CONTRACT

BY AND BETWEEN

MR. BRUCE M. DEVENEY

AND THE

SOUTH MIDDLETON BOARD OF SCHOOL DIRECTORS

This Contract is made and entered into this 21st day of August , 2017, by and between the Board
of School Directors of the South Middleton School District, (hereinafter referred to as BOARD
or DISTRICT), and Mr. Bruce M. Deveney (hereinafter referred to as ACTING SUPERINTEN-
DENT).

WHEREAS, BOARD must respond to a bona fide personnel emergency in that it has no person
completing the duties of a chief administrator in the DISTRICT only three (3) weeks prior to the
DISTRICT starting the 2017-2018 school year;

WHEREAS, BOARD desires to provide ACTING SUPERINTENDENT with a written Contract

in order to enhance administrative stability and continuity within the schools which the BOARD
believes generally improves the quality of its overall educational program; and

WHEREAS, the BOARD and ACTING SUPERINTENDENT believe that a written Contract is
necessary to describe specifically their relationship and to serve as the basis of effective commu-
nication between them as they fulfill their governance and administrative functions in the opera-
tion of the educational programs of the schools; and

WHEREAS, the BOARD of the South Middleton School District, at a regularly scheduled meet-
ing duly and properly called on the 21st day of August, 2017, did vote to appoint Mr. Bruce M.
Deveney in the position of ACTING SUPERINTENDENT for the South Middleton School Dis-
trict in accordance with the provisions of the Public School Code of 1949.

NOW, THEREFORE, the BOARD and ACTING SUPERINTENDENT, for the consideration
herein specified, agree for the term of this Contract including any extensions as follows:

1. TERM

A. The BOARD, pursuant to Section 10-1079 of the Public School Code hereby ap-
points Bruce M. Deveney as Acting District Superintendent for a term beginning
on or before August 21, 2017 and terminating on a later mutually agreeable date
or determined by the maximum amount of time that Bruce M. Deveney can con-
tinue employment based upon the requirements of the Public School Employees
Retirement Code, whichever occurs earlier. If a determination is not received
from the Retirement Board under Section 8346(b) of the Public School Employ-
ees’ Retirement Code, 24 P.S. § 8346(b), the beginning date could be changed
upon mutual agreement.

B. The ACTING SUPERINTENDENT shall provide such services up to four (4)

days per week as mutually agreed upon. For the purposes of this Contract, a day
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 shall equal up to eight work hours; therefore, working up to four days per week
shall not exceed thirty-two work hours per week as scheduled in the discretion of
the Acting Superintendent.

C. It is agreed that Bruce Deveney shall be entitled to up to seven (7) consecutive

personal days September 4 to September 12, 2017 during which he shall not be re-
quired to report to work and shall receive no compensation from the District.

D. The BOARD retains the right to end this appointment at any time during the Con-
tract period with ten (10) days written notice in writing to the ACTING SUPER-
INTENDENT.

2. AUTHORITY OF SCHOOL BOARD AND ACTING SUPERINTENDENT

The BOARD, on its own behalf and on behalf of the electors of the South Middleton
School District, and the ACTING SUPERINTENDENT hereby retain and reserve all
power, rights, authority, duties and responsibilities conferred upon and invested in
each respective party by the laws and the Constitution of the Commonwealth of Penn-
sylvania save for any power or rights limited by the express terms of this Contract.

3. PROFESSIONAL SERVICES

During the term of this Contract, in consideration of the payment and other conditions
and benefits set forth herein, the ACTING SUPERINTENDENT shall put forth best
efforts in providing quality professional services; and, shall faithfully perform the du-
ties and discharge the responsibilities assigned as ACTING SUPERINTENDENT for
the agreed upon duration of this Contract.

4. RESPONSIBILITIES

The following shall be the responsibilities of the ACTING SUPERINTENDENT;

A. The ACTING SUPERINTENDENT shall diligently and conscientiously devote

full and exclusive time and attention, and best efforts, to the discharge of duties as
the ACTING SUPERINTENDENT in the South Middleton School District.

B. The ACTING SUPERINTENDENT shall report to, and be under the direct super-
vision of the Board of School Directors.

C. The ACTING SUPERINTENDENT shall carry out those duties and responsibili-
ties assigned to the ACTING SUPERINTENDENT by the BOARD.

D. The ACTING SUPERINTENDENT shall perform duties in accordance with the

provisions of the Public School Code and the policies and directives of the
BOARD duly adopted and promulgated by official action of the BOARD.

5. COMPENSATION

The BOARD shall compensate the ACTING SUPERINTENDENT at the per diem
rate of $575 less ordinary and legally required withholdings up to four days per week,
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 as mutually agreed upon, for the Contract period, unless the Contract is ended in ac-
cordance with Paragraphs 1 and 14 through appropriate notice. Payment shall be
made for any and all days in which ACTING SUPERINTENDENT works in the DIS-
TRICT, on behalf of the DISTRICT, or on DISTRICT business.

6. FRINGE BENEFITS

The DISTRICT shall provide no fringe benefits to or on behalf of ACTING SUPER-

INTENDENT during the term of this Contract.

7. MILEAGE REIMBURSEMENT

The BOARD shall reimburse the ACTING SUPERINTENDENT for using his per-
sonal vehicle to travel on DISTRICT business both within and outside the DISTRICT
boundaries at the maximum mileage reimbursement rate as established by the Internal
Revenue Service. Reimbursable travel shall not include ACTING SUPERINTEN-
DENT’S normal daily commute from home to work. The ACTING SUPERINTEN-
DENT shall maintain and submit a mileage log for travel on DISTRICT business.

8. PROFESIONAL LIABILITY

A. As an employee of the DISTRICT, the BOARD agrees in accordance with the Po-
litical Subdivision Tort Claims Act, 42 Pa. C.S Section 8541. et seq. that it shall
defend, hold harmless and indemnify the ACTING SUPERINTENDENT from
any and all demands, claims, suits, actions and legal proceedings brought against
ACTING SUPERINTENDENT in either an individual capacity, or an official ca-
pacity as an agent of the DISTRICT, provided the incident arose while ACTING
SUPERINTENDENT was acting within the course and scope of this Contract in
accordance with clearly established legal standards, and such liability coverage is
within the authority of the BOARD to provide under state law. Criminal litigation
is excluded. In no case will individual board members be considered personally
liable for defending, holding harmless or indemnifying the ACTING SUPERIN-
TENDENT against such demands, claims, suits actions and legal proceedings.

B. ACTING SUPERINTENDENT shall be further covered by the DISTRICT’s lia-

bility insurance and workers’ compensation and employer’s liability insurance,
subject to all terms and conditions as may be set forth in the relevant DISTRICT
insurance policies.

C. The BOARD shall not, however, be required to pay any costs of any legal pro-
ceedings in the event BOARD and ACTING SUPERINTENDENT have adverse
interests in such litigation unless the results of said litigation expressly direct the
BOARD to do so.

9. QUALIFICATIONS OF ACTING SUPERINTENDENT

The ACTING SUPERINTENDENT covenants and warrants that he possesses all of

the qualifications required by law to serve as ACTING SUPERINTENDENT for the
DISTRICT. The ACTING SUPERINTENDENT agrees to maintain during the term
of this Contract a valid and current commission or other legal credential as may be
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 required by law to act as ACTING SUPERINTENDENT for the DISTRICT and to
present the same to the BOARD. The ACTING SUPERINTENDENT further agrees
to devote his time, skill, labor and attention to the performance of his duties as ACT-
ING SUPERINTENDENT of the DISTRICT during the term of this Contract. The
ACTING SUPERINTENDENT further covenants and warrants that he has not vio-
lated any provision of the Public School Code of the Commonwealth of Pennsylvania
with respect to his qualification or election as ACTING SUPERINTENDENT.

10. GENERAL DUTIES OF THE ACTING SUPERINTENDENT

During the term of this Contract, the ACTING SUPERINTENDENT agrees to serve
as the Chief Administrator of the DISTRICT and as the Executive Officer for the
BOARD, and to perform the duties of the ACTING SUPERINTENDENT in a com-
pliant and professional manner in accordance with the laws of the Commonwealth of
Pennsylvania, the policies of the DISTRICT, and the regulations of the Board of
School Directors, and all amendments thereto.

11. ADMINISTRATION OF SCHOOLS

The Administration of school policy, the operation and management of the schools,
and the direction of employees shall be through the ACTING SUPERINTENDENT.
The parties hereto agree that:

A. The ACTING SUPERINTENDENT shall report, and when required, recommend

to the BOARD on all matters having to do with the selection, appointment, as-
signment, transfer, promotion, organization, reorganization, reduction or termina-
tion of personnel employed or to be employed by the DISTRCT.

B. The administration of policy, the operation and management of the schools, and
the direction of employees of the DISTRICT shall be through the ACTING SU-
PERINTENDENT. Duties and responsibilities therein shall be performed and
discharged by him or by his staff under his direction.

C. The ACTING SUPERINTENDENT shall have a seat at the BOARD table and the
right to speak on all issues before the School Board in accordance with applicable
law. The ACTING SUPERINTENDENT and/or his designee(s) shall have the
right to attend all regular and special meetings of the Board of School Directors
and all committee meetings thereof, and shall serve as advisor to said committees
on all matters affecting the DISTRICT.

D. Criticisms, complaints and suggestions called to the attention of the DISTRICT

shall be referred to the ACTING SUPERINTENDENT for study, disposition or
recommendation as appropriate.

E. The DISTRICT shall make no agreement with any other employee group or indi-
vidual that would interfere with the ACTING SUPERINTENDENT’S carrying
out managerial, administrative or supervisory Performance Responsibilities and
General Duties.

12. TERMINATION OF CONTRACT

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 This Contract may be terminated by:

A. Mutual agreement. Both parties may mutually agree to the termination of this
Contract, under such terms and conditions as they may then agree.

B. Resignation of the ACTING SUPERINTENDENT. ACTING SUPERINTEN-

DENT may resign from this Contract and appointed position with ten (10) calen-
dar days’ notice.

E. Unilateral termination with notice. The ACTING SUPERINTENDENT agrees

that the BOARD retains the right to terminate this Contract and at any time during
the Contract period for any reason with ten (10) days’ notice in writing to the
ACTING SUPERINTENDENT.

13. SEVERABILITY

If any provision of this Contract shall, for any reason, be adjudged by any court of
competent jurisdiction to be invalid or unenforceable, such judgment shall not affect,
impair or invalidate the remainder of the Contract.

14. APPLICABLE LAW

This Contract shall be construed in accordance with the laws of the Commonwealth
of Pennsylvania.

15. HEADINGS

The headings in this Contract are for the convenience only and shall not be consid-
ered as part of this Contract.

16. MODIFICATION

No waiver, change or modification of any terms of this Contract shall be binding un-
less in writing and signed by both parties as an amendment to this Contract

17. INUREMENT

This Contract shall be binding upon the parties hereto, their successors, assigns, ad-
ministrators, executors and heirs. The ACTING SUPERINTENDENT is prohibited
from assigning any and all of his rights, duties, and obligations under this Contract.

18. ENTIRE AGREEMENT

This Contract constitutes the entire understanding between the parties and supersedes
all prior oral or written communications, proposals, representations, warranties, cove-
nants, understandings or agreements between the parties relating to the subject matter
of this Contract.

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 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
caused this Contract to be duly executed the day and year first above written with an
effective date of August 21, 2017.

BOARD OF SCHOOL
DIRECTORS OF THE SOUTH
ACTING SUPERINTENDENT MIDDLETON SCHOOL DISTRICT

_______________________________ ______________________________________
Bruce M. Deveney. Date President, Board of School Directors Date

_______________________________
Witness Date Secretary, Board of School Directors Date

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