STATE OF IDAHO ‘SUPERINTENDENT CONTRACT FORM THIS CONTRACT, mace this 22nd day of January year of 2024, by and between Blaine County School Distric Idaho in Blaine County, State of Idaho (hereinafter called the District), and James Foudy (hereinafter called the Superintendent), WITNESSETH: 1. That the District hereby contracts to and does hereby employ said Superintendent as Superintendent of Schools of Blaine County School District No. 61, Halley, Idaho, in Blaine County, State of I¢aho, for a Period of two (2) years (twelve months per year), beginning July Ast, in the year of 202%, and ‘extending to June 30 in the year of 2023, at a salary of Dollars the fiest year, with a ($168,000.00) increment for each of the Succeeding years until this Contract has been Tuliled. Said szlary shall be paid in equal ‘monthly installments on the 25ti day of each month for such services, the first payment to be made on July.25th in the year of 2023. 2. In consideration of the promises and agreement of the District hereinbefore recited, the Superintendent agrees to assume the duties of Superintendent of Schools, as prescribed by the Board of Trustees, at Halley, Idaho on July 1st in the year of 2021, and te faithfully perform and discharge the same to the best of his abilities, uncer the direction of the Board of Trustees, and to comply with the applicable laws of the State of Idaho, the culy adopted rules of the State Board of Education, and such regulations, directives and policies as the Board of Trustees may legally prescribe which are, by reference, Incorporated in and ‘made a part cf this contract as though fully set forth herein, 3. It fs further agreed that the Superintendent will have authorization to attend, at District expense, ail ‘meetings of the State Board of Education or the State Superintendent of Public Instruction to which the Superintendent is invited, and that the Board of Trustees will adopt policies pertaining to attendance at other professional meetings and conferences including expenses of travel. 4. It is hereby mutually stipulated and agreed by and between the parties that nothing herein contained shall operate or be construed as a waiver of any of the rights, powers, privileges, or duties of either party hereto, by and under the laws of the State of Idaho, otherwise than is herein expressly stated, and that no Property rights attach to this Contract beyond the term of this Contract. 5. The terms of this Contract shall be subject to amendment and adjustment to conform to the terms of any negotiated agreement between the parties as long as those terms do not conflict with the terms of this Contract. IN WITNESS WHEREOF the District has caused this Instrument to be executed in its name by its proper officals and the Superintendent has executed the same all on the date first above written. BLAINE COUNTY SCHOOL DISTRICT NO. 61 HAILEY, IDAHO, AND BLAINE COUNTY, STATE OF IDAHO Attest: CHAIRMAN, BOARD OF TRUSTEES Dare 4/22/2021 CLERK, BOARD OF TRUSTEES DATEADDENDUM TO STATE OF IDAHO SUPERINTENDENT CONTRACT FORM THIS ADDENDUM TO STATE OF IDAHO SUPERINTENDENT'S CONTRACT FORM (“Addendum”) is made this 22nd day of January, 2021, by and between Blaine County School District No. 61, Blaine County, State of Idaho (hereinafter called “District”) and James Foudy (hereinafter called “Superintendent”), This Addendum and the accompanying State of Idaho Superintendent Contract Form are collectively referred to as the “Contract” and such form has been submitted to the Office of the State Superintendent of Public Instruction for approval. 1. Rosition. The Superintendent shall serve as the education leader of the District, responsible for carrying out the educational, managerial and administrative responsibilities for the care and maintenance of the District as determined by the Board of Trustees (“Board”). The Superintendent shall perform these duties, which are required by State law, prescribed by the Board, of as necessary for the efficient and effective management of the District. 2. Benefits. a. The District shall provide the Superintendent with employee medical, dental, and vision benefits under the District’s group medical, dental, and vision plans paid by the District, subject to the terms and conditions of any such plans. Such medical, dental, and vision benefits shall be the same group benefits as is provided to other full-time certificated professional employees. b. The District shall provide the Superintendent with a Two Hundred Fifty Thousand Dollar (5250,000.00) life insurance policy paid by the District under the District's Group Life Insurance Plan. In the event the District cannot procure a $250,000.00 policy under its group life insurance plan, the Distzict shall procure the greatest amount of coverage (not to exceed $250,000.00) available under its group life insurance plan. ©. The District shall provide to the Superintendent disability insurance, at the District's costs, if the Superintendent is able to qualify for such insurance. The term of such policy shall not exceed the term of this contract. 3. Superintendent i ‘The Board expects the Superintendent to continue his professional development and will support ‘the Superintendent in continuing his professional development. This support shall include providing the Superintendent with opportunities to participate in professional organizations and professional conferences. Annually, the Superintendent shall develop and submit to the Board for approval a budget request for the Superintendent's professional development activities. TheBoard's approval of the budget request for professional development activities shall be part of the District's overall budgeting process and shall not be unreasonably withheld but within the parameters of the Board’s obligation of fiscal responsibility for public funds. In seeking Payment or reimbursement for professional development activities, the Superintendent shall comply with District travel, expense, and reimbursement policies. Retirement (PERSD. The District shall provide the Superintendent's Employer PERSI contribution in the amount of eleven and ninety-four one-hundredth percent (11.94%). The Superintendent shall contribute the Employee PERSI contribution in the amount of Seven and Sixteen One Hundredths percent (7.16%). Both Employer and Employee contributions are subject to changed based on PERSL rules and regulations. Notwithstanding this paragraph and applicable PERSI rules and regulations, the District may elect to contribute a portion of the Employee PERSI Contribution; in the event the District extends a different Employee PERSI contribution percentage to District administrative staff during the term of this Contract, the same Employee PERSI contribution percentage will be extended to the Superintendent. . Vacations and Leaves. a. The Superintendent shall have a Board-approved 246-day calendar beginning on the first day following the last day of classes for the school year. This calendar includes two unpaid leaves associated with Spring Break (comprised of five (5) work days) and Winter Break (Comprised of ten (10) work days). b. In addition to all holidays and vacations as defined in Board policy, the Superintendent shall also receive two (2) weeks, defined as ten (10) work days, of paid vacation per year. ©. In addition to the leave provided in paragraphs 5(a) and (b) above, the Superintendent shall be entitled to: ten (10) days of paid holiday leave as is provided to all twelve (12) month employees; twelve (12) days of paid sick leave, as is provided to all twelve (12) month employees; three (3) days of paid personal leave, as is provided to all employees; iv. five (5) days of paid bereavement leave, as is provided to all twelve (12) month employees. . Automobile Usage and Allowance. If there is a District-owned vehicle available for such purpose, it shall be made available to the superintendent for official, District-related business and professional development. In the event that a vehicle is not available, the Superintendent will be reimbursed by the District for use ofhis/her personal vehicle, calculated based upon the LLR.S. Mileage Reimbursement Rate which, for 2021, has been set at 56 cents per mile (IR0220-279) and which shall be adjusted annually in accordance with the subsequent modification of that rate by the LR.S. The Business Office of the District shall provide the Superintendent with the District-approved forms to be utilized for the prompt submission of mileage reimbursement. 7. District Technology and Equipment. a. In order to ensure the Superintendent’s accessibility to the Board and the District's personnel, and to enhance the Superintendent's ability to manage the District, the District will provide adequate technology to the Superintendent to perform such duties. Such technology and equipment may include, but not necessarily be limited to, a smartphone, electronic tablet, and laptop. The District shall also provide the Superintendent with usage of an all-in-one printer so that he may perform District duties during evenings and weekends. b. All technology and equipment provided to the Superintendent shall remain the property of the District, Upon cessation of the employment relationship, the Superintendent shall return all technology and equipment to the District. 8. Expenses Incurred in Furtherance of District Business. a, Reasonable and necessary expenses incurred by the Superintendent, during the course of District business, shall be addressed through use of a District-issued credit card and/or through the District’s reimbursement procedure. b, The Superintendent shall be provided with the District Credit Card Use Acknowledgement Form and the District's Travel Reimbursement and Expense Reimbursement Guidelines. All expenses are reviewed by the District's Business Manager for compliance with all federal and state laws and Distriet guidelines, 9. Superintendent/Board Relationship. a. The Board and the Superintendent agree that they will establish a clearly defined, written Policy for working with each other in the spirit of cooperation and teamwork and shall provide each other with periodic opportunities to discuss the Board/Superintendent relationship and communication, b, Ina timely manner following the execution of this Contract, the Board and Superintendent shall meet to discuss how they will communicate and work cooperatively together. ©. The Board will, during each year of the term of this Contract, conduct a “360 review” of the ‘Superintendent’s performance and shall also develop appropriate procedures for (i) the receipt and consideration of feedback relating to the Superintendent, for study andrecommendation of any and all criticisms, complaints, suggestions or other communications regarding the performance by the Superintendent; (ii) personnel complaints relating to employees other than the Superintendent; and (iii) complaints relating to the administration of the District. 4. The Superintendent shall investigate specific complaints and comments related to student discipline, personnel and other matters related to District administration, all in accordance with applicable law and Board policies and procedures, The Superintendent shall provide reports to the Board, in writing or orally, on such complaints as may be necessary or required by law or Board policy. ¢. In the event the Board receives a complaint about the ‘Superintendent, the Board will refer such complaint to the Human Resources Director, legal counsel and/or independent third Party, as the Board determines appropriate, for investigation. 10. Indemnification. For the purposes of the Idaho Tort Claims Act (“ITCA”), Idaho Code §6-901 et seq., the ‘Superintendent is an “employee” of the District and the provisions of the ITCA shall apply. 11. Termination. a. Termination for Cause, The Board, by a simple majority vote, may terminate this Contract for cause. For the purposes of the Contract, cause shall be defined as: a material violation of any lawfully approved rule or regulation of the Board of Trustees; a material violation of any directive of the Board; a material violation of any provision of the Idaho Code of Ethics for Professional Educators; material financial mismanagement of the District; or any conduct which could serve as grounds for the revocation of any certification by the Idaho State Department of Education. i At least ten (10) days prior to the Board taking any vote regarding a possible termination of the Superintendent's Contract for cause, the Board shall provide the Superintendent with written notice of the possible termination for cause and a statement of the reason or reasons for possible termination for cause. ii, Prior to the Board taking any vote regarding a possible termination for cause, the Board shall provide the Superintendent with an opportunity for an Informal Review before the Board of Trustees regarding the reason or reasons for the possible ‘termination for cause,iii, If the Board takes action to terminate this Contract for cause, the Board shall provide the Superintendent with @ decision in writing and this decision shall include the reason or reasons for termination for cause and the basis for such reasons. iv, If the Board terminates this Contract for cause, the Superintendent shall not be entitled to any further compensation or benefits as of the effective date of the Boards’ action to terminate the Contract and shall only be entitled to compensation and benefits due and owing prior to the Board's vote to terminate the Contract for cause, provided that any and all accrued sick leave shall be portable with the Superintendent im accordance with Idaho law. b. ‘Termination Without Cause, The Board, by a simple majority vote, may terminate the Contract without cause by giving the Superintendent written notice. If the Board exercises the option to terminate this Contract without cause, the Superintendent shall be entitled to the lesser of the equivalent of one year’s salary (exclusive of any benefit, including, but not limited to, accrued vacation or leave of any kind, with the exception of accrued sick leave, insurance benefits, or other form of consideration) from the date of the Board’s vote, or salary for the period remaining on the Contract (j.e., if the termination date falls during August 2022, the Superintendent would be entitled to the equivalent of ten (10) months of salary as the two (2) year contract expires in June of 2023). ¢. Termination by the Superintendent. Subsequent to the conclusion of the first academic year of this Contract (approximately after the conclusion of nine (9) months), the Superintendent ‘may terminate this Contract by providing ninety (90) days’ written notice to the Board. The Superintendent shall continue to carry out the duties of the Superintendent duting the ninety (90) day period as if the Contract remains in full force and effect. The Board, at its sole discretion, may waive all or aay portion of the ninety (90) day notice period, in writing, and elect to terminate the Contract at a sooner date. In either situation, the Superintendent shall only receive compensation for the period of service provided to the District under the Contract, a ninety (90) day period, or a lesser period of time as allowed by the Board. 4. Mutual Termination. The Board and the Superintendent may mutually agree to terminate this Contract, 12. Contract Term Review. Jn January 2023, the Board shall hold a meeting with the Superintendent for review of his Contract status. During such meeting, discussion shall include the topic of the length of the Contract term.Signatures: Dated: _ Dated: ifasfdoal Blaine County School District No. 61 Superintendent 7 lhl Chairman, Board of Trustees Print|. Janes Vv foudy Vv Dated: 1/22/2021 act iii” Clerk, Board of Trustees