INTERIM CHANCELLORS EMPLOYMENT CONTRACT

This Interim Chancellors Employment Contract (Contract) is entered into this 2nd day of April, 2013, between Pima County Community College District (the College), by its Governing Board (the Board), and Zelema Harris, Ed.D. (the Interim Chancellor). IT IS AGREED: 1. Employment and Term of Contract: The College agrees to employ Zelema Harris, Ed,D. as Interim Chancellor of the College for the period of time beginning April 14, 2013, and continuing through June 30, 2013 (the Initial Term). The College shall have the right to extend the Initial Term of this Contract as described in Paragraph 2 below. Notwithstanding the fact that this Contract commences on Sunday, April 14, 2013, the Interim Chancellors first day to report to work and first paid work day shall be Monday, April 15, 2013. Option to Extend Term: The College shall have the right to extend the Initial Term of this Contract to a date later than June 30, 2013, up to and including August 23, 2013 (the Extended Term). The Interim Chancellors salary and benefits for the Extended Term shall be the same as for the Initial Term, appropriately proportioned for the increased number of contract days. The College shall give the Interim Chancellor not less than fifteen (15) calendar days notice of the Colleges intention to change the termination date of the Contract to a date later than June 30, 2013, but prior to or on August 23, 2013. If the parties mutually desire to have Dr. Harris serve as Interim Chancellor for a period of time after August, 23, 2013, they may do so in one of the ways described in Paragraph 6 below. Duties: The Interim Chancellor shall be the Chief Executive Officer of the College, and her duties shall include: a. The duties set forth in the Chancellors job description and the requirements contained in other Board policies, procedures, and special practice guides as such job description and Board policies, procedures, and/or special practice guides may reasonably be amended from time to time; Obligations imposed by law; and,

2.

3.

b.

c.

Such other duties as from time to time may be assigned to the Interim Chancellor by the Board.

The Interim Chancellor agrees to devote such time, skill, labor and attention to this employment as is necessary to fully and faithfully perform the duties of Interim Chancellor during the term of this Contract.

-1-

4.

Salary: In consideration for performance of the above-described duties, the College agrees to pay to the Interim Chancellor a monthly base salary (Monthly Base Salary) of Twenty-six Thousand Four Hundred Seventeen Dollars ($26,417) per month during the term of this Contract. Monthly Base Salary payments shall be proportionately reduced for any partial month of employment, shall be proportionately increased if the College chooses to extend the term of this Contract past June 30, 2013, and shall be evenly proportioned and paid every two weeks as is customary at the College. Benefits: Other than as expressly set forth in this Paragraph 5 or as expressly provided elsewhere in this Contract, the parties agree that the Interim Chancellor shall be provided the same benefits as are provided to executive level College administrators. Exceptions to the above include the following: a. The College shall pay the cost of housing for the Interim Chancellor during the term of this Contract. As used in this Contract, the term housing means living quarters similar to an Embassy Suites hotel room with kitchenette. The College-provided housing shall, to the extent reasonably possible, be located relatively close to the Colleges administrative offices at 4905 East Broadway Boulevard, Tucson, Arizona. The College shall pay the cost to rent or lease a mid-size automobile for the Interim Chancellors business and personal use in Arizona during the term of this Contract. The Interim Chancellor shall be responsible for the costs of fuel and any required maintenance for the automobile that is provided. The Interim Chancellor agrees to comply with the terms of the rental or lease agreement and shall maintain such automobile in the same condition as received, reasonable wear and tear excepted. The Interim Chancellor shall maintain automobile insurance coverage covering her personal use of the rented or leased vehicle. The College shall pay to the Interim Chancellor, and/or shall reimburse the Interim Chancellor for, the cost of the Interim Chancellors travel, via commercial airline carrier, coach class seat, as follows: i. For one-way travel from her home in Decatur, Illinois, to Tucson, Arizona, to commence her employment with the College on or around April 14, 2013; For one-way travel from Tucson to her home in Decatur, Illinois, upon the termination of the Interim Chancellors employment with the College (regardless of whether such termination occurs on June 30, 2013, on August 23, 2013, or on some date between these two); For round-trip travel from Tucson to her home in Decatur, Illinois, and her later return to Tucson on two occasions during the Initial Term of this Contract, and if the Contract is extended by the Board, on two additional occasions during the Extended Term. Any payment and/or reimbursement of airfare by the College pursuant to the terms of this subparagraph 5(c) shall be subject to the limitations -2-

5.

b.

c.

ii.

iii.

iv.

and conditions set out in A.R.S. 15-342(5). The Interim Chancellor shall inform the College sufficiently in advance of any planned air travel to allow the College to obtain a reasonably priced airfare for such travel. d. The College shall supply to the Interim Chancellor, during the term of this Contact, a College laptop computer and a cell phone for her business use. The Interim Chancellor agrees that she shall restrict use of these items to business use and shall not use such items for personal use. The College shall reimburse the Interim Chancellor for the cost of any professional liability insurance that she procures that covers some or all of the term of this Contract, subject to a maximum reimbursement of Two Thousand Dollars ($2,000). The Interim Chancellor shall waive group health insurance coverage and asserts that she has and will continue to maintain during the term of the Contract adequate health insurance coverage from a source other than the College. The Interim Chancellor shall be reimbursed for travel, meal and lodging expenses in connection with any work-related travel undertaken during the term of this Contract that is approved in advance by the Board. Reimbursement of such expenses is subject to the limitations and conditions set out in A.R.S. 15-342(5).

e.

f.

g.

6.

Arizona State Retirement System: The Interim Chancellor agrees not to work for any other Arizona public entity subject to the Arizona State Retirement System (ASRS) during any fiscal year (July 1 to June 30) where during any portion of that fiscal year she works for the College. Because of this agreement and the fact that the maximum term of this Contract, even if extended as provided in paragraph 2, is for less than twenty (20) weeks, the Interim Chancellor shall not become a member of the ASRS by reason of her employment with the College pursuant to this Contract. This in turn means that there shall be no withdrawal for ASRS contributions from the Interim Chancellors salary payments and the College will not be required to make matching contributions from its own funds. If the parties later mutually desire to have the Interim Chancellor serve as the Colleges Interim Chancellor past August 23, 2013, they may, by mutual agreement, either (a) arrange to contract with an company that supplies the Interim Chancellor to the College as a contract employee, or (b) extend this Contract and have the Interim Chancellor remain a College employee, with the knowledge that extending this Contract will result in the Interim Chancellors becoming a member of the ASRS, with the accompanying financial consequences that follow from such occurrence. Indemnity: The College shall defend, hold harmless, and indemnify the Interim Chancellor from any and all demands, claims, suits, actions, and legal proceedings brought against the Interim Chancellor in her individual capacity, or in her official capacity as agent and employee of the College, provided the incident arose while -3-

7.

the Interim Chancellor was acting within the scope and course of her employment with the College. Notwithstanding the above, this hold harmless and indemnification clause shall not apply to any demand, claim, suit, action or legal proceeding where the interests of the Board or College are adverse to the interests of the Interim Chancellor. 8. Arizona Law Governs: This Contract shall be governed in accordance with the laws of the State of Arizona. Speaking Engagements: The parties acknowledge that the Interim Chancellor has up to four previously scheduled speaking engagements outside of Tucson, Arizona, that will occur during the term of this Contract. The Interim Chancellor shall not be required to cancel or modify the times, dates, and/or location of these speaking engagements and reasonable arrangements will be made to allow her to maintain her prior commitments in this regard. Nothing in this paragraph is intended to suggest that the College is responsible for travel and/or other costs associated with such speaking engagements. Integration, Attorneys Fees and Headings: This Contract contains all of the terms agreed upon by the parties and it supersedes all prior agreements, arrangements and communications between the parties, whether oral or written. If either party is required to commence litigation to enforce the terms of this Contract, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs. In this Contract, paragraph headings have been inserted for convenience of reference only, and if there is any conflict between the headings and the text of the Contract, the text shall control.

9.

10.

This Contract was approved by the Governing Board at an open meeting held on April 2, 2013. Zelema Harris, Ed.D., Interim Chancellor ________________________________________ (Signature of Interim Chancellor) _____________ (Date)

GOVERNING BOARD OF PIMA COUNTY COMMUNITY COLLEGE DISTRICT BY: Dr. Brenda Even, Governing Board Chair ________________________________________ (Signature of the Chair of the Governing Board) ATTEST: David Longoria, Governing Board Secretary ________________________________________ (Signature of the Secretary of the Governing Board) ______________ (Date) ______________ (Date)

-4-