EMWLOYMlliNTAGREEMlliNT

This is an employment contract by and between the Board of Education ("Board") of the Rochester City School District ("District"), 131 West Broad Street, Rochester, New York 14614, and Jean-Claude Brizard, 497 Hillside Ave Rochester, NY 14610, effective January 2, 2011.

WHEREAS, the Board desires to have Jean-Claude Brizard continue to serve as Superintendent of Schools ("Superintendent") for the District, and Jean-Claude Brizard desires to continue to serve as Superintendent of the District; and

WHEREAS, the Board and the Superintendent wish to enter into a written employment contract in order to set forth: the terms and conditions of the Superintendent's continued employment; the authority, powers, duties and responsibilities of the Superintendent; and the criteria and procedures by which the Board will evaluate the Superintendent and hold him accountable for his performance; all of which the Superintendent and the Board believe will improve the educational programs and services on behalf of students and families of the District, enhance the governance and public credibility of the District, and provide administrative stability and continuity;

NOW, THEREFORE, the Board and Superintendent, in consideration of the mutual promises contained herein, agree as follows:

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1. Employment and Term.

A. The District hereby desires to continue to employ Jean-Claude Brizard and

Jean-Claude Brizard hereby accepts continued employment as Superintendent in accordance with the provisions of this Agreement.

B. The term of the Superintendent's employment under this Agreement shall

commence on January 2, 2011 and shall expire on June 30, 2014, unless terminated earlier as provided in Section 20 or unless extended as provided in Section 1. The Board will give the Superintendent written notice no later than January 1, 2014 of its intention to renew or not to renew this Agreement. Failure to give such notice will not result in an extension of this Agreement.

C. Any extension of the term of the Superintendent's employment shall be in

the form of a written amendment to this Agreement, and shall be upon the same terms and conditions as herein set forth unless otherwise agreed to in writing by the Board and the Superintendent.

D. The Superintendent represents that he possesses a Superintendent's

certificate as required by Education Law Section 3003.

2. Superintendent's Duties and Responsibilities.

The Superintendent shall devote substantially all his attention, energy and time to the performance of his duties and responsibilities. The Superintendent is hereby delegated, authorized and empowered to perform or supervise the performance of the following duties and responsibilities:

A.

To be the Chief Executive Officer of the District;

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B. To attend all meetings of the Board with the right to speak but without the

right to vote;

C. To recommend to the Board the organization of the District and the types,

titles, duties and qualifications of positions needed to staff the organization;

D. To appoint, promote, transfer, supervise, direct, evaluate, discipline and

remove personnel in all District positions within the limits of the Board's authorization of an appropriation of funds for such positions in the District's annual budget, as amended from time to time, and in accordance with the provisions of the Education Law, the Civil Service Law and collective bargaining agreements; and, further, to evaluate and to set compensation for the Superintendent's Employee Group on a basis that measures and rewards performance, as determined by the Superintendent;

E. To negotiate and execute collective bargaining agreements with certified

employee organizations, subject to Board approval of and appropriation of funds for such agreements to the extent required by the Civil Service Law;

F. To prepare and submit to the Board In a timely manner a proposed

balanced budget estimate for each fiscal year, as well as any necessary supplemental budget estimates;

G. To recommend to the Board general courses of study, and, upon the

Board's approval of such courses, to prescribe the content of such courses as well as the standards for achievement and methods of assessing such achievement with respect to such

courses;

H. To recommend to the Board all instructional materials, including

textbooks, for courses of study;

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I. To purchase equipment, furnishings, materials, supplies and textbooks

necessary for the operations of the District, within the limits of the Board's appropriation of funds for such items in the annual budget, as amended from time to time, through the Director of Purchasing and in accordance with the applicable provisions of Article SA of the General Municipal Law;

J. To recommend to the Board the purchase or lease of sites for buildings

and facilities of the District, and the purchase, lease, construction, reconstruction, remodeling, enlargement or improvement of buildings and facilities for the programs and services of the District; and to award contracts for any public work authorized by the Board within the limits of the Board's appropriation of funds for such work in the annual budget, as amended from time to time, through the Director of Purchasing and in accordance with the provisions of Article SA of the General Municipal Law;

K. To maintain, repair and safeguard the buildings, facilities and vehicles of

the District within the limits of the Board's appropriation of funds for such work in the annual budget, as amended from time to time;

L. To negotiate and execute contracts for services, within the limits of the

Board's appropriation of funds for such services in the annual budget, as amended from time to time;

M. To ensure the District's compliance with all federal, state and local laws

and regulations applicable to the District, including, but not limited to, the District's Contracts for Excellence with the New York State Education Department in effect during the term of this Agreement:

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N. To recommend policies to the Board and develop, implement, reasonably

interpret and ensure compliance with all policies, regulations, rules and procedures;

O. To carry out the administration and supervision of the District;

P. To organize and reorganize the administrative and supervisory staff; and

Q. To have in full measure all powers, duties and responsibilities provided by any statute and regulation, as such statutes and regulations may be amended from time to time, notwithstanding that such powers, duties and responsibilities are in addition to or broader than those specifically enumerated herein.

3. Board Role/Superintendent Communications.

The Board, individually and collectively, will refer promptly to the Superintendent, orally or in writing, for study and recommendation all significant criticisms, complaints, suggestions, communications, or comments regarding the Superintendent's performance of his duties. Individual Board members shall refer all personnel appeals, complaints and other communications concerning the administration of the District to the Superintendent for investigation and report to the Board. In addition, the Board and the Superintendent shall meet periodically to discuss the working relationship between the Superintendent and the Board.

4. Superintendent's Annual Objectives.

No later than September 1 of each year of this Agreement, the Superintendent shall submit to the Board a written statement of his proposed objectives for the fiscal year. Such objectives shall be consistent with the goals and objectives of the District's five-year strategic plan. No later than October 1 of each year of this Agreement, the Board and the Superintendent shall jointly establish the Superintendent's objectives, which annual objectives shall be stated in writing.

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5. Board Evaluation and Accountability of Superintendent.

A. No later than November 1 for each year of this Agreement, the full Board

shall comprehensively evaluate the Superintendent's performance of his duties and responsibilities. The evaluation shall focus particularly upon the Superintendent's achievement of his annual objectives, as of the end of the previous school year.

B. The evaluation shall be conducted in accordance with a format that

addresses, among other things, both the process and the instrument for the evaluation as well as the Superintendent's role in the process. No later than September 1 of each year, the Superintendent shall submit to the Board a recommended evaluation format. No later than 30 days after such submission, the Board and the Superintendent shall agree upon the evaluation format, which shall be stated in writing. If the parties cannot agree upon an evaluation format, the matter shall be submitted to mediation by a party mutually selected by the Board and the Superintendent within ten (10) calendar days of expiration of the thirty (30) day period. If the parties cannot agree on a selection, a list shall be requested from the American Arbitration Association and a mediator chosen according to the rules of the AAA. The evaluation, being a personnel matter, shall be conducted by the Board in Executive Session in accordance with the Open Meetings Law.

C. The evaluation shall address specifically areas and instances of positive

achievement and performance as well as any areas or instances of less than satisfactory achievement and performance, and as to the latter shall recommend steps for improvement. The evaluations shall be based upon the progress towards completion of the agreed upon objectives for the previous school year. The evaluation shall be in writing and shall be provided to the Superintendent, who shall have the right to respond to the evaluation in writing. Both the

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evaluation and the Superintendent's response (if any) shall become a permanent part of the Superintendent's personnel file. The Superintendent shall address the items in the Board's evaluation of him in his next proposed annual objectives.

D. If the Board and the Superintendent concur, they may engage in an

informal mid-year assessment of the Superintendent's performance in order to provide both parties with a sense of the Superintendent's progress.

E. The Superintendent shall provide the Board with a written report at the

end of each academic quarter regarding the progress of the District's annual performance objectives.

6. Annual Salary.

For the first year of this Agreement, the annual salary of the Superintendent shall be Two Hundred Thirty Five Thousand Dollars ($235,000), payable in biweekly installments in accordance with the rules governing the salary payment of other District administrative employees. The annual salary for the remaining years of this Agreement shall be increased by 2.5 percent each year. Any adjustments to salary and benefits made during the term of this Agreement shall be in the form of an amendment and shall become a part of this Agreement.

7. Vacation and Holidays.

The Superintendent shall be entitled to thirty (30) paid vacation days annually, accruing on July 1 of each year of this Agreement. In addition to the thirty (30) paid vacation days, the Superintendent shall receive the thirteen (13) paid holidays provided to other employees of the District, during each school year provided he remains employed as of the date of the paid holidays. A maximum of sixty (60) unused vacation days may be carried forward and accumulated for similar use in subsequent years. Unused annual vacation days may be

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converted, at any time, to pay at the per diem rate of the Superintendent's annual salary in effect at the time of the conversion. Upon cessation of employment with the District for any reason, the Superintendent or his estate shall be paid for all accrued accumulated and unpaid vacation days at his daily rate of pay of annual salary at the time of cessation. The Superintendent must give written notice of this conversion to the Board by June 30 of each school year.

8. Sick Leave.

The Superintendent shall be entitled to fifteen (15) paid sick leave days per school year, accruing on July 1 of each year, for personal illness or injury, or for leave under the Family Medical Leave Act. Unused sick leave days may accumulate to a maximum of two hundred and sixty (260) days. Upon termination of employment with the District, accumulated sick leave shall be paid at his daily rate of the Superintendent's salary in effect at the time of termination of this Agreement. The total amount paid to the Superintendent upon termination of this Agreement for unused sick leave shall not exceed Fifty Thousand Dollars ($50,000).

9. Leave for Specific and Miscellaneous Purposes.

A. Personal Leave.

The Superintendent shall be entitled to ten paid (10) personal leave days, accruing on July 1 of each year, for personal business or personal purposes. Any portion of the ten (10) personal leave days not used by the end of June 30 of each year may be carried forward and accumulated as paid sick leave days by notice to the Board by June 30 of each year.

B. Leave for Miscellaneous Purposes.

The Superintendent shall be entitled to such leaves as are required by law (e.g., leave under the Family Medical Leave Act: leave for required jury or grand jury duty: leave for required military duty: leave for compliance with a subpoena not related to employment: leave

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for required compliance with a quarantine order) in accordance with the applicable provisions of law. The Board, in its sole discretion, may approve other leaves upon application in unusual or unique circumstances, upon such terms and conditions as the Board deems appropriate.

10. Insurance.

A. During the term of this Agreement, the Superintendent shall be entitled to

select a family health insurance plan from among such plans offered by the District to its employees, and the District shall pay ninety percent (90%) of the full cost of the premium for the plan so selected as well as the full cost of the premium for the District's family dental insurance plan. Upon retirement, if the Superintendent has worked at least ten (10) years for the District, he shall be entitled to enroll and participate in health and dental insurance offered to the retired employees' group without contribution to any premium costs.

B. The District shall provide the Superintendent with a standard term life

insurance policy in the amount of Two Hundred Fifty Thousand ($250,000.00) for which the District shall pay the full cost of the premium.

C. The District shall provide the Superintendent with a standard disability

income policy that pays the maximum income benefit allowable for up to one year of disability due to illness and up to 4 years of disability due to accident or injury, after a waiting period of 6 months from the onset of disability, for which the District shall pay the full cost of the premium. For the waiting period of six months, or less if the period of disability is less, the District shall pay the Superintendent's full salary upon the exhaustion of all the Superintendent's accrued time credits.

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11. Residence.

The Superintendent shall maintain a permanent residence in the District during the life of this Agreement.

12. Business and Professional Expenses.

A. The District shall reimburse the Superintendent for reasonable and

necessary expenses incurred in the performance of his duties and responsibilities, including, but not limited to the costs of transportation outside Monroe County, lodging and meals, at the rates approved by the Board for administrative personnel of the District, upon presentation of signed vouchers itemizing such expenses.

B. The District shall reimburse the Superintendent for reasonable and

necessary expenses incurred in his professional development that will benefit the District, including, but not limited to, fees for memberships in national, state and local organizations of a civic, educational or service nature, and attendance at meetings and conferences of such organizations, and the costs of transportation outside Monroe County, lodging and meals, at the rates approved by the Board for administrative personnel of the District, where applicable, upon presentation of signed vouchers itemizing such expenses. Time spent by the Superintendent in attending local, state, national and other professional meetings shall be considered part of the Superintendent's normal business activities and shall not be considered personal or vacation time.

C. Nothing contained in the foregoing subsections A and B of this Section

shall be deemed to authorize the Superintendent to expend, or entitle the Superintendent to receive funds in excess of the amount appropriated therefore in the District's annual budget.

D. The District shall provide the Superintendent with a cellular telephone in

accordance with the Board's Cell Phone Policy No. 8332.

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E. The District shall provide the Superintendent with a multi-function hand

held device ("PDA") in accordance with the Board's Cell Phone Policy No. 8332.

F. The District shall provide the Superintendent with a laptop in accordance

with District procedures.

G. In lieu of providing the Superintendent an automobile, the District shall

provide the Superintendent a vehicle allowance of Six Hundred Dollars ($600) per month. The Superintendent also shall be entitled to out-of-District mileage, as provided by District policy.

13. Income Tax Liability.

The District shall deduct all required federal and state withholdings from the Superintendent's salary. The Superintendent shall be solely liable for any income taxes due and owing with respect to the payment or provision of any compensation or benefits under this Agreement.

14. Retirement.

The Superintendent remains a member of the appropriate retirement system of New York State, and any employee contribution to that system required by law shall be deducted from his salary. The Superintendent may participate in any tax-sheltered annuity program authorized by the District in accordance with all applicable statutory and regulatory requirements, Board policies and District procedures. The District makes no representation with respect to the inclusion in final average salary, for pension calculation by the retirement system, of any compensation or benefit set forth in this Agreement.

15. Longevity

The District shall pay the Superintendent Five Thousand Dollars ($5,000) if he remains as Superintendent of the District until June 30, 2014.

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16. Annual Medical Examination.

By August 1 of each year of this Agreement, the Superintendent shall undergo a comprehensive medical examination by a physician selected by the Superintendent at the District's expense. The Superintendent's physician shall file a written report with the Board certifying that the Superintendent is fit and competent to undertake the duties and responsibilities of his position. The Board shall be entitled to receive such medical information from the Superintendent's physician as is necessary upon two occurrences: one, if the Superintendent's physician cannot certify that the Superintendent is fit and competent to undertake the duties and responsibilities of his position and, two, if the Superintendent requests reasonable accommodations under the ADA or the New York Human Rights Law. In either case, the Superintendent shall execute such medical releases as are required to release such medical information to the Board. The Board retains the right to direct a medical examination of the Superintendent at a time other than the annual examination if the Superintendent makes a request for reasonable accommodations and/or if the Board seeks to evaluate the Superintendent's fitness for duty. Any reports from the Superintendent's physician shall be kept in a file separate from the Superintendent's personnel file and shall be available for review only by the members of the Board, and if necessary, the Board's attorneys, all of whom shall preserve the confidentiality of the reports.

17. Professional Consulting.

The Superintendent shall devote his full-time skill. labor and attention to the discharge of his duties during the term of this Agreement; provided, however. that the Superintendent may engage in consulting, speaking and writing activities in his discretion and solely at his own expense. At his option, the Superintendent may choose to use vacation to

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engage in such activities in which case the Superintendent may be paid fees or honoraria without turning such fees or honoraria over to the District, or the Superintendent may choose to use duty time to engage in such activities in which case any fees or honoraria paid to the Superintendent in connection with such activities shall be turned over to the District and dedicated for student leadership activities or such other use as the Board and the Superintendent may agree.

18. Defense and Indemnification.

A. The District shall defend the Superintendent in any civil action or

proceeding before any state or federal court or administrative agency seeking any type of relief, including compensatory or punitive damages, arising out of any act or omission that occurred while the Superintendent was properly exercising or performing his powers, duties and responsibilities within the scope of his employment, as determined by Counsel retained by the Board ("Counsel "). This duty to provide for a defense shall not arise where the action or proceeding against the Superintendent is brought by or at the behest of the District itself or by the Superintendent against the District.

B. The District shall indemnify and save harmless the Superintendent in the

amount of any judgment obtained against him in a state or federal court or administrative agency or in the amount of any settlement of a claim, in the nature of compensatory or punitive damages, provided that the Superintendent's act (s) or omission(s) underlying the judgment or settlement occurred while the Superintendent was exercising or performing his powers, duties and responsibilities within the scope of his employment, as determined by Counsel. This duty to indemnify and save harmless shall not arise where a judgment is obtained or a claim settled as a result of an action or proceeding brought by or at the behest of the District itself or by the Superintendent against the District.

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C. The District shall pay reasonable and necessary attorney's fees,

disbursements and litigation expenses incurred by the Superintendent in his defense in a criminal proceeding in a state or federal court arising out of any act or omission that occurred while the Superintendent was properly exercising or performing his powers, duties and responsibilities within the scope of his employment, as determined by Counsel. The Superintendent shall be entitled to retain private attorney of his own choice in such a proceeding, subject, however, to the approval of such attorney and his or her rates by Counsel prior to such attorney's retention. This duty to pay for a defense in a criminal proceeding shall arise only upon the complete acquittal of the Superintendent or the dismissal of all criminal charges against him.

D. In making the determinations required by this Section, Counsel may

utilize the cumulative information available to Counsel at the time Counsel makes the determination, including but not limited to any allegations, and any type of records or examinations or investigations by whomever conducted. Counsel's determination, if favorable to the Superintendent, may thereafter be revoked only if the Superintendent was misleading or untruthful in any documentation, examination or investigation with respect to any act or omission pertaining to the action or proceeding, and the truth causes Counsel to revise the original determination. Counsel's determination, original or revised, shall be III writing and served promptly upon the Superintendent.

E. The duties to defend or to pay for a defense and to indemnify and save

harmless shall be conditioned upon delivery by the Superintendent to Counsel and Board President of any notice, summons, complaint, accusatory instrument, or any other legal process within five (5) business days after he is served with such document. the full and truthful response by the Superintendent in any and all examinations or investigations into the incident(s) and

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transaction(s) upon which the action or proceeding is predicated, and the full cooperation of the Superintendent in the defense of any action or proceeding against him or against the District based upon his alleged acts or omissions and in the taking of any appeals.

F. Any determination of Counsel made under this Section shall be deemed a

final administrative determination and shall be reviewable in a judicial proceeding pursuant to Article 78 of the New York State Civil Practice Law and Rules.

19. Termination.

Upon termination of this Agreement and employment hereunder, the Superintendent shall be entitled to receive all compensation and benefits earned and accrued through such termination date, including but not limited to salary and accrued vacation and sick leave. This Agreement may be terminated upon the occurrence of anyone of the following events:

A. Death of the Superintendent;

B. Disability of the Superintendent. If the Board determines that because of a disability the Superintendent is not able to perform the essential functions of his job with or without reasonable accommodations, this Agreement may be terminated at any time. For purposes of this Agreement, "disability" means a medically determinable physical or mental impairment of the Superintendent, which (1) results from the Superintendent's sickness or injury, (2) requires the care of a medical doctor, for which the Board may require a doctor's report or proof; and (3) for a period of four (4) consecutive months prevents the Superintendent from performing the substantial and material duties of the Superintendent. The existence of a disability shall be based on a medical opinion from a licensed physician. The physician shall be selected by the Superintendent from among three nominees proposed by the Board and paid by

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the District. The District's obligations under Section 10.C. above shall remain in accordance with the provisions set forth therein.

C. Termination by Mutual Agreement. The Board and the Superintendent

may agree to terminate this Agreement based on mutually agreeable terms and conditions.

D. Unilateral termination by the Board. The Board may unilaterally

terminate the Superintendent's employment at any time without cause. In this event the District shall pay to the Superintendent a lump sum, as severance pay, the salary the Superintendent would have earned from the date of such termination to the date of expiration of his term of employment as set forth in Section I hereof, at the level of the Superintendent's salary on the date of such termination, and an amount for accrued and unused vacation, personal and illness days as provided in Sections 7 through 9 above. Upon the effective date of such termination, further provision of any other benefits contained in this Agreement shall cease.

E. Discharge for cause by the Board. The Board may discharge the

Superintendent for cause, provided that in so doing it affords the Superintendent due process. "Cause" shall mean: incompetence as determined by the Board based upon the evaluation of the Superintendent as set forth in this Agreement; willful misconduct, or neglect of duty that materially affects the Superintendent carrying out the duties in this Agreement; intentional and repeated insubordination; use of illegal drugs or abuse of alcohol; material breach of this Agreement; conviction of any crime; and any conduct which would constitute a crime. "Due process" shall include: no less than thirty (30) days prior written notice of the charge(s) upon which discharge is sought and a hearing by the Board or Board-designated Hearing Officer upon the charge(s) at which the Superintendent shall have the right to be represented by his own counsel. cross-examine the Board's witnesses and present evidence in his behalf and a written

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decision of the Board, following the receipt of the Hearing Officer's report and recommendation if a Hearing Officer is appointed, based upon the record of the hearing. Pending proceedings for such discharge, the Board may suspend the Superintendent with or without salary, at its discretion, provided that if such discharge fails to occur the Superintendent shall be entitled to any salary withheld. Upon the effective date of such discharge, further payment of salary or provision of any other benefits contained in this Agreement shall cease.

20. Legal Counsel.

The Board and the Superintendent acknowledge that each has been represented in the negotiation and drafting of this Agreement by independent legal counsel, and further acknowledge that each party's counsel has fully explained, and each party fully understands, the provisions of this Agreement.

21. Authority of Board.

The Board represents and warrants that, as a corporate entity created by and acting under the New York State Education Law, it has the authority to enter into this Agreement and thereby bind the District to the provisions of this Agreement in accordance with its terms.

22. Entire Agreement.

This Agreement contains the entire agreement of the parties, notwithstanding any prior oral discussions or any other writings. This Agreement may be modified only by written amendment signed by both parties.

23. New York Law and Venue.

This Agreement shall be interpreted and applied in accordance with the law of New York State, and the venue of any action or proceeding involving any provision of this Agreement shall be Monroe County, New York.

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24. Savings Clause.

If, during the term of this Agreement, a court of competent jurisdiction finds that

a specific provision of this Agreement is unlawful, the remainder of the Agreement not affected

by such finding shall remain in full force and effect.

IN WITNESS WHEREOF the Board has approved this Agreement by

Resolution No.: ';)qJJ._ It" 'Jv7 and the President of the Board and the Superintendent have affixed their signatures to this Agreement this Is r day of M(/h..~ 2010.

~~'::~~------

Malik Evans

President, Board of Education

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ACKNOWLEDGEMENTS

State of New York

County of Monroe SS.:

City of Rochester

On thisPt-day of ~~1O before me personally came and appeared Malik Evans, who, being duly sworn, did depose and say that he is the President of the Board of Education of the Rochester City School District, the education corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by virtue of the statutes of the State of New York, Rules and Regulations of the Board of Education; and pursuant to a resolution of the Board of Education adopted I Vl I). '1 I; Cl , and that he signed his name

thereto by virtue of like authority. '

(SEAL)

State of New York

County of Monroe SS.:

City of Rochester

On this /5/= day ofioL~J..-... ,2010 before me personally came and appeared Jean-Claude Brizard, to me known to be the person described in and who executed the foregoing

instrument and acknowledged that he executed the s~ & __ --

C1'

(SEAL)

CHARLES G . .JOHNSON Notary Public, State of New York .Q~alified in Monroe County

Crmmlsslon Expires September 18. 1~( J

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