(Policy III.F.)

This agreement is made and entered into this _____ day of _____________________ by and between the GEORGIA DEPARTMENT OF TECHNICAL AND ADULT EDUCATION (hereinafter "Employer") and

(name)

(address)

(social security number)


(hereinafter "Employee") for employment as President of _______________________ ___________________________.

WHEREAS, Employer is responsible for the oversight and operations of postsecondary technical schools, public libraries, adult literacy programs, the "Quick Start" program and other programs and services pursuant to the Official Code of Georgia Annotated (O.C.G.A.) § 20-4-14 et. seq.; and

WHEREAS, ________________________ is a state postsecondary educational institution subject to the authority of Employer pursuant to O.C.G.A. § 20-4-14(b);

NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Employer and Employee agree as follows:

I. Employment: The Employer has offered employment and the Employee has accepted employment as President of ________________________ (hereinafter "School") of ____________ County, Georgia beginning _________________ and ending ___________________ at an annual salary of ___________________.

II. Salary: The annual salary specified in section I above shall be paid subject to adjustment according to the Policies of the State Board of Technical and Adult Education applicable to the classification and type of service to which the Employee has been assigned, without obligation by the Employer to make up any deficit beyond such sum as shall become uniformly applicable to all employees of the same group, classification, type, and length of service, as determined by any state or federal laws or regulations now or hereinafter in operation regarding the financing of public technical and adult education. The salary shall be subject to an adjustment on a pro rata basis for the number of days the Employee does not work during the term of the contract due to late employment, resignation, or Employee's absence when there is no accumulated and approved leave to cover such absence.

III. Scope of Contract: This contract covers the normal full-time workload for the President as defined by the Employer as of the execution date of this contract.

IV. Employee Obligations and Responsibilities:

A. Employee agrees to observe and obey such standards, policies, rules and regulations as may be put in force, from time to time, by appropriate lawful actions of either the School or the Employer. Employee acknowledges that he/she has read the policies of the Georgia Department of Technical and Adult Education, that he/she understands such policies, and that he/she agrees to be bound by the terms of such policies. Employee further agrees to execute and subscribe to such oath or affirmation of allegiance to the Governments and Constitutions of the United States and the State of Georgia as may be required or permitted by law.

B. Employee agrees to furnish to the Employer in writing and under oath such information (including medical information) as the Employer may reasonably and legally request from time to time pertaining to the Employee's competence and fitness to perform his or her assigned duties. If specific medical information is requested by Employer, Employee shall have the option to be examined by a physician of his or her own choice, approved in advance by Employer, or by a physician selected by Employer. In the event that the physician selected by Employee is not approved by Employer, then Employer shall select a physician. Employer shall pay the costs of such medical examination if such costs have been approved by Employer prior to their being incurred.

V. Termination of Contract

A. Termination Due to Lack of Funds: Notwithstanding any other provision of this contract, in the event any of the sources of funding for this contract (including, but not limited to, federal and/or state appropriations) is reduced or discontinued, Employer shall have the option, in its sole discretion, to terminate its obligations under this contract in whole or in part, such termination to be effective as of the date specified in the notice to the Employee.

B. Termination by Employer: This contract shall not be modified or terminated by Employer except as provided for by the policies of the State Board of Technical and Adult Education, as amended from time to time, which are incorporated by reference into this contract as if fully written herein.

C. Termination by Employee: This contract shall not be terminated by Employee without the written consent of Employer. In the event Employee does terminate this contract, whether by formal notice or by willful failure or refusal to continue duties without written consent, the Employer may pursue all legal and equitable remedies for breach of contract including but not limited to actual damages for failure to perform. Actual damages include, but are not limited to, cost of hiring replacement employee(s), advertising costs, court costs, and attorney's fees. In addition, Employer may bar Employee's eligibility for future employment at another technical college, at the Department's Central Office, or at any other State agency.

VI. Employee Certification: Employee hereby certifies that he or she is not under contract to any local board of education, Technical College, college or university of this or any other state. Employee further certifies that he or she is not under contract to the Georgia Department of Technical and Adult Education to be employed at any other Technical College, nor will he or she be employed by any other state agency during this contract period.

VII. Work for Hire Acknowledgement Without limiting in any way the effect of the work for hire provisions of the United States Copyright Act, 17 U.S.C. §§ 101, et seq., the parties to this Agreement hereby acknowledge that all works prepared by or contributed to by Employee by reason of or in connection with this Agreement, whether or not such works are provided by Employee to Employer, and all copies and versions thereof (hereinafter "Works"), will be prepared by or contributed to by Employee for, at the instigation and under the direction of Employer, and as an "employee" of "employer" within the "scope of employment" of Employee, and are to be considered by both parties as "works for hire." As used in this acknowledgement, all quoted terms are used as they are in the United States Copyright Act, 17 U.S.C. §§ 101, et seq., and as they have been interpreted by the courts of the United States. As a result, Employer, as the author of all such works, owns full and exclusive rights to the works in all media now in existence and all media now known or hereinafter created.

VIII. Assignment Without curtailing or limiting the aforesaid acknowledgment, Employee hereby assigns, grants and delivers (and agrees further to assign, grant and deliver) exclusively unto Employer all rights, titles and interests of every kind and nature whatsoever in and to all Works, including, but not limited to, all copyrights therein and thereto and all renewals thereof. Employee further agrees to execute and deliver to Employer, its successors and assigns, such other and further instruments and documents as Employer reasonably may request for the purpose of establishing, evidencing and enforcing or defending its complete, exclusive, perpetual and worldwide ownership of all rights, titles and interests of every kind and nature whatsoever, including all copyrights, in and to the Works, and Employee hereby constitutes and appoints Employer, as Employee's agent and attorney-in-fact, with full power of substitution, to execute and deliver such documents or instruments as Employee may fail or refuse to execute and deliver, this power and agency being coupled with an interest and being irrevocable.

IX. Miscellaneous:

A. Entire Agreement: This Contract, together with any documents incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior negotiations, representations or contracts.

B. Severability: Any section, subsection, paragraph, term, condition or provision or other part of this Contract which is judged, held, found or declared to be voidable, void, invalid, illegal or otherwise not fully enforceable shall not affect any other part of this Contract, and the remainder of this Contract shall continue to be of full force and effect as set out herein.

C. Waiver: The waiver by Employer of any breach of any provision contained in this Contract shall not be deemed to be a waiver of such provision on any subsequent breach of the same or of any other provision contained in this Contract, and shall not establish a course of performance between the parties contradictory to the terms hereof.

D. Amendments: No amendment of this Contract, or any of the terms or provisions hereof, shall be binding upon either party except by a writing executed by both parties.