SENECA FALLS CENTRAL SCHOOL DISTRICT 2021-2022
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2021-2022
SENECA FALLS CENTRAL SCHOOL DISTRICT
July 22, 2021
Public Meeting #2
Board of Education Meeting– 6:00 PM
Mynderse Academy Auditorium
Masks Required until Seated
MEMBERS OF THE BOARD OF EDUCATION
Mrs. Deborah Corsner
Mr. Jeffery Hartwell
Mrs. Linda Jones
Mrs. Joell Murney-Karsten
Mrs. Cara Lajewski
Mr. Joseph McNamara
Mr. Michael Mirras
Mr. William Reigel
Mrs. Heather Zellers
Mr. Jeramy Clingerman, Superintendent
Mr. James Bruni, Business AdministratorSENECA FALLS CENTRAL SCHOOL DISTRICT
July 22, 2021 Board of Education Meeting
Mynderse Academy Auditorium
6:00 PM
Masks Required until Seated
I. Meeting called to order
II. Pledge of Allegiance
III. Approval of Agenda
MOTION: to approve the agenda as listed.
IV. Approve or Amend
A. Board of Education Minutes-July 8, 2021
MOTION: To approve the Board of Education Minutes dated July 8, 2021
B. Extra-Curricular Treasurer’s Report-June 2021
MOTION: To approve the Extra-Curricular Treasurer’s Report ending June 30, 2021.
V. Public Comment
VI. Information
A. Michelle Dyson- School Bus Driver-LOA
B. NYSSBA Delegate
C. Business Administrator
D. Superintendent Report
E. BOE President Report
F. BOE Member Comments
VII. Committee Reports
A. Policy Committee (on 7/13/2021)
VIII. Consent Agenda
A. Retirements/Resignations
Be it resolved upon the recommendation of the Superintendent, the Board of Education does hereby
accept the following resignation for purposes of retirement.
Employee Position Effective Date
Scott Grove Maintenance Mechanic 07/23/2021
B. Appointments
1. 2021-2022 Annual Appointments
Be it resolved upon the recommendation of the Superintendent, the Board of Education does hereby
make the following appointments for the 2021-2022 school year.
Public Relations Co-Coordinator Stacey Anderson $2,486
Public Relations Co-Coordinator Darlene Johnson $1,066
Fiscal Manager Julianna Fisher No additional compensationFrank Knight Elementary School
Position Employee Stipend
MTSS Coordinator Carleen Mull $1,578
MTSS Case Manager Christine Tompkins $598
MTSS Case Manager Jennifer Brown $920
MTSS Case Manager Gwyneth Breeze-Hrycko $920
Elizabeth Cady Stanton Elementary School
Position Employee Stipend
MTSS Coordinator Kathryn Smithler $1,450
MTSS Coordinator Jamie Oberdorf $1,256
MTSS Case Manager Melissa Woodard $920
MTSS Case Manager Tricia Goodenough $598
MTSS Case Manager Elizabeth Jones $598
Seneca Falls Middle School
Position Employee Stipend
MTSS Coordinator Laura Rundell $1,471
MTSS Case Manager Melissa Morrin $813
MTSS Case Manager Mary Lee $813
MTSS Case Manager Libby Kuney $813
2. Professional Appointments
The Board of Education of the Seneca Falls Central School District, pursuant to Section 3012 of the
Education Law and in compliance with Part 30.3 of the Rules of the Board of Regents, upon the
recommendation of Jeramy Clingerman, Superintendent of Schools, hereby appoints (Probation dates
are tentative and conditional only. Except to the extent required by the applicable provisions of Education
Law sections 2509, 2573, 3212 and 3014 of the Education Law, in order to be granted tenure the teacher
must receive composite or overall annual professional performance review ratings pursuant to Section
3012-c and/or 3012-d of the Education Law of either effective or highly effective in at least three (3) of the
four (4) preceding years, and if the teacher receives an ineffective composite or overall rating in the final
year of the probationary period the teacher shall not be eligible for tenure at that time).:
a. Name: Jordan Emerson
Position: Physical Education Teacher
NYS Certification: Professional Certification
Tenure: Physical Education
Probation: 07/23/2021-07/24/2025
Effective Date: 2021-2022 school year
Base Salary: $47,362
3. Civil Service Appointments
Upon the recommendation of the Superintendent, the Board of Education approves the following
position(s) (All appointments are conditional until paperwork is completed and fingerprints are cleared).
a. Name: William Pullen
Civil Service Position: Senior Custodian
Effective Date: 07/23/2021
Probationary Period: 07/23/2021 through 12/31/2021
Hours: 8 hours
Hourly Rate: $17.31b. Name: Michelle Dyson
Civil Service Position: School Bus Dispatcher
Effective Date: 07/23/2021
Probationary Period: Provisional Appointment
Hours: 8 hours
Hourly Rate: $18.74
c. Name: Nancy Luffman
Civil Service Position: Temporary Typist
Effective Date: 07/19/2021 through 08/31/2021
Hourly Rate: $20.00
d. Name: Patricia Reynolds (approving hourly rate only Previously appointed on 6/24/2021)
Position: Summer Cashier/Food Service Worker
Hourly Rate: $12.66
4. Substitute Appointments:
Upon the recommendation of the Superintendent, the Board of Education approves the following
substitute position(s) (All appointments are conditional until paperwork is completed and fingerprints are
cleared)
a. Name: Brian Heitmann
Civil Service Position: Substitute School Bus Driver
Effective Date: 07/23/2021
b. Name: Peter Sosia
Civil Service Position: Substitute School Bus Driver
Effective Date: After fingerprint Clearance
c. Name: Nancy Luffman
Civil Service Position: Substitute Bus Dispatcher
Effective Date: 07/19/2021
Hourly Rate: $20.00
5. Probationary to Permanent
Be it resolved that upon the recommendation of the Superintendent that the Board of Education hereby
approves the following probationary to permanent appointment.
Employee Position Permanent Effective Date
Mary Jo Cook School Monitor 08/13/2021
MOTION: To approve the consent agenda as listed.
IX. Old Business
A. Corrections
MOTION: to correct the following items approved at the July 8, 2021 Board of Education Re-
Organizational meeting as listed:
1. Senior Class Advisor Stipends under Consent Agenda:
Mynderse Academy 2020-2021 Appointments
Position Employee Stipend
Senior Class Co-Advisor Christina Crawford $1,146 $2,292Position Employee Stipend
Senior Class Co-Advisor Heather Schantz $1,097 $2,193
2. Insurance Company Correction Faithful Performance Blanket Bonds
C. Designations
1. Faithful Performance Blanket Bonds
The Eastern Shores Utica National Insurance Company will provide a commercial crime insurance
endorsement of $1,000,000 for the positions of Superintendent, Business Official, Treasurer,
Deputy Treasurer, Internal Claims Auditor, Fiscal Manager, School Tax Collector; an endorsement
of $100,000 each for all other employees.
X. New Business
A. Medical Service Agreement- Soldiers and Sailors Memorial Hospital
MOTION: to approve the Medical Service Agreement between the Seneca Falls Central School
District and Soldiers and Sailors Memorial Hospital as presented.
XI. Executive Session-Personnel Matter (Contingent upon adoption of a motion during the public portion
of the meeting in accordance with Section 105 of the Public Officers Law).
XII. Adjourn
MOTION: to adjourn the meeting.SENECA FALLS CENTRAL SCHOOL DISTRICT
July 8, 2021 Public Hearing/Re-Organizational Meeting
Mynderse Academy Auditorium
6:00 PM
BOE Members present by Video Conference
Mrs. Deborah Corsner, Mrs. Linda Jones, Mr. Michael Mirras, Mrs. Joell Murney-Karsten, Mr. William
Reigel and Mrs. Heather Zellers
BOE Members absent – Mr. Jeffrey Hartwell, Mr. Joseph McNamara
Others Present
Mr. Jeramy Clingerman, Mr. James Bruni and Mr. Anthony Ferrara
Mrs. Kuney, District Clerk, called the meeting to order at 6:00 pm. Mrs. Kuney asked that everyone stand
for the pledge of allegiance.
Public Hearing-Code of Conduct
Mrs. Kuney opened the public hearing on the Code of Conduct. There was no one present at the hearing
from the public. Mr. Clingerman reviewed the proposed changes in the Code of Conduct. The majority of
the changes are related to changing the wording from he/she to they/them.
The following change was made to a definition:
“Gender” means actual or perceived sex and includes a person’s gender identity or expression.
“Sexual orientation” means actual or perceived heterosexuality, homosexuality or bisexuality.
NOTE: The Dignity Act Coordinators are subject to change and the policy will be updated accordingly,
Mr. Clingerman reported that the Policy Committee will meet and bring the Code of Conduct back to the Board
for a second reading. Mr. Clingerman is waiting on recommendations from the school attorney and NYSSBA
in regards to marijuana and its status in the policy.
Oath of Office
Mrs. Deborah Corsner, Mr. Michael Mirras and Mrs. Joell Murney-Karsten read their Oath of Office to support
the Constitution of the United States and the Constitution of the State of New York, and to faithfully discharge
the duties of Trustee of the Seneca Falls Central School District Board of Education, July 1, 2021 through
June 30, 2024, according to the best of their ability.
Mrs. Jones asked that the Board review the process of voting. Mr. Reigel explained nominations are made.
After the nomination process, when it gets to the voting. For example, if two people were running, when it
comes time for a Board member to vote, they would state whom they are voting for.
Board of Education President nomination(s) and election
The District Clerk asked for nominations.
Mr. Mirras nominated Mrs. Cara Lajewski.
As there were no additional nominations, Mr. Mirras made asked that the nominations for President be
closed.
The District Clerk put it to a vote- all those in favor of Mrs. Cara Lajewski for Board of Education President
Yes No Abstain
Mrs. Cara Lajewski X
Mrs. Linda Jones X
Mrs. Heather Zellers X
Mr. Michael Mirras X
Mrs. Deborah Corsner X
Mrs. Joell Murney-Karsten X
Mr. William Reigel X
Mr. Jeffrey Hartwell
Mr. Joseph McNamaraYes 6 No 0 Abstain 1 Motion carried
Mrs. Lajewski took over the meeting.
Board of Education Vice President nomination(s) and election
The nominations for Vice-President was opened.
Mr. Mirras nominated Mrs. Zellers as Vice-President.
As there were no additional nominations, Mr. Mirras asked that the nominations for Vice-President be
closed.
The District Clerk put it to a vote- all those in favor of Mrs. Heather Zellers for Board of Education Vice
President.
Yes No Abstain
Mrs. Cara Lajewski X
Mrs. Linda Jones X
Mrs. Heather Zellers X
Mr. Michael Mirras X
Mrs. Deborah Corsner X
Mrs. Joell Murney-Karsten X
Mr. William Reigel X
Mr. Jeffrey Hartwell
Mr. Joseph McNamara
Yes 6 No 0 Abstain 1 Motion carried
Oath of Office
Mrs. Cara Lajewski and Mrs. Heather Zellers each read their Oath of Office to support the Constitution of the
United States and the Constitution of the State of New York, and to faithfully discharge the duties of President
and Vice-President, respectively, of the Seneca Falls Central School District Board of Education, July 8, 2021
through June 30, 2022, according to the best of their ability.
Superintendent
Mr. Clingerman read his Oath of Office to support the Constitution of the United States and the Constitution
of the State of New York, and that he will faithfully discharge the duties of Superintendent for the Seneca
Falls Central School District July 1, 2020 through June 30, 2021, according to the best of his ability.
Approval of Agenda
Mrs. Lajewski asked for a motion to approve the agenda with the addendums as listed.
ADD XI. Consent Agenda
A. Retirements/Resignations
Kimberly Korba Teacher Aide end of the day on 07/08/2021
B. Appointments
1. 2021-2022 Annual Appointments
Position Employee Stipend
District Clerk Monica Kuney $5,121.00
Audit Committee Secretary Amy Jacuzzo $1,182.00
Data Warehouse Admin. Assist Diane Neal $5,481 $5,487
Tax Collector Linda Wadhams Not to exceed $700
9. Professional Appointments
a. Name: Kimberly Korba
Position: Teaching Assistant
10. Civil Service Appointments
a. Name: Amanda Ashley
Position-Senior Typist
11. 2021 Summer Appointments
a. Name: Breana Impastato
Position: Summer Laborer
D. Authorizations
3. 2021-2022 Substitute Instructional Daily and Hourly Rates and Civil Service Daily and Hourly RatesSubstitute Position Daily Rate Hourly Rate for Special Employment (i.e. Tutoring)
Registered Nurse $115 $16.00
LPN (Certified Licensed Practical Nurse) $110 $15.00
Technology Support n/a $25.00 $18.00
Substitute Bus Driver n/a $16.25 $16.75
4. 2021-2022 Bus Usage Rates
Outside Groups Cost/Expense
School Bus Driver $38.00/ hour $43.00
Bus Monitor $13.20/ hour $33.00
XII. Old Business
A. Corrections
1. April 28, 2021 Resolution/Minutes
1. Memorandum of Agreements-SFAA and SFSSA
a. Seneca Falls Administrators Association MOA-Juneteenth Holiday beginning with the 2022-2023 school
year. Effective July 1, 2021
b. Seneca Falls Support Staff Association MOA-Juneteenth Holiday beginning with the 2022-2023 school
year. Effective July 1, 2021
2. June 24, 2021 Resolution/Minutes
1. SFEA Resignation
a. Name: Toni Hould
Position: Physical Education Teacher Teaching Assistant
Mr. Reigel made the motion, seconded by Mrs. Murney-Karsten.
Yes 7 No 0 Abstain 0 Motion carried
Approve or Amend
Board of Education Minutes-June 24, 2021
Mrs. Lajewski asked for a motion to approve the Board of Education Minutes dated June 24, 2021
Mrs. Jones made the motion, seconded by Mrs. Zellers
Yes 7 No 0 Abstain 0 Motion carried
There was no public comment.
Information
Michael Pucino-LOA Custodian (July 10, 2021 through August 31, 2022)
Four County SBA-Board of Directors Delegate /Alternate and a Legislative Committee Delegate/Alternate.
Athletic Director -Dual Participation
Mr. Ferrara was present to discuss Dual Participation (student athletes may be allowed to participate on
more than one sport team during the same season if they meet the requirements of each sport program).
Mr. Ferrara reported that Section V and the Finger Lakes High School Athletic Association approved dual
participation. If a school district decides to allow dual participation, that school district would be responsible
for making policy/regulations regarding dual participation. The Board will revisit the subject at a later date.
Business Administrator
Mr. Bruni reported that the new school website rolled out last week-earlier than anticipated. The website was
to start in September 2021. Mr. Bruni also reported that the district was awarded a Records Management
Grant –in conjunction with other local school districts.
Mr. Bruni also reported that the last Capital Project ban came through. The renewal on the ban this year is
0.18% compared to last year at 0.47%.
Superintendent Report
Mr. Clingerman asked Mr. Kevin Rhinehart to present his recommendation for the 8th Grade trip this year.
Mr. Rhinehart is recommending that the 8th Grade class stay within New York State for a day trip. One
suggestion was a trip to Lake George. Mr. Rhinehart is looking into a commercial bus rental. Safety, cost
and chaperones would be looked into.Mr. Clingerman also reported that he is waiting on more guidance regarding instruction for the upcoming
school year. Mr. Clingerman stated that administratively, that they would like to see all students back in
person.
Mr. Clingerman reported that for summer programs, masks are to be worn in to the school building. Once
sitting down, masks can be removed. Masks are required for driver’s education and are to be worn on the
school bus. .Masks are not required outside on school property.
Committee Reports
Facilities Committee
Mr. Mirras reported that a property matter would be discussed during Executive Session.
Consent Agenda
Retirements/Resignations
Be it resolved upon the recommendation of the Superintendent, the Board of Education does hereby
accept the following resignations.
Employee Position Resignation Date
Chris Haff Summer School Bus Monitor 07/01/2021
Kimberly Korba Teacher Aide end of the day on 07/08/2021
Appointments
2021-2022 Annual Appointments
Be it resolved upon the recommendation of the Superintendent, the Board of Education does hereby make
the following appointments for the 2021-2022 school year.
Position Employee Stipend
District Clerk Monica Kuney $5,121
District Treasurer Mark Socola No additional compensation
Deputy District Treasurer Phyllis Moore No additional compensation
Deputy District Treasurer Julianna Fisher No additional compensation
Claims Auditor Cathy Ross Not to exceed $4,000
Asbestos Designee Jack Rowles No additional compensation
Architects King & King, PLLC Per current contract
Attendance Officer Jeramy Clingerman No additional compensation
Audit Committee Secretary Amy Jacuzzo $1,182.00
BOE Designee to Appoint Impartial Jeramy Clingerman No additional compensation
Hearing Officer
Certification of Payroll James Bruni No additional compensation
Chemical Hygiene Officer Hillary Bevens $687.00
Civil Service Rights Compliance Jeramy Clingerman No additional compensation
Officer
CSE & CPSE Chair Karissa Blamble No additional compensation
CSE & CPSE Chair James Reagan $2500 (MOA)
CSE Chair -in the absence of Jennifer Palmer No additional compensation
Director of Special Programs)
CSE Chair -in the absence of Kaitlyn Lutz No additional compensation
Director of Special Programs
Construction Management Watchdog Business Per current contract
Partners
Data Protection Officer Jeramy Clingerman No additional compensation
Data Warehouse Admin. Assist Diane Neal $5,487
Director of Physical Ed. & Health Kevin Rhinehart No additional compensation
Education
External Auditor Mengel, Metzger Barr & Per Contract
CoPosition Employee Stipend
Extra-Curricular Treasurer Laura Wilkie $2,167
Liability Insurance Utica National Insurance Not to exceed $85,000.00
Liaison for Homeless Children Sheri Doell No additional compensation
Medicaid Compliance Officer Karissa Blamble No additional compensation
Nurse Supervisor Vicki Burm $2,163
Public Law 874 (Impact Aid) Jeramy Clingerman No additional compensation
Purchasing Agent James Bruni No additional compensation
Records Management Officer James Bruni No additional compensation
Record Access Officer James Bruni No additional compensation
Safety Officer Jack Rowles No additional compensation
School Attorney Harris Beach, PLLC Per current contract
School Pesticide Officer Jack Rowles No additional compensation
Sexual Harassment Officer Jeramy Clingerman No additional compensation
Tax Collector Linda Wadhams Not to exceed $700
Teacher Mentor Coordinator Jodie Verkey No additional compensation
Title I Compliance Officer Jeramy Clingerman No additional compensation
Title I Coordinator Carleen Mull $2,885
Title II/Sect. 504/ADA Compliance Karissa Blamble No additional compensation
Officer
Title IX Co- Complaint Officers Jodie Verkey No additional compensation
Title IX Co- Complaint Officers Kevin Rhinehart No additional compensation
Title VII Office Jeramy Clingerman No additional compensation
Wellness Co-Coordinator (Excellus) Megan Barbay Paid by Excellus BC/BS Fund
Wellness Co-Coordinator (Excellus) Amanda Lowden Fleig Paid by Excellus BC/BS Fund
Wellness Rally Coordinator Amanda Lowden Fleig Paid by Excellus BC/BS Fund
2021-2022 Safety Committee
Superintendent Lunch Program Manager
Administrator of Business & Operations Administrative Assistant/District Clerk
Director of Curriculum, Instruction and PD Seneca Falls Chief of Police
Director of Special Programs School Resource Officer
Athletic Director SFAA Representative
Building Principals SFEA Representative
Assistant Principal SFSSA Representative
Nurse Supervisor BOE President
Director of Facilities BOE Member
Director of Transportation Parent Representative
Safety Committee Secretary
2021-2022 CSE Committee and CPSE Committee
2021-2022 CSE Committee 2021-2022 CSE Pre-School Committee
Director of Special Programs Director of Special Programs
Parent(s) of the student Parent(s) of the student
One general education teacher of the student One general education teacher of the student
Special education teacher of the student or a Special education teacher of the student or a
special education instructor special education instructor
Individual(s) who has instructional knowledge Individual(s) who has instructional knowledge or
or special expertise regarding the student, as special expertise regarding the student, as
determined by the district or at the discretion determined by the district or at the discretion of the
of the parent(s) parent(s)2021-2022 CSE Committee 2021-2022 CSE Pre-School Committee
School Psychologist(s) An individual who can interpret the instructional
implications of evaluation results, who may already
be on the Committee; and
Additional parent representative upon Additional parent representative upon request (not
request (not employed by the school) employed by the school)
Blank Whenever appropriate, the student with a disability
Frank Knight Elementary School
Position Employee Stipend
Kindergarten Team Leader Debbie Mead $2,885
1st Grade Team Leader Darla Shumway $2,885
2nd Grade Team Leader Lisa Furletti $2,885
Writing Coordinator Lisa Furletti $376
Elizabeth Cady Stanton Elementary School
Position Employee Stipend
3rd Grade Team Leader Stephanie Moll $2,885
4th Grade Team Leader Jennifer Morrell $2,885
5th Grade Team Leader Stacey Anderson $2,885.00
Special Education (K-Gr. 6) Barbara Robinson $2,068
Seneca Falls Middle School
Position Employee Stipend
6th Grade Team Leader Christine Petrocci $2,885
7th Grade Team Leader Dave Major $2,885
8th Grade Team Leader Amylyn Marley $2,636
Student Council Co-Advisor David Major $1,402
Student Council Co- Advisor Mel Morrin $1,402
Writing Coordinator Amylyn Marley $433
Yearbook Advisor Nicole Spitzer $701
Intramurals David Major $3,208
Mynderse Academy 2020-2021 Appointments
Position Employee Stipend
Sophomore Class Adv. Kimberly Stevers $469
Junior Class Adv. Deena Swenson $593
Co. Senior Class Adv. Christina Crawford $1,146
Co. Senior Class Adv. Heather Schantz $1,097
English Depart. Chair Justin Pawlak $2,761
F & C Depart./Health/Business Dana Colvin $3,195
Chair
Library Depart. Co-Chair Amanda Fleig $940
Library Depart. Co-Chair Natalie Hare $940
LOTE/Foreign Lang. Depart. Deena Swenson $2,068
Chair
Math Depart. Chair Cindy Chuttey $2,885
Art/Technology/Music Christina Korba (50%) $1,318
DepartmentPosition Employee Stipend
Chairs Heather Cole (25%) $722
Blank Laura Fitzgerald (25%) $722
Physical Ed. Depart. Co-Chair Kim Hendy $940
Physical Ed. Depart. Co-Chair Jessica Lambert $940
Science Depart. Chair Scott Redding $2,885
Social Studies Depart. Chair Mel Morrin $2,885
Special Education (Gr. 7-12) Sue Turchetti $2,068
Student Council Advisor Emily James $2,804
National Honor Society Advisor Jesse Federman $589
Overall Writing Coordinator William Morey $433
MA Writing Coordinator William Morey $433
Yearbook Business Manager. Chris Crawford $2,464
Model UN Advisor Doug Jones $2,804
High School Fall Play Director Anna Luisi $1,892
High School Musical Director Anna Luisi $1,746
Vocal Director Anna Luisi $761
Pit Band Director Laura Fitzgerald $761
Set Construction (fall) James Sinicropi $765
Set Construction (spring) James Sinicropi
Marching Band Laura Fitzgerald $2,670
Marching Band Assist. Gerald Fitzgerald $1,446
2021-2022 DASA Coordinators
Position School building
Kevin Korzeniewski Mynderse Academy No additional compensation
Sheri Doell SF Middle School No additional compensation
Susan Moulton Elizabeth Cady Stanton No additional compensation
Christine Tompkins Frank Knight School No additional compensation
Professional Appointments
The Board of Education of the Seneca Falls Central School District, pursuant to Section 3012 of the
Education Law and in compliance with Part 30.3 of the Rules of the Board of Regents, upon the
recommendation of Jeramy Clingerman, Superintendent of Schools, hereby appoints the following: (Probation
dates are tentative and conditional only. Except to the extent required by the applicable provisions of Education Law
sections 2509, 2573, 3212 and 3014 of the Education Law, in order to be granted tenure the teacher must receive
composite or overall annual professional performance review ratings pursuant to Section 3012-c and/or 3012-d of the
Education Law of either effective or highly effective in at least three (3) of the four (4) preceding years, and if the teacher
receives an ineffective composite or overall rating in the final year of the probationary period the teacher shall not be
eligible for tenure at that time)
Name: Kimberly Korba
Position: Teaching Assistant
Certification: Teaching Assistant Level I
Tenure: Teaching Assistant
Probation: 07/09/2021-07/08/2025
Base Salary: $18,800.00
Civil Service Appointments
Upon the recommendation of the Superintendent, the Board of Education approves the following civil service
position(s) (All appointments are conditional until paperwork is completed and fingerprints are cleared).
Name: Amanda Ashley
Civil Service Position: Senior Typist (FTE 1.0)-12 month
Effective Date: 07/09/2021Probationary period: 07/12/2021-07/11/2022
Hourly Rate: $13.38 (Step 9)
Hours per day: 7
2021 Summer Appointments
Upon the recommendation of the Superintendent, the Board of Education approves the following 2021
Summer Appointments (All appointments are conditional until paperwork is completed and fingerprints are
cleared)
Name: Breana Impastato
Position: Summer Laborer
Probation: N/A
Effective Date: retro to 07/06/2021
Hourly Rate: $12.66
Hours/day: 8
Substitute Appointments:
Upon the recommendation of the Superintendent, the Board of Education approves the following substitute
position(s) (All appointments are conditional until paperwork is completed and fingerprints are cleared)
Name: Ronald Spano
Civil Service Position: Substitute Cleaner
Substitute Laborer
Effective Date: After fingerprinting
Probationary to Permanent
Be it resolved that upon the recommendation of the Superintendent that the Board of Education hereby
approve the following probationary to permanent appointment.
Employee Position Permanent Effective Date
Casey Jesmer Cleaner 06/01/2021 (retro)
Designations
Be it resolved that upon the recommendation of the Superintendent, that the Board of Education hereby
approves the following designations for the 2020-2021 school year:
Faithful Performance Blanket Bonds
The Eastern Shores Insurance Company will provide a commercial crime insurance endorsement of
$1,000,000 for the positions of Superintendent, Business Official, Treasurer and Deputy Treasurers; and
an endorsement of $100,000 each for all other employees.
Official Bank Depositories
The official bank depositories for the Seneca Falls Central School District are Five Star Bank, Lyons
National Bank, JP Morgan Chase Bank and NY CLASS
Official Newspapers
The official newspapers for the Seneca Falls Central School District are the Finger Lakes Times and the
Auburn Citizen
Medicaid Services
Medicaid Cost Reporting for the Seneca Falls Central School District will be completed by Wayne Finger
Lakes BOCES
Authorization
Be it resolved that upon the recommendation of the Superintendent, that the Board of Education hereby
approves the following authorizations for the 2021-2022 school year:Signatories Check and Bank Accounts
The checks and bank accounts for the School District shall bear the signature of the District Treasurer by
hand or facsimile. Only in the event that the Treasurer is unavailable the Deputy Treasurer is authorized to
affix the required signature.
Petty Cash Funds
Building Employee Amount
Athletic Director Anthony Ferrara $100
CSE Office Karissa Blamble $100
Mynderse Academy Faith Lewis $100
Seneca Falls Middle School Kevin Rhinehart $100
Elizabeth Cady Stanton School Amy Hibbard $100
Frank Knight School Janet Clendenen $100
District Office Monica Kuney $100
Business Office Amy Jacuzzo $100
Cafeteria Stephanie Lyon Lawrence $200
Transportation Deborah Burnham $100
3. 2021-2022 Substitute Instructional Daily and Hourly Rates and Civil Service Daily and Hourly Rates
(All substitute workdays are based on 7.25 hours)
SUBSTITUTE POSITION Daily Hourly Rate for Special Employment (i.e.
Rate Tutoring)
Administrator n/a $45.00
Instructional (Teacher)
Retired Teacher (Seneca Falls or Seneca $125 $18.00
County)
Certified Teacher $115 $16.00
Uncertified Teacher or Teacher Assistant $100 $14.00
Certified Teacher Assistant I,II, III $110 $15.00
Instructional (Teacher Assistant)
Certified Teacher or Teacher Assistant $110 $15.00
Uncertified Teacher Assistant $100 $14.00
Registered Nurse $115 $16.00
LPN (Certified Licensed Practical Nurse) $110 $15.00
Technology Support n/a $18.00
Substitute Support Staff n/a Minimum Wage per NYS Depart. of Labor
Substitute Bus Driver n/a $16.75
2021-2022 Bus Usage Rates
Outside Groups Cost/Expense
Mileage $1.50
School Bus Driver $43.00
Bus Monitor $33.00
Additional expenses Plus miscellaneous expenses (tolls, meals, lodging, etc.)
SFSCD School Groups Cost/Expense
Mileage $1.50
School Bus Driver $16.75/ hour
Bus Monitor $13.20/ hour
Additional expenses Plus miscellaneous expenses (tolls, meals, lodging, etc.)
2021-2022 Use of Facilities:Service Cost Maintenance/Custodial Services or building usage beyond the normal scheduled $30.00/ hour hours Maintenance/Custodial Services or building usage for holidays $45.00/ hour 2021-2022 Student Breakfast/Lunch Prices Meal Cost Breakfast (K-12) $1.90 Lunch (K-12) $2.60 2021-2022 Adult Breakfast/Lunch Prices Meal Cost Breakfast (K-12) $2.25 Lunch (K-12) $4.50 Association Memberships The Board of Education approves the following association memberships for the 2021-2022 school year. Association Dues New York State School Boards Association Membership Not to Exceed $9,000 Rural School Association Not to Exceed $1,000 Seneca County Chamber of Commerce Not to Exceed $500 Conferences Overnight Conferences The Board of Education approves the 2021-2022 overnight conferences, with expenses (registration, lodging, meals, tolls), for Board of Education members, the Superintendent, the Business Administrator, District Administrators, Building Principals and the District Clerk. Conferences and Workshops The Board of Education authorizes the Superintendent to approve the attendance of faculty and staff to conferences and /or workshops. Mileage Rate The Board of Education authorizes the current IRS rate (Ed. Law 2118) as reimbursement for mileage related to employment with the district Re-adopt all District Policies The Board of Education approves the re-adoption of all District Policies for 2021-2022 school year (Ed. Law 1709, 2503). Section 0000-Philosophy, Goals & Objectives Section 1000-Community Relations Section 2000-School Board Governance & Operations Section 3000-Admininstration Section 4000-Instruction Section 5000-Student Policies Section 6000-Fiscal Management Section 7000-Facilities Development Section 8000-Support Services Section 9000-Personnel Policies CSE Minutes
Upon the recommendation of the Superintendent, the Board of Education approves the following CSE
Minutes.
05/24/2021(2), 05/24/2021(3), 05/27/2021, 06/02/2021, 06/03/2021, 06/04/2021, 06/07/2021, 06/08/2021,
06/09/2021, 06/10/2021, 06/11/2021, 06/14/2021, 06/14/2021(2), 06/14/2021(3), 06/15/2021,
06/16/2021(1), 06/16/2021(2), 06/17/2021, 06/18/2021, 06/21/2021, 06/22/2021, 06/23/2021(1),
06/23/2021,
Gifts and Donations
Upon the recommendation of the Superintendent, the Board of Education accepts the following gifts or
donations
Donor or Gift Amount/Item To be used for:
Merry go Round Playhouse $4,995 A2705 (General Fund) Arts In Education Programming
Resolution to Require Medical Examinations(s)
The Board of Education, being fully aware that it is empowered under Section 913 of the Education Law to
require the examination of employees, does hereby delegate such authority to require a medical
examination to the Superintendent. It is further understood that the Superintendent will consult with the
Board of Education, if practicable, but certainly after he requires an employee to undergo such
examination.
Absence of the President of the Board of Education
The Board of Education authorizes the Vice President of the Board sign documents in the absence or
disability of the President of the Board of Education for the 2021-2022 school year.
Transfer Authorization
SFCSD Budget Transfers
The Board of Education authorizes the Superintendent and Business Administrator to approve the transfer
of funds up to $10,000.00 for the 2021-2022 school.
Capital Project Funds
The Board of Education authorizes the Superintendent and Business Administrator to approve the transfer
of funds up to $35,000.00 for Capital Project change orders for 2021-2022
Free and Reduced Meal Plan Program
The Board of Education approves the Seneca Falls Central School District's participation in the 2021-2022
federally sponsored Free and Reduced Meal Program.
Applying for Federal and State Grants.
The Board of Education authorizes the Superintendent to apply for Grants in Aid, both Federal and State
(Educ. Law 1711, 2508).
Mrs. Lajewski asked for a motion to approve the consent agenda as listed.
Mrs. Jones made the motion, seconded by Mrs. Zellers.
Yes 7 No 0 Abstain 0 Motion carried
Old Business
Corrections
April 28, 2021 Resolution/Minutes
Mrs. Lajewski asked for a motion to correct the following April 28, 2021 approved Memorandums of
Agreements as follows:
XI. New Business
A. Agreements
3. Memorandum of Agreements-SFAA and SFSSA
MOTION: Upon the recommendation of the Superintendent, the Board of Education approves the following
Memorandum of Agreements:
a. Seneca Falls Administrators Association MOA-Juneteenth Holiday beginning with the 2022-2023 school
year. Effective July 1, 2021
b. Seneca Falls Support Staff Association MOA-Juneteenth Holiday beginning with the 2022-2023 schoolyear. Effective July 1, 2021
Mrs. Murney-Karsten made the motion, seconded by Mr. Reigel.
Yes 7 No 0 Abstain 0 Motion carried
June 24, 2021 Resolution/Minute
Mrs. Lajewski asked for a motion to correct the following June 24, 2021 accepted resignation as follows:
2. SFEA
b. Name: Toni Hould
Position: Physical Education Teacher Teaching Assistant
Effective date: the end of the day on June 30, 2021
Mrs. Jones made the motion, seconded by Mrs. Zellers.
Yes 7 No 0 Abstain 0 Motion carried
New Business
Memorandum of Agreements
Mrs. Lajewski asked for a motion that upon the recommendation of the Superintendent, the Board of
Education approve the following Memorandum of Agreements:
Seneca Falls Educations Association (SFEA) MOA- Public Relations Co-Coordinators
Seneca Falls Support Staff Association (SFEA) MOA-MTSS-Stimulus Funding
Mrs. Zellers made the motion, seconded by Mrs. Corsner.
Yes 7 No 0 Abstain 0 Motion carried
Seneca Falls CSD Event Staffing
Mrs. Lajewski asked for a motion that upon the recommendation of the Superintendent, the Board of
Education approve the following rates for any employee appointed by administration to perform the work of
event supervision:
$60 Event Staff Supervisor
$50 Event Staff Assistant
Effective Date: Retro to July 1, 2020
Mrs. Murney-Karsten made the motion, seconded by Mrs. Jones.
Yes 7 No 0 Abstain 0 Motion carried
Revised Board of Education Meeting’s Time and Locations
Mrs. Lajewski asked for a motion to approve the revisions (red) as listed:
Date Day Type of meeting Time Location
July 8, 2021 Thursday BOE Meeting 6:00 pm MA Auditorium
July 22, 2021 Thursday BOE Meeting 6:00 pm MA Auditorium
August 4, 2021 Wednesday BOE Meeting/Retreat 5:45 pm MA Auditorium
August 26 , 2021 Thursday BOE Meeting/Retreat 6:00 pm MA Auditorium
September 16, 2021 Thursday BOE Meeting 6:00 pm TBD
Admin Reports
October 7, 2021 Thursday BOE Meeting 6:00 pm District Office
October 21, 2021 Thursday BOE Meeting 6:00 pm District Office
November 4, 2021 Thursday BOE Meeting 6:00 pm District Office
Admin Reports
November 18, 2021 Thursday BOE Meeting 6:00 pm District Office
December 16, 2021 Thursday BOE Meeting 6:00 pm District Office
January 6, 2022 Thursday BOE Meeting 6:00 pm District Office
Admin Reports
January 20, 2022 Thursday BOE Meeting/Cady Stanton Roundtable 6:00 pm CS Cafeteria
February 3, 2022 Thursday BOE Meeting 6:00 pm District Office
February 17, 2022 Thursday BOE Meeting/Frank Knight Roundtable 6:00 pm FK Cafeteria
March 10, 2022 Thursday BOE Meeting 6:00 pm District Office
Admin Reports
March 24, 2022 Thursday BOE Meeting/ Middle School Roundtable 6:00 pm MS LibraryApril 7, 2022 Thursday BOE Meeting 6:00 pm District Office April 27, 2022 Wednesday BOE Meeting/Mynderse Roundtable 6:00 pm MA Cafeteria May 5, 2022 Thursday BOE Meeting 6:00 pm District Office Admin Reports May 17, 2022 Tuesday Annual Budget Vote/Election Noon-8:00 pm TBD June 2, 2022 Thursday BOE Meeting 6:00 pm District Office June 23, 2022 Thursday BOE Meeting 6:00 pm District Office Mr. Hartwell made the motion, seconded by Mrs. Corsner. Yes 7 No 0 Abstain 0 Motion carried Policy -1st Reading -Code of Conduct Mrs. Lajewski asked for a motion that upon the recommendation of the Superintendent, the Board of Education approves the first reading of Policy 5300-District Code of Conduct, as presented. Mrs. Jones made the motion, seconded by Mrs. Zellers. Yes 7 No 0 Abstain 0 Motion carried Executive Session-Personnel Matter and Real Property Matter Mrs. Lajewski asked for a motion to enter into Executive Session at 7:57 pm to discuss a personnel matter and real property matter. Mrs. Murney-Karsten made the motion, seconded by Mr. Mirras. Yes 7 No 0 Abstain 0 Motion carried Monica Kuney, District Clerk The regular meeting resumed at 8:50 pm. Adjourn Mrs. Lajewski asked for a motion to adjourn the meeting. Mr. Mirras made the motion, seconded by Mrs. Jones. Yes 7 No 0 Abstain 0 Motion carried Cara Lajewski, President Board of Education
BE A VOICE FOR PUBLIC EDUCATION
BECOME AN ADVOCACY LIAISON
We encourage each district to appoint an Advocacy
Liaison during their annual reorganizational meeting.
This individual becomes the direct link for sharing
important legislative information and helps lawmakers
understand the challenges individual districts face.
THE BENEFITS OF HAVING AN
FAQs
ADVOCACY LIAISON INCLUDE: What is the time commitment
for this position?
Advocacy can move very quickly so
• A board member to receive “Call-to-Action”
it is essential for the Governmental
alerts directly Is there an ideal candidate Relations Department to have a
• Invitations to Lobby Day events, congressional for this position? dedicated group of members to call
No! We encourage all types of on. The Advocacy Liaison program is
meetings and focus groups
board members to join the program. designed to use Advocacy Liaisons as
• Monthly newsletter with detailed information No prior experience is needed, just a point of contact for Governmental
regarding advocacy efforts and legislative enthusiasm for advocating for your Relations. School board members
updates board and NYSSBA. Many first-term already volunteer their time in their
board members find it to be a great current positions. With this in mind,
• Opportunities to attend NYSSBA
way to learn more about NYSSBA we have created this program to take
advocacy events (with board approval)
and our legislative priorities. Long-term as much time as you are able to give.
• Direct point of contact for NYSSBA board members appreciate the We do not have any requirements for
advocacy activities opportunity to get involved in a attending lobby days or other events.
new way. We only expect those taking on the
role of Advocacy Liaison to pass along
Is this position the same
important information regarding
as the voting delegate?
NYSSBA’s advocacy efforts to their
While it is not required, we do
fellow board members.
recommend that advocacy liaisons
also serve as voting delegates. Our
advocacy positions are discussed
Learn more by contacting
and voted on during the Annual
Danielle Grasso, our Grassroots
Business Meeting. Serving as both
voting delegate and advocacy liaison Advocacy Manager, today!
allows individuals to be involved in advocacy@nyssba.org
the various stages of the NYSSBA (800) 342-3360
advocacy process.MEDICAL SERVICES AGREEMENT
THIS MEDICAL SERVICES AGREEMENT (the “Agreement”), dated this ___ day of
______________, 2021, by and between Soldiers and Sailors Memorial Hospital, a New York not-for-
profit hospital having an address at 418 North Main Street, Penn Yan, NY 14527 (the “Provider”), and
Seneca Falls Central School District, having an address at 98 Clinton Street, Seneca Falls, New York
13148 (the “District”).
WHEREAS, the Provider owns and operates medical facilities and offers various health services
throughout the upstate New York region; and
WHEREAS, the District has a student health infirmary on its campus and requires licensed
medical professionals to provide health care services and administrative oversight (the “Services”); and
WHEREAS, the Provider desires to provide the Services in accordance with the terms of this
Agreement.
NOW, THEREFORE, the parties agree as follows:
1. Provider’s Obligation
(a) Provider will provide health related services on a non-exclusive basis on the
District’s campus for up to four (4) hours per week at such times as both Provider and District agree.
Provider will provide a school physician Licensed in the State of New York or other New York State
licensed Advanced Care Practitioner to perform services to perform services outlined in Exhibit A-
School Physician Services.
(b) Prior to the Effective Date, Provider will obtain and maintain at Provider’s
expense the insurance set forth in Section 7.
(c) Provider’s employees who are providing Services to the District will at all times
be properly licensed in New York State, and the Services will be provided in accordance with applicable
standards of care and applicable state and federal laws and regulations (the “Applicable Laws”).
2. District’s Obligation
(a) District will furnish Provider with facilities, office furniture, medical equipment,
and medical supplies (the “Facilities”) at the campus as are reasonably necessary for Provider to provide
the Services. Initially, the equipment within the Facilities is adequate for the contracted Services. Should
an identified need for such items become evident, District and the Provider will discuss the needs and
mutually agree to take steps reasonably necessary to bring the Facilities up to the standards for care.
(b) District will provide all utilities, maintenance, and housekeeping services for the
Clinic. District will also provide Provider with access to a secure high speed internet connection, phone,
and fax lines at no charge to the Provider.
13. Compensation and Terms
(a) District will pay Thirty Six Thousand Seven Hundred Fifty dollars ($36,750.00)
annually, or Three Thousand Six Hundred Seventy Five dollars ($3,675.00) in 10 monthly payments
(September through June) for Services provided (the Fees). Provider’s expense for malpractice insurance,
benefits, travel, and administrative costs are built into the Fees. Provider will invoice the District monthly
for all Services provided during the preceding month.
(b) School bus driver physicals meeting New York State Department of
Transportation standards will be billed at a rate of Twenty Five dollars ($25.00) each. Provider will
invoice the District monthly for any DOT physicals performed in the preceding month. Invoices will
come from FLH Medical, PC. A sister company to the Provider
(c) Terms of payment will be net thirty (30) days after District receives an invoice.
Invoices will be deemed received three (3) business days after being mailed by Provider. Payment will be
considered made when payment checks are mailed or an electronic funds transfer is initiated. Late
payments are subject to a one-and-a-half (1.5%) percent penalty and will accrue interest at the maximum
amount permitted by law.
4. Term and Termination
(a) This Agreement is effective August 1, 2021 (the “Effective Date”). The term is
effective for one (1) year beginning on the Effective Date and terminates July 31, 2021. If at the end of
the term neither party has expressed interest in negotiating a new Agreement, Agreement will renew
annually on August 1st for a term of one (1) year with a 3% annual fee increase from the preceding school
year.
(b) Either party may terminate this Agreement without cause One Hundred Twenty
(120) days with prior written notice. Either party may terminate this Agreement for cause on thirty (30)
days prior written notice, during which notice period the cause may be cured.
(c) Upon any termination of this Agreement the District will pay Provider the
accrued but unpaid compensation owed to it hereunder.
(d) If either party breaches any term or condition of this Agreement the non-
breaching party will have the right, at any time including subsequent to the expiration or termination of
this Agreement, to assess damages or to sue for damages for such breach and to seek such legal and
equitable remedies as may be available to it. All rights and remedies provided in this Agreement or
existing at law or in equity will be cumulative of each other and may be enforced concurrently therewith
or from time to time.
25. Records and Reporting
(a) Reports for any Services provided on campus by Provider under this Agreement
will be recorded and maintained by the District. Provider will retain and maintain all student, faculty, and
staff medical records prepared by Provider while performing services at the Providers office in
accordance with Providers medical records policies. Copies of these records for services provided at
Provider’s office will be provided to the District. Provider is concerned about maintaining the privacy of
all student-patient data, particularly medical information. These records will be retained by Provider
upon termination of the Agreement. No student-patient health information may be transferred or released
without prior approval of the student-patient, or as otherwise permitted by Applicable Laws. In the event
of such release or transfer, District will exercise all due care to maintain the security of Provider’s data
and to prevent its loss or appropriation by unauthorized individuals. Only the limitations imposed by the
student-patient’s medical condition and the precautions the District should institute to avoid aggravation
of the student-patient condition should be disclosed, unless disclosure is authorized by the student-patient
or required for public safety. First aid and safety personnel may be informed, when appropriate, if a
condition might require emergency treatment.
6. Relationship of the Parties
Provider is an independent contractor of the District under this Agreement and neither
party is considered an employee, partner, or agent of the other party. Neither party has the authority to act
as an agent for or to bind the other party in any way. The parties will report for tax purposes in a manner
required by and consistent with the terms of this Agreement.
7. Insurance
(a) Provider will obtain and maintain, at its sole cost and expense, professional
malpractice insurance during the term of this Agreement on an occurrence basis for each employee
providing Services to the District. This professional malpractice insurance will be with a carrier
authorized to do business in New York State and will have a coverage limit of at least one million
($1,000,000) dollars per occurrence and three million ($3,000,000) dollars in the annual aggregate.
(b) Provider will provide District evidence of the insurance required under Section
7(a) as of the Effective Date, and as may otherwise be requested by District from time to time.
8. Indemnification
(a) District will indemnify, hold harmless and defend the Provider and its officers,
managers, directors, shareholders, members, employees and agents, and the heirs, successors and assigns
of each of the foregoing, from and against any and all liabilities, losses, damages, claims, causes of action
(collectively, the “Claims”) caused directly or indirectly, by or as a result of any acts or omissions of
District for any breach of this Agreement to the extent that any such Claims are not compensated for by
applicable insurance.
(b) Provider will indemnify, hold harmless and defend the District and its officers,
managers, directors, shareholders, members, employees and agents, and the heirs, successors and assigns
of each of the foregoing, from and against any and all Claims caused, directly or indirectly, by or as a
3result of any acts or omissions of the Provider and/or its employees providing Services (including,
without limitation, malpractice) or any breach of this Agreement to the extent that any such Claims are
not compensated for by applicable insurance.
(c) Each party agrees to provide the other with information in its possession which is
essential to the other party’s defense in litigation and which is not reasonably available from another
source subject to Applicable Laws of confidentiality and attorney-client privilege.
(d) The terms of this Section 8 will survive the termination of this Agreement.
9. Compliance
(a) It is not a purpose, nor is it a requirement of this Agreement or any other
agreement among the parties, to offer or receive any remuneration or benefit of any nature to solicit,
induce, require or encourage the referral of any patient the payment for which may be made in whole or in
part by the Medicare or Medicaid programs or otherwise. Neither party will make or receive any payment
that would be prohibited under Applicable Laws. No part of this Agreement will be construed to induce
or encourage the referral of patients or the purchase of health care services or supplies. The parties
acknowledge that there is no requirement under this Agreement or any other agreement between the
parties that any party refer any patient to any health care provider or purchase any health care goods or
services from any source. Additionally, no payment under this Agreement is in return for the referral of
patients, if any, or in return for purchasing, leasing or ordering services from a party hereto, or any of the
parties’ affiliates. The parties may refer patients to any company or person providing Services and will
make such referrals, if any, consistent with professional medical judgement and the needs and wishes of
the relevant parties. Each party will promptly notify the other party of any investigation alleging a
violation of law which may affect this Agreement.
(b) Both parties will comply with all Applicable Laws; with applicable ethical and
professional standards; and with currently accepted and approved methods and practices.
10. Confidentiality
(a) The parties to this Agreement acknowledge that the engagement under this
Agreement necessarily indicates that the parties may be dealing with confidential and proprietary
information of the other parties including, but not limited to, financial information as well as student and
patient information. As such, except as otherwise required by Applicable Laws, the parties and their
agents, servants, and employees will at all times after the date of this Agreement not copy, discuss or
disclose to anyone, directly or indirectly, any such confidential information to any unauthorized third
party. In this regard, the parties will maintain the confidentiality of the information contained in any
student-patient’s medical records so as not to disclose such information without the written consent of the
individual authorized to release such records in accordance with all Applicable Laws, including but not
limited to HIPAA and its implementing regulations.
(b) Upon expiration or termination of this Agreement for any reason District will
promptly surrender and return to Provider all copies of any files, records, books, manuals, instructions,
4letters, testing reports, and other material, whether written or recorded by electronic, photographic,
mechanical or any other means, other than material which are required to be maintained pursuant to
Applicable Laws. District will at all times have access to copies of these records and files for legal
purposes, which right will survive the termination or expiration of this Agreement for any reason. The
cost of any copied requested by the District will be paid for by the District at Provider’s customary rates.
District acknowledges that these restrictions are reasonable and necessary to protect the legitimate
business interests of Provider and the privacy of its student-patients.
(c) A breach of this Section 10 will result in irreparable harm to the non-breaching
party for which the non-breaching party cannot be reasonably or adequately compensated. Therefore, the
non-breaching party will be entitled to equitable remedies including, without limitation, injunctive relief,
to prevent a breach and to secure enforcement thereof, in addition to any other relief or award to which
they may be entitled.
11. Change in Applicable Laws
The fees are based in part upon the parties’ compliance with all Applicable Laws relevant
to the services. If there is a material change in any Applicable Law that would make it commercially
unreasonable for Provider to provide the Services at the agreed upon rates, Provider will have the right to
increase the rates or fees upon written notice to District; provided, however, that District will have the
right to terminate this Agreement within thirty (30) days of such notice if it does not agree to accept such
rate changes or fee increases. During this thirty (30) day period, the original rates will continue to apply.
12. Severability
Every provision of this Agreement is intended to be severable. If any provision is held to
be invalid or unenforceable by law or by a court of competent jurisdiction; all other provisions will
nevertheless continue in full force and effect. In lieu of such invalid or unenforceable provisions, there
will be added to this Agreement a legal, valid and enforceable provision as similar in terms to such
invalid or unenforceable provision as may be possible.
13. Miscellaneous
The following provisions will apply to this Agreement:
(a) The paragraph headings contained in this Agreement have been prepared for
convenience of reference only and will not control, affect the meaning, or be taken as an
interpretation of any provision of this agreement.
(b) Several copies of this Agreement may be executed by the parties, each of which
are deemed an original for all purposes, and all of which together constitute but one and the same
instrument.
(c) In the event any term or condition of this Agreement is breached by either party
and thereafter waived by the other party, then such waiver will be limited to the particular breach
so waived and is not deemed to waive any other breach either prior or subsequent to the breach so
waived.
5(d) If the consent of either party is required for whatever reason under the terms of
this Agreement, such consent will not be unreasonably withheld.
(e) Wherever necessary or appropriate, the masculine gender whenever used
will include the feminine, and the feminine will include either masculine; the neuter will include
both masculine and feminine; the singular will include the plural and the plural will include the
singular.
(f) Defined terms referenced in the recitals set forth above are incorporated into and
made a part of this Agreement.
(g) The parties acknowledge that they are entering into this Agreement solely for
their own benefit and purposes, and not for the benefit of any third party.
14. Failure of Performance
If either party to this agreement fails in the due performance of any of its obligation under
the terms of this Agreement, the other party will have the right, at its election, to sue for damages for such
breach and to seek such legal and equitable remedies as may be available to it. Nothing contained herein
will be construed to restrict or impair the rights of either party to exercise this election. All rights and
remedies herein provided or existing at law or in equity are cumulative of each other and may be enforced
concurrently therewith or from time to time.
15. Notices
Any notice or other communication which is required to be given under the terms of this
Agreement will be in writing and delivered personally, or sent by registered mail, or by certified mail
return receipt requested. Any notice which is mailed will be deemed to have been given on the second
business day after the day of the mailing (not counting the day mailed), irrespective of the date of receipt.
Notices may be signed and given by the attorney for the party sending the notice. A new address may be
designated by notice.
16. Construction
All understandings and agreements previously made by and between the parties are
merged in this agreement, which alone fully and completely expresses their agreement. This Agreement
may not be changed, terminated, nor any of its provisions modified or waived, except in writing signed by
all of the parties to this Agreement.
17. Applicable Law; Jurisdiction, Venue
This Agreement will be governed by and construed in accordance with the laws of the
State of New York without regard to its principles of conflicts of law or without regard to any custom or
rule of law requiring construction against the drafter. The County of Ontario in the State of New York is
hereby designated as the exclusive forum for any action or proceeding arising from or in any way
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