SUPPLEMENT TO REGULAR TEACHER S CONTRACT FOR SUPERINTENDENT OF SCHOOLS. THIS SUPPLEMENT, is made and entered into in the City of Richmond, Wayne

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1 Page 1 of 8 SUPPLEMENT TO REGULAR TEACHER S CONTRACT FOR SUPERINTENDENT OF SCHOOLS THIS SUPPLEMENT, is made and entered into in the City of Richmond, Wayne County, Indiana, on this 25th day of July 2012, to be effective as of August 01, 2012, by and between RICHMOND COMMUNITY SCHOOLS, a public school corporation reorganized and existing under the laws of the State of Indiana with principal offices at 300 Hub Etchison Parkway, Richmond, Indiana, by and through its Board of Trustees (hereinafter Board ), and DR. ALLEN B. BOURFF, a resident of Wayne County, Indiana (hereinafter Superintendent ). WHEREAS, the Board now needs and desires to employ a Superintendent to perform the duties of Superintendent of Richmond Community Schools; and WHEREAS, Dr. Allen B. Bourff has consented to fulfill the duties of Superintendent of Richmond Community Schools during the period of this agreement and in accordance with the terms and conditions set forth below: NOW, THEREFORE, it is agreed by and between the parties as follows: 1. Term of Contract - The Board hereby employs Superintendent, and the Superintendent hereby accepts employment, as Superintendent of Richmond Community Schools for a term commencing the 1st day of August 2012, and ending on July 31, The term of this agreement shall automatically extend for an additional one (1) year period if the Board or Superintendent fails to notify the other party before July 15 of a given year that the contract extension shall not occur. By way of example, should the Board or Superintendent fail to notify the other party by July 15, 2013, that it does not intend to extend the term of this Supplement (and the underlying Regular Teachers Contract upon which it is based), then in that event, this Supplement (and Regular Teachers Contract upon which it is based) shall be automatically extended for an additional one (1) year term ending July 31, Nothing

2 Page 2 of 8 contained herein shall impair the right of the Board to terminate this Supplement (and Regular Teachers Contract upon which it is based) for cause pursuant to the terms, conditions and procedures set forth at IC and/or IC et seq., as applicable and from time to time amended. 2. Duties of Superintendent - The Superintendent, in consideration of his employment and the salary and other sums and benefits to be provided to him by the Board, hereby accepts said employment on the terms and conditions herein contained and promises and agrees as follows: a. He will act, on a full time basis, as the Chief Executive Officer of Richmond Community Schools. In this capacity, it is expected that he will delegate responsibilities to others and hold them accountable for achieving desired results. b. He will assume and perform the usual and customary duties as Superintendent for Richmond Community Schools in accordance with the applicable Board policies, regulations and proper Board directives. Such duties shall include, but not be limited to: Making progress toward attaining the Board vision for the school corporation Promoting improvement in student academic results Promoting enrollment growth Engaging in effective resource management Promoting community engagement / partnerships with the school corporation Marketing the school corporation Promoting an appropriate, positive and nurturing school climate c. He will faithfully perform all duties imposed upon the Superintendent applicable to the school corporation by the laws of the State of Indiana, the rules and regulations promulgated by the Board, by a Commission or other agency of the State of Indiana, and all other proper directives of the Board.

3 Page 3 of 8 3. Compensation, Method of Payment, and Basis of Incentive Compensation - During each of the two contractual years, Superintendent will be paid according to the following salary schedule: Contract Year No. of Contract Days Contractual Salary 08/01/12 through 07/31/ $120, /01/13 through 07/31/ $120, Except as otherwise noted, the above stated salary shall be paid in periodic equal installments pursuant to the regular payroll schedule of Richmond Community Schools. The Board shall, on at least an annual basis at such times as shall be reasonably agreed upon by Board and Superintendent, review the performance of Superintendent in accordance with Board Policy 1240 (Evaluation of the Superintendent) and may, from time to time, increase the salary and compensation paid Superintendent hereunder. The parties acknowledge their mutual understanding that this agreement is a performance-based contract and therefore any increase in compensation paid to Superintendent will be linked to the annual operating results of Richmond Community Schools as set forth in Board Policy 1240 (Evaluation of the Superintendent) and Board Policy (District Evaluation). It is agreed that the following will not be construed or interpreted as the Superintendent s failure to have attained the desired results: Actions (omission or commission) of a Corporation employee in opposition or contrary to policy or guideline; Isolated and unexpected deviant behavior of students beyond the control of parents, staff, or the administration;

4 Page 4 of 8 Inherent deterrents and impediments to academic improvement presented by mobility beyond the control of the staff and administration; and/or Action taken by the Indiana State Legislature, the Indiana State Board of Education, and/or the Indiana Department of Education to raise the standards or basic composition of the ISTEP+ that may lead to initially lower student performance. Any such subsequent increase in the stated compensation payable to Superintendent hereunder shall not be construed to create a new contract that would be subject to the minimum term requirement of thirty-six (36) months as set forth by IC (2), unless said adjustment shall expressly set forth such an extension of the contract term. The Board agrees to conduct an interactive and professional standards-based evaluation of the Superintendent by approximately July 15 of each calendar year during the term of this Supplement. The Board and Superintendent shall mutually develop the instrument, methodology and standards to be used in that evaluative process. 4. RCS Contribution to Tax Deferred Plan / Tax Sheltered Annuity In addition to the above stated salary, RCS shall contribute a sum equal to four percent (4.0%) of the Superintendent s Contractual Salary to a tax deferred retirement or tax sheltered annuity plan as selected by the Superintendent, or in the sum of the maximum amount that would be permitted under the discrimination testing regulations of the Internal Revenue Code related to such benefit payments to highly compensated employees, whichever sum is the lesser. Such contribution shall be made by the Board by the first day of August after the completion of each year of service hereunder and shall be based upon the Superintendent s Contractual Salary that prevailed as of the thirty-first (31 st ) day of July immediately preceding the Board contribution. Should the Superintendent s Contractual Salary be retroactively increased at a point in time subsequent to the August 01 contribution date, the Board shall timely make its contribution and when the

5 Page 5 of 8 Superintendent s Contractual Salary shall have been subsequently increased, the Board shall make any additionally due contribution within thirty (30) days of the retroactive adjustment to Superintendent s Contractual Salary. 5. Vacation and Other Benefits - The Superintendent shall be entitled to all of the applicable benefits, including fringe benefits, customarily provided by Richmond Community Schools to other 260-day administrative employees as, from time to time, supplemented by subsequent Board policies or pronouncements. A copy of the current schedule of benefits is attached hereto as Exhibit A. Such benefits include, but are not limited to, the following: a. Vacation Time/Holiday Benefits - Superintendent shall be provided with twentyfive (25) paid vacation days per contract year, plus such paid holidays as are approved and established, from time to time, by the Board. For purposes of this sub-paragraph a, a contract year commences on August 01 of a given year and ends July 31 of the next calendar year. Partial year benefits, if applicable, shall be pro-rated on a monthly basis. b. Health Insurance Package - The Board will provide Superintendent the usual and customary family health, accident, hospitalization, vision and dental insurance coverage as that which is afforded all certificated administrative employees of the Board in accordance with the terms, benefit levels and conditions contained in the insurance plan provided by and through the Board. c. Life Insurance Benefits - The Board shall provide to the Superintendent, during the term of this agreement, term life insurance insuring the life of the Superintendent in an amount not less than two times his annual stated Contractual Salary, provided that said Superintendent is so insurable, as determined by the insurance carrier reasonably selected by the Board and the Superintendent to underwrite such term life insurance.

6 Page 6 of 8 d. Miscellaneous Leaves - The Superintendent shall be provided the usual and customary personal leave, family illness leave, bereavement leave and/or professional development leave as is customarily provided administrative certificated employees of Richmond Community Schools, subject to the reasonable application to and approval of the Board. Board agrees that such professional leave benefits shall include release time, if necessary, and payment of all reasonably incurred travel, meals, lodging and registration expenses to permit Superintendent to attend at least two national educational conferences of Superintendent s choosing per contract year. e. Expense Reimbursement - Board shall pay or reimburse the Superintendent for expenses incurred in the performance of his duties under this contract. Such out of pocket expenses shall be submitted on the itemized claim form approved by the Indiana State Board of Accounts and paid in the usual course of business after approval on the monthly accounts payable register. f. Automobile Allowance - Board shall provide to the Superintendent an automobile allowance in the sum of six hundred dollars ($600.00) per month. Said allowance is intended to compensate Superintendent for the automotive-related costs incurred in the performance of his duties. Superintendent shall not be required to keep a mileage log or other record of actually traveled miles or actually incurred automotive expenses. Superintendent acknowledges that he shall be solely responsible for all federal, state and local taxes payable as a consequence of said allowance. g. Reimbursement of Professional Membership Fees - Board agrees to reimburse the Superintendent for his dues expenditures incurred for regular membership in the Indiana Association of Public School Superintendents and such other professional organizations as shall be approved by Board prior to membership or membership renewal therein.

7 Page 7 of 8 h. Physical Examination - The Superintendent is encouraged to secure an annual physical examination. The cost of said examination shall be paid by Richmond Community Schools. 6. Professional Liability and Indemnity - Consistent with the provisions of IC (17), the Board agrees that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against the Superintendent in either his official or individual capacity, provided that the Board determines by resolution that said incident or claim arose while the Superintendent was acting within the scope of his employment and was taken in good faith. The Board s obligations hereunder shall not extend to instances wherein such liability, costs or damages are predicated upon claims arising out of bad faith actions taken by the Superintendent or is a claim or judgment based upon the Superintendent s criminal malfeasance in office or employment. 7. Full Time and Attention. - Superintendent shall devote his full time, attention and energy to the performance of his duties hereunder. With the prior approval of the Board, he may serve as an adjunct university professor, provide professional training, and engage in other such professional activities. With prior Board approval of such activities, the Superintendent may use vacation leave or personal business days to perform such outside activities. Any fees, stipends or honoraria or publication rights and royalties arising from such activities shall be the property of the Superintendent. In no case will the Board be responsible for the payment of any expenses attendant to the Superintendent s performance of such outside activities. 8. Interpretation of Contract - This Supplement replaces an earlier Supplement that was executed by the parties and effective as of August 01, This Supplement shall be construed to be supplemental to and an addendum of those Regular Teacher s Contracts to which this agreement shall be affixed. Those Regular Contracts were executed between the parties as

8 Page 8 of 8 required by applicable provisions of the Indiana Teachers Contract Law, dated August 1, 2012 and August 1, Saving Clause - If, during the term of this contract it is found that a specific clause of the contract is illegal or otherwise unenforceable by a state or federal tribunal, then the remainder of this contract shall not be affected by such a ruling and shall be given the full force and effect to which it would otherwise be entitled. IN WITNESS WHEREOF, the parties have herein below set their signatures on the month and day first set forth above. Dr. Allen B. Bourff Superintendent RICHMOND COMMUNITY SCHOOLS By its Board of School Trustees By President Vice President Secretary Member Member Member Member End of Supplement to Regular Teacher s Contract consisting of eight (8) pages dated July 25, This Instrument Prepared By: Ronald L. Cross Indiana Attorney # Boston Bever Klinge Cross & Chidester 27 North 8 th Street Richmond, IN (765)