1. In consideration of the benefits to be provided to her as set out in this Agreement, Dr. Micich agrees to sign and immediately submit to the Board a letter of resignation which is effective June 29, 2016. It is understood and agreed that both this agreement and Dr. Micich’s resignation is voluntary. By agreement of the parties, Dr. Micich will be on administrative leave with pay effective June 6, 2016 and will not be required to perform any duties for the District. If she wishes to do so, Dr. Micich may attend the staff recognition function to be held on June 10, 2016.
2. The District will pay Dr. Micich an amount equal to one-half of her salary for the 2016-2017 school year ($93,910) on or before July 15, 2016. In addition, the District will pay Dr. Micich for the balance due her for the 2015-16 school year on the regular pay day in June of 2016.
3. As provided by Paragraph 7 of her contract, Dr. Micich will be paid at her current per diem rate of pay for the 60 days of vacation which she accrued and carried over into the 2015-2016 school year on or before July 15, 2016. On January 15, 2017, Dr. Micich will be paid at her current per diem rate of pay for the balance of the 30 days of vacation to which she was entitled for the 2015-2016 school year which she has not used as of the date of her separation from employment. Dr. Micich will be paid for the 30 days of vacation to which she would be entitled for the 2016-2017 school year at the per diem rate of pay applicable to the 2016-2017 school year on January 15, 2017.
4. As provided by Paragraph 9 of her contract, the Board agrees to pay Dr. Micich’s tax sheltered annuity contribution ($37,500). This payment will be made on or before July 15, 2016.
5. As provided by Paragraph 14 of her contract, the Board agrees to pay Dr. Micich’s early retirement benefits ($55,055). This payment will be made into the School District’s special pay plan for early retirement and special services payments and will be made on or before July 15, 2016. The parties agree that Dr. Micich qualifies for participation in the Early Retirement Plan and any contrary provisions of the plan are hereby waived.
6. With respect to the School District’s obligation under Paragraph 11 of her contract regarding health and dental insurance, the Board agrees: (a) to pay the cost of single health and dental insurance for Dr. Micich through June 30, 2017, and (b) to pay Dr. Micich the cash difference between single health insurance and family health insurance ($8,725) and the cash difference between single dental insurance and family dental insurance ($714). The cash payment required by this Paragraph will be made on or before June 30, 2016. Dr. Micich may elect to continue purchasing family health and dental coverage for the 2016-17 year with such funds by paying the monthly premiums in advance.
7. With respect to the School District’s obligation under Paragraph 11 of her contract regarding life insurance, the Board agrees to pay the premium for Dr. Micich’s life insurance for the period beginning July 1, 2016 and ending June 30, 2017.
8. The Board agrees to provide Dr. Micich with a complete copy of her personnel file as of the date of the execution of this Agreement, and the Board agrees that, with the exception of this Agreement, no other documents will be added to her personnel file unless there is mutual agreement to do so.
9. The Board agrees that it will provide a mutually acceptable letter of reference to Dr. Micich signed by either Board President Janna Arndt or former President of the Board Tim Becker and all inquiries concerning Dr. Micich’s employment history will be directed to the Human Resources Director. The Board also agrees that the District’s response to all inquiries concerning Dr. Micich’s employment history will be consistent with the agreed upon letter of reference.
10. In light of the payment of future obligations contained in this Agreement, Dr. Micich agrees that she will not apply for employment with the School District at any time in the future. This provision does not prohibit the District from offering employment to Dr. Micich nor does it prohibit Dr. Micich from accepting employment with the District if the District offers employment to her.
11 . Dr. Micich acknowledges that she has had the opportunity to consult with an attorney prior to signing this Agreement.
12. In consideration of the payments and other promises contained in this agreement, Dr. Micich hereby releases and discharges the Board of Directors of the Mason City Community School District, and any and all Board members, officers, employees, representatives or agents of the Mason City Community School District from any and all liability whatsoever including all claims, demands, or causes of action which she has as of the date of this agreement by reason of her employment with the Mason City Community School District, and the severance of her employment relationship with the Mason City Community School District. This release does not apply to claims arising from the District’s failure to make legally required payments. The Mason City Community School District releases Dr. Micich and her agents and representatives from any and all liability whatsoever including all claims, demands, or causes of action which it has as of the date of this agreement by reason of her employment with the Mason City Community School District.
13. In their public and private dealings with one another, the parties agree to treat each other with respect and professional courtesy.
14. This Agreement is executed as a compromise settlement of the contract and other legal rights of the parties and of all disputed claims, liability for which is expressly denied by all the parties released, and the execution of this Agreement does not constitute an admission of liability on the part of any person or entity. The releases contained in this Agreement are not a bar to either party seeking enforcement of this Agreement’s terms.
15. Dr. Micich agrees that this Agreement is entered into freely and voluntarily and solely in reliance upon her own knowledge, belief and judgment and not upon representations made by the Board or its representatives except as expressly provided in this Agreement.
