hpprovdol i 2.920 EMPLOYMENT AGREEMENT 1. PARTIES. The Parties to this Agreement are EAGLE COUNTY SCHOOL DISTRICT RE- 50J (District) and JASON GLASS (Superintendent). 2. AND PURPOSE. The District desires to employ Dr. Glass as the District?s Superintendent, and he desires to accept such employment. The purpose of this Agreement is to set forth the terms and conditions of the Superintendent? employment by the District. TERM. The term of this Agreement shall be from July 1, 2013 through June 30, 2016. Pursuant to Section 20 of Article of the Colorado Constitution, a portion of the District?s current undesignated reserves shall ice-designated by the Board of Education as the source of revenue to adequately fund the financial commitments arising under the this Agreement through fiscal year 2013?14. Such designation, once made by resolution, shall remain irrevocable by the Board. Thereafter, the Board shall annually designate a portion of its reserves to meet the financial obligations set 'forth in paragraph 19.4. 4. AUTOMATIC RENEWAL OF AGREEMENT. if the Board does not notify the Superintendent in writing on or before June 2016, that this Agreement will not be renewed as of the then operable termination date of June 30, 2016, it shall be deemed that the Board has renewed this Agreement for one year by extending the termination date by one year. The Superintendent shall, by placement of the topic on the Board agenda, notify the Board of the existence of this automatic renewal provision. Such notice shall be provided at least 60 days but not more than 120 days prior to the Board meeting where renewal or nonrenewal is to be considered. Failure to provide the required notice shall invalidate this automatic renewal clause. 5. DUTIES. The Superintendent shall be the chief administrative officer of the District and shall administer the affairs and the programs of the District as provided by law and the policies adopted from time to time by the District's Board of Education (Board). The Superintendent shall devote his full-time and best efforts to the performance of his-duties as set forth in his job description as it is established from time to time by the Board. This Agreement is intended by the parties to be a full-time position and the Superintendent shall devote his attention to the functions of the position at all times during normal working days. It is not contemplated that the Superintendent will ordinarily perform services on weekends or legal holidays. However, it is intended that the Superintendent shall be available on such days to meet the responsibilities of the position on such occasions as is necessary or appropriate. The Superintendent agrees to advise the President of the Board of his whereabouts prior to, and during, any extended absence from the District. in the event that the Board imposes a furlough or furioughs from work for all classifications of empioyees, the parties expressly agree that Superintendent may also be subject to such furloughs. 6. AUTHORITY. Subject to the Board's approval, the Superintendent shall have the freedom to organize, reorganize, and arrange the administrative and supervisory staff, including instruction and business affairs, in: a manner in hisJudgment best serves the District. The responsibility for selectIon placement, and transfer of all instructional and administrative personnel, shall be vested in the Superintendent. 7. OTHER ALTERNATIVE EMPLOYMENT. During the term of this Agreement, Superintendent shall not be employed by any other entity or person, or be self-employed, except as permitted under Section 20 of this Agreement. Prior to the last six months of the term set forth in Paragraph 3, Employee shall not seek any alternative employment without first notifying the Board in advance of his intention to do so. Any violation of this paragraph shall result in Superintendent?s forfeiture of the payment for accrued paid leave upon termination of employment and shall constitute a breach of this Agreement for which the Board may terminate this Agreement. 8. SALARY. As compensation for his services, the District shall pay the Superintendent a base salary at the rate of $175,000.00 per year payable In 12 equal installments on the 20 day of each month beginning on July 1, 2013 with applicable federal and state withholdings being made from the gross amount of such installment. The base salary is subject to reduction if teacher's salaries are reduced and such reduction will be in the same percentage of salary reduction as other District employees? reduction. if annual salary increases are provided to teachers, the Superintendent shall be entitled to the same range of increase of his base annual salary. In addition, he shall be entitled to the same range of percentages for performance- based payments as may be established by Board policy for other licensed District personnel and based on his performance plus any additional amounts in cost of living adjustments provided to all regular employees (in the event that any such cost of living adjustments are granted in the future by Board policy or action). The Board and the Superintendent shall develop and mutually agree on performance criteria by August 31 of 2013. The Board shall use the performance criteria to establish the annual bonus during the evaluation process described in paragraphs 16 and 17 and any annual base salary increases shall be effective as of July 1 preceding the school year for which the new teachers? salary schedule shall be in effect, and the performance bonus shall be paid no later than November 20, of 2014 and by November 20 of each year thereafter. 9. MEDICAL AND DENTAL INSURANCE. The District shall furnish the Superintendent the same medical and dental insurance under the District's plan as such benefits are provided to other employees. 10. VACATION AND PAID LEAVE. The Superintendent shall receive 20 working days of paid vacation during each employment year, in addition to the days on which the District's administrative offices are closed. In addition, the Superintendent shall receive 14.5 days of paid leave annually, and sick leave bank privileges, as more fully described in the District policies for licensed employees of the District. In the event of the termination of employment by expiration of this Agreement or otherwise, the Superintendent shall be entitled to compensation for unused paid vacation days and unused paid leave days accumulated in accordance with District policies for District administrators at the per diem rate in effect during the employment year in which such termination occurs, up to a maximum aggregate total of 45 days of accumulated accrued but unused leave. 11. OTHER BENEFITS. Except as otherwise specifically provided in this Agreement, the Superintendent shall receive the same fringe benefits as are accorded to the other administrative employees of the District from time to time. Any benefit, right, or obligation not specifically set forth in this Agreement shall be governed by the policies of the Board relating to administrative personnel at the director or assistant superintendent level. 12. MILEAGE REIMBURSEMENT. Because utilization of District vehicles is less expensive to the District, the Superintendent shall have the choice of any vehicle in the District fleet to conduct District business. In the event the Superintendent uses his own personal vehicle for any District business, he may claim mileage reimbursement using regular District procedures. 13. RELOCATION EXPENSES. In connection with the necessary relocation of the Superintendent and the Superintendent's family from Des Moines, Iowa to Eagle, Colorado, the District shall reimburse the Superintendent for actual expenses incurred in this relocation. Such expenses shall include, but are not limited to, professidnal services for packing and relocation of furniture and personal items, costs related to breaking lease agreement in Des Moines, and any travel and lodging costs associated with relocation. The total moving reimbursement will be paid to the Superintendent on submission of receipts and documentation for actual expenses, not to exceed $10,000 and no later than July 31, 2013. The Superintendent shall obtain at least two written estimates from moving companies and such written estimates shall be submitted to the District. 14. PROFESSIONAL MEETINGS, DUES AND DEVELOPMENT. The Superintendent shall have the opportunity to participate, consistent with his duties under this Agreement, in the following: 15. 16. 14.1 Meetings, operations, programs, and other activities conducted or sponsored by local, state, and national school administrator and school board associations. 14.2 Seminars and courses offered by public or private educational institutions. 14.3 informational meetings with other persons whose particular skills or backgrounds would serve to improve the capacity of the Superintendent to perform his professional responsibilities for the District. 14.4 Membership dues and participation in the affairs of civic and professional organizations. 14.5 The District will reimburse the Superintendent for his expenditures for professionai books and learning materials for his use which shalt be his personal property. 14.6 in its encouragement of the foregoing activities, the District shall permit a reasonable amount of release time for the Superintendent as the Parties, from time to time, deem appropriate to attend suoh matters. In addition, the District agrees to pay for all of such activities or to reimburse the Superintendent for all of such activities in an amount not to exceed $5,000 during each employment year for the activities and expenditures described in subparagraphs 14.1 through 14.5 above. Costs related to these activities in excess of $5,000 are subject to prior Board approval. Such amount shall be reviewed annually by the parties and may be changed with the mutual consent of both parties. The provisions of this paragraph shall not be applicable to expenses incurred by the Superintendent under paragraph 14.4 for dues for organizations within the District, which expenses shall be provided for in the District's budget in an amount not to exceed $200.00 per month. BOARD-SUPERINTENDENT RELATIONSHIP. 15.1 The Board shall refer all criticisms, complaints, and suggestions that may be called to its attention by third parties to the Superintendent for study and recommendation unless the Board determines that the welfare of the District, its students or its staff requires action inconsistent with this provision. 15.2 The Superintendent shalt have the obligation, unless excused, to attend all Board meetings and executive sessions (except as otherwise provided below), to attend all District-created citizen committee meetings, to serve as an ex officio member of all board committees, and to provide administrative recommendations on each item of business considered by each of these groups. 15.3 The Board shall have the option to meet without the Superintendent present to discuss matters relating to the Superintendent's status or evaluation. It shall inform him of the nature of the discussion, and he shall be given an opportunity to respond to any criticism received or discussed in these sessions in an executive session with the Board. EVALUATION. 16.1 Throughout each school year, the Board shall provide the Superintendent with periodic opportunities to discuss the Sn perintendent?Board relationships. 16.2 In addition, the parties agree to hold an executive session not later than August 31, 2013 and each year thereafter on approximately the same date during the term of this Agreement for the purpose of having the parties mutually discuss, and the Board establish, specific personal goals and job targets for the Superintendent to achieve. 16.3 On or before October 31, 2014 and on or before each October 31 thereafter during the term of this Agreement, or at such other time as the parties may expressly agree, the Board and Superintendent shall meet in executive session for the purposes of mutual evaluation of the performance of the Superintendent, and for expressing recommendations and observations on how such performance may be continually improved. The time and date of the meeting shall be agreed to by the parties sufficiently in advance of the meeting to permit adequate preparation and input from the Administrative Team for a constructive exchange of views. 16.4 The Parties acknowledge that, pursuant to ?22-9-109, C.R.S., that portion of the Superintendent?s evaluation report as it relates directly to the his performance in fulfilling the adopted District objectives, fiscal management of the District, District planning responsibilities, and his supervision/evaluation of District personnel shall be open for public Inspection. 17. PERFORMANCE BASED SALARY PAYMENT. The Board and the Superintendent mutually endorse the concept of. incentives in relation to compensation and the concept of tying performance to compensation. Superintendent shall be entitled to the same percentage of performance based bonus payments as is established by Board policy for other District personnel. The Board and the Superintendent shall develop and mutually agree on performance criteria to determine this performance based salary payment by August 31 of 2013 and on or before each August 31 thereafter. The Board shall use the performance criteria to determine the performance based salary payment during the evaluation process described in paragraph 16 and any such payment shall be made no later than November 20, of 2014 and by November 20 of each year thereafter. 18. LICENSUR E. Within one year from date of this Agreement, the Superintendent shall apply for. obtain, and hold a valid administrator license or authorization issued by the State of Colorado, and that during the entire time the Superintendent performs services pursuant to this Agreement, the Superintendent shall hold such administrator license/authorization issued in the manner prescribed by law, and upon failure of the Superintendent to meet any of these requirements, this Agreement, without further action by either the Board or the Superintendent, is automatically terminated. 19. TERMINATION. 19.1 Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 19.2 Disabilitv of Superintendent. Should the Superintendent be unable to perform any or all of his duties by reason of illness, accident, or other causes beyond his control and such disability exists for a period of more than three months, the District may, in the discretion of the Board, make a proportionate deduction from the Superintendent?s salary, and if such disability continues for more than three months or is permanent or of such nature as, in the judgment of the Board, to make the performance of his duties impossible, the District may, in the discretion of the Board, terminate this Agreement. Nothing in this Agreement shall be deemed to alter or in any way affect the rights which the Superintendent may have to receive disability payments under any disability insurance policy in force at the time a disability occurs, however, that is the intention of the parties that the benefits payable to the Superintendent under the provisions of this paragraph and the benefits payable to the Superintendent under the disability insurance policy shall be coordinated and that, in no event, shall the Superintendent receive more than two thirds of his salary in the form of disability payments. 19.3 Termination for Cause Throughout the term of this Agreement, the Superintendent shall be subject to termination for good and just cause, which includes, but is not limited to, a material breach of this Agreement. The Board shall not arbitrarily and capriciously call for the termination of the Superintendent's employment. In the event the Board believes that it has caUse for dismissal as defined herein, it shall give the Superintendent advance written notice of the charges, a summary of the evidence and copies of any documents in support of the charges, reasonable advance notice of a hearing, and a hearing that satisfies the requirements of due process before the Board or, at either party?s option, before an independent fact?flnder selected in a similar manner as provided for in ?22~ C.R.S. The Superintendent shall be responsible for his legal and other expenses which he may incur in this process. In the event of a dismissal for cause hereunder, Superintendent shall not be entitled to any severance pay, salary, or benefits (except for payment for accrued but unused vacation/sick leave) beyond the effective date of his termination of employment, and the District shall be relieved from further obligations under this Agreement. 19.4 Unilateral Termination bv District Without Cause. The Board may unilaterally terminate this Agreement before the expiration of the term specified in paragraph 3 (or any Board approved extensions thereof) without the necessity of showing any cause, upon payment of a severance payment in the amount equal to 75% of the base annual salary set forth in paragraph 8 and the cash value of any accrued leaves that Superintendent has remaining in his leave accounts (up to a maximum of 45 days and as of the effective date of the termination) and which may be payable upon termination of employment under this Agreement or District policies. 19.5 Death of the Superintendent. This Agreement shall automatically terminate upon the death of the Superintendent. 19.6 Unilateral Termination bv Superintendent. The Superintendent may unilaterally terminate this Agreement only upon thirty (30) days prior written notice to the Board, during which period the Superintendent shall continue to perform his obligations to the District unless otherwise excused by the Board. In the event the Superintendent fails to provide the required notice and perform his duties during the notice period, he shall be obligated to pay liquidated damages to the District in the manner provided in C.R.S., which the parties agree shall be a part of this Agreement. 19.7 Termination Pursuant to Paragraph 7. In the event that Superintendent fails to give timely notice as required by Paragraph 7 of his intent to seek alternative employment, the Board, at its sole discretion, may unilaterally terminate this Agreement without incurring any liability, damage or responsibility for the payment of any buyout or severance payments. 20. RETURN OF DISTRICT PROPERTY. Upon the effective date of the termination of his employment by the District, for whatever reason, the Superintendent agrees to return to the District all District property including but not limited to, files, computer disks, laptop computer, keys, documents, records, notebooks, and similar repositories of information, cell phones, and personal files, if any, maintained by the Superintendent which contain copies and/or originals of documents which, in any manner, pertain to District personnel, business, matters, or affairs, in the possession of the Superintendent, whether prepared by him or by others. Unless otherwise agreed upon In writing, all intellectual property created by the Superintendent in his capacity as an employee of the District shall be owned by the District. Intellectual property, regardless of whether such property is protected by patents, copyrights, trademarks, trade secrets or otherwise includes, but is not limited to inventions, discoveries, trade secrets, trade and service marks, writings, software, literary works, programs, and spreadsheets. The Superintendent shall timely provide written instructions regarding the use of such intellectual property in a manner so that other District employees can easily and effectively utilize such intellectual property. 21. CONSULTATION. The Superintendent shall, devote his full time, skill, labor, and attention to the performance of the duties of the Superintendent during the term of this Agreement; provided, however, that (1) the Superintendent may undertake speaking engagements, writing, lecturing, or other professional duties and obligations for which the only remuneration is reimbursement of expenses and (2) this other work shall not interfere in a material or substantial manner with the obligations as set forth in this Agreement. The Superintendent may undertake speaking engagements, writing, lecturing, or other consultation for which there is remuneration in excess of reimbursement expenses only if vacation or other leave without pay is taken to fulfill such obilgations. The Superintendent shall regularly update the Board as to any of these activities. 22. HOLD HARMLESS. 22.1 To the extent permitted by law, and not covered by District insurance policies, the District agrees that it shall defend, hold harmless, and indemnify the Superintendent from any and all demands, claims, causes for actions, suits, actions, and legal proceedings brought by a third party against the Superintendent in his individual capacity or in his official capacity as an agent and employee of the District; provided, however, that the incident giving rise to such demands or claims occurred while the Superintendent was acting in a reasonable manner and within the scope of his employment. 22.2 The Superintendent agrees to cooperate fully with the District and its counsel in defending any such matters during the time of his employment by the District and thereafter. 22.3 The foregoing provisions shall include but not be limited to any judgments, awards, settlements, reasonable attorneys fees and costs and expenses incurred by the Superintendent in connection with the defense of any actual or threatened action, proceeding or claim. The foregoing provisions shall not apply to the defense of any criminal proceeding against the Superintendent. 23. ASSIGNMENT. This Agreement shall not be assigned or delegated to any other party. 24. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the US. Mail. 25. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 26. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 27. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an Instrument in writing signed by the parties. 28. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days . after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefore. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Eagle County. 29. GOVERNING LAW. This Agreement shall be subject to and governed by all applicable laws of the State of Colorado and by all duly adopted policies, rules, and regulations of the Board now in effect or hereafter adopted by the Board. 30. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing contained in this paragraph shall be construed to permit the assignment of this Agreement. DATED: (L, Sr. 6 2013 4. JAsmeLAss EAGLE COUNTY SCHOOL DISTRICT RE-SOJ B, nne McQueeney sident 8 Chambers Aven .0. Box 740 Eagle, CO 81631 970-328-6321 970-328-1024 (fax) Secretary/V VI FIRST AMENDMENT TO EMPLOYMENT AGREEMENT 1. PARTIES. The parties to this First Amendment to Employment Agreement (?Amendment?) are EAGLE COUNTY SCHOOL DISTRICT (?District?), and JASON GLASS (?Superintendent?). 2. RECITALS AND PURPOSE. In 2013, the District and the Superintendent entered into a written EMPLOYMENT AGREEMENT (?Agreement?) regarding the terms and conditions under which Superintendent is employed as the District's Superintendent of Schools. The parties now wish to amend the Agreement to provide, among other amendments, the extension of the Term. The parties desire to reduce such amendments and modifications to writing as required by Paragraph 27 of the Agreement. Accordingly, in consideration of the mutual covenants stated in the Agreement and this Amendment, the parties hereby stipulate and agree to the following. 3. TERM. Paragraph 3 of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by strikeeut. Any provision of such Paragraph 3 that is not so amended herein remains in full force and effect: The term of this Agreement shall be from July 1, 29?13 .2015 through June 30, 2916 2020. Pursuant to Section 20 of Article of the Colorado Constitution, a portion of the District?s current undesignated reserves shall be designated by the Board of Education as the source of revenue to adequately fund the financial commitments arising under the this Agreement through fiscal year 2018-14 2015-2016. Such designation, once made by resolution, shall remain irrevocable by the Board. Thereafter, the Board shall annually designate a portion of its reservesto meet the financial obligations set forth in paragraph 19.4. 4. AUTOMATIC RENEWAL OF AGREEMENT. Paragraph 4 RENEWAL OF of the Agreement, is amended as follows, with new language shown by o_dub e underlines and deletions shown by strikeeut. Any provision of such Paragraph 4 that is not so amended herein remains in full force and effect: If the Board does not notify the Superintendent In writing on or before =lune?2016Januggy 1, 29.20, that this Agreement will not be renewed as of the then operable termination date of June 30, 294:6 2020, it shall be deemed that the Board has renewed this Agreement for one year by extending the termination date by one year. The Superintendent shall, by placement of the topic on the Board agenda, notify the Board of the existence of this automatic renewal provision. Such notice shall be provided at least 60 days but not more than 120 days prior to the Board meeting where renewal or nonrenewal is to be considered. Failure to provide the required notice shall invalidate this automatic renewal clause. 5. OTHER EMPLOYMENT, ALTERNATIVE EMPLOYMENT. Paragraph 7 EMPLOYMENT, ALTERNATIVE of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by strikeout. Any provision of such Paragraph 7 that' Is not so amended herein remains in full force and effect: During the term of this Agreement, Superintendent shall not be employed by any other entity or person, or be self-employed, except as permitted under Section 20 2:1 of this Agreement. Prior to the last star e=igh4 months of the term set forth in Paragraph 3, Empleyee Superintendent shall not seek any alternative employment without first notifying the Board in advance of his intention to do so. This notification shall be required onlv when the Superintendent submits a written application for the alternative employment. Any violation of this paragraph shall result in Superintendent?s forfeiture of the payment for accrued paid leave upon termination of employment and shall constitute a breach of this Agreement for which the Board may terminate this Agreement. 6. SALARY. Paragraph 8 of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by strikeeut. Any provision of such Paragraph 8 that is not so amended herein remains in full force and effect: As com i for his services ric hall a he Su nd a base sala able in 26 kl ins allmen be in ul 1 2O licable federal a wi hholdin made ross amount of installment. The la is sub'ec a 0 ion if eachers? salari reduced and educ ion will be in the avera ercenta educ ion as eachers Effective on Julv 1 of each vear of this agreement beginning in 2016. if there is no district- wide reduction in teacher salaries, the Superintendent?s salag shall be increased anngally based on his performance as determined bv the Board bv an amount between 0-4% of the base salarv for that vear. The determination of these increases shall be based on the Boar a ion of the Su er' den usin the av em establishe paragraph 1g, 7. MEDICAL AND DENTAL INSURANCE. Paragraph 9 AND DENTAL of the Agreement, is amended as follows, with new language shown double u?nderlines and deletions shown by strikeeat. Any provision of such Paragraph 9 that is not so amended herein remains in full force and effect: The District shall furnish, at its the Superintendent aggh is immediate family with the?same medical and dental insurance under the District's plan?as?sush?benef?its?a-re previded?te?ethesempleyees. 8. MILEAGE REIMBURSEMENT. Paragraph 12 of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by strikeeut. Any provision of such Paragraph 12 that is not so amended herein remains in full force and effect: Because utilization of District vehicles is less expensive to the District, the Superintendent shall have the choice of any vehicle in the District fleet to conduct District business, as well as incidental personal use. In the event the Superintendent uses his own personal vehicle for any District business, he may claim mileage reimbursement using regular District procedures. 9. PERA REIMBURSEMENT. The current Paragraph 13 shall be deleted in its entirety and shall be replaced with a new Paragraph 13 as follows: REIMBURSEM .Th Dis rict shal ur he Su erin he amoun to the Superintendent?s personal contribution to the State Retirement Program. Public Em lo ees Re ire Association PE uch reimburseme hall be made 0 on hl basis. This reimbursement is not part of salarv pursuant to 8 24?51?101l42). C.R.S. and_is not PERA?includable. 10. PERFORMANCE BASED SALARY PAYMENT. Paragraph 1? BASED SALARY of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by strikeeut. Any provision of such Paragraph 17 that is not so amended herein remains in full force and effect: e: -- ?2".Duringthemonth of November for each year of this contract. a performance based bonus shall be paid to the Su erin ende is be ween 04% he base sa a for ear The determ' i of his erformance onus shal be ecific me reab erformance ria erformance criteri be develo ed a a a reed Board and the Su erin 11. LICENSURE. Paragraph 18 of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by stFI-keeut. Any provision of such Paragraph 18 that is not so amended herein remains in full force and effect: Superintendent shall hold a valid administrator license or authorization issued by the State of Colorado, and that during the entire time the Superintendent performs services pursuant to this Agreement, the Superintendent shall hold such administrator license/authorization issued in the manner prescribed by law, and upon failure of the Superintendent to meet any of these requirements, this Agreement, without further action by either the Board or the Superintendent, is automatically terminated. 12. CONSULTATION. Paragraph 21 of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by strikeeut. Any provision of such Paragraph 21 that is not so amended herein remains in full force and effect: 13. The Superintendent shall devote his full time, skill, labor, and attention to the performance of the duties of the Superintendent during the term of this Agreement; provided, however, that (1) the Superintendent may undertake speaking engagements, writing, lecturing, or other professional duties and obligations for which the only remuneration is reimbursement of expenses and (2) this other work shall not interfere in a material or substantial manner with the obligations as set forth in this Agreement. The Superintendent may undertake speaking engagements, writing, lecturing, or other consultation for which there is remuneration in excess of reimbursement expenses only if vacation or other leave without pay is taken to fulfill such obligations. The Superintendent shall regularly?sedate provide Egg; notice to the Board as to any of these activities. FEES. The District shall reimburse the Superintendent up to a maximum of two thousand dollars ($2,000) to reimbursement him for attorney's fees expended in the negotiations of this First Amendment. This is a one-time payment and is not PERA?includable compensation. 14. All other provisions of the Agreement that are not amended or modified herein remain in full force and effect, and are hereby ratified and affirmed by the parties. 15. DATED: May 0.676? Date EAGLE COUNTY SCHOOL DISTRICT President, Board of Education Date ATT EST: By: M5 Secretary, Board of Education Date Attachment 06?01-8* SECOND AMENDMENT TO EMPLOYMENT AGREEMENT 1. PARTIES. The parties to this Second Amendment to Employment Agreement (?Second Amendment?) are EAGLE COUNTY SCHOOL DISTRICT RE-50J (?District?), and JASON GLASS (?Superintendent?). 2. RECITALS AND PURPOSE. In 2013, the District and the Superintendent entered into a written EMPLOYMENT AGREEMENT ("Agreement?) regarding the terms and conditions under which Superintendent is employed as the District?s Superintendent of Schools. The parties subsequently amended the Agreement by a FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (?First Amendment?). The parties now wish to further amend the Agreement to provide for the potential deferral of 2016 salary increases due the Superintendent and to clarify the Superintendent?s salary in the event teacher salaries are frozen in the future. The parties desire to reduce such amendments and modifications to writing as required by Paragraph 27 of the Agreement. Accordingly, in consideration of the mutual covenants stated in the Agreement and this Second Amendment, the parties hereby covenant and agree to the following. 3. SALARY. Paragraph 8 of the Agreement, is amended as follows, with new language shown by double underlines and deletions shown by strikeeut. Any provision of such Paragraph 8 that is not so amended herein remains in full force and effect: As compensation for his services, the District shall pay the Superintendent a base salary at the rate of $195,500 per year, payable in 26 bi-weekly installments beginning on July 1, 2015 with applicable federal and state withholdings made from the gross amount of such installment. The base salary is subject to a reduction if teachers? salaries are reduced and such reduction will be in the same average percentage salary reduction as teachers. Effective on July 1 of each year of this agreement beginning in 2016, if there is no district- wide reduction in teacher salaries, the Superintendent?s salary shall be increased annually based on his performance as determined by the Board by an amount between 0-4% of the base salary for that year. The determination of these increases shall be based on the Board' 3 evaluation of the Superintendent using the evaluation system established in paragraph 16. Effe tve Jul teachers? salaries are also frozen. was entitled to a three and one~ha f ercent 3. 5% increase in base sala be innin Jul 1 2016 based on his 2015- 2016 performance evaluation. However, if the District freezes teachers' salaries for Fiscal Year 2017, beginning July 1, 2016, the District shall defer payment of any increase in base salaty due to the Superintendent in Fiscal Year 2017. If the District's financial conditions chan in Fis al 2017 att District is able to increase salaries for teachers and other employpps District~wide, then the Superintendent ll nil iv hi 2 1 rred base incr hi rf rm nce evalu tio . Such com ensatio 5 ll be rovid in on ium su a ment all accumulated deferred compensation within thiQt 1301 days of the Board?s approval of _eacher and em__l_0 in_cr_eases. If the salaries of teachers and ees remain frozen throughout Fiscal Year 2017. then the Superintendent will forever forego his 2016 deferred base increase and any future compensation increases associated with the 2015 2 1 rf rm i n. 4. RATIFICATION. All other provisions of the Agreement that are not amended or modified herein remain in full force and effect, and are hereby ratified and affirmed by the parties. 5. DATED. I I. El ,2016 By: Q?im glib 6% Superintendent Date EAGLE COUNTY SCHOOL DISIRICT Presi?ent, Board of Education Date ATTEST: ay-Cf/ W24 ?Secretadr Board of Eduia/t?w Date