CONTRACT OF EMPLOYMENT FOR THE SUPERINTENDENT OF THE OMAHA PUBLIC SCHOOLS This Contract ("Contract") is made and entered into effective as of 33 2013, by and between the BOARD OF EDUCATION of OMAHA PUBLIC SCHOOLS, legally known as DOUGLAS COUNTY SCHOOL DISTRICT 0001, a Nebraska political subdivision (hereinafter "Distric,t",. respectively) and MARK EVANS [address] (hereinafter the ''Superintendent''). WHEREAS, the Board approved the employment of Superintendent by a motion adopted at the meeting of the Board held on December 17, 2012, subject to the execution by the Board and the Superintendent of a satisfactory contract of employment; and WHEREAS. The parties hereto wish to enter into this Contract to set forth _the terms and conditions of such employment. I NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties hereto agree as follows: 1. I Emgloyment. The Board hereby agrees the Superintendent shall be an employee of the District, and the Superintendent accepts such employment upon the terms and conditions set forth in this Contract. 2. Employment Term. The Superintendent is hereby employed for a term of three (3) years, beginning on the 1st day of July, 2013 ("Commencement Date") and ending on the 30th day of June, 2016 ("Termination period of time from the Commencement Date to the Termination Date, or to the date of earlier cancellation or termination, is hereinafter referred to as the "Term"). The period of time from the 1st day, of July to the 30th day of June of each of the three (3) years of the Term shall hereinafter be referred to as a "Contract. Year". The Superintendent shall not be considered an - such June employee of the District until the Commencement Date. Should the Superintendent at any time after the Commencement Date give at least 180 days written notice to the President offithe Board that he intends' to retire or resign as of the immediately following June 30", such resignation or retirement shall not constitute a breach of this Contract, and this Contract shall be deemed cancelled and the Superintendent's employment ended as _of 03. During the Contract Term, the Superintendent shall perform the duties of the Superintendent of Schools for the District as prescribed by the laws of the State of Nebraska, the Policies of the District as may be amended from time to time and such other duties as may be assigned by the Board of Education from time to time. In performing the assigned duties, the Superintendent shall be governed by the policies, regulations and directions of the Board of Education of the District. The Superintendent agrees to devote his full time, skill, labor and attention to the performance of the duties of Superintendent during the Term of this Contract, provided however, that: (1) the Superintendent may, without prior Board approval, 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 Contract. The Superintendent shall attend and participate as directed by the Board in meetings of the Board and any Board committees. Regular attendance at meetings of the Board and committees of the Board and other assigned duties is an essential function of the Superintendent's position. 4. Ly. The Superintendent's base annual salary for the year July 1, 2013 to June 30, 2014, shall be $265,000. Said annual salary shall be paid in equal installments at the time and with the frequency established in accordance with the Policy 2 of the Board governing payment of administrative personnel of the District. The Board reserves the right to adjust the annual salary during the Term of this Contract, said salary adjustment, however, shall not reduce the annual salary to any lesser amount than that as above stated. Any adjustment in annual salary made during the Term of this Contract must be evidenced by a written amendment hereto. Such salary adjustment and Contract - amendment shall not be considered a new Contract nor an extension of th'ejCoZntract Term, unless such amendment expressly extends the Contract Term. In no event shall any extension to this Contract, together with the unexpired Term of this Contract or any prior extension, be fo-r a period in excess of three (3) years. 5. Tax-Sheltered Annuity. The District shall contribute into a tax sheltered annuity of the Superintendent's choice, as a non-elective' contribution by the Board, the lesser of fourteen percent of the Superintendent's annual salary or the maximum amount allowable under Section 403(b) of the Code and the applicable federal income tax regulations, as they currently exist. Such contribution shall be made in equal amounts beginning with the first month of service under this Contract, shall be in addition to the salary specified in this Contract (and not in lieu thereof) and shall continue during the term of this Contract unless modified by mutual "agreement of the parties. 6. Benefits. In further consideration for the services to be performed by the Superintendent, the Superintendent shall receive the following: I All benefits made available and provided to administrative personnel of the District, including all paid leave benefits, paid holidays," long-term disability insurance, health insurance, life insurance and retirement benefits; this Contract is subject to the provisions of Nebraska's Class School Employee's Retirement Act. Notwithstanding the foregoing, unless specifically provided herein to the contrary, the Superintendent's benefits specifically provided in this Contract shall not be duplicative of the benefits available to 3 administrative personnel of the District and when benefits are specifically provided in this Contract, such provisions shall supersede and replace the benefits available and provided tolvadministrative personnel of the District. The Superintendent shall be granted thirty (30) days of paid sick leave during the Contract Term which paid sick leave shall be available to him as of the first day of his employment and which shall be in addition a_ccorc@ce with then current District Policies, which currently are that the Superintendent shall accumulate paid sick leave at the rate of one sick leave day per month of employment, with the total annual allocation being made available for use at the beginning of each fiscal year, defined by District Policy as the 1st day of September. Payment of annual professional dues for NCSA, AASA, the: Omaha Chamber of Commerce and other professional local, state or national organizations appropriate and related to the duties of Superintendent as reasonably determined by the Superintendent. The Superintendent shall attend appropriate professional meetings at the local, state, and national levels at the expense of the District and shall be reimbursed for ordinary, reasonable and necessary expenses incurred relative to employment as provided in paragraph 6(h) hereof. At his option, the Superintendent may also annually attend a professional enhancement institute, academy or other program related to his position and duties for a total of up to five (5) working days, the reasonable expenses of said attendance to be reimbursed by the District.- The Superintendent shall accrue vacation at a rate of 2.083 days per month (the equivalent of 25 days annually). The Superintendent is expected to fully use his vacation time each Contract Year. The Superintendent may carry over unused vacation from one school year to the next. However, the Superintendent may only have a maximum vacation balance of five (5) days greater than his annual vacation eligibility. As such, once the Superintendent has reached a maximum of thirty (30) days of accrued vacation, the Superintendent shall cease to accrue additional vacation until such time as the number of accrued days falls below thirty (30) days. At the end of the first Contract Year, the Superintendent may exchange up to a maximum of twenty (20) accrued vacation ~W~days for cash at the end of the first Contract or before June 30, 2014. The per diem amount shall be determined by dividing the annual base salary of the Superintendent specified in paragraph 4 of this Contract by 261 days. After the first Contract Year, there shall be no further payment for accrued vacation days until separation from employment. Upon separation from employment with the District for whatever reason, the Superintendent will be paid for any accrued but unused vacation. A transportation expense allowance of $12,000>> per Contract Year, to be paid in advance on July 1 of each Contract Year. Such transportation expense allowance shall be considered income of the Superintendent and the Superintendent shall be responsible for reporting and paying applicable: taxes on said income. The District shall reimburse the Superintendent up to a maximum amount of Fifteen Thousand Dollars for reasonable and necessary moving costs and temporary living expenses incurred as the result of his relocation from the State of Kansas to Omaha, Ne_,bras_ka. The amount of the moving expenses shall be documented by providing to the Board President two independent quotes for such moving costs from two unrelated reputable moving companies, with the lower of the two quotes serving as the amount for moving cost reimbursement. Any temporary living expenses reimbursement requested shall be documented by providing to the Board President written receipts for rent and related temporary living expenses. The Superintendent shall be paid a consulting fee of $750 a day for up to five (5) consulting days in Omaha, Nebraska, with the staff and the District prior to his start on July 1. The scheduling of these consulting days will be at the mutual ;agreement of the Superintendent and the ugh__c_ur_r_e,nt. 'Superintendent Virginia Moon. At all times prior to his July start," including during any consulting days, the Superintendent shall be considered an independent contractor, not an employee of the District. The District shall reimburse the Superintendent for ordinary, reasonable and necessary expenses incurred by him in the performance of his duties as Superintendent and consistent with Board policies, regulations and guidelines applicable to other professional administrative staff. The Superintendent shall submit written receipts.and such other documentation of such expenses to the District in the same manner required of other administrative personnel of the District seeking reimbursement of expenses. Contract Cancellation. This Contract, including all of the terms hereof, may be cancelled by the Board at any time, for just cause, upon a majority vote of the lmembersgof the Board. "Just cause" shall mean one or more of the following events: 7' petency; Neglect of duty; Unprofessional conduct; nlnsubordination in not enforcing Board actions and/or policies; lmmorality; Physical or mental incapacity, which shall mean the inability to perform the essential functions of Superintendent of Schools by reason of mental or physical illness, accident or other cause beyond the Superintendent's control, which inability in fact continues for at least 180 consecutive or non- consecutive calendar days in any twelve-month period, or which inability is 'determined by two (2) physicians selected by the Board to be permanent; Other conduct which interferes substantially with the continued performance of duties; Any breach of the terms of this Contract by-thevSuperintendent;-or 8 9 Cancellation, termination, revocation, suspension, or expiration without renewal for any reason of any certification required' to act as Superintendent which leaves the Superintendent without the necessary certification to act as Superintendent. The Superintendent shall be notified in writing of the Board's intent to cancel this Contract and of the alleged grounds for cancellation. Within seven (7) calendar days of the receipt of such notice, the Superintendent may make a written request to the President of the Board for a hearing. Failure to so notify the Board shall constitute a waiver by the Superintendent of any right to such hearing. The procedures for cancellation and for any such hearing shall be those prescribed by statute for the cancellation of a contract of a certificated employee. If the Superintendent chooses to be represented by legal counsel at the hearing, the Superintendentshall bear any and all costs therein involved. Upon such cancellation, the employment of the Superintendent shall cease and District shall have no obligation to provide any further salary or benefits to the Superintendent. 8. Contract Nonrenewal. The nonrenewal of this Contract at the end of three years shall be in accordance with applicable laws including Nebraska Revised Statutes 79-824 through 79-842, as may be amended from time to time. 9. Certificate. The Superintendent shall at all times during the Contract Term maintain in full force and effect, and shall furnish to the Board, a valid, appropriate and properly registered certificate to act as Superintendent of Schools in the State of Nebraska, in accordance with the laws of the State of Nebraska and as directed by the Board, it being understood that the Superintendent cannot assume his duties under this Contract and that this Contract is not valid and is of no force and effect until the required certificate is registered in accordance with law. The Superintendent shall not bef compensated for any services performed under date of registration of this certificate. The Superintendent affirms he is not under contract to perform services with any other board of education or school district covering any part of or all of the Contract Term. 10. Residence. At all times d.uring the Contract Term, the Superintendent shall reside and maintain his primary residence within the boundaries of the District. 11. Professional Liability. The Board agrees that it shall indemnify and hold the Superintendent harmless from any expense or liability the Superintendent may incur, including reasonable attorney's fees, in the Superintendent's individual capacity or as an agent and employee of the District, as the result of claims, demands, suits, actions and other legal proceedings asserted against the Superintendent and arising out of actions taken within the scope of the Superintendent's authority and employment duties. Appropriate professional" liability coverage shall be provided, at District expense, with the same policy limits and coverages as provided for the certificated staff of the District. In no event will any individual Board members be personally liable for indemnifying the Superintendent under the provisions of this paragraph. If a conflict exists between the legal position of the Superintendent and the legal position of the District, the Superintendent may, with consent from the Board, engage separate counsel for the Superintendents defense. in that event, the District will pay all attorney's fees and other expenses incurred for defense of the Superintendent. 12. Evaluation. The Superintendent shall be formally evaluated by the Board once during each Contract Year, unless otherwise provided by law. Additional informal oral or written evaluations may also be conducted. The Board and the Superintendent shall meet annually to establish District and for~the~~ upcoming school year. The goals and objectives mutually agreed upon shall be reduced to writing and be among the criteria by which the Superintendent is evaluated. In addition, the Superintendent shall annually conduct a self--evaluation based upon the agreed~upon criteria, which shall be provided to the Board upon request, at the time the evaluation is to be conducted. The Superintendent shall receive a copy of the evaluation and shall have the right to make a written response to the evaluation. Any evaluation or assessmentby the Board or written response by the Superintendent shall be retained and become a part of the Superintendent's personnel file. Failure by the Board to complete an annual evaluation does not preclude cancellation of this Contract and the Superintendent's employment for any reason permitted by this Contract nor shall it preclude non-renewal of this Contract. The initiative for carrying out thenrequirements of this paragraph rests with the Board. If the Board 'fails to carry out these requirements, such failure shall "not constitute breach of this Contract by the Board or the Superintendent. 13. Miscellaneous If, during the Term of this Contract, it is found that a specific clause of the Contract is illegal in federal or state law, the remainder of the Contract not affected by such a ruling shall remain in force. This Contract shall be governed by and interpreted according to the laws of the State of Nebraska. The parties instances upon performance of any terms or -be hereby designate Douglas County, Nebraska, to be the proper jurisdiction and venue for any suit or action arising out of this Contract. Each of the parties consents to personal jurisdiction in suchxvenue for such a proceeding. The headings of paragraphs in this Contract are for the convenience of the parties and shall have no substantive effect on the I provisions of this Contract. The failure of either party to insist in any one or more construed as a waiver of future performance of any such term, covenant, or condition; but the obligations of such party with respect thereto shall continue in full force and effect. This Contract constitutes the entire Contract between the parties and subsumes and incorporates all prior written and oral statements and understandings. This Contract may only be amended by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereby execute this Contract as of the date first written above. BOARD OF EDUCATION OF DOUGLAS COUNTY SCHOOL DISTRICT 0001 By: PresidenIt'/ MARK EVANS 10