SEVTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release is made by and between the Birmingham City Board of Education (hereinafter, “the Board") and Dr. Larry Conti (hereinafter, “Dr. Cont) WHEREAS, Dr. Contsi currently serves as Director of Schools for the Birmingham City Board of Education; and WHEREAS, Dr. Contr and the Board have determined that the interests of all parties ‘would be best served by modifying the terms and conditions of Dr. Conti's employment as Aeseribed below; NOW THEREFORE, in consideration ofthe mutual covenants hereinafter st forth, the Board and Dr. Conti agree as follows: |. Dr. Contr hereby irrevocably tenders his notice of retirement and his resignation from employment with the Birmingham City Board of Education to be effective June 30,2017. 2. Within dhiny days ofthe Board's approval ofthis setlement agreement and release, the Board shall pay to Dr. Conti the sum of Seventy Five Thousand Dollars ($75,000.00), which sum shall be divided and allocated for tax purposes as follows: 60% of the aforesaid payment shall te deemed back pay: 40% ofthe aforesaid payment shall be deemed compensatory damages. The aforesaid payment shal be subject appropriate ax withholding and reporting requirements. Dr Contr ayrees to indemnify and hold the Board hares for, fom, and with respeet to any monetary ibility that may be imposed by any federal state, of local taxing authority against the Board as result of any determination tat the aforementioned allocation isnot allowed under ot is inconsistent with governing law. 3. Effective October 1, 2016, De. Conti shall be appointed to the postion of Director of Extemal Affairs and Community Relations to be paid an annual salary commensurate with asalary schedule 646-16. Said appointment shall be effective through the date of Dr. Conti's retirement and resignation (lune 30,2017), In sid postion, Dr. Conte shal have responsibility for responding to complaints and grievances filed by parents and members of the public; for Planning and executing special evens; for suengthening and supporting clear communication and positive relations! between the Board and parent support organizations (eg. parent teacher associations, booster clubs); for serving as a liaison to and fostering positive relations between the Board and charitable and community support organizations. For the duration of his appointment, De. Conte will report directly to Chief of Staff. 4. Upon execution and approval of this Agreement by all parties, De. Cont agrees to promptly dismiss with prejudice any and all claims asserted against any defendant named in any capacity in Larry Conti»: The Birmingham City School Board, et al. (Civil Action No. 01-CV- 2014-901670.00) and in anyother civil ation pending agains the Birmingham Board of Education and any member, official, employee, agent, insurer o representative thereof, in any capacity, or ‘any person or entity in privity therewith. 5. Dr Conti further RELEASES, DISCHARGES, and EXONERATES the persons, panties, and entities desribed in paragraph 4, above (heeinater collectively deseribed and referred to asthe Released Parties) from any and all claim, complains, suits, actions, causes of setions, debts, demands, judgments, damages costs, es, expenses elie oliailiies of any kind or character that Dr. Contr as, had, may have, or may have had against the Released Parties, including but ot imited to any and allclims arising out of of elatng to Dr, Cntss employment with or by the Board6. Nothing in this Agreement shall be construed or deemed to constitute an admission of ero, wrongdoing, or liability on the part of any party thereto. 7. This Settlement Agreement and Release shall only be effective upon its review ‘and approval by the Birmingham City Beard of Education and any Defendant named in his or her individual capacity. IN WITNESS WHEREOF, the undersigned have executed and delivered this Settlement and Release Agreement this day of August 2016 ez tri, Plaintift Hilo iO Pent Ag eae Be Rell Gatien SereneSTATEOF ALABAMA) JEFFERSON COUNTY) 1, the undersigned, a Notary Publi in and for said County in said State, hereby certify that DR, LARRY CONTRI, whose name is signed to the foregoing instrument, and who is known 10 ime, acknowledged before me on this day tha, being informed of the contents ofthe instrument, he executed the same voluntarily onthe day the same bears date undermyhanis £ éeyot Jlugust 2016 Labowllinigtattler Notary Public My Commission EagjrGommission.. STATE OF ALABAMA) Expires March 5, 2018 JEFFERSON COUNTY) [the undersigned, a Notary Public in and for said County in said State, hereby certify that KELLEY CASTLIN-GACUTAN, whose name is signed to the foregoing instrument as Superintendent of the Birmingham City Board of Education, and who is known to me, acknowledged before me on tis day that, being informed ofthe contents ofthe instrument, she, in her capacity as Superintendent, executed the same voluntarily onthe day the same bears date.