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CONTRá,CT OF EMPLO)TMENT
S

UPERINTENIDENT

O F'

S

CHOOLS

crlïl

oF spRINcFrELD, Má.ssAcHUsETTS

This Agreerrent, cfiective ¡s of ths [r, day of July, 200g, is made by and befween the City of SpringÍeld',Mlssachusetts, acting by and-ttuougrr-its Financc contol Board, cxercising the power of the school cos¡miaee p*r:o*t to sectioi 4(dX2) of chaptcr 169 of the Acrs of 2004, (c-ollectiveþ referrod to herci¡ as the "Cit/' or ..òá*-in"",,), and A¡¡n J. Iugrem (hcreinafter
referred to as "supaíntendent"), couecdvciy, tt u ?"rti*r".

- - It is expressly unde¡stood bctween the partios ttrat the Financa coutrol Boa¡d has thc authority to exercise the power of the School Committs€ ¡nd that lhe torms of this Agrecmcnl are bT¿tng for its duration t'nlçss mrrfually amendcd by the parties l*s"1lv in wriring, or earlier termjnated under the terms atrd, conditions of this AgrcernentNOlv' THEREFORE, in oonsidøration of rhe promises herein contained, rhe pa¡ties heroto munrs.lly agree
¿Ls

follows:

thc final year of the

^AJ{D TERM: The Commìttee hereby employs Alan J. Ingram as Superinteirdent of the Springfield School Diskict sup*iot"oi*t boreby accepts and agrees to such eurployment, for a term comrnencing ae of"r,a July t, zoot, and earding-J*" â0, 2012. The paÍies may exfend the term of fhis Agreement at auy ú*e by mutual consent. By Febrrrary

1'

EMPLoYMENT

contract,

Superintendent of its intent to r€new o. oorñerru* tüÍs contract

inciaing âny cxtensiorç thc Committee must notify

I of
the

2' DUTIES: The Srryerintendent wili comply faithfülly with all applicable law, inoluding without limÍtatioru all of the applicablc provisions of Massachusetts Genaral Laws, Ls may be amended, and any sucocssorprooisions tho*to ("School Ir;;?, th. rules and rcgulátious of tho corr¡¡n6t\¡/.alth of M¡ssachusetts and the rules ä¿ r.ug,rl"tio*'åin" co-*¡ttee, all as may be 3me_n!¡4 and any successor provisions thereto, and hc will pcrform all duties whioh rnay be lawfully required of him by thc com¡nittee. Dwing the ìerm of employm*t r,.ru*ara Superintendent shall gryot" his full timg atteqtion ¡.nd best efforts to the busincss of fhe Commiftee and to tlre fulfillment ofhis dutics hereunder.
under his suporvisiou; sh¿ll havo freedom to organize, "ñig" reorganize and arrangc the adminishative Subject ts thc authori? of the Springfield Finance Contol Boa¡4 the Superintendent shall select all personncl; shail dircct ani t.*t.r. r;;-th* eirrployees of the schools

equivalent staft ¿¡rd shall have the authority to immediatåly ìá".pr resignations ofpersonnol, for znd on behalf ofths Committee.

*¿ U*ùr"rs" affairs, as best serves the School DistrioÇ providcd that the Superintendent shall consult with and adviso thc Commirtee before implementing admi¡i5hative transfsr of school principal(s) or assistant supennìlnJents or

and supervisory staf{ inoluding insEr¡ction

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The Committee either collecfively or índivídually, shall pmmptly refer ro the Superintcndent for the Superintendont's study and recommcnd.atioa all complaints, and suggastions callcd to their ettcntion rclarive to thc Supcrintendenr "ririciims, the school disbict or which Committec members reasonably belieye to be signifir*t *d shall rctain from individual interference with the ad:rrinish¡tíon of lhe school policiis except througþ Committee action.
This is 8n agreement for the performance of professional services as Superintendent and the Superintcndcnt shall not be assigned to any other position or heve his dìties reassigned without his consent.
The Parties fi¡rther agree to devote time and enÞrgy up to a minimum of 30 hours each year of the agreement to zubstar¡rive work sessionr on goal setting, the establishmènf of performance standa¡ds and measu¡es, aud protocols for evatuation of a[ ðertificated staff.

3'

COMFENSATION: The Superintendcnt shall

be paid a-salary as follows:

Jnne 30, 2009.

The Superintendent's base salarywill bc $190,000 for the period July l,2û08 through

The Pa¡tics sh¿ll mutual.ly agree upon and set forth in uiriting cefain performence for each school ycar of the Term. These goals for FY200E will be csìablished in consr¡ltation ¡vith the Superintendent at the August 2008 refreat described in paragraph 5 below or as otherwise agreed to by the Superintendent and the Committee. Perform¡nce goals for subseguent years shall be established prior to the adoption ofthe fiscal year budget
measì.tros

The Supcrintendent shall receive an a¡nual percentage increase in his base salary cqual to the 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 süd the Committee æ set ficrth in the following paragraph, The Superintcndent sh¡ll also be eligible on an annual basis for arr addjtional incrçase of b¿se snlary, based on his aohievement of performance goals as establishcd undcr this Agreement. The Committee rnay, in its discretion" increase the performanco based compensation or base salary at any time- At no time shall the Superintendent's compensetion bc decroascd during the term of this Contact.

No lator than January 31, 2009, the Superintendent arid School Cornmittee shall confer and select a consulta¡t or other qual"ified individual to dcvelop a list of cornparable districrs to the Sprin8ûeld School District for purposes of bcnchmarking salary increasãs described above and folfåe purPoses set forth in this paragraplr- Begirming no latm than January Z0l0 ¡nd concluding no ltt€f, then June 30, 2010 the Superintendent and School Committeó shall ønploy the selected consultant or other qualiñed individuat to cond.uct a survÕy of total cornpe.nsation for cornparable school districts and, effectivo no later than July 1, 2010, shall adjust thc toral compensation for the Superintendent to a levol uot less than the average total compensstion for the superintendents of schools in thesc cs-parable diskicts, provided, however, that the Sohool Commíttee may adjust the total compensatiòn for the Superintendent to a higher level basod on his achievement of performanoe goals as est¡blishcd under rhis Agreement.

l,

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STATE RETIREMEI{f SYSTEM CONTRIBUTION: The Supcrintendenl shallbe a momber of the Teachetr's Retirerqeot System as required by Massachusetts General Laws,
.Chapter 32, Section 2.

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5.

¿.NNUITÍ:

expenditure, or I combination thereo4 at the Superiltenderlt's election, consistent with Intemal Reve.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.

403 (b) plan, 401(a) plan, dcferrod compensation plan, auothor retircment-related ftrnd or

The Committee shall make a conrÍbution to a tax-sheltered a¡rouiry plan,

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governancc through positive and productive cornmittee..superintendenr relations, the Committee shall schedule ar least two reheats per yeâr with the Superintendent, focusing on disnicr governance, 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 a framoc¡orh formaf and agenda for the reteau- The Supàrintendent also sh¿ll participateìn the committee's self-evaluation pmcess arrnually, as directcã by the committee"

COMMITTEE-SUPERINTENDENT RELATIONST To ensure effective district

7. DVÀLUATION: Arurually, on or before June 15 of each conrârt yoar, the Committee shall review with the Superintendent the Superintend.ent's progress toward meøting established goals and âssess the working relationships a-oug th. Sopãrinændent, the Committee, the faculty, the staff, and the community; providd howeveç in t¡r. last year of this conhac! the revigw shall take place e¡ or before January3l. The Superintcndentls evaluation shsll be in writing, in a form that is mutually agreeable to the Commitree and the Superintenden! and shall bc rcasonably related 1o thc Superintendent's dulies, goals and objectives for the year in quostion. In the event that the Committee determines that the Sryerinte,ndent's performance is unsatisfaotory in atry respect, the evaluation shall describe, in rcasànable detail, the instances of unsatisfactory performance and recommcnd¡tions for improvernent. The Conmittee shall prowide the Superíntendent with a copy of his evslugtíon. Within rhirty (30) days thereafter or at such other time as is mufirally agrecablc, the Committee shall meet with the Superintendent to discuss the evaluation. The Superintcndent shall havc the right fo submit a wrínen reaction or resPonse to the evaluation. The rcsponee sh¿ll become a pernanent attach¡nent to the Superintendent's evaluation- In alt ínstances whorc the Comrnittee deems the Superintendent's perÍìormance to be unsatisfactory, €xcept in the c¿se of malfeasance, tho Comnittee shall allow the Sr¡perintendent a reasonable period òf ti-" to improve in tbe areas identiñed. 8^
lttg Corynt6ec maY terminate this Agrcemørt without fu¡ther financial obligatiorç for cauee defi¡ed herein. For purposes of this .{.greement, ,.cåuse" is defined and shsll bc limited
TERMINATION OF AGREEMDNT BY SCHOOL COMIdITTEE F'OR CAUSE:
as

to

grounds set forth in Massachusetts Geueral Laws, Chapter 71, Section 42, æ may be arnend.ed or any sucçossor provision thereto_

The Committee may terminete the Superintendent for Cause, thereby terminating this Agreernenl prior to the expiration datç statod abovø, providod the Superintendent has been gÍven an opporfunity for a hcaring beforc the Comrnittec, A¡ affirrnative vote of a majority of the

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membils of the Committee is requÍred for termination for Cause- The hearing will bo conductcd oomplying with Massachusetts Gcneral Laws, Chapter 39, Section 238.

The Committee will provide the Superinte¡de¡rt l¡/iih 30 calendaf dayæ norice of said 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 ón behatf of t}¡e Superintørdent. The Superinteadent, upon tim"Iy reques! -ill ¡eceive, atieast five (5) busincss days prior to the hearing copies of all relevant documents on which the Committee intonds to rely for said proposed termination.
hearing

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op]ion, and by a minimum of ninery (90) days notice to the Superintendent, unilaterally terminate this contract during its torm without cause by a trvo-thirds (2/3) vote of its rnembo*Ítip- I¡r the cvent' of such termination, the Committce shal'l pay to the Superintendent, as severarcc pay, all of the zggregate salary the Supcrintcnder¡t would have eamcd under paragraph 3 of úis contract until the expiration date of the contract or for cighteen monthi from the achøl dafe of termination, whichever is less. AIso, all other Committee paid benefits shall continue until thc expiration date of thc cont¡act or onc year, whichover is less, unless otherwise agreed upon by both pafies or until the Superintendent obteins employment with comparable be.,eñt".

U¡ITLATERAL TERMINÀTION BY COMMITTEE: Thc Commin¡e may, ãt its

notíce to the Committee. Said notice shall bo cffective or th"

TERIVIINATION OF AGREEME¡ìT BY SUPERINTENDEI.ÌT: The SuperÍntcndent may terminate this Agreement bsfore the end of the TÊrm, by gl"ing oioety (90) calendar days

10.

registered mail, rehrrn receþt rcquested, to the School Conmittee, Springfcld Public Schools, 195 Stare Shee! Springficld MA 01103 or to another location commãnly ideutified as rhe headquarters for the School Departnent should the hendqurrters location of the Deparknent move during the life of thís agreement, with copies to the Malor of the City of Springfield, 36 Court Shcet, 2nd Floor, Springfeld, MA, 01103, and the City Soticitor,36 Court Sueet, Room 210, Springlñeld lr4a 01t03.
_

art. r""áirr"d,

whcn ,"or úy

11.

åt any time during the Term of this Agree,ment, the Committcc shail payhis surviving spouse, if âny' or if the Superintendent does not have a surviving spouse, to ne Superintendent's cstatc, an amount oqual to the portion of the Superintendent's salary and inccntivccompensation to u¡hich he was entitled through the date of his death, payable within one (t).oo.rth of the date of his

PAYhíENT IN TFE EVENT OF DEATE: In the event of doath of thc Superinturd.ent

death, together with such payments or benefits as arc authorized. by applicable law or the Commitfee rules-

Í2, CERTIFICÄTE: The Superintcndent shall furnish and maintain throughout thc Term a v1[id and applopriate certification or waiver qualifying or allowing him to act à Superintcodenr of Schools of the Cífy of Springfield as rcquired by Massachusetts General Laws, Chapter 71, Section 38G. 13'
rcsidence wíthin the Ciry of Springfield during rheTerm.

RESIDENCY: As a conditiou of employment the Superintenrdent shali

maintain

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tñL Committee Chaiç thc Superintcndent shall be occasional, short-tpnn basis, witÎr "ppt*A "f engegements, tcach a class or seminar ffrd serye &s a permitted to undertako writing aaa sperting consultant to other school ãi"U"t or cducãtiãnal agencies. Tho Supcrinteadent may be tle compensatcd, for such permitted activitics without loss of pay under fhis conhacÇ provided accornplished on vacation, holiday or other non-working time. These outside atiüties aro activitiæ shall uot inierfere or oonflict with the performaoce of thc Superintcndent's duties under this cont-act nor shatl the provisions of this fuagraph operatë to probúbit the Supenntondent from participating in professional development or other profossional activitics.

compensated professional and employrncnt activitíes to the business of the School Distríct except an this paragaph or approved in advanco by rhc Commitee. to the extcqt permitted

t4- coNsIlLTINc A¡{D OInSIDE
in

EMPLOyMENT: The Superintendent shall confine
-On

t5. REIIIÍBURSÞb{ENT FOR TnÄ.VEL EXPENSES AIID DUES: Thc supcrinteaderrt wíll be reimbursed for a[l approvod oxpcnsas hcurred in the performance of his duties, including but not linitÇd to costs of Eansportation and attendancc at åppropriate city, sf.ate and nafional

meetings and oonfcrences, aüd dues and membership fees to professional associadorx- All outof-statc u¿vel shall be approved in advanco, Reimbu¡semenf for meals and expcrises sball be in Bocordanco uríth the procedures of the City of Springfield-

.

of his cmplo¡rnent, have a mo¡or vehiclc available for his use on a regular basis and to make use of said v"tri"i" to visit tho schools in the Springfield Public School slÆtem on a regular basis, to attend meetings of the Committee and with the adminiskators of the s1ætem, to attend those professional ,n'crtings, conferences and conventions whiçh hc elccts to attend and which arc held in locrtions í¡sidc thc Cornmonweallh of Massachusetrc but within one hund¡ed fifty (150) miles of Spriugfield and which aro reasonably conducive to motor vehicle travel from Springfield, consideration of these rcquirements, thc C.ommittee shall Pay the Massaohùsetts. Superintendent 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 of all other experrses pertaíning to s¡id vehicle.

16.

TRANSPORTATION: The Committee requires that the Superi:otendeut,

as a condition

TECIINOLOGY SUPPORT; The Con¡mjtt¿e shall providc Superinændcnt witl a Blaclùerry or cquiv¿lcnt device, home fa:t m¡Dhine, laptop computer ar¡d home printer for cffective mod"*-"ommunication. All maintenance and. other monthly or recurring charges for this eleckonic equipment shall be at thc expeuse of the Dstrict end all such cquipment shall

11.

remain the properf,y of the Dist¡ict.

ANNUAL VACATION: The Supe,rintendent shall receive twenty-two (22) working annual r¡acation exclusive of legal holidays' The Committeo Chai¡ shall be advised in days advance of all vacations, which ar" *oir than ñve (5) consecutive working days in length.

lS.

lo usc all of his eamed vacation in a year andlo¡ be unaÛle to schedule v¿cation 8t a dcsirable time. In consíd,cr¿tion of ruch ci¡cr¡mstances a¡d the u¡ique nature of his work, the
ahle

In order to provide essential seryices to the Cornmittee, the Strperintondent ma] not bc

r to the next, for a period of onc (1) yearor, at thè Superintendeat'selectio¡, ihe Committcc shall annually, onor about
Supcrintendent may carry forward unused vacation time from one ye

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

INSUR*4,1{CE: The Corrmittee shall provide hospitd, surgical, major medical, and dental insu¡anco coverage for the Superintendcnt and mernbers of the Superintendent's im-modiate family during the term of this contract, in aceordance with the basic
insurance progrsm provided by the Distriot for principals.

19' HEALTH

20, DISABILITY INSURANCE: The Committec wilt hold a policy fo¡ the Superintendent which includes a disability insu¡ance of onc hur¡dr€'d percent (I00%) sf hi5 annual compensation package. In the event of rhe Superintendent's disability, thc Com"'ittee will be relieved of any further 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 wirh term lifo Ínsurance q'ith a death benefit of tc,o times his salary, rognded to the nearest thousand" plovided the Superintendent meets the ordi¡¡ry requirements of the inswer. The Superintendent shall be allowcd. to name all beneficiaries under this policy.
SICK LEA\IE AND DISABILITY^ For eech contract year, the Superiniendent shall be entitled to an anqual yearly accumulatiou of eigbteen (18) days of sick lcavc. Consistcnt wiù p¡iorpractice, the Supcrintendent shall be advanced thirty (30) days of sick lcäve as of July 1, 2008, which sballbe dcduoted from his annual g¡crual. Unused sick days shall be os¡¡lative to the maximum allowable for certiñed adrninistrative employees.
Should the Superintendent become physically or mentally dísabled from performing any substantial dutypermanently or for a pcriod of ninefy (90) calendar dap in any 180 calendar-day period, the Committee may, at Íts option, terminate the Superintcndent's employmenl upon thí{y (30) days u¡rimen notice to the Superintendent and thc opportunity for a hearíng before rhe Committee on the isstres of disabitify and pe¡formance. ' Upon termination for this reason, the Conrniftee shall pay the Supe,rintendent for any accumulated but rurused sick leave, up to a maximum a¡nount of twenty thousand dollars ($20,000.00), md, if pormitted by the District's health and life insurance progrlm, continue snrch insuraace at its exp€rnse for a period of sixty (60) days aftcr tcrmination. This sÍxty-day period shall be included ur the oalculation of the time period avaÍlable for continuatiou coverage (commouly refcned to as COBF,A coveragc) under the Interq¡l Rcvenue Code of 1986.

Z7-

23- PFYSICAL EX¿MINATION:

The Superintendent shall, at School Dcpartment

tvill sign a rclease B¡ving the physician permission to discuss and, give a written report of all mcdical facts and thc physícian's findings with the Chairman of thc Committeo- To thc best of

exPense, be examined by a physician mutually agrced upon by the parties, Tho Superintendent shall make availablo a release to said physicían for all prior rnedioal records. The Superintendent

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the Superintendenfs larowledgc, the Superinte¡rdent is unaware of any medical reason hc ca¡mot perform the duties of Superintendeut.

24. DEI¡ENSE OF CLAIMS: Thc Superintendent shall be aflordsd the proteotions from claims ard suitç as permitted by state law, and the Com¡nittee will undertake to defend hìm in all such actions. The Committee will provide orrors a¡rd omissions insursnce coverâge insuring or indemniSing the Superintendcnt against all damages arising out of the performance of his duties.
NOTICES: Any notice to be give,n under this Agreernent shall bc sufEcient if in writing, sent by registered or ccrtiñed mail or deüvered in hand to the puty involved at the address of Committee Mcmbers and of the Superintcndent or to such other ad&ess as eithsr Party may specify to the othsr in writíne. In the case of mailing, the date three (3) days afterthe date of mailing of such noticc shall be deemed to bo the datc of delivery, Otherwisg the day of actual hand delivery to the Superintendent witl be decmed the datc of delivery.

25.

26. AMENDMENT: This Agrecment may be amended during its terrn by muhral written consent of the Commìttee and the Superintendent- Any such emendrnent shall be in writing and executed by all of the ofñcials listed on the signature page to this Agreemert for so loug as thc Finanoc Control Boa¡d 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 ofñcials listed on the signaturc page to this *tgreernent, wÍth the exccption of the Executive Director of the Control
Board.

ASSIGNIvÍENTI This Agreement shall inrue to tho bencfit of and shall bo binding upon, the Committee, its successor and assigns, and the Superintendent" but not bc assigned by either party-

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?8.

its applicatioD to any circurnstances to any extent is

SËVERABILITY: ln the event any tenn, paragraph or provision of this Agreement or deemed invalid or uneuforceable, the

romainder oFthis Agreoment shall be valid and øqforcoable to the fullest extent permined by taw.

29^ 30.

APPLICABLE

LAW:

accordance with the laws of the Comme¡u/ealth of Massachusetts and all action¡ ¡¡ firmFden County in the Commonwealth of Msssaohusetts.

This Agreement shall be governed by and consl¡ued in will be brought

PARAGRAPII HEADINGS: The scction headings contained herein are for referencc only 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/¡

Appmved

as

to form:

t/æ/ze
Reviewed:

REVIEWED AND APPROVED:

DateSigred:

¡ud

CONTROL BOAR-D DESIGNEE

L

/Sl "@

STEPEEN P- LISAUSI{AS
E)CÐCUTT\/E DIRECTOR
Date

FINA¡ICE CONTRqL B0ARD sigrred, l lZf o f

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