Contract of Jordan Elbridge Interim Superintendent Larry Zacher

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    EMPLOYMENT AGREEMENTThi s Ag reement is made as of th e 5th day of overnber. 2010. between the Board

    of Education of the Jordan-Elbridge Centra l School Di strict (he reinafter referred to as the"Di strict") and La wrence J. Zacher, re siding at 10 Crown Lane. Whitesboro, New York13492 (hereinafter referred to as the " Inter im Superintende nt").

    RECITALS:

    WHEREAS, the parti es hereto des ire to enter into a written Agree me nt whe rebythe Di strict w ill agree to appoint Lawrence J. Zacher as Inter im Su pe rin tendent ofSchoo ls for a period beginning November 8, 20 10, and terminating with the effec ti vedat e of the em ployment of a permanent Superintendent on or about June 30. 20 11. unl essea rli er terminated, and the Inte rim Superintendent will perform all of the se rvices andduti es pertinent to the functions of the pos iti on of Superintendent of School s within theSc hool District ; and

    WHEREAS, the Interim Superintendent wi shes to provide hi s se rvices 10 theDistr ic t;

    NOW, THEREFORE, it is hereby agreed by and betwee n the parti es thereto asfollow s:

    I . Otl'cr and Acceelance of Aep-ointment and Duties. Th e Boa rd here byappoi nts and the Interim Superintendent hereby accepts the appointment as InterimSuperintendent of Schoo ls and agrees to devote hi s time, energy and attenti on to thebus in ess of the Di strict, and to perform to the be st of hi s abi li ty a ll of the duties o f suchoffice as arc more fully set forth in Section 17 1J of the Edu ca tio n Law of the State of

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    New Yo rk .Th e Interim Sup erintend ent further agrees that he s ha ll be under th e direction an d

    cont rol of the Board of Education, whi ch shall from time to time presc ri be such oth erdut ie s as it may determine. Fu rt her, the Inter im Super intendent recognizes that he shallfu lfill a ll those duties and functi ons required to ensure sound fisca l and educationalma nagement of th e Di stri ct.

    The Interi m Superintendent warrants and represents that he possesses a va lidcertificate to act as a Super intendent of Schools in the State of New York du ring the termof the employment with the Distric \.

    Consistent with and pursuan t to Education Law Section 2 (5) (a) the Inte rimSuperintendent sha ll cooperate full y with any distingui shed educator(s) appointed by theCommissioner of Ed ucation.

    2. Per Diem Salary. The Di strict agrees to pay th e Int erim Su perintend entthe sum of $600.00 per day pills retirement. i f required by law, and soc ial sec uritybenefi ts pe r day for each day of se rvice rendered to the school di stri ct. The InterimSuperintendent shall not be entitled to any employee be nefits, including health insuranceor other insuranc e coverage norma ll y provided to o ther admini strators in the Di stri ct, norto any paid sick, or family illness leave, pe rsonal leave days or bereavement days.

    3. Sala ry Payments and Deductions. Salary pay ments w ill be subjec t tofedera l and state withholding and FICA con tribution. Payment sha ll be made on apayro ll basis on regular Di strict payroll dales, to the exten t possible. The Di strictSuperintend ent of Schools (or Di strict Clerk ) sha ll file a request with the NYSTRS for awaiver of its provisions, whi ch mi ght otherwise resu lt in a reduc tion in , or loss ofeligibili ty for retireme nt bene fi ts due to the Interim Superintendent' s employment by the

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    District

    4. Personal E x s e The Interim Sup erintend ent wi ll be responsibl e forhi s ow n normal liv ing costs du ri ng th e term of th is Agreement

    S. Reimbursement of Business Exnenses an d Trave l. The Distri ct agreesto re imburse the Interim Superintendent for reasonable and normal expenses in curred inth e perfo rm ance of the duti es of Interim Sup erintendent of Schools upon submission ofappropriate c1 Clims and approva l th ereof. Mileage for th e use of th e InterimSuper in tendent's personal ve hicle for school dist rict bu si ne ss shall be at the same ra tepaid to other administrators. Reimburse ment or payment for ove rni gh t trips orconfere nces must rece ive the pri or app rova l of th e Presid ent of th e Board of Educat ion.The Interim Superintendent shall be a llowed to use a school di st rict provided au tomobilefor trave l on school district business , if avai lable. Reimbursement for travel between hi sperm anent res idence and the Jordan-Elbridge School District shall be limited to oneround trip per week. Mileage sha ll be at the federally approved IRS rate.Reimbursement for attend ance at othe r ove rn ight tri ps or conferences must rece ive priorapproval of th e pres id ent of the Board of Educa tion.

    The Board addi tionally ag rees that the In terim Super intendent will be authorizedto attend the Mid-Winter NYCOSS State Conference and to pay his expenses related totravel, mea ls, room and reg istration fees assoc iated with his attendance at the conference.

    6. Holiday s an d Paid Leave Days. The Interim Superintendent shall beentitled to paid holidays that occur during hi s term of employment normally received byother District administrators. The Interim Superintendent sha ll rece ive one (I) paid leaveday for eac h month of service. Unused days shall tenn inate wi th the terminat ion of th is

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    Agreement and the Interim Superintendent shall not be entitl ed to pay for unused day s.

    7. Term of Services and Termination. The term o f this agreement may beterminated sooner or extended upon mutual agreemen t of the parties but in no event shallthc term extend beyond the effe ctive date of appointment of a permanent Superintendentof Schools. The expected expiration of this agreement is on or about June 30, 2011.Further, this agreement may be term inated by either party for any reason with or withoutcause upon ten (10) calendar days written notice to the other. In such eve nt . the Di strictwill ha ve no obligation for sa lary, benef its or reimbursement of expenses beyond theeffect ive date of terminati on of lhi s Ag ree ment.

    8. t\nplicable Law. This agreement is subject to all applicable laws, rul es.regu la tions, decisions and any final binding order of the courts or the Commissioner ofEducation, which may impact its lenl1s. The invalidity or unenforceability of any portionhereof shall in no way affect the validity or enforceability of any other provision.

    9. Referral of Concerns. The Board, indi vidually and co llectively, willpromptly refer to the Interim Superintendent in writing, for his consideration allcriticisms, complaints, suggestions, communications or comments regarding theadministration of the District or the Interim Superintendent'S performance of hi s duties.

    10 . Indemnification. The Di stri ct agrees to ind em nify and ho ld the Inter imSuperintendent harmless durin g the term of hi s employment as Int erim Super intend ent tothe full ex tent provided by th e Education Law.

    II . Co mu1ctc Agreement. This in strument represents the sole Agreement

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    between the part ies hereto. and ma y not be amended except by a further Agree ment inwriting duly adopted and signed by both part ies.

    IN WITNESS WHEREOF. the parti es here to have set their hand and seals as ofth e day and year first above written.

    BOARD OF EDUCATIONOF THE ,JORDAN-ELBRIDGECENTRAL SCHOOL DISTRICT

    0 ~ / { J L Maryiy, dPres lBoa rd of EducationB

    nterim Superintend ent

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    ACKNOWLEDGEMENTS

    8TATE OF NEW YORK )) SS.:COUNTY OF ONONDAGA )

    On th is of ov emb er, 20 10. before me came MARY ALLEY , to meknown who, being by me dul y swo rn , did depose and say that she is the Pre sident of theBoard of Education orth e Jordan -E lbridge Centra l Sch ool Di strict desc ribed in . andwhi ch execut ed th e foregoi ng Agreement; that she knows the seal of said school di stri ct.that the seal affixed to said Agree ment is s uc h school di strict sea l: that it was so affi xe dby o rde r of the Board of Education of said school di strict: and that she signed her namethereto by like order.

    STATE OF NEW YORK )) SS.:COUNTY OF ONONDAGA )

    On th is ~ a y of Novemb er. 2010, before me came LAWRENCE.I.ZACHER . know n to me to be the person described in . and who executed the foregoingAgreement . Clnd duly acknowl edged to me that he executed the same.

    Notary Public

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    lYl" '

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    CERTIFICATION

    This is to cert ify th at thi s Agreement wa s approved and the exec lition hereof onbe half of th e Board of Educa ti on was auth orized by vo te of the Boa rd of Edu ca tion of th eJordan-Elbridge Central School District al a public meeting duly he ld on November 5.2010, and ha s been mad e a part of the minutes of th ai meet ing .

    STATE OF NEW YORK )) SS.:COUNTY OF ONONDAGA )

    \h ) 9 - ~ \ hI) (\1, rroPaula Van Minos, Clerk \:Jordan-E lbridge Centra l Sc hoolDistrict Board of Edu ca tion

    On this day of Nove mber 20 10, before me came PA ULA VAN MINOS , tome know n who, be ing by me duly sworn , did depose and say that she is the Clerk of theBoa rd of Ed ucation of the Jordan-Elbridge Cent ra l Sc hool District described in, andwhich exec uted th e fo regoing Agreeme nt: tha t she knows the sea l of said school di st rict;that the sea l affixed to said Agreeme nt is such school di strict sea l: that it was so affixedby o rd er o f the Board of Ed uca tion of sa id schoo l district; and that she s igned her namethereto by like o rder.

    Notary Public

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    O ~ N I I M SNYDeRNoln [ ~ r ;rcs J:.:!y 19, __

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    OATH OF OFFICESTATE OF NEW YORK )) SS .:JORI>AN-ELBRIDGE CENTRAL SC HOOL I>ISTRICT )

    1do solemnly swear (or affinn) tha t I will support the constitution of the UnitedStates, and the consti tution of the State of New York , and that I wi ll fai th fully dischargeth e dllties of the onice of Superintend en of Schools, according to the best arm y ability.

    Subscribed and sworn 10 before me onthis :S"'" day of November. 20 IO.

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    ublic

    awrcncc J.upe rintenden t of Schoo ls

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    R 'solution ARQl"Oving EmQloyment Agreementand

    Authorizing Execution of Emp-Ioyment Agreement

    BE IT RESOLVED that th e Board of Ed ucat ion of th e Jordan-Elbridge CentralSchool District hereby adopts and approves th e employment agreement betweenthe Board and Lawrence J. Zacher as interim Superintend ent of St: hool s datedNovember 5, 20 I0 : and

    BE IT FURTHER RESOLVED that the Preside nt of the Boa rd of Education ishereby authorized and directed to execute said emp loyment agreement.

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