AGREEMENT
This Agreement is entered into as of the ____ day of ___________, 2019, by and
between the Board of Trustees of Community College District No. 508, County of Cook, State of
Illinois (“Board” or “District”) as employer, and Kimberly Hollingsworth as employee
(“Employee” or “President”).

RECITALS
WHEREAS, on the 6th day of June 2019, the Board adopted a resolution approving the
nomination of Employee as President of Olive-Harvey College of Community College
District No. 508 (“District”);
WHEREAS, the Board and the Employee desire to enter into an employment agreement
setting forth the terms and conditions of her employment as President of Olive-Harvey
College;
NOW, THEREFORE, in consideration of the mutual promises contained in this
agreement (“Agreement”), the receipt and sufficiency of which are hereby acknowledged,
it is mutually agreed between the Board and the Employee as follows:
Section 1.
1.1

Section 2.

Entire Agreement.
It is expressly understood that this Agreement is the entire Agreement between
the parties, and there is not an Agreement or understanding between Employee
and the Board except as set forth herein. This Agreement reflects the Board and
Employee’s understanding of current state law respecting the appointment, duties,
compensation and termination of the Employee. The Agreement may only be
amended by written agreement signed by both parties. No modifications or
amendment of this Agreement will be deemed valid unless in writing properly
approved and authorized by the Board Chair and signed by the Employee.
Term.

2.1.1

The term of employment shall commence on July 1, 2019, (the “Effective Date”),
and shall continue until June 30, 2022 (the “Term”), unless terminated by either
party in accordance with the provisions set forth in Section 4 below, or until
earlier termination by the event of the death of Employee. For purposes of this
Agreement, the terms “anniversary date” and “anniversary” shall be deemed to
correspond with the start of the employer’s fiscal year on July 1 for each year, and
the “Contract Year” shall refer to each successive one (1) year period from the
Employee’s anniversary date.

2.1.2

Unless the Agreement is terminated earlier in accordance with Section 4 below,
this Agreement shall terminate upon its expiration date unless the Board or
Employee shall notify the other in writing no later than six (6) months prior to the

  

expiration of the Term that it or she desires to enter into a successor employment
Agreement or extended Agreement for another one (1) year period. Upon receipt
of such notification, the other Party shall respond in writing by stating whether it
or she also desires to enter into a successor employment Agreement or to extend
the Agreement. If both Parties so mutually desire, then the Parties shall meet to
discuss the terms of a successor or extended Agreement, which terms shall be
agreed to no later than five (5) months before the expiration of the Term, or the
Agreement will terminate upon its expiration date and will neither be replaced by
a successor agreement nor continued. The aforesaid deadlines may be modified
or waived by the mutual, written consent of the Board and the Employee.
2.1.3

Any final action on the renewal, amendment, extension, or termination of this
Agreement will occur during an open meeting of the Board pursuant to 110 ILCS
805/3-70.

2.1.4

Nothing in this Agreement alters the employment-at-will status of the employee
under Board Rule 4.8.
Position and Salary.

2.2

During the term of this Agreement, Employee shall be employed by the Board in
the capacity of the President of Olive-Harvey College of the City Colleges of
Chicago. In this capacity Employee shall serve as an Officer of the District as set
forth in the Board Bylaws of the City Colleges of Chicago, Section 2.3. Employee
agrees that as a condition of employment she will reside within the City of
Chicago during the term of her employment.

2.3

During the term of this Agreement, and in consideration of the Employee’s
services as President of Olive-Harvey College, Employee shall be paid an annual
salary of $185,000.00 (“Base Compensation”), payable in accordance with the
payroll policies of the City Colleges of Chicago. Employee shall be entitled to
four (4) weeks of vacation annually during the term of his employment.

Section 3.
3.1

Benefits.
During the term of this Agreement, Employee shall be entitled to the usual and
customary benefits associated with the position of President including the fringe
benefits to which other Officers of the District and employees are entitled, as well
as participation in the State University Retirement System, participation in the
District’s 403(b) plan, participation in the District’s long-term disability plan and
reimbursement for other usual and customary business expenses incurred in the
exercise of her duties as President.

  

Section 4.
4.1.

Termination.
By Employer.
The Board may terminate the Employee’s employment at any time immediately
and without notice.

4.2.

Section 5.
5.1.

Employee may resign her employment upon sixty (60) days written notice to the
Board. The Board in its sole discretion may accept Employee’s resignation upon
written notice less than sixty (60) days.
Event of Termination.
If Employee's employment is terminated by the Board or any reason, or by reason
of death or permanent disability of the Employee, or by reason of the expiration
of the Term of the Agreement, then Board shall pay or provide to Employee: (i)
any Base Salary earned through the date of termination, unpaid expense
reimbursements and unused vacation that accrued through the date of termination;
and (ii) any vested benefits Employee may have under any employee benefit plan
of the employer through the date of termination, which vested benefits shall be
paid and/or provided in accordance with the terms of such employee benefit
plans. These payments and benefits shall not be subject to mitigation or offset.
The Board’s decision to terminate this Agreement in accordance with this
paragraph does not obligate the Board to pay any severance compensation to the
Employee upon termination.

Section 6.

Public Notice.

6.1

Public notice must be given prior to the final action by the Board on the
formation, renewal, extension, or termination of the Agreement and must include
a copy of the board item or other documentation providing, at a minimum, a
description of the proposed principal financial components of the Employee’s
appointment. Public notice must be given for the Agreement identifying the
action to be taken and including a copy of the Agreement with any addenda
pursuant to 110 ILCS 805/3-65.

6.2

The Board minutes, packets, and performance criteria relating to the Employee’s
contract or bonus must be posted on the District’s website pursuant to 110 ILCS
805/3-70.

Section 7.
7.1

Outside Employment.
During her employment, the Employee will devote substantially all of her
professional time, attention, skills, and energy to the performance of her
responsibilities as President of Olive-Harvey College. The Employee will

  

perform such responsibilities professionally, in good faith, and to the best of her
abilities.
7.2

Section 8.
8.1

Section 9.
9.1

Section 10.

Any outside employment, consulting, or volunteer work by the Employee must be
presented for approval to the Chancellor and, consistent with City Colleges’
policy regarding outside employment, must not interfere with or conflict with any
of the responsibilities of the President.
Mutual Non-Disparagement.
Neither the Board (including the individual Trustees) nor the Employee shall
make any oral or written statement about the other party which is intended or
reasonably likely to disparage the other party, or otherwise degrade the other
party’s reputation. In the event the Board, a Trustee, or the Employee violates
this provision, the other party may make truthful, fact-based statements in
response to the disparaging statement.
Arbitration.
Any dispute or controversy arising under or in connection with this Agreement
shall be settled exclusively by arbitration, conducted before a panel of three
arbitrators in Chicago, Illinois, in accordance with the rules of the American
Arbitration Association then in effect.
Severability

10.1

In the event that any provision of this Agreement should be adjudicated invalid,
illegal, or unenforceable in any respect, the validity, legality and enforceability of
the remaining provisions contained herein shall not in any way be affected or
impaired thereby.

10.2

The provisions of this Agreement are intended to be interpreted and enforced in a
manner which renders them valid and enforceable. In the event that any provision
of this Agreement is found to be invalid or unenforceable, such provision will be
modified to the extent and in the manner which a court of competent jurisdiction
deems reasonable, and thereupon enforced upon such terms. If any such
provision is not so modified, it will be deemed stricken from this Agreement
without affecting the validity and enforceability of any of the remaining
provisions hereof.

Section 11.
11.1

Choice of Law.
The laws of the State of Illinois shall govern the interpretation and enforcement of
this Agreement. The parties consent to jurisdiction and venue in Cook County,

 Illinois. All statutory limitations in effect during the time of the execution of the
Agreement are applicable.
Section 12.
12.1

Notices.

Any notice required pursuant to this Agreement shall be made in writing and
delivered certified mail, postage pre-paid, to the addresses, as shown below:
A.

Notices to the Board:
Board of Trustees
City Colleges of Chicago
180 North Wabash, Suite 200
Chicago, Illinois 60601
Attention: Chair of the Board of Trustees

B.

Notices to Employee:
Kimberly Hollingsworth

Either party may change the address to which any notice should be sent by giving
written notice of the new address to the other party.
Section 13.
13.1
Section 14.
14.1

Counterparts.
This Agreement may be executed by the respective parties in counterpart.
Agreement.
Except for the obligation as set forth under Section 5 above, this Agreement will
terminate upon the expiration of the Term of this Agreement.

  

So Agreed:
BOARD OF TRUSTEES OF COMMUNITY
COLLEGES, DISTRICT NO. 508:
____________________________
Walter E. Massey, Ph.D.

Date: _______________

EMPLOYEE:
_____________________________
Kimberly Hollingsworth

Date: ________________