SERARATION AGREEMENT This Separation Agreement ("Separation Agreement")is made by and between Joh Barone, Sr. (“Employee”), of Jericho, Vermont and Board of Trustees of the Town of Milton School District (“Employer”) and is effective as of the expiration of the Revocation Period specified below in Section I A below (absent revocation) (the "Effective Date"), L WHEREAS, Employee and Employer are parties (“Parties”) to a MILTON TOWN SCHOOL DISTRICT EMPLOYMENT AGREEMENT (“Contract”) executed by both the Employee and the Employer in 2014 and pursuant to which Employee's term of ‘employment as Superintendent of Schools runs from July 1, 2015 through June 30, 2016; and WHEREAS, The term of employment described immediately above notwithstanding, the Contract, at its Paragraph 3.4), provides thet it may be terminated “at any time with mutual agreement between the Employee and Board;” and WHEREAS, Pursuant to the Contract’s Paragraph 3.4), Employee and Employer hereby agree that Empioyee’s employment with the Town of Milton School District is, terminated effective January 8, 2016; and WHEREAS, Subject to the terms and conditions of this Separation Agreement, the parties hereby establish terms and conditions for Employee’s separation from employment with Employer, NOW THEREFORE, in consideration of the foregoing premises and the mutual promises, terms, provisions and conditions set forth in this Separation Agreement, the parties hereby agree: CONSIDERATION TO EMPLOYER A. SEPARATION AGREEMENT. Employee shall execute this Separation Agreement, Employee acknowledges and agrees that he has been provided the ‘opportunity to use as much of the twenty-one (21) day period from January 19, 2016 as he wished to consider this Separation Agreement including the Waiver and General Release of Claims ("Waiver and Release"). Employee understands ‘that for a petiod of seven (7) days from his execution of the Separation ‘Agreement, he has the right to revoke the Separation Agreement ("Revocation Period"). Employee is hereby advised to consult with an attorney regarding, Whether to execute the Separation Agreement B. WAIVER AND RELEASE, Employee shall execute the Waiver and Release that is attached to this Separation Agreementas Attachment A. Employee acknowledges and agrees that he has been provided the opportunity to use as much of the twenty-one (21) day period from January 19, 2016 as he wished to consider mt nial 1the Waiver and Release, Employee understands that for a period of seven (7) days from his execution of the Waiver and Release, he has the right to revoke the Waiver and Release, Employee understands his revocation of the Waiver and Release shall automatically result in his revocation of the Separation Agreement. Employee is hereby advised to consult with an attorney regarding whether to execute the Waiver and Release. CONFIDENTIAL INFORMATION, Subject to applicable law, including but not limited to 1 V.S.A. 315, et seq., 21 V.S.A. 306 and 21 V.S.A. 1301, et seq., Employee and Employer will comply with the policies and procedures of Employer for protecting confidential information, including, but not limited to personnel and educational records, and shall never disclose to any person or entity (except as required by applicable law) or use for his own benefit or gain, any confidential information ‘obtained by them incident to Employee’s employment or other association with Employer. Employee and Employer understand that this restriction shall continue to apply after Employee's employment with Employer ends, Employer shall be allowed to disclose the terms of this Agreement to those employees and/or agents who have a need to know the terms of this Agreement in order to implement said terms, It is understood that as a public entity, subject to ‘Vermont's Open Meeting and Access to Public Documents Laws, Employer must lawfully respond to public records requests that it receives, Employer shall make reasonable efforts to promptly notify Thomas H, Somers, Esq. should Employer receive a public records request that relates to Employee. REFERENCES Employee shall direct any inquiries for references to Employer's Human Resources Director. Employer's Human Resources Director shall respond to any such inquiries by relating only the dates of employce’s employment and title held, and that Employee and Employer reached agreement as to separation. Il. CONSIDERATION TO EMPLOYEE A COMP! SATION The parties hereby agree that Employer shall compensate Employee in the total gross amount of $20,600.00, minus all required and applicable withholdings and deductions, payable in a lump sum, no later than two weeks after the Biffe Date. BENEEITS CONTINUATION. Except for health/dental, life and long term disability insurance, Employee’s current Employer - provided benefits will 2m1. terminate as of the date hereof. As to healtlvdental insurance, Employee shall forthwith elect to utilize medical coverage pursuant to COBRA, and shall submit the proper paper work to Employer. Employer shall pay the premium amounts on ‘bchalf of Employee for the months of January, February and March of 2016. For these three months, Employee shall be solely responsible for any premium contributions and or co-pays, deductibles or any other payments he is responsible for under the health/dental insurance plan he selected. Thereafter Employee is responsible to make timely payments of 102% of the premium to Employer or he understands that his insurance plan may lapse. As to life and long term disability insurance, Employer will pay the January, February and March 2016 premiums for the life and long term disability insurance coverage discussed at Paragraph 7. a) of the Contract. Said premium payments notwithstanding, any operation of, coverage and/or payments pursuant to said policies will be controlled by the respective policies themselves. ACCRUED VACATION, Employee shall receive payment for his accrued vacation, amounting to 25 days for FY 16, no later than two weeks after the Effective Date, NO FURTHER LIABILITY. Other than the obligation to provide the consideration specified herein, Employer and its board members, officers, employees, subsidiaries, affiliates, attorneys, successors, assigns, agents, and representatives shall have no further obligation or liability to Employee or any other person or entity under this Separation Agreement, NO OTHER CONSIDERATION. Employee and Employer agree that no further consideration is due to Employee other than that which is specifically set forth in this Agreement, Employee acknowledges that the above described consideration is more than he would be entitled to in the absence of this Separation Agreement. MISCELLANEOUS A ASSIGNMENT. Neither Employer nor Employee may make any assignment Of this Separation Agreement or any interest herein, by operation of law or otherwise, without the prior written consent of the other. SEVERABILITY. If any portion or provision of this Separation Agreement is to any extent declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Separation Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, ‘and each portion and provision of this Separation Agreement shall be valid and ‘enforceable to the fullest extent permitted by law. WAIVER. No waiver of any provision hereof shall be effective unless made wap initials 3in writing and signed by the waiving party. ‘The failure of either party to require the performance of any term of obligation of this Separation ‘Agreement, of the waiver by either party of any breach of this Separation ‘Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. NOTICES. Any and all notices, requests, demands end other communications provided for by this Separation Agreement, except for tevocation of this Agreement and Waiver and General Release of Claims shall be in writing and shall be effective when delivered in person or deposited in the United States mail, postage prepaid, registered or certified, and addressed to Employee at his last-known address on the books of Employer and, in the case of Employer to Joseph A. Farnham, McNeil, Leddy & Sheahan, P.C., 271 South Union Street, Butlington, VT 05401. AMENDMENT. This Separation Agreement may be amended or modified only by a written instrument signed by Employee and the Chair of the Board of Trustees of the Town of Milton School District GOVERNING LAW, CONSENT TO JURISDICTION. This Separation Agreement and all claims related thereto, including tort or otherwise, shall be ‘construed and enforced under and be governed in all respects by the laws of the State of Vermont, without regard to the internal conflict of laws principles thereof. For the purpose of all claims related to this Separation Agreement or Employee’s employment with Employer, both Employer and Employee: inrevocably submit to the exclusive jurisdiction of either a state court located in Chittenden County, Vermont or any federal court in Vermont and agree that any such proceeding shall be brought or maintained only in such court; and ({i) waive, to the extent not prohibited by applicable law, and agree not to assert in any such proceeding (a) any claim that itis not subject to the jurisdiction of the above-named courts, (b) that he or it is immune from extraterritorial injunctive relief or other injunctive relief, (c) that any such proceeding brought or maintained in a court provided for above may not be properly brought or maintained in such court, () that it should be transferred to some other court or should be stayed or dismissed by reason of the pendency of some other proceeding in some other court, and/or (e) that this Separation Agreement or the subject matter hereof may not be enforced in or by such court, ACKNOWLEDGEMENT OF RECEIPT OF SEPARATION AGREEMENT AND WAIVER AND RELEASE. Employee acknowledges receipt of this Separation Agreement and the attached Waiver and Release on January 19, 2016 ENTIRE AGREEMENT. This Separation Agreement constitutes the entire 4 mth fe inialsagreement between the parties and supersedes and revokes any and all prior and contemporaneous communications, representations and understandings, ‘whether written or oral, with respect to the terms and conditions of Employee’s employment or separation. I. COUNTERPARTS. Fach party will sign two counterpart originals of this, Separation Agreement, each of which shall have the full force and effect of inal document. Employee shall sign two originals of the Waiver and Release. IN WITNESS WHEREOF, this Agreement has been executed by Employer, by its duly authorized officer, and by Employee, as of the dates below. Dated: 2/6 1/a20/- STATE OF VERMONT COUNTY OF CHITTENDEN, ss: At Ailton _. Vermont this QA _ day of. Febraety , 2016, personally appeared John Barone, Sr, {0 me known to be the signer ofthe foregoing Separation ‘Agreement, and he acknowledged the execution of the same to be his free act and deed. Before me: Notary P Commission Expires: Dated: _22.//, STATE OF VERMONT COUNTY OF CHITTENDEN, ss: Atco \bc.s.) Vermont, thistday of ets uas2016, personally appeared Lar, Doce. » to: me known to be the signe of the foregoing Separation ‘Agreement, and he/she acknowledged the execution of the same (o be his/her fiee act and deed, and the free act and deed of Board of Trustees ofthe Town of Milton School District Before me: Commission Expites: a | ca Lxsy ATTACHMENT A até sited 5Waiver and Genes Release of Claims In return for the consideration specified in the Separation Agreement to which this, Waiver and General Release of Claims is attached as Attachment A (the "Separation Agreement"), the sufficiency of which I acknowledge, I, John Barone, Sr.: 1, fully and finally waive, release and discharge, Board of Trustees of the Town of Milton School District including its officers, employees, agents, attorneys, successors, assigns, and their respective insurers, from any and all claims, demands and causes of action of any nature whatsoever, specifically including, but not limited to: (@ any and all claims, demands and causes of action for alleged discrimination based on the Age Discrimination in Employment Act, 29 U.S.C. $621, et. seq., as amended from time to time; (b) any and all claims, demands and causes of action for alleged discrimination based on The Americans With Disabilities Act, 42 U.S.C. §12101, et. seq., as amended from time to time; (©) any and all claims, demands and causes of action for alleged conduct based on the federal Family and Medical Leave Act, 29 U.S.C. §2601 et. seq. and/or Vermont's Parental and Family Leave Act, 21 V.S.A. §470, et, seq, ,both as the may be amended from time to time, (any and all claims, demands and causes of action for alleged discrimination based on any federal law and/or the Vermont Fait Employment Practices Act, 21 V.S.A. § 495, et. seq., as amended from time to time; (©) any and all claims, demands and causes of action for alleged violation of any provisions of 16 V.8.A. §241 and/or the Town of Milton. Charter, as amended from time to time; (©) any and all claims, demands and causes of action based on any employment agreement, or discussions, conversations, written and oral statements and communications with and by Board of Trustes ofthe Town of Milton Schoo! Disvit, its administrators, employees or agents, both prior to the commencement of and during the course of my employment, specifically {neluding but without limitation MILTON TOWN SCHOOL DISTRICT EMPLOYMENT AGREEMENT (“Contract”) executed by both the Employee and the Employer in 2014; (@ any and all claims, demands and causes of action based on al! employment policies, procedures and practices maintained by Employer during my employment with Employer;2. Lacknowledge and agree that executing this Waiver and General Release of Claims is my free and voluntary act after being given the opportunity to review, for a period of up to twenty-one (21) days, the Separation Agreement and this Waiver and General Release of Claims and all of its terms with my personal attorney. Thereby acknowledge that Employer ad vised me to consult with legal counsel regarding Separation Agreement, including this Waiver and General Release of Claims, specifically the Waiver of Claims under the Age Discrimination in Employment Act. Tacknowledge and agree that I received twenty-one (21) days from January 19, 2016 within which to consider the Separation Agreement and this Waiver and General Release of Claims and do hereby voluntarily waive any part of that twenty-one 21 one day period which I chose not to use. understand that for a period of seven (7) days from my execution of the Separation Agreement and this Waiver and General Release of Claims, I have the right to revoke the Separation Agreement and this Waiver and General Release of Claims. 1 also understand that if I do not execute this Waiver and General Release of Claims, it shall cause a revocation of the Separation Agreement. understand that my written notice of revocation must be delivered to Joseph A. Farnham, MeNeil, Leddy & Sheahan, P.C., at 271 South Union Street, Burlington, VT. 05401 no later than 5:00 p.m. on the seventh day or on the next business day after I execute this Waiver and General Release of Claims. I also understand that if I revoke the Waiver and General Release of Claims, it shall cause a revocation of the Separation Agreement. IN WITNESS WHEREOF, this Waiver and General Release of Claims has been executed by John Barone, Sr. as of the date below. Dated: _ 3/0 /-¥do Lf, John Barone, Sr. STATE OF VERMONT COUNTY OF CHITTENDEN, ss: at Milton. V athis Qth day of. 2016, personally appeated John Barone, St. to me known to be the signer of the foregqag Waiver and General Release of Claims, and he acknowledged the execution of the same to be his free act, and deed. Before me: dui O'R pe tNhaten Notary Public ‘Commission Expires: uli 10000 Sp. Ag 2446