Everett School District No. 2 Everett, Washington June go, 2014 ADDENDUM 6 TO SUPERINTENDENT'S CONTRACT ITIS AGREED by and between the Board of Directors of Everett School District No. 2 and Dr. Gary D. Cohn that the Board, in accordance with the Board's action at its regular meeting on June 30, 2014, does hereby amend the Contract between the parties, dated March 10, 2009 and amended on June 8, 2010, May 24, 2011, July 3, 2012, July 2, 2013, and June 24, 2014 in the manner set forth below. Paragraph 1 is replaced in its entirety with the following: 1. _ The Superintendent agrees to faithfully perform the duties of the Superintendent of the District as prescribed by the laws of the State of Washington and by the policies, rules, and regulations made thereunder by the Board. During 2014-2015 an annual salary of $183,000 shall be paid in equal monthly installments in accordance with the normal payroll procedures of the District. The Board will increase the Superintendent's salary for 2015-2016 by 1.37%, and for 2016-17 by 1.35%. The Board will, following discussion with the Superintendent, adjust the annual salary, benefits and reimbursements of the Superintendent for 2015-2016 and 2016-2017 to ensure that the Superintendent's total compensation is not less than the average of comparison districts. Paragraph 11 is replaced in its entirety with the following: uu. _In addition to annual salary, the Superintendent shall receive the following in consideration for the faithful performance of the duties of the Superintendent of the District: A. _ The Superintendent shall have twelve (12) days of annual leave with compensation for illness, injury, or emergencies. Such unused leave may be accumulated from year to year in accordance with law and District policy for certificated administrators. B. ‘The Superintendent shall be provided with the same leave, health and other insurance benefits as are allowed and provided other certificated administrators. C. The Superintendent shall earn thirty-four (34) days of paid vacation per year, to be used upon prior notification to the Board. Unused vacation days shall accumulate to a maximum of forty (40) days. Such accumulated vacation may be taken in a subsequent year, provided that no more than six (6) weeks of continuous vacation will be permitted regardless of accumulations. To the extentconsistent with law and without causing the District any financial penalty or pension chargeback, unused vacation shall be compensable upon termination of employment with the District, at the then-applicable per diem rate, to a maximum of thirty (go) days. The per diem rate shall be calculated by dividing the Superintendent's annual salary set forth in paragraph plus the doctoral stipend by the number of work days (260 days less vacation days and District holidays). D. The Superintendent shall receive the same holidays as other certificated administrators. E, Fourteen (14) supplemental days per year paid at the Superintendent's per diem rate of pay as defined above. F. The same doctoral stipend as paid to other certificated administrators. Additionally, the Superintendent shalll receive a retention stipend of $18,500 for each year of this Contract. G. Consistent with law, the Superintendent agrees to have a comprehensive medical examination not less than once every two (2) years. A statement certifying the competency of the Superintendent shall be filed with the Board and treated as confidential information by the Board, The cost of the medical report and the examination shall be borne by the District, if not covered by the Superintendent's medical insurance. H. — Payment by the District each month during the first year of the term of this contract of an amount equal to one-twelfth (1/12) of 6% of the Superintendent's annual salary set forth in paragraph 1, during the second year of the term of this contract of an amount equal to one-twelfth (1/12) of 9% of the Superintendent's annual salary set forth in paragraph 1, during the third year of the term of this contract of an amount equal to one-twelfth (1/12) of 12% of the Superintendent's annual salary set forth in paragraph 1, which amount the Superintendent hereby elects to have invested in a tax-sheltered annuity or custodial account intended to meet the requirements of Section 403(b) of the Internal Revenue Code. The annuity or custodial account shall be made available to the Superintendent on the same basis as tax-sheltered annuities and custodial accounts are made available to all District employees generally. It is intended that, to the extent permitted by law, any amounts invested in a tax-sheltered annuity or custodial account on behalf of the Superintendent will be excludable from the gross income of the Superintendent under Sections 402(g), 403(b) and 414(v) of the Internal Revenue Code. Accordingly, any portion of the payments in excess of the applicable limits under such sections for exclusion from gross income shall be paid to the Superintendent as additional compensation, rather than invested in a tax-sheltered annuity or custodial account. In lieu of having the payments for a year invested in a tax-sheltered annuity contract or custodial account, the Superintendent may elect, by giving written notice to the District within ten (10) days prior to the beginning of such year, to have such payments paid to the Superintendent as additional compensation. Once made, an election 2Paragraph 12 is replaced in its entirety with the following: for a particular year is irrevocable. For purposes of this paragraph, a “year” is a 12-consecutive month period beginning on July 1, 2009 or any anniversary of such date. I. Payment by the District each month during the first year of the term of this contract of an amount equal to one-twelfth (1/12) of 10.93% of the Superintendent's annual salary set forth in paragraph 1, during the second year of the term of this contract of an amount equal to one-twelfth (1/12) of 10.78% of the Superintendent's annual salary set forth in paragraph 1, during the third year of the term of this contract of an amount equal to one-twelfth (1/12) of 10.64% of the Superintendent's annual salary set forth in paragraph 1, which amount the Superintendent hereby elects to have invested in an “eligible deferred compensation plan” intended to meet the requirements of Section 457(b) of the Internal Revenue Code. Notwithstanding the foregoing, in no event shall the amount paid by the District in any calendar year pursuant to this Paragraph I exceed the maximum amount that may be deferred by (or on behalf of) the Superintendent for such year under Code Sections 457(b) and (c), both as modified (if applicable) by Code Section 457(e)(18), and Code Section 414(v). Accordingly, any portion of the payments in excess of the applicable limits under such sections for exclusion from gross income shalll be paid to the Superintendent as additional compensation, rather than invested in an eligible deferred compensation plan. 12, The Superintendent will be entitled to out-of-District mileage or District vehicles, if available, for in-District and out-of-District travel, and other expense reimbursement for official business as provided by law and District policy for certificated administrators. The Board will annually consider and adjust as necessary these reimbursement amounts consistent with its adjustments for other certificated administrators. All other terms of the March 10, 2009 Contract as amended shall remain in effect, unless revised by separate addendum or amendment. ACCEPTANCE APPROVED: Snohomish County, Washington By signing this sixth Addendum, Dr. Cohn and the Board agree to its terms. Accepted this goth day of June, 2014. Am LeSesné, PresidentEverett School District No. 2 Everett, Washington June 24, 2014 ADDENDUM 6 TO SUPERINTENDENT'S CONTRACT ‘As Amended August 22, 2014 IT IS AGREED by and between the Board of Directors of Everett School District No. 2 and Dr. Gary D. Cohn that the Board, in accordance with the Board's action at its regular meeting on June 30, 2014, does hereby amend the Contract between the parties, dated March 10, 2009 and amended on June 8, 2010, May 24, 2011, July 3, 2012, July 2, 2013, and June 24, 2014, and August 22, 2014 in the manner set forth below. Paragraph 1 is replaced in its entirety with the following: 1 The Superintendent agrees to faithfully perform the duties of the Superintendent of the District as prescribed by the laws of the State of Washington and by the policies, rules, and regulations made thereunder by the Board. During 2014-2015 an annual salary of $183,000 shall be paid in equal monthly installments in accordance with the normal payroll procedures of the District. The Board will increase the Superintendent's salary for 2015-2016 by 1.37%, and for 2016-17 by 1.35%. The Board will, following discussion with the Superintendent, adjust the annual salary, benefits and reimbursements of the Superintendent for 2015-2016 and 2016-2017 to ensure that the Superintendent's total compensation is not less than the average of comparison districts. Paragraph 11 is replaced in its entirety with the following: n. In addition to annual salary, the Superintendent shall receive the following in consideration for the faithful performance of the duties of the Superintendent of the District: A. The Superintendent shall have twelve (12) days of annual leave with compensation for illness, injury, or emergencies. Such unused leave may be accumulated from year to year in accordance with law and District policy for certificated administrators. B. The Superintendent shall be provided with the same leave, health and other insurance benefits as are allowed and provided other certificated administrators. C. The Superintendent shall earn thirty-four (34) days of paid vacation per year, to be used upon prior notification to the Board. Unused vacation days shall accumulate to a maximum of forty (40) days. Such accumulated vacation may be taken in a subsequent year, provided that no more than six (6) weeks of continuous vacation will be permitted regardless of accumulations. To the extent consistent with law and without causing the District any financial penalty or pension chargeback, unused vacation shall be compensable upon termination ofemployment with the District, at the then-applicable per diem rate, to a maximum of thirty (30) days. ‘The per diem rate shall be calculated by dividing the Superintendent's annual salary set forth in paragraph 1 plus the doctoral stipend by the number of work days (260 days less vacation days and District holidays). D. The Superintendent shall receive the same holidays as other certificated administrators. E. Fourteen (14) supplemental days per year paid at the Superintendent's per diem rate of pay as defined above. F. The same doctoral stipend as paid to other certificated administrators. Additionally, in recognition of his long term service and with the purpose of retaining his service and maintaining continuity, the Superintendent shall receive a longevity retention stipend of $18,500 for each year of this Contract. G. Consistent with law, the Superintendent agrees to have a comprehensive medical examination not less than once every two (2) years. A statement certifying the competency of the Superintendent shall be filed with the Board and treated as confidential information by the Board. The cost of the medical report and the examination shall be borne by the District, if not covered by the Superintendent's medical insurance. H. Payment by the District each month during the first year of the term of this contract of an amount equal to one-twelfth (1/12) of 6% of the Superintendent's annual salary set forth in paragraph 1, during the second year of the term of this contract of an amount equal to one-twelfth (1/12) of 9% of the Superintendent's annual salary set forth in paragraph 1, during the third year of the term of this contract of an amount equal to one-twelfth (1/12) of 12% of the Superintendent's annual salary set forth in paragraph1, which amount the Superintendent hereby elects to have invested in a tax-sheltered annuity or custodial account intended to meet the requirements of Section 403(b) of the Internal Revenue Code. The annuity or custodial account shall be made available to the Superintendent on the same basis as tax-sheltered annuities and custodial accounts are made available to all District employees generally. It is intended that, to the extent permitted by law, any amounts invested in a tax-sheltered annuity or custodial account on behalf of the Superintendent will be excludable from the gross income of the Superintendent under Sections 402(g), 403(b) and 414(v) of the Internal Revenue Code. Accordingly, any portion of the payments in excess of the applicable limits under such sections for exclusion from gross income shall be paid to the Superintendent as additional compensation, rather than invested in a tax-sheltered annuity or custodial account. In lieu of having the payments for a year invested in a tax-sheltered annuity contract or custodial account, the Superintendent may elect, by giving written notice to the District within ten (10) days prior to the beginning of such year, to have such payments paid to the Superintendent as additional compensation. Once made, an election for a particular year is irrevocable. For purposes of this paragraph, a “year” is a12-consecutive month period beginning on July 1, 2009 or any anniversary of such date. I. Payment by the District each month during the first year of the term of this contract of an amount equal to one-twelfth (1/12) of 10.93% of the Superintendent's annual salary set forth in paragraph 1, during the second year of the term of this contract of an amount equal to one-twelfth (1/12) of 10.78% of the Superintendent's annual salary set forth in paragraph 1, during the third year of the term of this contract of an amount equal to one-twelfth (1/12) of 10.64% of the Superintendent's annual salary set forth in paragraph 1, which amount the Superintendent hereby elects to have invested in an “eligible deferred compensation plan” intended to meet the requirements of Section 457(b) of the Internal Revenue Code. Accordingly, any portion of the payments in excess of the applicable limits under such sections for exclusion from gross income shall be paid to the Superintendent as additional compensation, rather than invested in an “eligible deferred compensation plan.” In lieu of having the payments for a year invested in an “eligible deferred compensation plan,” the Superintendent may elect, by giving written notice to the District within ten (10) days prior to the beginning of such year, to have such payments paid to the Superintendent as additional compensation. Once made, an election for a particular year is irrevocable. For purposes of this paragraph, a “year” is a 12-consecutive month period beginning on July 1, 2014 or any anniversary of such date. Paragraph 12 is replaced in its entirety with the following: 12. The Superintendent will be entitled to out-of-District mileage or District vehicles, if available, for in-District and out-of-District travel, and other expense reimbursement for official business as provided by law and District policy for certificated administrators. The Board will annually consider and adjust as necessary these reimbursement amounts consistent with its adjustments for other certificated administrators. All other terms of the March 10, 2009 Contract as amended shall remain in effect, unless revised by separate addendum or amendment. By signing this sixth Addendum, as amended, Dr. Cohn and the Board agree to its terms. 1. Gary). Cohn, Superintendent ACCEPTANCE APPROVED: Snohomish County, Washington Pam LeSesne, PresidentEverett School District No. 2 Everett, Washington June 24, 2014 ADDENDUM 5 TO SUPERINTENDENT'S CONTRACT IT IS AGREED by and between the Board of Directors of Everett School District No. 2 and Dr. Gary D. Cohn that the Board, in accordance with the Board's action at its regular meeting on June 24, 2014, does hereby amend the Contract between the parties, dated March 10, 2009 and amended on June 8, 2010, May 24, 2011, July 3, 2012, and July 2, 2013 in the manner set forth below. ‘The Superintendent's contract shall be extended for one year, and shall be for a three (3) year period commencing July 1, 2014, and ending June 30, 2017. All other terms of the March 10, 2009 Contract as amended shall remain in effect, unless revised by separate addendum or amendment. By signing this fifth Addendum, Dr. Cohn and the Board agree to its terms. Accepted this 24th day of June, 2014. : Gary Cohn, SuperintendeXt ACCEPTANCE APPROVED: BOARD OF DIRECTORS Snohomish County, Washington Pam LeSesne, PresidentEverett School District No, - 18 *eEverett; Washington WO -9 PR RESOURCES AUrini: 22,2013 ADDENDUM 4 TO SUPERINTENDENT'S CONTRACT. IT IS AGREED by and between the Board of Directors of Everett School District No. 2 and Dr. Gary D. Cohn that the Board, in accordance with the Board's action at its regular meeting on July 2, 2013, does hereby amend the Contract between the parties, dated March 10, 2009 and amended on June 8, 2010, May 24, 2011, and July 3, 2012 in the manner set forth below. ‘The Superintendent's contract shall be extended for one year, and shall be for a three (3) year period commencing July 1, 2013, and ending June 30, 2016. All other terms of the March 10, 2009 Contract as amended shall remain in effect: By signing this fourth Addendum, Dr. Cohn and the Board agree to its terms. Accepted this and day of July, 2013. Gary & Cohn, Superintendent — ACCEPTANCE APPROVED: BOARD OF DIRECTORS Snohomish County, Washington. Everett School District No. 2 JeifR&sell, PresidentEverett School District No. 2 Everett, Washington July 3, 2012 ADDENDUM 3 TO SUPERINTENDENT’S CONTRACT ITIS AGREED by and between the Board of Directors of Everett School District No. 2 and Dr. Gary D. Cohn that the Board, in accordance with the Board's action at its regular meeting on July 3, 2012, does hereby amend the Contract between the parties, dated March 10, 2009 and amended on June 8, 2010 and May 24, 2011, in the manner set forth below. The Superintendent’s contract shall be extended for one year, and shall be for a three (3) year period commencing July 1, 2012, and ending June 30, 2015. The Superintendent has offered and the Board accepts his proposal for the 2011- 2012 contract year to forego any salary increase to which he is entitled under his Contract with the District. This provision shall apply to the 2011-2012 Contract year only. All other terms of the March 10, 2009 Contract as amended shall remain in effect. By signing this third Addendum, Dr. Cohn and the Board agree to its terms. Accepted this 3rd day of July, 2012. . Cohn, Superinten ACCEPTANCE APPROVED: BOARD OF DIRECTORS Snohomish County, Washington Everett School District No. 2 Jef sell, PrésidentEverett School District No. 2 Everett, Washington ADDENDUM TO SUPERINTENDENT'S CONTRACT ‘May 24, 2011 CONTRACT: ‘The Superintendent’s contract shall be extended for one year, and shall be for a three (3) year period commencing July 1, 2011, and ending June 30, 2014. Inall other respects, the Superintendent's contract shall remain unchanged. Lee : Yosef Gay D. Gin Bd Petersen, President ‘Superintendent Board of Directors By:Everett School District No. 2 Everett, Washington ADDENDUM TO SUPERINTENDENT’S CONTRACT June 8, 2010 CONTRACT: ‘The Superintendent's contract shall be extended for one year, and shall be for a three (3) year period commencing July 1, 2010, and ending June 30, 2013. In all other respects, the Superintendent's contract shall remain unchanged. By: Lak ny ly Ghry D. O6fin Ed Petersen, President Superintendent Board of DirectorsSUPERINTENDENT'S CONTRACT It is agreed by and between the Board of Directors ("Board") of Everett School District No, 2 ("District") and Dr. Gary Cohn that the Board, in accordance with its action at its regular meeting on the 10th day of March, 2009, does hereby employ Dr. Cohn ("Superintendent") as ‘Superintendent of the District. This employment is for a three-year period commencing July 1, 2009, and ending June 30, 2012. 1, The Superintendent agrees to faithfully perform the duties of the ‘Superintendent of the District as prescribed by the laws of the State of Washington and by the policies, rules, and regulations made thereunder by the Board. The annual salary of $170,000 shall be paid in equal monthly installments in accordance with the normal payroll procedures of the District. In the event that a percentage salary increase is granted generally to certificated employees of the District for 2009-2010, the Board will increase the Superintendent's salary for 2009-2010 by the same percentage effective July 1, 2009. The Board will, following discussion with the Superintendent, adjust the annual salary, benefits and reimbursements of the Superintendent for 2010-2011 and 2011-2012. For 2010-2011 and 2011-2012, the Board will increase the annual salary on the basis of no less than the percentage salary increase(s) granted generally to certificated employees of the District, 2. The Superintendent agrees to devote his time, skill, labor, and attention to the duties of the Superintendent of the District. The Superintendent's work year shall be 260 days per year, less District holidays and paid vacation days. Because of the attention necessary to perform his duties, the Superintendent agrees to maintain his residence within the borders of the District during the term of this contract. The District shall reimburse the Superintendent the documented costs for moving expenses associated with relocating his residence within the boundaries of the District up to a maximum of $7,500. ‘The Superintendent will present an itemized statement, with copies of receipts, when seeking reimbursement for moving expenses, 3. The Superintendent may undertake consulting work, speaking engagements, writing, lecturing, or other professional duties and obligations which do not conflict with his duties as Superintendent and are in accordance with law. Such professional activities, when done for compensation, shall be consider non-contractual time (vacation, holidays, on non- duty evenings or weekends). The Superintendent will inform the Board prior to undertaking such activities. 4, The Superintendent, with Board approval, may attend appropriate professional meetings at the local, state, and national level. Reasonable expenses incurred shall be paid by the District. The District shall pay dues and association fees for the Superintendent's membership in the Washington Association of School Administrators, the American Association of School Administrators, the American Society of Curriculum and Development, and other professional, civic, and community groups or associations specifically approved by the Board.5. Following consultation with appropriate central office administrators, the Superintendent will have complete freedom to organize, reorganize, and arrange the administrative and supervisory staff, including instruction and business affairs, in the manner which, in his judgment, best serves the Distric’s schools. The responsibility for selection, placement, and transfer of personnel shall be vested in the Superintendent, subject to approval by the Board. It is understood that the Board's responsibility is for policy-making and not administration; accordingly, the Board agrees that individual Board members will refrain from taking action regarding the administration of Board policies, except through collective Board action, Among other duties, the Superintendent is to propose to the Board recommendations and alternative recommendations for new and revised policies. 6. The Board, individually and collectively, will refer to the Superintendent for study and recommendation all significant criticisms, complaints, and suggestions called to its attention concerning District operations. 7. The Superintendent shall join with the Board in establishing specific goals, objectives, and timelines, against which the performance of the Superintendent shall be measured and evaluated. The Superintendent shall work with the Board to develop these goals, objectives, and timelines, in writing, subsequent to June 30 each year. The Board may make additions, deletions, or modifications and shall, on or before October 15 of each year, adopt a final written list of the goals, objectives, and timelines containing such specificity as they deem is reasonably necessary to measure and evaluate the performance of the Superintendent and to meet the needs of the public. ‘The Board and the Superintendent may, by written agreement, amend any goals, objectives, and timelines, in whole or in part, during each contract year. The Superintendent shall submit to the Board a recommended format and procedure for the evaluation. The Board shall give the Superintendent advance notice of the final approved format and procedure before beginning the evaluation of the Superintendent. 8. Itis mutually agreed that the Superintendent's job performance will be formally evaluated twice yearly by the Board, with the results of this evaluation to be made known to the Superintendent, provided that the Superintendent shall annually remind the Board of this duty by January $ and by May 1, respectively. It is further agreed that the Board will review the contract of the Superintendent annually, on or before its anniversary date, 10 consider: A. Whether a contract extension should be awarded, or whether the ongoing contract, for expressed reasons, should continue toward its maturity; and B. An adjustment in the contracted salary; the annual salary shall not be reduced below the salary in effect at the time of review. Any upward adjustment in salary made during the life of this contract shall be in the form of ‘an amendment and shall become a part of this contract. 9. The Superintendent will be subject to discharge for cause and entitled to notice of discharge and hearing as provided by Washington State law. Not later than one year prior to the termination date of this contract, the Board shall notify the Superintendent of theBoard's intent to offer or not to offer employment to the Superintendent beyond the termination date of this contract. 10. The Board may terminate this contract at any time after the Superintendent has been absent from his employment for whatever cause for a continuous period of six (6) months beyond his total accrued sick leave and vacation, by written notice to him. The Board reserves the right to require the Superintendent to submit to a medical examination, physical and/or mental, when the Board deems he is disabled. The physician(s) shall be selected by the Superintendent from among three Board nominees and paid by the District. If the Superintendent is certified to be disabled such that he cannot perform his duties, the Board may terminate this contract. In the event of termination of this contract due to extended absence or disability, any further obligations of the Board under this contract shall thereupon cease, provided that, in the event of termination due to disability, the Board will reassign the Superintendent to inactive administrator status for the period of his accumulated disability leave and/or vacation entitlements. 11. In addition to annual salary, the Superintendent shall receive the following in consideration for the faithful performance of the duties of the Superintendent of the District: A. The Superintendent shall have twelve (12) days of annual leave with compensation for illness, injury, or emergencies. Such unused leave may be accumulated from year to year in accordance with law and District policy for certificated administrators. B. The Superintendent shall be provided with the same leave, health and other insurance benefits as are allowed and provided other certificated administrators. C. The Superintendent shall earn thirty-four (34) days of paid vacation per year, to be used upon prior notification to the Board. Unused vacation days shall accumulate to a maximum of forty (40) days. Such accumulated vacation may be taken in a subsequent year, provided that no more than six (6) weeks of continuous vacation will be permitted regardless of accumulations. Up to ten (10) days of unused vacation as of June 30 of any calendar year shall, upon request by the Superintendent, be compensable on the July pay warrant. To the extent consistent with law and without causing the District any financial penalty or pension chargeback, unused vacation shall be compensable upon termination of employment with the District, at the then-applicable per diem rate, to a maximum of thirty (30) days. The per diem rate shall be calculated by dividing the Superintendent's annual salary set forth in paragraph 1 plus the doctoral stipend by the number of work days (260 days less vacation days and District holidays). D. The Superintendent shall receive the same holidays as other certificated administrators. E. Fourteen (14) supplemental days per year paid at the Superintendent's per diem rate of pay as defined above.F, The same doctoral stipend as paid to other certificated administrators. G. Consistent with law, the Superintendent agrees to have a comprehensive medical examination not less than once every two (2) years. A statement certifying the competency of the Superintendent shall be filed with the Board and treated as confidential information by the Board. The cost of the medical report and the examination shall be borne by the District, if not covered by the ‘Superintendent's medical insurance. H. Payment by the District each month during the term of this contract of an amount equal to one-twelfth (1/12) of 6% of the Superintendent's annual salary set forth in paragraph 1 plus the doctoral stipend for the relevant year, which amount the Superintendent hereby elects to have invested in a tax-sheltered annuity or custodial account intended to meet the requirements of Section 403(b) of the Internal Revenue Code. The annuity or custodial account shall be made available to the Superintendent on the same basis as tax-sheltered annuities and custodial accounts are made available to all District employees generally. It is intended that, to the extent permitted by law, any amounts invested in a tax-sheltered annuity or custodial account on behalf of the ‘Superintendent will be excludable from the gross income of the Superintendent under Sections 402(g), 403(b) and 414(v) of the Internal Revenue Code. Accordingly, any portion of the payments in excess of the applicable limits under such sections for exclusion from gross income shall be paid to the Superintendent as additional compensation, rather than invested in a tax-sheltered annuity or custodial account. In lieu of having the payments for a year invested in a tax-sheltered annuity contract or custodial account, the Superintendent may elect, by giving written notice to the District within ten (10) days prior to the beginning of such year, to have such payments paid to the Superintendent as additional compensation. Once made, an election for a particular year is irrevocable. For purposes of this paragraph, a “year” is a 12- consecutive month period beginning on July 1, 2009 or any anniversary of such date. 12, In lieu of other expense reimbursement for in-District travel, the Superintendent shall receive $706 per month to defray costs incurred in using his automobile for official travel (Pursuant to RCW 42.24.09, it is the determination of the Board that this means of reimbursement is less costly than providing an automobile to the Superintendent.) The Superintendent will also be entitled to: out-of-District mileage or District vehicles, if available, for out-of-District travel, and other expense reimbursement for official business as provided by law and District policy for certificated administrators. The Superintendent shall also be reimbursed $90 per month for business use of his personal cellular phone service. The Board will annually consider and adjust as necessary these reimbursement amounts consistent with its adjustments for other certificated administrators. 13, The District shall defend and hold harmless the Superintendent from any claim, action, or legal proceeding arising out of the Superintendent's performance or failure of performance of duties for, or employment with, the District, provided that the Superintendent ‘was acting in good faith and within the scope of his employment and in compliance with the policies and procedures of the District. Where the District so defends, it will indemnify the Superintendent against any resulting judgment or settlement payment. The District's 4obligations under this paragraph are limited to civil claims and litigation, shall not apply to action by the District relating to the Superintendent's employment status, and are only ‘effective to the extent that they are within the authority of the District under the laws of the State of Washington. 14, If, during the term of this contract, it is found that a specific clause of the contract is illegal under federal or state law, the remainder of the contract not affected by such a ruling shall remain in force. 15. This contract represents the total agreement between the parties regarding the employment of the Superintendent by the Board, and there are no oral agreements which modify its terms. By signing the foregoing contact, Dr. Cohn and the Board agree to its terms. ‘Accepted this /O* day of March, 2009. iperinteMdent ACCEPTANCE APPROVED: fh e Gudea, Snohomish County, Washington ctecatsigu Pale ir Ds cbyasen “Yana Prradonn Board Vice President Board Member Approved and Registered: -2)le. en Registrar Date