Alan Ingram Contract of Employment

8/6/2019 Alan Ingram Contract of Employment

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S UPERINTENIDENT O F' S CHOOLScrll oF spRINcFrELD, M.ssAcHUsETTSThis Agreerrent, cfiective s of ths [r, day of July, 200g, is made by and befween theCity of Springeld',Mlssachusetts, acting by and-ttuougrr-its Financc contol Board, cxercisingthe power of the school cosmiaee p*r:o*t to sectioi 4(dX2) of chaptcr 169 of the Acrs of2004, (c-ollective referrod to herci as the "Cit/' or ..*-in"",,), and An J. Iugrem(hcreinafter referred to as "supantendent"), couecdvciy, tt u ?"rti*r".

- - It is expressly undestood bctween the partios ttrat the Financa coutrol Boad has thcauthority to exercise the power of the School Committs nd that lhe torms of this Agrecmcnl arel*s"1lv bTtng for its duration t'nlss mrrfually amendcd by the parties in wriring, or earliertermjnated under the terms atrd, conditions of this Agrcernent-- NOlv' THEREFORE, in oonsidration of rhe promises herein contained, rhe patiesheroto munrs.lly agree Ls follows:1' EMPLoYMENT ^AJ{D TERM: The Commttee hereby employs Alan J. Ingram asSuperinteirdent of the Springfield School Diskict "r,a sup*iot"oi*t boreby accepts and agreesto such eurployment, for a term comrnencing ae of July t, zoot, and earding-J*" 0, 2012. Thepaies may exfend the term of fhis Agreement at auy *e by mutual consent. By Febrrrary I ofthc final year of the contract, inciaing ny cxtensior thc Committee must notify theSuperintendent of its intent to rnew o. oorerru* ts contract2' DUTIES: The Srryerintendent wili comply faithflly with all applicable law, inoludingwithout limtatioru all of the applicablc provisions of Massachusetts Genaral Laws, Ls may beamended, and any sucocssorprooisions tho*to ("School Ir;;?, th. rules and rcgultious of thocorrn6t\/.alth of Mssachusetts and the rules r.ug,rl"tio*'in" co-*ttee, all as may be3me_n!4 and any successor provisions thereto, and hc will pcrform all duties whioh rnay belawfully required of him by thc comnittee. Dwing the erm of employm*t r,.ru*araSuperintendent shall gryot" his full timg atteqtion .nd best efforts to the busincss of fheCommiftee and to tlre fulfillment ofhis dutics hereunder.

Subject ts thc authori? of the Springfield Finance Contol Boa4 the Superintendentshall select all personncl; shail dircct ani "ig" t.*t.r. r;;-th* eirrployees of the schoolsunder his suporvisiou; shll havo freedom to organize, reorganize and arrangc the adminishativeand supervisory staf{ inoluding insErction * U*r"rs" affairs, as best serves the SchoolDistrio providcd that the Superintendent shall consult with and adviso thc Commirtee beforeimplementing admii5hative transfsr of school principal(s) or assistant supennlnJents orequivalent staft rd shall have the authority to immediatly ".pr resignations ofpersonnol, forznd on behalf ofths Committee.

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The Committee either collecfively or ndivdually, shall pmmptly refer ro theSuperintcndent for the Superintendont's study and recommcnd.atioa all "ririciims, complaints,and suggastions callcd to their ettcntion rclarive to thc Supcrintendenr or the school disbictwhich Committec members reasonably belieye to be signifir*t *d shall rctain from individualinterference with the ad:rrinishton of lhe school policiis except throug Committee action.

This is 8n agreement for the performance of professional services as Superintendent andthe Superintcndcnt shall not be assigned to any other position or heve his dties reassignedwithout his consent.The Parties firther agree to devote time and enrgy up to a minimum of 30 hours eachyear of the agreement to zubstarrive work sessionr on goal setting, the establishmnf ofperformance standads and measues, aud protocols for evatuation of a[ ertificated staff.3' COMFENSATION: The Superintendcnt shall be paid a-salary as follows:The Superintendent's base salarywill bc $190,000 for the period July l,208 throughJnne 30, 2009.The Patics shll mutual.ly agree upon and set forth in uiriting cefain performencemeas.tros for each school ycar of the Term. These goals for FY200E will be csablished inconsrltation vith the Superintendent at the August 2008 refreat described in paragraph 5 belowor as otherwise agreed to by the Superintendent and the Committee. Performnce goals forsubseguent years shall be established prior to the adoption ofthe fiscal year budgetThe Supcrintendent shall receive an anual percentage increase in his base salary cqual tothe average perce'atagc increasc received in the same fiscal year by supcrintende,nts in a cluster

of comparable sohool districts as agreed upon by the Supcrintendent sd the Committee setficrth in the following paragraph, The Superintcndent shll also be eligible on an annual basis forarr addjtional incrase of bse snlary, based on his aohievement of performance goals asestablishcd undcr this Agreement. The Committee rnay, in its discretion" increase theperformanco based compensation or base salary at any time- At no time shall theSuperintendent's compensetion bc decroascd during the term of this Contact.No lator than January 31, 2009, the Superintendent arid School Cornmittee shall conferand select a consultat or other qual"ified individual to dcvelop a list of cornparable districrs tothe Sprin8eld School District for purposes of bcnchmarking salary increass described aboveand folfe purPoses set forth in this paragraplr- Begirming no latm than January l, Z0l0 ndconcluding no lttf, then June 30, 2010 the Superintendent and School Committe shall nploy

the selected consultant or other qualied individuat to cond.uct a survy of total cornpe.nsation forcornparable school districts and, effectivo no later than July 1, 2010, shall adjust thc toralcompensation for the Superintendent to a levol uot less than the average total compensstion forthe superintendents of schools in thesc cs-parable diskicts, provided, however, that the SohoolCommttee may adjust the total compensatin for the Superintendent to a higher level basod onhis achievement of performanoe goals as estblishcd under rhis Agreement.

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4- STATE RETIREMEI{f SYSTEM CONTRIBUTION: The Supcrintendenl shallbe amomber of the Teachetr's Retirerqeot System as required by Massachusetts General Laws,.Chapter 32, Section 2.5. .NNUIT: The Committee shall make a conrbution to a tax-sheltered arouiry plan,403 (b) plan, 401(a) plan, dcferrod compensation plan, auothor retircment-related ftrnd orexpenditure, or I combination thereo4 at the Superiltenderlt's election, consistent with IntemalReve.nue Codc and Massachusetts Gencral Law snfl related regulrtions, in an rmount equal to$15,000 Per year. This payment sh.all be madc acnually on July I for the term of fho Agreement.6- COMMITTEE-SUPERINTENDENT RELATIONST To ensure effective districtgovernancc through positive and productive cornmittee..superintendenr relations, the Committeeshall schedule ar least two reheats per yer with the Superintendent, focusing on disnicrgovernance, the ftrst to occur by August 3t, 2008 and the second to occur by January 3L, Z0Og.The Committee Chair and Superintendent shall meet prior to the retrcats ln agree upon aframocorh formaf and agenda for the reteau- The Suprintendent also shll participaten thecommittee's self-evaluation pmcess arrnually, as directc by the committee"7. DVLUATION: Arurually, on or before June 15 of each conrrt yoar, the Committeeshall review with the Superintendent the Superintend.ent's progress toward meting establishedgoals and ssess the working relationships a-oug th. Soprinndent, the Committee, thefaculty, the staff, and the community; providd howeve in tr. last year of this conhac! therevigw shall take place e or before January3l. The Superintcndentls evaluation shsll be inwriting, in a form that is mutually agreeable to the Commitree and the Superintenden! and shallbc rcasonably related 1o thc Superintendent's dulies, goals and objectives for the year inquostion. In the event that the Committee determines that the Sryerinte,ndent's performance isunsatisfaotory in atry respect, the evaluation shall describe, in rcasnable detail, the instances ofunsatisfactory performance and recommcndtions for improvernent. The Conmittee shallprowide the Superntendent with a copy of his evslugton. Within rhirty (30) days thereafter or atsuch other time as is mufirally agrecablc, the Committee shall meet with the Superintendent todiscuss the evaluation. The Superintcndent shall havc the right fo submit a wrnen reaction orresPonse to the evaluation. The rcsponee shll become a pernanent attachnent to theSuperintendent's evaluation- In alt nstances whorc the Comrnittee deems the Superintendent'sperormance to be unsatisfactory, xcept in the cse of malfeasance, tho Comnittee shall allowthe Srperintendent a reasonable period f ti-" to improve in tbe areas identied.8^ TERMINATION OF AGREEMDNT BY SCHOOL COMIdITTEE F'OR CAUSE:lttg Corynt6ec maY terminate this Agrcemrt without futher financial obligatior for cauee asdefied herein. For purposes of this .{.greement, ,.cuse" is defined and shsll bc limited togrounds set forth in Massachusetts Geueral Laws, Chapter 71, Section 42, may be arnend.ed orany sucossor provision thereto_The Committee may terminete the Superintendent for Cause, thereby terminating thisAgreernenl prior to the expiration dat statod abov, providod the Superintendent has been gvenan opporfunity for a hcaring beforc the Comrnittec, A affirrnative vote of a majority of the

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membils of the Committee is requred for termination for Cause- The hearing will bo conductcdoomplying with Massachusetts Gcneral Laws, Chapter 39, Section 238.The Committee will provide the Superintedert l/iih 30 calendaf day norice of saidhearing a.s woll as a written charge or charges and tle o&use or causes for the proposed dischargc.The Supcrintendent's coruuel shall be allowcd to speak for and partioipaie n behatf of t}eSuperintrdent. The Superinteadent, upon tim"Iy reques! -ill eceive, atieast five (5) busincssdays prior to the hearing copies of all relevant documents on which the Committee intonds torely for said proposed termination.9- UITLATERAL TERMINTION BY COMMITTEE: Thc Commine may, t itsop]ion, and by a minimum of ninery (90) days notice to the Superintendent, unilaterally terminatethis contract during its torm without cause by a trvo-thirds (2/3) vote of its rnembo*tip- Ir thecvent' of such termination, the Committce shal'l pay to the Superintendent, as severarcc pay, allof the zggregate salary the Supcrintcndert would have eamcd under paragraph 3 of is contract

until the expiration date of the contract or for cighteen monthi from the achl dafe oftermination, whichever is less. AIso, all other Committee paid benefits shall continue until thcexpiration date of thc contact or onc year, whichover is less, unless otherwise agreed upon byboth pafies or until the Superintendent obteins employment with comparable be.,et".10. TERIVIINATION OF AGREEMET BY SUPERINTENDEI.T: The Superntcndentmay terminate this Agreement bsfore the end of the Trm, by gl"ing oioety (90) calendar daysnotce to the Committee. Said notice shall bo cffective or th" art. r""irr"d, whcn ,"or yregistered mail, rehrrn recet rcquested, to the School Conmittee, Springfcld Public Schools,195 Stare Shee! Springficld MA 01103 or to another location commnly ideutified as rheheadquarters for the School Departnent should the hendqurrters location of the Deparknentmove during the life of ths agreement, with copies to the Malor of the City of Springfield, 36Court Shcet, 2nd Floor, Springfeld, MA, 01103, and the City Soticitor,36 Court Sueet, Room210, Springleld lr4a 01t03. _11. PAYhENT IN TFE EVENT OF DEATE: In the event of doath of thc Superinturd.entt any time during the Term of this Agree,ment, the Committcc shail payhis surviving spouse, ifny' or if the Superintendent does not have a surviving spouse, to ne Superintendent's cstatc, anamount oqual to the portion of the Superintendent's salary and inccntivccompensation to uhichhe was entitled through the date of his death, payable within one (t).oo.rth of the date of hisdeath, together with such payments or benefits as arc authorized. by applicable law or theCommitfee rules-2, CERTIFICTE: The Superintcndent shall furnish and maintain throughout thc Term av1[id and applopriate certification or waiver qualifying or allowing him to act Superintcodenrof Schools of the Cfy of Springfield as rcquired by Massachusetts General Laws, Chapter 71,Section 38G.13' RESIDENCY: As a conditiou of employment the Superintenrdent shali maintainrcsidence wthin the Ciry of Springfield during rheTerm.

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t4- coNsIlLTINc A{D OInSIDE EMPLOyMENT: The Superintendent shall confinecompensated professional and employrncnt activites to the business of the School Distrct exceptto the extcqt permitted in this paragaph or approved in advanco by rhc Commitee. -On anoccasional, short-tpnn basis, witr "ppt*A "f tL Committee Chai thc Superintcndent shall bepermitted to undertako writing aaa sperting engegements, tcach a class or seminar ffrd serye &s aconsultant to other school i"U"t or cductinal agencies. Tho Supcrinteadent may becompensatcd, for such permitted activitics without loss of pay under fhis conhac provided tleatities aro accornplished on vacation, holiday or other non-working time. These outsideactiviti shall uot inierfere or oonflict with the performaoce of thc Superintcndent's duties underthis cont-act nor shatl the provisions of this fuagraph operat to probbit the Supenntondentfrom participating in professional development or other profossional activitics.t5. REIIIBURSb{ENT FOR Tn.VEL EXPENSES AIID DUES: Thc supcrinteaderrtwll be reimbursed for a[l approvod oxpcnsas hcurred in the performance of his duties, includingbut not linitd to costs of Eansportation and attendancc at ppropriate city, sf.ate and nafionalmeetings and oonfcrences, ad dues and membership fees to professional associadorx- All out-of-statc uvel shall be approved in advanco, Reimbusemenf for meals and expcrises sball be inBocordanco urth the procedures of the City of Springfield-16. TRANSPORTATION: The Committee requires that the Superi:otendeut, as a conditionof his cmplornent, have a moor vehiclc available for his use on a regular basis and to make useof said v"tri"i" to visit tho schools in the Springfield Public School sltem on a regular basis, toattend meetings of the Committee and with the adminiskators of the s1tem, to attend thoseprofessional ,n'crtings, conferences and conventions whih hc elccts to attend and which arc heldin locrtions sidc thc Cornmonweallh of Massachusetrc but within one hunded fifty (150) milesof Spriugfield and which aro reasonably conducive to motor vehicle travel from Springfield,Massaohsetts. I consideration of these rcquirements, thc C.ommittee shall Pay theSuperintendent the sum of six hundrcd aud fifty dollars (5650-00) per month in lieu of all motor. vehiclo mileage reimbursemcn! in lieu of all rlimUuncmont for tolls and parking end in lieu ofall other experrses pertaning to sid vehicle.11. TECIINOLOGY SUPPORT; The Conmjtte shall providc Superinndcnt witl aBlaclerry or cquivlcnt device, home fa:t mDhine, laptop computer ard home printer forcffective mod"*-"ommunication. All maintenance and. other monthly or recurring charges forthis eleckonic equipment shall be at thc expeuse of the Dstrict end all such cquipment shallremain the properf,y of the Distict.lS. ANNUAL VACATION: The Supe,rintendent shall receive twenty-two (22) workingdays annual racation exclusive of legal holidays' The Committeo Chai shall be advised inadvance of all vacations, which ar" *oir than ve (5) consecutive working days in length.

In order to provide essential seryices to the Cornmittee, the Strperintondent ma] not bcahle lo usc all of his eamed vacation in a year andlo be unale to schedule vcation 8t adcsirable time. In consd,crtion of ruch cicrmstances ad the uique nature of his work, theSupcrintendent may carry forward unused vacation time from one ye r to the next, for a periodof onc (1) yearor, at th Superintendeat'selectio, ihe Committcc shall annually, onor about60308


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fune 30, compensate the Superinteodent in cash in exchange for uqused vacation days at hisdaily ratc of compeusetion rhen in effect.Should this contract be terninated for any reason or in any ril\rlner whatsoever, theSuperintendent shall be paid for all eernod srid accurnulated but unused vacation days from theconkact year in which tsrnnatioq tekes place at the ratc of his ther surrent salary-

19' HEALTH INSUR*4,1{CE: The Corrmittee shall provide hospitd, surgical, majormedical, and dental insuanco coverage for the Superintendcnt and mernbers of theSuperintendent's im-modiate family during the term of this contract, in aceordance with the basicinsurance progrsm provided by the Distriot for principals.20, DISABILITY INSURANCE: The Committec wilt hold a policy fo the Superintendentwhich includes a disability insuance of onc hurdr'd percent (I00%) sf hi5 annual compensationpackage. In the event of rhe Superintendent's disability, thc Com"'ittee will be relieved of anyfurther liability for the Superinteudent's salary upotr his receipt of disability compensation.21. LIF'E INSURAT{CE- The Commitce, at its cost, shall provide the Supcrintendent wirhterm lifo nsurance q'ith a death benefit of tc,o times his salary, rognded to the nearest thousand"plovided the Superintendent meets the ordiry requirements of the inswer. The Superintendentshall be allowcd. to name all beneficiaries under this policy.Z7- SICK LEA\IE AND DISABILITY^ For eech contract year, the Superiniendent shall beentitled to an anqual yearly accumulatiou of eigbteen (18) days of sick lcavc. Consistcnt wipiorpractice, the Supcrintendent shall be advanced thirty (30) days of sick lcve as of July 1,2008, which sballbe dcduoted from his annual gcrual. Unused sick days shall be oslative tothe maximum allowable for certied adrninistrative employees.

Should the Superintendent become physically or mentally dsabled from performing anysubstantial dutypermanently or for a pcriod of ninefy (90) calendar dap in any 180 calendar-dayperiod, the Committee may, at ts option, terminate the Superintcndent's employmenl upon th{y(30) days urimen notice to the Superintendent and thc opportunity for a hearng before rheCommittee on the isstres of disabitify and peformance. ' Upon termination for this reason, theConrniftee shall pay the Supe,rintendent for any accumulated but rurused sick leave, up to amaximum anount of twenty thousand dollars ($20,000.00), md, if pormitted by the District'shealth and life insurance progrlm, continue snrch insuraace at its exprnse for a period of sixty(60) days aftcr tcrmination. This sxty-day period shall be included ur the oalculation of the timeperiod avalable for continuatiou coverage (commouly refcned to as COBF,A coveragc) underthe Interql Rcvenue Code of 1986.23- PFYSICAL EXMINATION: The Superintendent shall, at School DcpartmentexPense, be examined by a physician mutually agrced upon by the parties, Tho Superintendentshall make availablo a release to said physican for all prior rnedioal records. The Superintendenttvill sign a rclease Bving the physician permission to discuss and, give a written report of allmcdical facts and thc physcian's findings with the Chairman of thc Committeo- To thc best of

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the Superintendenfs larowledgc, the Superinterdent is unaware of any medical reason hc camotperform the duties of Superintendeut.24. DEIENSE OF CLAIMS: Thc Superintendent shall be aflordsd the proteotions fromclaims ard suit as permitted by state law, and the Comnittee will undertake to defend hm in allsuch actions. The Committee will provide orrors ard omissions insursnce coverge insuring orindemniSing the Superintendcnt against all damages arising out of the performance of his duties.25. NOTICES: Any notice to be give,n under this Agreernent shall bc sufEcient if in writing,sent by registered or ccrtied mail or devered in hand to the puty involved at the address ofCommittee Mcmbers and of the Superintcndent or to such other ad&ess as eithsr Party mayspecify to the othsr in writne. In the case of mailing, the date three (3) days afterthe date ofmailing of such noticc shall be deemed to bo the datc of delivery, Otherwisg the day of actualhand delivery to the Superintendent witl be decmed the datc of delivery.26. AMENDMENT: This Agrecment may be amended during its terrn by muhral writtenconsent of the Commttee and the Superintendent- Any such emendrnent shall be in writing andexecuted by all of the ofcials listed on the signature page to this Agreemert for so loug as thcFinanoc Control Boad continues to exist. Thereaft,er, any amendment must be in vriting,approved by offioial vote of the School Conunittee, and executed by all of the ofcials listed onthe signaturc page to this *tgreernent, wth the exccption of the Executive Director of the ControlBoard.27- ASSIGNIvENTI This Agreement shall inrue to tho bencfit of and shall bo bindingupon, the Committee, its successor and assigns, and the Superintendent" but not bc assigned byeither party-?8. SVERABILITY: ln the event any tenn, paragraph or provision of this Agreement orits applicatioD to any circurnstances to any extent is deemed invalid or uneuforceable, theromainder oFthis Agreoment shall be valid and qforcoable to the fullest extent permined by taw.29^ APPLICABLE LAW: This Agreement shall be governed by and conslued inaccordance with the laws of the Commeu/ealth of Massachusetts and all action will be brought firmFden County in the Commonwealth of Msssaohusetts.30. PARAGRAPII HEADINGS: The scction headings contained herein are for referencconly and shall not in anyqray affect the meaning or interprotarion of this Agreemont.

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CITY OT'SPRINGF'TELD:Approved as to Appropri ^ton, ft/

Reviewed:

REVIEWED AND APPROVED:

ud CONTROL BOAR-D DESIGNEEDateSigred: L /Sl "@

STEPEEN P- LISAUSI{ASE)CCUTT\/E DIRECTORFINAICE CONTRqL B0ARDDate sigrred, l lZf o f

00R sR8

Appmved as to form:

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Alan Ingram Contract of Employment

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