AGREEMENT BY AND BETWEEN CITY SCHOOL DISTRICT OF THE CITY OF ALBANY AND DR. MARGUERITE VANDEN WYNGAARD Agreement made this __th day of August, 2013, by and between the Board of Education of the City School District of the City of Albany, a City School Distriet duly organized and existing under and by virtue of the laws of the State of New York, having its offices in the City of Albany, County of Albany, and State of New York (hereinafter "the District"), and Dr. Marguerite Vanden Wyngaard, presently residing at 15 Greyledge Drive, Albany, New York WITNESSETH: WHEREAS, the Board of Education of the District (hereinafter "the Board") at a meeting duly held on September 12, 2012 passed a resolution appointing Dr. Marguerite Vanden Wyngaard as Superintendent of Schools of the District (hereinafter "Superintendent") for a period of three (3) years from September 24, 2012 through September 23, 2015; and WHEREAS, the Board at a meeting duly held on July 30, 2013 passed a resolution continuing the appointment of the Superintendent until June 30, 2016 with said term terminating ‘on June 30, 2016 and making other changes to her terms and conditions and the District wishes 10 employ the Superintendent in such capacity; and WHEREAS, the Superintendent has accepted the continued appointment to the position of Superintendent of Schools and changes in her terms and conditions; and WHEREAS, the parties wish to enter into a written Agreement (hereinafter "Agreement" pursuant to the Education Law of the State of New York setting forth the terms and conditions of employment incidental to said appointment and the Board by its resolution authorized the President of the Board to enter into an Agreement with the Superintendent. This Agreement shall supersede and replace any prior agreements between the parties. NOW, THEREFORE, in consideration of the mutual promises set forth herein and pursuant to the aforesaid Resolution, the parties agree as follows: E AND WORK YEAR F In accordance with the resolution of the Board of Education, the Superintendent's term of office shall be extended to and shall terminate on June 30, 2016, unless further extended or earlier terminated in accordance with this Agreement.2 ‘The Superintendent's work year shall be July I to June 30 of each year, less any vacations or holidays as provided herein. I. DUTIES AND RESPONSIBILITIES OF SUPERINTENDENT, 1 The Superintendent shall be the Chief Administrative Officer of the Distriet and shall be required to perform all the duties and responsibilities usually required of a Superintendent of Schools and by the Education Law and other applicable statutes, laws, rules, and/or regulations and those duties and/or responsibilities established and delegated by the Board and to meet all reasonable and proper requirements of the Board. Specifically, the Superintendent shall be responsible for, but not limited to, the following (a) Organize and/or reorganize the administrative and supervisory staff, and instructional and non-instructional personnel, in a manner which in the Superintendent's judgment best serves the needs of the District ) Recommend to the Board as a prerequisite to either the appointment, tenure, or dismissal of both instructional and non-instructional personnel © The Superintendent will attend all Board meetings and have the right to attend any Board meetings, both in public and executive session, except that she may be excused from any executive session wherein her performance, evaluation or employment agreement is the topic of Board's discussion, @ Carry out the duties set forth in Section 2508 of New York State Education Law, as amended or superseded. © ‘The Superintendent shall have the authority to initiate and approve transfers of District personnel, from one schoo! building to another or from one grade or a course of study to another grade in such course of study, in accordance with any applicable collective bargaining agreement. © Supervise and direet deputy, assistant and other superintendents, directors, supervisors, principals, house principals and assistant house principals, teachers and all other persons employed in the District. (@) Consistent with and pursuant to Education Law §211-B (5)(a) the Superintendent shall cooperate fully with any distinguished educators appointed by the Commissioner of Education. (b) The day to day management and administration of the District, (i) The Board may prescribe additional duties, responsibilities, rights and authorities for the Superintendent provided that the Board shall not:@ without notification and consulting with the Superintendent, take any action which impairs or reduces the duties, responsibilities, rights and authorities of the Superintendent specified in this Agreement; di) assign duties or responsibilities to the Superintendent which are inconsistent with those normally associated with the position of the Superintendent: Gi) assign duties or responsibilities to the Superintendent without, at the same time, granting to the Superintendent the additional rights and authorities which are reasonably necessary to carry out those duties and responsibilities. 2. During the term of this Agreement, the Superintendent shall faithfully, diligently, and in accordance with accepted professional standards perform and discharge the duties and responsibilities of Superintendent of Schools of the District as the same are set forth in the Education Law and other applicable statutes, laws, rules, and/or regulations and the duties and/or responsibilities established by the Board pursuant to such statutes, laws, rules, and/or regulations. Further, during the term of this Agreement, the Superintendent shall devote her full time, skills, labor, and attention to the performance and discharge of her various prescribed and established duties and/or responsibilities, provided however, that upon the express prior written consent of the Board the Superintendent may, on occasion, undertake consultation work, speaking engagements, and/or professionally related writing or lecturing provided that any such activity @ is performed at no expense to the District; o) is done on other than District time, except that activities related to education such as BOCES meetings, may be performed during the work day; © does not confliet with the Districts interests; and @ does not interfere with or materially affect the performance and/or discharge of the Superintendent's duties and/or responsibilities under this, Agreement. 3 ‘The Superintendent represents that she will, throughout the term of this, Agreement, hold a valid certificate to act as a Superintendent of Schools in the State of New York and that proof of such certification will be furnished to the District Clerk upon request. The failure of the Superintendent to hold and maintain such certification shall be cause for the immediate termination of this Agreement and of the employment of the Superintendent. Ifthe facts upon which the Board based its decision to employ the Superintendent (ic. her resume, employment application) are found to be false, such inaccuracies shall be cause for the immediate termination of this Agreement and of the employment of the Superintendent. 4 ‘The Board, individually and collectively, shall promptly and discreetly refer to the Superintendent for her study and recommendation, any and all criticisms, complaints, suggestions, communications or comments regarding the administration of the Superintendent's performance of his/her duties,u. COMPENSATIO. 1 The Superintendent shall be paid, as a base salary, for the 2013-2014 school year the sum of $193,800.00. Increases beyond the 2013-2014 school year shall be negotiated by the Superintendent and Board. 2. For each subsequent school year of employment, the Superintendent's base salary shall be determined by negotiations between the Board and the Superintendent based upon the Board's evaluation of the Superintendent's performance during the prior school year. However, the Superintendent's base salary for any subsequent year of her employment shall be no less than her annual base salary for the prior year 3. Such compensation, less deductions required by law or authorized by the Superintendent, shall be paid in equal installments in the same manner as salary is paid to other certified employees of the District or as may be mutually agreed to by the parties. 4. The parties agree that the Superintendent shall be eligible for an additional discretionary performance beyond base salary based compensation in 2012-2013 in an amount not t0 exceed $3,500. The benchmarks for being eligible for such bonus shall be established by the Board and Superintendent as part of the development of goals and objectives process for evaluation. The determination on providing some or all of the discretionary bonus resides with the Board. ay BENEFITS 1 Leave: (a) The Superintendent may be absent without deduction in salary for personal illness, family illness or personal reasons, not to exceed twenty (20) days in any one school year. O) ‘The Superintendent shall be allowed to accumulate unused Ieave up to a maximum of two hundred (200) days. The District shall not be obliged to pay the Superintendent for any accumulated sick leave days at the time she leaves the employment of the District other than as provided in (f} below. © If the absence is known in advance by the Superintendent, she agrees to notify the President of the Board of the date or dates of any such absence and the duration thereof. If the absence is for five (3) or more consecutive days, the Superintendent may be required to furnish documentation, including, where appropriate, a certificate from a physician@ Leave days beyond those set forth above or for reasons not set forth in this Agreement may be requested of the Board by the Superintendent. The granting of any such additional leave is within the discretion of the Board. © The Superintendent is responsible for reporting to the Assistant Superintendent for Business Affairs, or such other person as may be directed by the Board, any absences and how they should be charged so that an accurate leave record may be maintained. (0) Subject to satisfying the conditions set forth below, the Superintendent will be paid for unused sick leave days at the time of retirement at their per diem rate of pay at the time of retirement. To qualify for such payment, the Superintendent: 1. Shall be paid for up to a maximum of 40% (ie. 80 days) of such sick leave at a rate of 1/260th of annual base pay; 2. Must have been continuously employed by the School District for a ‘minimum of ten (10) consecutive years of service; 3. Must be eligible for retirement and, in fact, retire under the terms and conditions for retirement as defined by the New York State Retirement System; and, 4, Provides written notice to the School District of such retirement a minimum of six (6) months in advance of the effective date of such retirement, 2 Vacation Leave: @ ‘The Superintendent shall be entitled to vacation with pay for twenty (20) days during each school year of this Agreement credited for use at the beginning of each year but earned at the rate of 1.67 days per month in the event the Superintendent were to leave prior to the end of any school year, The Superintendent is also entitled to the paid holidays set forth on the annual school calendar which are in addition to paid vacation leave days () Vacation days shall be taken by the Superintendent in a manner and a time consistent with the needs of the District and upon consultation with the President of the Board, © The Board encourages the Superintendent to take her vacation time. If, however, due to the requirements of the position the Superintendent cannot aetually take all her allotted days, then she may cash out up to five (5) unused vacation days annually by providing written notice to the Assistant Superintendent for Business of such intent prior to June 30" of that year. Payment will be made at that year’s per diem rate of pay (calculated at the rate of 1/260th of annual base pay) within four (4) weeks of the written notice. Any remaining unusedvacation days shall be added to her sick day accumulation, subject to the limitations of Section 1(b) of this article. 3. Bereavement Leave: ‘The Superintendent shall be entitled to up to five (5) paid bereavement days for a death in the Superintendent's immediate family, as needed. For purposes of this section, "immediate family” shall be defined as spouse, child, parent, grandparent, parent- in-law or sibling. Such days shail not accumulate if unused 4. Health Insurance: The District shall provide Health Insurance for the Superintendent and her dependents, if any, under the following terms: (@) __ The Superintendent shall be eligible to participate in the “base plan” offered by the District, which at present is an HMO offered by Capital District Physician's Health Pian. She may participate in individual or dependent coverage under the rules of the plan. The District reserves the right to change the cartier and/or plan which constitutes the base plan to any plan that may be offered as the “base plan” to its employees or one or more of its bargaining units. The District will pay seventy-five per cent (75%) of the premium cost for the ‘base plan”. The Superintendent shall contribute the remaining twenty-five per cent (25%) of premium cost through payroll deductions. The Superintendent may select or continue in a more expensive plan made available by the District; provided that, the Superintendent shall pay 100% of the additional premium cost of such plan above the premium cost of the base plan. If the Superintendent selects a plan made available by the District with a less expensive premium than the base plan, the District will pay seventy-five per cent (75%) of the premium for such plan, with the Superintendent paying any remaining cost. The intent is that the Distriet’s contribution toward the Superintendent's health insurance premium shall not, under any circumstance, exceed seventy-five per cent (75%) of the cost of the premium for the base plan (b) _Afier having been employed as Superintendent in the School District for a minimum period of five (5) consecutive years and upon her retirement from the District in accordance with the rules and regulations of the NYSTRS, the Superintendent and her spouse at the time of retirement, if any, shall be entitled to participate in the District's health insurance plans in accordance with the provisions set forth in section 4(a) above with the District contributing seventy-five per cent (75%) of the premium cost of the base plan. In the event that the Superintendent retires and is unable or unwilling to secure coverage under the then existing base plan or any other District sponsored plan, the Superintendent may obtain insurance elsewhere, but will be reimbursed for the cost of such other plan only up to seventy-five per cent (75%) of the cost to the District of the base plan, To receive such reimbursement, the Superintendent shall provide the District with proof of coverage and cost incurred. The Superintendent's spouse, if any at the time of retirement, is entitled to coverage in accordance herewith, provided the spouse remains married to the Superintendent. In the event of the Superintendent's death while they are martied, the spouse will be entitled to individual coverage for the remainder of the spouse’s life, with the spouse paying one hundred per cent of the premium for coverage. This provision shall survive and be enforceable after the expiration of this agreement and any amendment(s) thereto5. Other Insurance: The Superintendent shall be eligible to participate, at no cost to the District, in any dental, optical, or other insurance plans offered by the District through IRS 125 Regulation "Cafeteria Plan.” 6. _Life/Disability/Other Insurance: The District will, during the term of this Agreement, reimburse the Superintendent for the cost of life, disability, or other similar types of insurance maintained by the Superintendent, Such reimbursement shall be on an annual basis upon presentation by the Superintendent of receipts for such insurance. Such reimbursement shall be the actual premium costs incurred by the Superintendent but in no event shall such reimbursement by the District exceed the sum of Two Thousand Four Hundred and no/100 Dollars ($2,400.00) per year. 7. Conferences: The Superintendent shall be entitled to attend any conferences, meetings or workshops directly related to her work as Superintendent of Albany and which is expected to provide benefit to the City School District of Albany, subject to the prior approval of the Board. Attendance at any such approved conference will not be charged against any leave allocation provided herein. 8. Mileage Reimbursement: For travel in the performance of her duties (other than commuting to and from work) and for travel outside the Capital District area, the District shall reimburse the Superintendent for mileage at the rate established by the Board annually at the organizational meeting of the Board (consistent with the current IRS rate) when she is required to use her personal car in the performance of her official duties for such travel. The Superintendent shall submit a monthly voucher for reimbursement of travel expenses to the Assistant Superintendent for Business A{fairs, 9 Expense Reimbursement: The Superintendent is authorized to incur reasonable expenses in the discharge of her duties, including, but not limited to, expenses for travel and lodging; professional association dues and fees; attendance at professional conferences and meetings; and similar items relating to her employment as Superintendent, ‘The Superintendent will, to the extent possible, secure Board approval for such expenses in advance through consultation with the Board President. The Superintendent and Board President may develop procedures and/or forms for such approval. The Board will pay or reimburse the Superintendent for such expenses upon presentation or receipts and/or an itemized account of such expenses. The Superintendent shall provide the Board with written quarterly reports concerning expenses incurred by her as Superintendent 10. Cell Phone/Computer: ‘The Distriet shall provide the Superintendent with a cell phone and laptop computer for her use for the conduct of School District business which may, as set forth below, include reasonable and incidental personal use. The cell phone and computer shall be the property of the District and shall be returned to the District at the time the Superintendent leaves the employment of the District. The cell phone and computer are to be used for business related to the Schoo! District. However, the Board understands that included within approved use of the cell phone and computer is reasonable and incidental personal use.IL. Moving Expenses: ‘The Superintendent shall be entitled to a one time reimbursement for all costs associated with relocation, including but not limited to, payment for travel prior to commencement of employment, temporary housing and moving expenses, in an amount not to exceed five thousand dollars ($5,000.00) v. ANNUAL GOALS, OBJECTIVES AND EVALUATION 1 Within a reasonable time after the commencement of her employment and, thereafter, on or before September 1 of each subsequent school year of this Agreement, the Superintendent shall provide to the Board a written statement of the annual goals and objectives which the Superintendent intends to concentrate on during the upcoming school year. The Board shall review said goals and objectives and if the Board concurs with the Superintendent's written statement of goals and objectives, the Board's concurrence will be noted on said written statement via execution by the Board President, If the Board does not agree with the Superintendent's written statement of goals and objectives, it shall meet with the Superintendent to form mutually acceptable goals and objectives. Ifthe Superintendent fails to provide such goals and objectives to the Board in accordance herewith, then the Board may determine such goals and objectives and shall provide same to the Superintendent by November 1. 2. The Board will conduct a mid year assessment of the Superintendent's progress towards achieving the goals and objectives in the month of January. ‘The Superintendent will be notified, in writing, of any changes or modifications which the Board would like and the Superintendent shall concentrate on those areas. 2: The Board shall conduct an annual evaluation of the performance of the Superintendent during each year of this Agreement and shall provide the Superintendent with a written evaluation to be discussed in an executive session of the Board, no later than July 1 of each school year. The Superintendent shall be provided with a copy of the written evaluation at least ten (10) days prior to the executive session of the Board scheduled to discuss such evaluation, ‘The Board shal! base its evaluation upon the Superintendent's performance and progress towards the goals and objectives to be established by the Superintendent and the Board as set forth above, as well as on the general performance of the Superintendent in carrying out her required duties and responsibilities. The form of the written evaluation shall be mutually agreed upon between the parties. 4, ‘The Board may use the mid-year assessment and the end of the year evaluation to inform the Superintendent of any concerns it may have or any concerns it has received from others. The Board should inform the Superintendent of any complaints or concerns on an on going basis as they occur, Vi. AGREEMENT RENEWALS1 The Board shall notify the Superintendent, on or before July 1, 2015, whether it intends t0 extend her employment for an additional year commencing on July 1, 2016 or whether the Superintendent's term will expire on June 30, 2016, By July 1 of each school year thereafter the Board shall likewise act to notify the Superintendent whether it intends to extend her employment for an additional year commencing on July I of the year set for termination of the then current contract. 2. In the event that the Board notifies the Superintendent of its intention to extend her employment as Superintendent, then within sixty (60) days of such notice, the Superintendent shall advise the Board in writing as to whether she intends to accept the extended employment, 5 As part of any decision to extend the Superintendent's employment or after acceptance by the Superintendent of such extension, either the Board or the Superintendent may propose revisions to any part of this Agreement. If the Board votes to extend the employment of the Superintendent, the Board and the Superintendent shall enter into negotiations for a successor agreement. Upon the failure of the Board and the Superintendent to reach agreement upon a successor to this Agreement on or before June 30, 2016, this Agreement shall terminate according to its original term. Any extension of the term of the Superintendent's employment shall be in the form of a new written agreement, or an amendment to this Agreement which amendment shall be upon the same terms and conditions as herein set forth unless otherwise agreed in writing by the parties 4 If the Board fails to act by July 1 of any school year, the Superintendent may notify the Board in writing, that pursuant to her contract, the Board must so act to notify her of its intent and the Board shall act within 30 days of receipt of such notice. The failure of the Board to act in accordance with this Agreement shall not in any way automatically extend the appointment and employment of the Superintendent beyond the then current expiration date, Any extension requires the specific affirmative action of the Board. vil. TERMINATION 1 This Agreement may be terminated at any time, without cause, by mutual agreement, in writing, between the Superintendent and the Board. 2 The Superintendent may terminate this Agreement by providing the Board with ninety (90) days written notice. 3. _ Except as otherwise provided herein, the Superintendent's employment may not be terminated at any time during the term of this Agreement and any subsequent extensions except for just cause. In the event that the Board seeks the dismissal of the Superintendent for cause it shall comply with the following:@ Prior to serving the Superintendent with a written statement of charges pursuant to this Article, the Board individually and/or collectively, shall discreetly refer to the Superintendent, in writing, any and all criticisms, complaints, suggestions, communications or comments regarding the administration of the District or the Superintendent's performance of duties which may form the basis of formal charges with the understanding that the Superintendent will be afforded the opportunity to address and rectify the such criticisms, complaints, suggestions, communications or comments, Such notice shall not apply if any part of the charges relate to instances of serious misconduct or are based upon an aet which, if proven, would constitute a crime () In the event of notice of discipline or discharge, the Superintendent will be served with a written statement of charges and she shall be offered an opportunity, but shall not be required, to discuss the same with the Board in executive session within seven (7) days of service of the charges. © The Superintendent shall be entitled to a fair hearing on said charges, upon at least thirty (30) days notice, before an impartial hearing officer who shall be an attorney. The hearing officer shall be selected by mutual agreement between the Superintendent and the Board or, in the event no such agreement is reached within ten (10) days after the Superintendent's receipt of the written charges, by appointment pursuant to the rules and procedures of the American Arbitration Association ("AAA") established for labor arbitration. The decision of the Arbitrator shall be binding on the parties, except that both parties retain their right to appeal the decision of the hearing officer to any forum with jurisdiction pursuant to Article 75 and/or 78 of the CPLR or to the Commissioner of Education. The District, at its expense, shall provide a certified shorthand or court reporter who will transcribe all proceedings. @ Except as provided below, during the pendency of the hearing, the Superintendent may be suspended by the Board from the performance of her duties, provided that she shall continue to receive full pay and benefits until a determination is rendered by the Arbitrator, and provided that the Superintendent shall not be assigned duties inconsistent with the office of Superintendent of Schools. The Board reserves its right and may appoint an acting Superintendent during any period of suspension of the Superintendent, whether paid or unpaid. © If the Superintendent is indicted or charged by criminal authorities with a felony level offense, the Board may suspend the Superintendent without pay until such time as the charges are disposed of in accordance with this Article. To the extent possible, the District may conduct its own investigation of the situation giving rise to the felony charge to determine whether there is any basis to the charge(s) or whether the charge(s) may be the result of the Superintendent properly performing her usual duties. However, during the suspension without pay the Superintendent may use any acerued vacation or personal leave prior to being placed in an unpaid status. If the Superintendent is found not guilty of all such charges, the District shall reimburse the Superintendent for any back pay withheld or shall reinstate any accrued days used during her suspension. © The District shall bear the fees and expenses of the Arbitrator and the AAA in connection with any such hearing. 10@ Ifthe charges against the Superintendent are not sustained at such hearing or any appeal therefrom, the Board shall reimburse the Superintendent for the actual and necessary attorney's fees and disbursements incurred by the Superintendent in the defense of the hearing or appeal therefrom, Vul. DISABILITY 1. The Board reserves the right, during the Superintendent's term, in the event of her absence, illness, injury or other disability, to appoint an Acting Superintendent of Schools who shall temporarily perform the duties of Superintendent at the pleasure of the Board. In the event of such illness, injury or disability, the Superintendent shall cause her physician(s) to make a written report to the Board of her condition, and shall, at the Board's expense, submit to an examination by the Board's physician(s) designated for that purpose, at such reasonable time or times as the Board shall request. 2. Inthe event that by reasons of illness, accident or other cause, the Superintendent shall be incapacitated from rendering the services required for a period of three (3) months beyond the expiration of her accumulated and unused leave entitlements, the Board may at its option and upon written notice to the Superintendent, terminate this contract. In such event the compensation provided for herein shall be paid to the Superintendent for a period of three (3) months beyond the month in which this contract shall have been so terminated. Ix INDEMNIFICATION Consistent with any applicable Education Law provisions, the District agrees, as a further condition of this employment contract, that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions, and legal proceedings brought against the Superintendent in her individual capacity, or in her official capacity as agent and employee of the District, provided the incident arose while the Superintendent was acting within the scope of her employment or under the direction of the Board, ineluding but not limited to all uninsured financial loss arising out of any proceeding, claim, demand, suit or judgment by reason of alleged negligence or other conduct resulting in bodily or other injury to any person or damage to the property of any person. The Superintendent is responsible for providing notice of any such claims to the District in accordance with the provisions of the Education Law. Xx. MISCELLANEOUS (a) The validity or enforceability of any particular provision of this Agreement shall not affect its other provisions and this Agreement shall be construed in all respects as if any invalid or unenforceable provision has been omitted. 2, ‘This Agreement shall be construed and enforced in accordance with the laws of the State of New York. W3. The failure of either party at any time to require the performance by the other of any of the terms, provisions, or agreements hereof shall in no way affect the right thereafter to enforce same and shall not constitute the waiver of either party hereto of any breach of any of the terms, provisions, or agreements or be construed as a waiver of any succeeding breach. 4. ‘The original of this Agreement shall be filed with the Clerk of the Board of Education. 5. The Superintendent agrees to establish residency within the City School District of Albany and in the City of Albany no later than October 31, 2012 and to continue such residency during the term of employment. The Superintendent has informed the Board that her initial residence will be 15 Greyledge Drive, Albany, New York. The Board acknowledges that this location satisfies this requirement for her initial residence. 6. This Agreement constitutes the entire contract between the parties and contains all the agreements between them with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be subscribed on. the day and year first above written. BOARD OF EDUCATION, CIty SCHOOL DISTRICT _ / OF THE CITY OJ xf, SUPERINTENDENT l/ 12STATE OF NEW YORK _) COUNTY OF ALBANY _ ) yy nev On the “day of August, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Alexandra Streznewski, President of the Board of Education of the Albany City School District, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her cay city, and that by her signature on the instrument, the individual, or the person upon behalf of Which the individual acted,-executed the instrument. / Legs MLZ Mine Ae Notary Publie-State of New York t STATE OF NEW YORK) ota ERIE Curing : COUNTY OF ALBANY) comftes i , ome 90 ler t 0 Ata og On the day of Atust, 2013, before me, the undersigned, a Notary Public ‘urand for said State, personally appeared Dr. Marguerite Vanden Wyngaard, personally known to me of proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, : i, i AHtyuc Lectling Notary Public-State of New York CATHERIN Notary Public & 13