CONSULTANT / ACTING SUPERINTENDENT'S CONTRACT

Transcription

1 CONSULTANT / ACTING SUPERINTENDENT'S CONTRACT This Contract entered by and between the Monroe County Community School Corporation of Monroe County, Indiana, and Indiana School District, hereinafter called District, and Timothy F. Hyland, hereinafter called Consultant / Acting Superintendent, WITNESSETH: WHEREAS, the District desires to hire Timothy F. Hyland as Consultant / Acting Superintendent of the Monroe County Community School Corporation of Monroe County, Indiana, and Timothy F. Hyland desires to be so hired; and WHEREAS, the parties desire to fix the terms and conditions of employment; NOW, therefore, for and in consideration of mutual benefits passing between the parties, it is agreed as follows effective January 6, 2011, Timothy F. Hyland shall serve as a consultant and acting superintendent: 1. INDEPENDENT CONTRACTOR: The District hires Timothy F. Hyland as Consultant / Acting Superintendent and Timothy F. Hyland accepts this employment and agrees to render services in accord with terms of this contract. Both parties agree that Timothy F. Hyland shall not be an employee of the District. Instead, the services that Timothy F. Hyland will render for the District will be as an independent contractor. 2. TERM: The contract term of service shall be from January 6, 2011, until the District names a permanent superintendent, but not later than June 30, This Agreement may be terminated upon five (5) days written notice by either party at any time without cause and upon five (5) days written notice upon the employment of a permanent superintendent. The District may either mail or deliver to the Consultant / Acting Superintendent written notice indicating that the District has employed a permanent superintendent. The notice shall further state what the last date of employment shall be for the Consultant / Acting Superintendent. The parties agree that the form of notice attached hereto as Exhibit "A" may be utilized for this purpose. The Contract term of service may be extended by mutual agreement of both parties. The parties agree that the form of Addendum attached hereto as Exhibit "B" may be utilized to extend the Contract term of service. 3. DUTIES: The Consultant / Acting Superintendent shall faithfully perform the duties of Superintendent of Schools and serve as Executive Officer of the District. He shall perform those duties as they are now or shall in the future be fixed by law and shall perform the duties assigned and prescribed from time to time by the Board of School Trustees. 4. PARTIES RESPONSIBILITIES: a. Superintendent: The Consultant / Acting Superintendent shall have the full responsibilities of the Superintendent of Schools and 1

2 District's Executive Officer, including, but not limited to: (1) the organization, reorganization and arrangement and assignment of the duties of the administrative, supervisory, teaching staff, non-certified staff and independent contractors in a manner that best serves the interests of the school corporation; and (2) the responsibility for all general matters pertinent to business affairs, construction, facility maintenance, teacher selection, placement and transfer of teachers and administrative personnel; provided, that in exercise of such authority and responsibilities, the Consultant / Acting Superintendent shall consult with and secure approval of the Board of School Trustees of the District. b. District: Through District's Board of School Trustees, the District shall provide the Consultant / Acting Superintendent with periodic opportunities to discuss the Superintendent-Board-District relationship. 5. TIME: The Consultant / Acting Superintendent shall devote his time, skill, labor and attention to his employment as Consultant / Acting Superintendent. This Contract shall not prevent the Consultant / Acting Superintendent from engaging in civic or professional work provided that it does not interfere with his school duties. 6. CERTIFICATION: The Consultant / Acting Superintendent shall furnish the District throughout the life of this Contract a valid and appropriate certificate issued by the Indiana Department of Education evidencing his qualification to serve as Consultant / Acting Superintendent. Also, the Consultant / Acting Superintendent must complete a criminal history check and the results of said criminal history check must be satisfactory to the District. 7. SALARY: The salary shall be paid at the daily rate of Six Hundred and Seventy-four and 52/100 Dollars ($674.52) for days actually worked by the Consultant / Acting Superintendent. Consultant / Acting Superintendent will also be paid mileage at the Corporation rate for travel related to Corporation activities. 8. FRINGE BENEFITS: The Consultant / Acting Superintendent, as an independent contractor, shall receive no insurance benefits, retirement benefits, leave time or paid vacation as part of this agreement, except as provided under paragraph 9, Personal Days. 9. PERSONAL DAYS: The Consultant / Acting Superintendent shall be entitled to take ten (10) personal days during the term of this contract and be entitled to receive the daily rate as provided under paragraph 7. The Consultant / Acting Superintendent shall notify the School Corporation in writing if he elects to take a Personal Day. Upon termination of the agreement, the District shall not be obligated to pay to the Consultant / Acting Superintendent for any personal days not used. 10. FORCE AND EFFECT: This contract shall continue in full force and effect for its term unless altered or rescinded for a new one at any time by mutual consent of the 2

3 parties hereto. 11. SEVERABLE: The validity or unenforceability of any provision shall in no way affect the validity or enforcement of any other provision. 12. WAIVER: Except as to statutory requirements, failure to insist upon strict compliance with any of the terms, covenants, or conditions shall not be a waiver of the term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any time be a waiver or relinquishment of the right or power at any other time or times. 13. LAW: This Agreement is in every respect subject to the provisions of the laws of the State of Indiana in effect during its terms as set forth. IN WITNESS WHEREOF, and pursuant to the actions taken by the Board of School Trustees at its regular public sessions on January 6, 2011, the parties hereunto set their hands and seals, in duplicate, this 6 th day of January BY: President Secretary Timothy F. Hyland Consultant / Acting Superintendent 3

4 EXHIBIT A NOTICE THAT THE CONSULTANT / ACTING SUPERINTENDENT'S CONTRACT HAS ENDED Comes now the Monroe County Community School Corporation of Monroe County, Indiana (hereinafter called "District"), which now informs Timothy F. Hyland, Consultant / Acting Superintendent as follows: 1. That the District has hired a permanent Superintendent. 2. That the last date of the employment of Timothy F. Hyland as Consultant / Acting Superintendent shall be By: President, Board of School Trustees Secretary, Board of School Trustees

5 EXHIBIT B A D D E N D U M E X T E N D I N G CONSULTANT / ACTING SUPERINTENDENT CONTRACT Comes now Monroe County Community School Corporation of Monroe County, Indiana, hereinafter referred to as District, and Timothy F. Hyland, hereinafter referred to as Consultant / Acting Superintendent, and the parties agree that the Term as stated in the Consultant / Acting Superintendent's Contract shall be modified and extended. The contract term of service shall now be extended until such time as the District names a permanent superintendent, but not later. Except as indicated above, all other provisions of the Consultant / Acting Superintendent s Contract shall remain in full force and effect. So agreed to on the dates indicated below: Date By: President, Board of School Trustees Secretary, Board of School Trustees Date Timothy F. Hyland Consultant / Acting Superintendent