TERMS OF AGREEMENT FOR SUPERINTENDENT SEARCH

♦ ♦ ♦ ♦ ♦

TERMS OF AGREEMENT FOR

SUPERINTENDENT SEARCH SERVICES

FOR THE

SECTION I

WHEREAS, the SCHOOL BOARD OF LEE COUNTY is desirous of obtaining professional services

and Ray and Associates, Inc., a consulting firm, is desirous of providing such services, and it is

agreed between the parties that the following terms and conditions shall be in effect:

RAY AND ASSOCIATES WILL:

1. Comply with all SCHOOL BOARD OF LEE COUNTY and State legal requirements.

2. Customize the search process to meet the needs and expectations of the SCHOOL

BOARD OF LEE COUNTY.

3. Conduct individual Board member interviews to assess the Board’s priorities, goals and

objectives to aid in the development of the criteria and qualifications for the

Superintendent position.

4. Work with the Board to establish a timeline that lists each step in the search process.

5. Discuss with the Board the requirements and salary range for the Superintendent

position.

A market analysis of superintendent pay across the state and across the

country, to include comparison to like-sized districts with similar demographics, will be

provided.

6. Work with the SCHOOL BOARD OF LEE COUNTY staff and those selected by the Board

in the development of an accurate informational flyer and approval of the online

application form.

7. If desired, provide a proven consensus building mechanism for obtaining input from

various constituencies, staff members, other stakeholders and the Board. In addition,

Leaders in Executive Searches

our firm has the resources to offer an online survey option. We will provide a link to

the survey to post on the SCHOOL DISTRICT’s website.

8. Provide the Board with cost saving options to minimize expenses by utilizing Skype,

conference calls or gotomeetings to reduce paper copies, travel expenses and shipping

costs.

9. Develop all required forms for the application and screening process.

10. Conduct all aspects of the recruitment process on a statewide, regional and national

basis as follows:

• Notify all associates to actively recruit potential candidates.

• Contact individuals in our firm’s database whose interests match the BOARD’s

criteria.

• Actively recruit applications from qualified individuals.

• Solicit nominations from knowledgeable people in the profession.

• Contact other professional consultants in private and public sectors.

• Discuss with all candidates the BOARD’s characteristics and the BOARD’s profile

and criteria for the new Superintendent position.

• Advertise nationally in the following as selected by the BOARD: AASA Website,

Education Week Newspaper and Website, Ray and Associates Website, the

Florida School Administrators and Florida School Boards Publications, The School

Administrator Publication, Executives Only Website and other publications

selected by the Board.

11. Develop and manage the candidate screening process. All applicants are screened

from the perspective of a viable match with BOARD criteria to determine their

capabilities, strengths and weaknesses. The search team thoroughly reviews each file

and seeks alignment of qualifications with BOARD expectations. Those who emerge

successfully from this screening are deemed viable candidates.

12. Check references provided and conduct additional background investigation of leading

candidates. The firm will interview each viable candidate that meets the BOARD’s

criteria and verifies their qualifications and experience. A check of a candidate’s work

history is also completed utilizing online resources such as Google, Yahoo, Facebook,

Twitter and other social media sources as well as checking for blogs.

13. Provide an impartial and objective consensus building matrix instrument developed by

Ray and Associates to assist the BOARD in determining the finalists for an interview.

14. Assist the BOARD in establishing the interview format and in developing interview

questions.

15. Determine and coordinate constituent and staff involvement in the interview process,

if desired by the BOARD.

16. Help arrange the details of interviews for leading candidates.

17. Provide the BOARD with criminal, civil litigation, social security, motor vehicle record

checks and verification of educational degrees for the top (2-3) candidates at no

additional fee.

18. Coordinate with the SCHOOL BOARD OF LEE COUNTY the procedures for

reimbursement of candidates’ expenses.

19. Assist the BOARD in negotiating the contract with the successful candidate at no

additional cost to the BOARD.

20. A copy of all documents produced during the search will be maintained in the Board

Office as they are generated or will be provided within 1 business day.

21. Send appropriate communications to the candidates not interviewed by the BOARD.

22. If desired, assist the BOARD in preparing a press release, upon request, announcing

the appointment of the new Superintendent.

23. Provide the Board with a report of the Board Self-Assessment Survey Results at no

additional cost.

SECTION II

GENERAL PROVISIONS

PUBLIC RECORDS

A. Ray and Associates, Inc. will comply with The Florida Public Records Act as follows:

1. Keep and maintain public records that ordinarily and necessarily would be required by

BOARD in order to perform the service.

2. Upon request by BOARD’s records custodian, provide BOARD with a copy of requested

records or allow the records to be inspected or copied within a reasonable time at a

cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as

otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public

records disclosure requirements are not disclosed except as authorized by law for the

duration of this Agreement.

4. Upon completion of this Agreement or in the event of termination of this Agreement

by either party, any and all public records relating to this Agreement in the possession

of Ray and Associates shall be delivered by Ray and Associates to BOARD, at no cost

to BOARD, within seven days. All records stored electronically by Ray and Associates

shall be delivered to BOARD in a format that is compatible with BOARD’s information

technology systems. Once the public records have been delivered to BOARD upon

completion or termination of this Agreement, Ray and Associates shall destroy any

and all duplicate public records that are exempt or confidential and exempt from public

record disclosure requirements.

5. Ray and Associates’ failure or refusal to comply with the provisions of this Section shall

result in the immediate termination of this Agreement by the BOARD.

IF RAY AND ASSOCIATES HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO RAY AND

ASSOCIATES’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS

AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-

461-8420, PublicRecords@leeschools.net OR BY MAIL: Lee County School

Board – Public Information Coordinator, 2855 Colonial Blvd., Fort Myers,

FL 33966.

B. Ownership of Documents: Unless otherwise provided by law, any and all reports, surveys,

and other data and documents provided or created in connection with this Agreement are

and shall remain the property of BOARD. Any compensation due to Ray and Associates

shall be withheld until all documents are received as provided herein.

SATISFACTION GUARANTEE

If the SCHOOL BOARD OF LEE COUNTY or Ray and Associates, Inc. terminate this agreement,

the SCHOOL BOARD OF LEE COUNTY will be charged for only the work performed and expenses

incurred up to the date of termination.

If the BOARD is dissatisfied with the Superintendent within two years from the date of

employment of the Superintendent, and if either party dissolves that relationship by resignation

or termination within a two-year period of the initial employment, the firm of Ray and Associates

will conduct a new Superintendent search at no cost to the BOARD, except for its out of pocket

expenses.

CONSULTANT FEE

The fee for the performance of the SCHOOL BOARD OF LEE COUNTY Superintendent search by

the consultant as provided in the proposal will be twenty-six thousand dollars ($26,000.00).

Any services requested by the BOARD after the new Superintendent is hired and the search is

closed, will be billed as an additional fee. This fee will be determined based upon the services

requested and agreed to prior to the services being rendered.

The Superintendent search fee shall be paid in three (3) installments; 1/3 of total fee is due upon

signing of the contract; 1/3 of fee is due at the time of the stakeholder meetings; and the final

1/3 of fee is due when the Superintendent is officially hired by the BOARD.

There is also no charge by Ray and Associates for the services to assist the Board in negotiating

a contract with the new superintendent and the development of the contract terms.

CONSULTANT REIMBURSED EXPENSES

Certain reasonable expenses, including travel, lodging, meals, shipping, and other search-related

expenses, are to be reimbursed by the BOARD. Said expenses will also be invoiced as they occur

and will include a detailed account listing of such expenses. There will be a $7,000 maximum

cap on said reasonable expenses. Anything over the cap will require the BOARD’S prior approval.