Larry R. Baumann Kelley, Scritsmier & Byrne, P.C. North
Platte, Nebraska Slide 2 Slide 3 Superintendent Contracts Teacher
Contracts American Institute of Architects (AIA) Contracts Slide 4
Every duly organized school district shall be a body corporate and
possess all the usual powers of a corporation for public purposes,
may sue and be sued, and may purchase, hold, and sell such personal
or real estate as the law allows. Power to contract School district
has no powers other than what was given by the Legislature Slide 5
The school board or board of education of any school district may
enter into contracts under such terms and conditions as the board
deems appropriate, for periods not to exceed four years, for the
provision of utility services, refuse disposal, transportation
services, maintenance services, financial services, insurance,
security services, and instructional materials, supplies, and
equipment and for collective-bargaining agreements with employee
groups. Slide 6 7,500 souls are now at risk Slide 7 Slide 8 Slide 9
Slide 10 Slide 11 Slide 12 Slide 13 Slide 14 Slide 15 Slide 16
Slide 17 Slide 18 Slide 19 Slide 20 Slide 21 Slide 22 Slide 23
Slide 24 Slide 25 Slide 26 Royal Links gave notice to the golf
course in October 2004 that it would no longer fund the agreement
and quit paying the course Royal Links filed for bankruptcy in Ohio
in August 2005 Golf course quit paying under the Equipment Lease In
June 2005, judgment was obtained against golf course in
Pennsylvania court for $19,372.42 (rent payments from September
2004, late fees, attorney fees, costs, and interest) Judgment was
filed in Nebraska, efforts were made to collect it Golf course
attempted to block judgment, Nebraska court denied motion contract
terms were followed and judgment was obtained properly Slide 27
Have a good working relationship with your attorney. Send documents
to your attorney for review before signing anything. Advise your
attorney of what you understand the deal to be. Be sure that any
recommended changes from your attorney are in the final document
before you sign. Slide 28 Actually visit your attorney in person or
talk to him on the phone so you understand what he recommends.
NEVER sign an agreement which is governed by any law other than
Nebraska law OR which gives jurisdiction to courts in another
state. Either get the other party to agree to Nebraska law and
jurisdiction or leave those parts blank. Slide 29 Tompkins family
Construction company founded in 1911 Built reflecting pool at
Lincoln Memorial and other Washington D.C. landmarks Substantial
family fortune In 2005, the family moved two trust accounts to
Chevy Chase Bank Some heirs now want to move the money again (about
$100 million) BUT the Agreement that was signed when the money was
moved to Chevy Chase Bank says that they cannot pull their money
out of the Bank unless all 94 family members who are beneficiaries
of the trust agree
