CONTRACT OF EMPLOYMENT SUPERINTENDENT OF SCHOOLS CITY OF SPRINGFIELD, MASSACHUSETTS This Contract of Employment ("Agreement") is made as of July 1, 2012 ("Effective

Date"), by and between the Springfield School Committee, with a principle place of business at 1550 Main Street, Springfield, Massachusetts 01103 (hereinafter referred to as the "Committee"), and Daniel J. Warwick, an individual residing at 40 Arvesta Street, Springfield, Massachusetts 01118 (hereinafter referred to as "Mr. Warwick" or "Superintendent"). (The Committee and Mr. Warwick are collectively referred to as the "Parties" and individually referred as to the "Party"). WHEREAS, on June 18, 2012, the Committee appointed Mr. Warwick as Superintendent of the Springfield Public Schools effective July 1, 2m2, subject to successful negotiations of the employment contract; WHEREAS, the Parties have agreed to negotiate this Agreement; WHEREAS, the Committee desires to provide the Superintendent with a written employment contract in order to enhance administrative stability and continuity within the Springfield Public Schools, which the Committee believes generally improves the quality of its overall education program; and, WHEREAS, the Committee and the Superintendent believe that a written employment contract is necessary to describe their relationship and mutual obligations and to serve as the basis of effective communication between them as they fulfill their policy making and administrative functions in the operation of the education program of the Springfield Public Schools. NOW, THEREFORE, in consideration of the promises herein contained, the Parties hereto mutually agree as follows:
1. EMPLOYMENT

The Committee, pursuant to the provisions of M.G.L. c. 71, § 59 and in accordance with the Committee's vote at the meeting held on June 18, 2m2, hereby employs Mr. Warwick as the Superintendent of the Springfield Public Schools, and Mr. Warwick hereby accepts such employment under the following terms and conditions effective July I, 2012. 2. TERM OF THE AGREEMENT The Superintendent shall be employed for the period of July 1, 2012 through June 30, 2017 ("Term").

3. DUTIES AND RESPONSIBILITIES A. The Superintendent shall diligently, faithfully, professionally, and competently perform the duties and responsibilities of the Superintendent of the Springfield Public Schools as provided in M.G.L. c. 71, § 59 and all other applicable laws and regulations pertaining to public education in Massachusetts. B. The Superintendent shall be responsible for directing, organizing, and managing the Springfield Public School District ("School District"), including utilizing and accounting of funds appropriated by the Committee and directing School District employees, in conformity with the requirements of M.G.L. c. 71 and all other applicable federal and state statutes and regulations pertaining to public education and in conformity with the Committee's rules and policies. C. Except as otherwise required by the Superintendent's duties, the Superintendent shall attend all regular and special meetings of the Committee and all subcommittee meetings thereof, and shall provide administrative recommendations on each item of business involving the administration of the School District on education matters. The Superintendent shall have the right to speak on all issues before the Committee and have a seat at the Committee table. D. In its discretion, the Committee will refer to the Superintendent any criticisms, complaints, and situations that are brought to its attention and which the Committee deems important enough to warrant the Superintendent's attention. The Superintendent shall review and timely make recommendations on any matters referred to him by the Committee. E. The Superintendent shall have the authority, subject to applicable law and any legally binding contracts of the School District, to organize, reorganize, and arrange the administrative and supervisory staff of the School District in such a way as, in his best judgment, best serves the School District. F. The Superintendent recognizes that the proper performance of his duties and responsibilities will require him to work longer than the school day and that his duties and responsibilities are not prescribed hours. 4. GOALS AND OBJECTIVES; EVALUATION A. Consistent with the Massachusetts Model System for Education Evaluation, Part VI: Implementation Guide for Superintendent Evaluation, designed by the Department of Elementary and Secondary Education ("Guide"), and the new education evaluation regulations, 603 C.M.R. 35.00 ("Evaluation Regulations"), the Committee and the Superintendent shall meet in open session to discuss the establishment of mutually acceptable goals and objectives, including measurable outcomes, for each school year. B. Consistent with the Guide and the Evaluation Regulations, the Superintendent shall be evaluated annually by the Committee.

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5. COMPENSATION A. For fiscal year beginning July 1, 2012 and ending June 30, 2013, the Committee shall pay the Superintendent an annual salary of $198,500.00,less lawful withholdings and deductions, to be paid in equal installments in accordance with the regular payroll practice of the School District. B. Effective July 1, 2013, and on July 1st of each subsequent year of the Term of this Agreement, the Superintendent shall receive a two percent (2%)increase in his annual salary for a cost of living allowance ("COLA"). C. Effective July 1,2013, and on July 1st of each subsequent year of the Term of this Agreement, the Committee, in its discretion, may increase the Superintendent's annual salary based on his overall performance evaluation in an amount in the range of zero percent (0%) to three percent (3%) of his annual salary. Any increase in the Superintendent's salary shall be effective on July I, 2013 and on July 1st of each subsequent year of this Agreement. D. In no event shall both the two percent (2%) COLA referenced in paragraph B, above, and any percentage increase for performance evaluation referenced in paragraph C, above, exceed a total of five percent (5%) of the Superintendent's current salary. E. At no time during the Term of this Agreement, or any extension hereof, shall the Superintendent's salary be reduced. F. The Superintendent shall not be entitled to overtime or compensatory time. The position of Superintendent is an exempt position under the Federal Fair Labor Standards Act and Massachusetts law.
6.

BENEFITS A. Health and Dental: The Superintendent will be offered health insurance and dental benefits on the same terms as are provided from time to time to other administrators in the School District. B. Sick Leave: 1. The Superintendent retains any accrued and unused sick leave acquired prior to July I, 2012 during his employment with the School District. 11. During the Term of this Agreement, the Superintendent shall accrue sick leave at the rate of one and one quarter (11;4) ays per month (fifteen (15) d days per year), provided that the Superintendent does not take a sick day or a day charged to sick leave during the month the sick leave accrues. Sick leave shall be cumulative from year to year and without any limit. e. If the Superintendent retires or dies during his employment as Superintendent, he shall be compensated for unused accumulative sick leave at the rate of fifteen percent (15%)of the unused accumulated sick leave based upon the annual rate of pay of the Superintendent at the time of his retirement or death. In the event of death, payment shall be made to the beneficiary of the Superintendent's City of Springfield Life Insurance policy or, if none, to his estate. Such payment shall
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be made at the average daily rate derived by dividing the Superintendent's annual salary at the time of retirement or death by two hundred and twenty (220) days. D. Other Fringe Benefits: Except as specifically provided in this Agreement, the Superintendent shall be entitled to disability and life insurance benefits on the same terms as are provided from time to time to other administrators in the School District. The Superintendent shall be entitled to leave with pay for legal or business matters, state holidays, religious, bereavement, and adoption on the same terms as are provided from time to time to other administrators in the School District.
7.

VACATION A. The Superintendent shall be entitled to twenty-two (22) paid vacation days annually. Vacation days accrue as follows: one (1) day for July, one (1) day for August, 2 days for each month of September through June - for a total of twentytwo (22) days. Vacation days remaining as of June 30th from the current fiscal year may be carried over to the next fiscal year. The Committee shall approve the Superintendent's vacation, which approval should not be unreasonably denied. Upon termination of this Agreement, the School District's Business Office shall calculate the days earned during the current fiscal year and add these days to the remaining balance available to the Superintendent. The balance of vacation days as of the Superintendent's separation date will be paid at his daily rate of pay (based upon annual current salary divided by two hundred and sixty (260) days). B. In addition to the above twenty-two (22) days, the Superintendent, at his discretion, may take a cumulative maximum of eight (8) additional days during the Christmas vacation, winter (February) vacation, and spring (April) vacation during which the School District is not in session. If these days are not used during the fiscal year, these unused days do not accumulate and may not be exchanged for any other days within the fiscal year. The Superintendent'S use of these days must be approved by the School Committee, which approval shall not be unreasonably withheld.

8.

REIMBURSEMENT

OF EXPENSES

The Superintendent shall be reimbursed for all necessary and reasonable expenses (excluding commuting, tolls and parking) incurred in the performance of the duties of the Superintendent, including the cost of transportation, other than by an automobile, and attendance at appropriate local, state, and national meetings and conferences, and dues for membership in professional organizations, in accordance with the School District's budget and policies of the City of Springfield and the School Committee.

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9. COMPUTERlPDAlCELL PHONE To facilitate the work and availability of the Superintendent, the School Committee shall provide the Superintendent with reasonable and necessary current technology and communications and computer access, which includes a laptop computer, notebook (e.g. iPad), and cell phone, to be used by the Superintendent at both his office and residence for business and limited personal use in order to enable him to conduct work from either location or from remote locations. The Committee shall reimburse the Superintendent for the cost of internet access at his residence. All maintenance of the electronic equipment shall be at the expense of the School District, and all such electronic equipment shall remain the property of the School District. 10. CENTRAL OFFICE PARKING The Superintendent shall be provided, at no charge, with a parking space for his automobile at 1550 Main Street, Springfield, Massachusetts.
11. CERTIFICATION

The Superintendent has furnished the Committee with, and shall maintain throughout the Term of this Agreement, a valid and appropriate certificate qualifying him to act as Superintendent of the School District.
12. STATE RETIREMENT ASSOCIATION

The Superintendent shall be a member of the Teachers' Retirement System as required by M.G.L. c. 32, § 2. 13. RESIDENCY During the Term of this Agreement, the Superintendent City of Springfield.

shall maintain a residence in the

14. INDEMNIFICATION The Superintendent is indemnified in accordance with the City of Springfield Indemnification Policy. 15. OUTSIDE PROFESSIONAL ACTIVITIES The Superintendent shall devote his full time, attention and energy to the business of the School District. The Superintendent, however, may undertake speaking engagements, writing or lecturing, whether paid or unpaid, provided such activities do not in any way conflict with the performance of the duties and responsibilities as Superintendent or M.G.L. c. 268A. Such outside professional activities shall be reported with reasonable promptness to the Chair of the Committee.

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16. TERMINATION OF AGREEMENT BY COMMITTEE The Committee may terminate this Agreement and the employment of the Superintendent at any time during the Term of this Agreement for cause after written notice. "Cause" is as set forth in the current version of M.G.L. c. 71 § 42. Upon such termination of this Agreement, the Superintendent will be paid the full amount of the salary and other benefits or compensation earned or accrued through the date of the termination of this Agreement. 17. TERMINATION OF AGREEMENT BY SUPERINTENDENT The Superintendent may terminate this Agreement and his employment upon ninety (90) days written notice to the Committee. 18. NOTICES A. All notices under this Agreement shall be sent in writing to the following: To School Committee: Chairman Springfield School Committee 1550 Main Street Springfield, MA 01103 Daniel J. Warwick 40 Arvesta Street Springfield, MA 01118 or to such other address as the Superintendent submits in writing to the Committee

To Superintendent:

B. All notices shall be effective when provided to the Committee and/or the Superintendent by United States mail, private tracked courier delivery or confirmed receipt facsimile, and shall be deemed delivered as of the date of personal service by such courier or facsimile, or as of the date of deposit of such notice in the United States mail. 19. APPLICABLE LAW This Agreement is to be governed and construed in accordance with the laws of the Commonwealth of Massachusetts and is consistent with the polices and rules of the Committee. 20. INVALIDITY If any portion of this Agreement is invalid, it shall not affect the remainder of this Agreement and such remainder shall be binding and effective against the Parties. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against either party. The Parties agree that any
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disputes shall be adjudicated in the courts of the Commonwealth Hampden County.
21. LEGAL REPRESENTATION AND UNDERSTANDING

of Massachusetts, in

Each Party has had the opportunity to consult with counsel prior to executing this Agreement. Each Party has read this Agreement, understands the content of the document, and has executed it voluntarily.

IN WITNESS WHEREOF, the Parties have hereto signed and sealed this Agreement as of the Effective Date.

Springfield School Committee Daniel J. Warwick Superintendent

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