot be changed or supplemented orally. It may be modified or superseded only by a written instrument executed by both parties. Exclusivity. To the extent permitted by law, the parties intend and agree that the employment relationship between the District and the Superintendent President shall be governed exclusively by the provisions of this Agreement. Construction, This Agreement shall not be construed more strongly against cither party regardless of which party is responsible for its preparation. Board Approval. The effectiveness of this Agreement shall be contingent upon approval by the District’s Board of Trustees. Execution of Other Documents. The parties shall cooperate fully in the execution of any other documents and in the completion of any other acts that may be necessary or appropriate to give full force and effect to this Agreement. Independent Review. The Superintendent-President has had the opportunity to obtain independent legal or other professional advice with regard to this Agreement, and the consequences thereof, including tax and retirement consequences. Mutuality. This Agreement is deemed to have been jointly drafted by the parties. ‘Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party. Binding Effect. This Agrecment shall be for the benefit of and shall be binding upon all parties and their respective successors, heirs, and assigns, and the current and future Board of Trustees. Reimbursement of Severance. In accordance with Califormia Government Code. §53243.2, iff this Agreement for Employment is unilaterally terminated, any severance pay related to the termination that the Superintendent-President may receive from the District shall be fully reimbursed to the District if the Superintendent-President is convicted of 2 crime involving abuse of office or position. In such case, this statutorily required reimbursement shall be paid by the Superintendent-President to the District in full within thirty (30) days of such conviction, whether or not the conviction is appealed. Complete Agreement. This Agreement is the full and complete contract for employment between the Board of Trustees of the Long Beach Community College 13District and Mr. Eloy ©. Oakley. Any amendments, modifications or variations from the terms of this Agreement shall be in writing and shall be effective only upon approval of such amendment, modification or variation by the Board of Trustees and the ‘Superintendent-President. IN WITNESS WHEREOF, the parties hereto have duly approved and executed this Agreement on the day and year first written above. BOARD OF TRUSTEES OF THE brit atei nat aaaay ie Raoesa DISTRICT ACCEPTANCE: Thereby accept the foregoing Agreement for Employment of Superintendent-President ‘and agree to perform faithfully all of the duties and responsibilities of employment as the ‘Superintendent-President of the Long Beach Community College Bistyict. Date: July 23, 2013 ELOY 0. OAKLEY APPROVED AS TO FORM: Date: July 23, 2013 (CER E, COVERT ‘& COVERT LLP eys for the Long Beach Community College District 14