ADDENDUM TO CONTRACT

Transcription

1 ADDENDUM TO CONTRACT This Addendum to Contract (Addendum) entered into in several counterparts this _13th day of January, 2014, by and between TRI-COUNTY SCHOOL CORPORATION OF BENTON, JASPER AND WHITE COUNTIES, INDIANA (TRI-COUNTY), and Kathryn D. Goad (SUPERINTENDENT), Witnesseth: Recitals TRI-COUNTY and SUPERINTENDENT entered into a Superintendent s Contract on the 13th day of January, It is the desire of the parties to amend and supplement such Contract, and this Addendum is entered into for that purpose. Definitions For purposes of this agreement: the following terms shall mean: (A) (B) (C) (D) School corporation shall mean Tri-county School Corporation of Benton, Jasper and White Counties, Indiana. Board shall mean the Board of School Trustees of the School Corporation. Superintendent shall mean the superintendent of schools of the School Corporation. Compensation and Salary shall include, but not be limited to, those payments made to, or on behalf of Superintendent, under Section 3 of this Addendum, and such amounts shall be used to determine the average annual compensation defined in I.C (E) Value of remaining contract shall mean the amount of compensation remaining to be paid to the Superintendent under her existing contract with the School Corporation, including, but not limited to, wages and earnings, as well as perquisites and fringe benefits. 1

2 Agreement In consideration of the mutual covenants herein contained, it is agreed by and between the parties as follows: (1) Term The term of the Contract shall be three (3) years and five(5) months, beginning February 1, 2014 and terminating June 30, Ind. Code (2) state that The contract must be for a term of at least thirty-six(36) months. The Agreement s evergreen clause results in a continuous 2 + school year contract unless a party objects before May 1 to an extension of the length of the contract for an added school year on July 1. It is the Superintendent s responsibility to remind the Board of this extension prior to April 1. However, the Agreement can be cancelled by the Board for the same list of reasons applicable to cancellation of the contract of an established teacher found in Ind. Code (e). The Superintendent can cancel this Agreement giving 90 days written notice of resignation. (2) Duties of Superintendent At the beginning of the Contract, and each year thereafter, the Superintendent shall furnish to the Board, written evidence that she is licensed as a superintendent of schools by the State of Indiana. The Superintendent shall devote her time, skills and efforts to her job as Superintendent, provided, however, she may undertake work not related to her duties as Superintendent, which work shall include, but not be limited to, that of a consultant, speaking engagements, writing and lecturing, so long as such work does not interfere with her duties as Superintendent. The Superintendent shall serve as chief negotiator for the Board in teacher s negotiations when such negotiations are directly with teachers of Tri-County. If such negotiations involve negotiators for teachers of Tri-County, which negotiators are from outside of Tri-County School Corporation, the Board shall employ a professional negotiator to act as chief negotiator. The Superintendent shall attend all executive sessions of the Board, except where such executive session is solely for the purpose of evaluating the Superintendent s position in Tri-County. (3) Compensation and Salary The Superintendent shall receive an annual salary in the amount of $96000 for , $98000 for , and $100,000 for , which shall be paid as follows: bi-weekly payments. The five(5) month period from February 1, 2014 to June 30, 2014 will be prorated based upon the compensation. 2

3 ******* During the term of this Contract, the salary may be adjusted, provided, however, it shall not be reduced. (A) Tax Deferred Annuities The Superintendent may direct that a portion of her salary be paid to a tax deferred annuity, provided, however, such direction shall be in writing to the Board, and such portion shall not be in addition to the salary stated above. In addition to the base salary, the Board shall pay to the Superintendent the sum of Five Thousand Dollars ($5,000.00) per year, which at the option of the Superintendent, may be contributed to a tax deferred Section 457 or 403(B) plan recognized by Internal Revenue Service, which payment shall be paid in equal monthly installments. (B) Performance and Merit Pay The Board and Superintendent have agreed to five (5) performance/merit goals which, if achieved by Superintendent, shall result in additional compensation to her. Such additional compensation shall be a total amount of up to $3, per year during each year of the contract and shall be based upon the following: (1) If one goal is achieved, the sum of Two Hundred Dollars ($200.00); (2) If two goals are achieved, the sum of Six Hundred Dollars ($600.00); (3) If three goals are achieved, the sum of One Thousand Two Hundred Dollars ($1,200.00); (4) If four goals are achieved, the sum of Two Thousand Dollars ($2,000.00); and (5) If five goals are achieved, the sum of Three Thousand Dollars ($3,000.00). (C) Life Insurance The Board shall provide to Superintendent a life insurance policy in the amount of $300,000.00, which policy shall be owned by the Superintendent. Superintendent shall designate the beneficiary of such policy. 3

4 (D) Technology Allowance The Board shall pay to Superintendent the sum of Two Thousand Dollars ($2,000.00) each year during the term of this contract as a technology allowance, which technology shall include, but not be limited to, cell phones, fax and internet. Such sum shall be paid to Superintendent in equal monthly installments. Such payment shall be in addition to Superintendent s base salary. (E) Car Allowance The Board shall pay to Superintendent the sum of Three Hundred Fifty Dollars ($350.00) per month as a car allowance. Such payment shall include expenses for in-state mileage. If, however, Superintendent travels on school related business outside of the State of Indiana, he shall reimbursed for such mileage at a rate allowed by Internal Revenue Service. (F) Health and Accident Insurance The Board shall provide Superintendent group health and accident insurance. The amount the Board pays towards health insurance is frozen at $15,648/year.. The Superintendent may, but need not, elect to contribute to Tri-County s Flexible Spending Plan, provided for in Section 125 of the Internal Revenue Code, in order to pay the premiums of the Tri-County group health and dental insurance program. Such insurance shall extend to Superintendent as well as immediate family members, and shall be considered additional salary. Immediate family members shall include Superintendent, Superintendent s wife, and dependent children residing with Superintendent. (G) Vacation Superintendent shall receive twenty (20) working days vacation annually during the term of this contract, which days shall not include legal holidays. Such vacation shall be taken within twelve (12) months of the year in which the vacation days are earned, and shall not be cumulative. 4

5 (H) Medical Examination Once each year during the term of this Contract, Superintendent shall receive undertake a comprehensive medical examination performed by a physician licensed to practice medicine in the State of Indiana. If the examining physician finds that Superintendent is physically and mentally qualified to perform her duties as Superintendent of Tri-County, the physician shall certify to the same in writing, which certification shall be filed with the Superintendent s personnel file, and shall remain confidential. The cost of such medical examination shall be paid by the Board. Any additional medical examinations undertaken by the Superintendent shall be paid by her. (I) Sick Leave leave. Each year during the term of this Contract, Superintendent shall receive seven (7) days sick (J) Other Leaves Superintendent shall be allowed other leaves, as such leaves are provided in the Master Contract between Tri-County and teachers of Tri-County. (K) Disability If Superintendent is unable to perform her duties because of illness, injuries or other causes beyond her control, and such disability exists for a period of more than the days allowed for accumulated sick leave during any school year, Tri-County may adjust the base salary proportionately. Such deductions shall be calculated by dividing the annual salary by the annual number of days in the contract, times the number of days absent in access of the accumulated sick days. Such amount shall be subtracted from the annual salary. All payments made for compensation and salary under this Section (3) are considered basic salary as defined by I.C , and such amounts shall be used to determine the average annual compensation defined in I.C , and shall be reported to the Indiana State Teacher Retirement Fund. 5

6 (4) Professional Liability Insurance The parties recognize that the Superintendent, in performance of her duties, is subjected to claims and lawsuits. The Board shall indemnify, save and hold harmless Superintendent from any liability resulting from such claims and lawsuits, so long as such claims and lawsuits are directly related to Superintendent s performance of her duties, and are within the scope of her employment. The Board shall provide Superintendent with professional liability insurance, insuring her against demands, claims and lawsuits arising out of his duties as Superintendent, and which claims, demands and lawsuits are directly related to Superintendent acting within the scope of her employment. Such insurance coverage shall be in the minimum amount of $1,000, per person and $3,000, per occurrence. Any deductible amount for such coverage shall be paid by Tri-County. (5) Evaluation Each year during the term of this Contract, the Board shall provide Superintendent with a written evaluation, evaluating and assessing the performance of Superintendent, using the same categories as applied with teachers and other administrators: highly effective, effective, improvement necessary or ineffective. The evaluation shall be related to the position of Superintendent, together with a description of duties of the Superintendent. Once each year during the term of this Contract, the Board and Superintendent shall meet in executive session for the purpose of evaluating Superintendent s performance. A copy of the written evaluation shall be delivered to Superintendent, and Superintendent shall have the right to file a written response to the evaluation within ten (10) days thereafter. In addition to this, Superintendent shall have the right to request a meeting with the Board so long as such request is made within (10) days after receipt of the evaluation. If he requests a meeting, such meeting shall be conducted in executive session within thirty (30) days after such request is received by the Board. 6

7 (6) Discharge of Superintendent Superintendent shall be subject to discharge by the Board, so long as such discharge is for just cause, and is not based upon actions of the Board that are arbitrary and capricious. In the event the Board determines to discharge Superintendent, it shall give written notice of the charges to Superintendent, and a written notice of hearing. The failure to notify Superintendent of her discharge later than six (6) months prior to the expiration of the Contract shall result in a one (1) year extension of the Contract. If the Board terminates this Agreement without the due process procedures described above, the Superintendent shall be entitled to receive a payment which is the sum of all salary and benefits which are earned but unpaid at the time of the termination, plus one half of the basic salary amounts specifically named in this Agreement through the end of the Employment Term. In any proceedings involving discharge of Superintendent, the cost of legal counsel for the Superintendent shall be paid by her. (7) Construction of Laws This Contract shall be construed and governed by the laws of the State of Indiana. 7

8 (8) Severability If any part, term, clause or provision of this Contract is determined by a Court of competent jurisdiction to be invalid, or in conflict with the laws of the State of Indiana, the validity of the remaining portions of the contract shall not be affected, and the rights and obligations of the parties shall be construed and enforced as of the contract did not contain the particular term, part, clause, or provision held to be invalid. In all other respects, the Superintendents Contract entered into on the 13th_ day of January, 2014, together with all amendments and supplements thereto, shall remain the same. IN WITNESS WHEREOF, the parties have executed this Addendum to Contract at Wolcott, Indiana the day and year first above written. TRI-COUNTY SCHOOL CORPORATION By: Kathryn D. Goad, Superintendent 8

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