TEMECULA VALLEY UNIFIED SCHOOL DISTRICT LOY! REEMENT FOR DI: THIS AGREEMENT is entered into on April 21, 2020, between the Governing Board (hereinafter “the Board") of and on behalf of the Temecula Valley Unified School District of California (hereinafter “the District") and Jodi McClay (hereinafter “the Superintendent”). a TERM The term of this Employment Agreement is from August 1, 2020, through June 30, 2023, unless terminated earlier pursuant to the provisions of this Agreement, or unless extended as provided herein or as provided by law. In each year of this Agreement, should the Superintendent receive a satisfactory or better evaluation pursuant to this Agreement, the term of this Agreement shall be extended by one (1) year, so long as the term of this Agreement shall at no time exceed four (4) years, The extension shall be ratified by the Board in an open session meeting. 2 IF ND OYMENT STA‘ The Superintendent warrants and represents that she currently possesses an administrative credential issued by the State of California, and that such credential has not been suspended or revoked. Any suspension or revocation of such administrative credential shall constitute cause for termination of this Agreement. 3. POWERS AND DUTIES The Superintendent shall serve as the chief executive officer of the District. In that capacity, the Superintendent shall perform all services, acts, and functions necessary or advisable to manage and conduct the business and operations of the District at a Professional level of competence and with due diligence, subject at all times to state and federal laws and the policies, rules, regulations and direction of the Board, consistent with the Superintendent's duties as described herein. The Superintendent is the leader of the Administrative Team and agrees to work effectively as a member of the team. Together, the Administrative Team plans, directs, and coordinates the operations of the District, The Superintendent shall perform the duties prescribed by the laws of the State of California, Board policy, the job description and Education Code section 35035. The Superintendent shall act as Secretary to the Board as described in Education Code section 35025. The Superintendent, as the chief executive officer, shall: (1) review all policies adopted by the Board and make appropriate recommendations to the Board; (2) periodically evaluate or cause to be evaluated all District employees; (3) advise the Board of sources of funds that might be available to implement present or contemplated District programs; (4) assume responsibility for those duties specified in Education Code section 35250; (5) endeavor to maintain and improve her professional competence by all available means, Including subscription to and reading of appropriate professional journals; (6) establish and maintain positive community, staff and Board relations; (7) serve as liaison to the Board with respect to all matters of employer-employee relations and make recommendations to the Board concerning those matters; (8) recommend District goals and objectives to the Board; and (9) provide timely information to Board members about important issues affecting or that may affect the District; and other duties as assigned by the Board. The Superintendent is directly responsible to the Board. The Superintendent facilitates communication and information among the administrators, the Board, staff, 1Parents and community, and sets a positive tone for the District. The Superintendent has the authority to direct and supervise the activities of all District employees, programs, and functions to ensure the effective administration of the entire District. The Superintendent shall have primary responsibility in making recommendations to the Board regarding all personnel matters, including employment, assignment, transfer and dismissal of employees, consistent with Board Policies, 4 }OARD-SUPERINT! REL iS ‘The Superintendent will work with the Board in developing and maintaining a spirit of cooperation, mutual respect, and teamwork in which the Board will accept responsibility for formulating and adopting policy and for taking action on matters which, by law, require Board action. Administrative responsibility and commensurate authority for administering the school system will be delegated by the Board to the Superintendent. The Board recognizes that it is @ collective body and each Board member recognizes that a Board member's authority is derived from the collective deliberation and actions of the Board as a whole in a duly-constituted meeting. Except as permitted by Board bylaw, policies, protocols or other authority, or by direction of the Board, individual Board members will not give direction to the Superintendent or any staff member regarding the management of the District or the solution of specific problems. The Board, individually and collectively, will refer promptly to the Superintendent any criticism, complaint or suggestion brought to the attention of the Board or any member thereof, pursuant to Board bylaws, Policies and protocols. The Superintendent will take appropriate action and/or respond, and notify the Board President and/or Board as appropriate. The Board shall provide the Superintendent with periodic opportunities to discuss Board-Superintendent relationships as they relate to the Board's governance and the effectiveness of the Superintendent's leadership. As a part of this process, when It is deemed necessary by either the Board or the Superintendent, the District may retain an outside advisor to facilitate this process, The Superintendent will be held responsible for establishing District programs and services, and for managing the District in a manner consistent with the Board's adopted goals, including the provision of data from which the Board can evaluate the District's achievements. By exercising Its governance and policy-making role, the Board determines what the District should accomplish and whether the District is accomplishing it. 5. EI NCE VE: Each year of the agreement, the Superintendent shall meet with the Board to establish the Superintendent's goals for that school year. The Superintendent shall prepare and submit to the Board a written list of proposed job performance objectives for achieving said goals prior to August 1" of each school year. Objectives shall be based on the duties and responsibilities set forth in this Agreement. If the Superintendent and Board cannot reach mutual agreement on the Superintendent's performance objectives, the Board's determination shall prevail. 6. VALUATI (a) Formal Evaluation. The Board shall formally evaluate the performance of the Superintendent in writing on an annual basis. This evaluation shall take place prior to July 15" of each year of this Agreement. The evaluation shall be based upon job performance 2objectives and the achievement of the performance goals for the year in question, the Superintendent's effectiveness at discharging her duties as defined in the employment agreement and Board Policies, and job description, if any. The Superintendent shall provide the Board with a written summary of progress to date on meeting the Board’s annual goals and objectives not later than two weeks prior to the formal evaluation as established in the Board’s governance calendar. An evaluation shall be deemed to be satisfactory if the Board's formal summative evaluation Is satisfactory as determined by a majority of the Board. Goals for the following year shall be established in the summative evaluation. If the Board deems it appropriate, it will provide written recommendations for strengthened performance to the Superintendent. Any failure of the Board to comply with the requirements of this paragraph or paragraph 5 shall not constitute a material breach of this Agreement. However, neither party shall unreasonably delay the evaluation, and any delay of the evaluation through no fault of the Superintendent shall not preclude retroactive application of the salary step advancement pursuant to paragraph 7(a), and shall not preclude retroactive application of the term extension provision in paragraph 1. The evaluation along with Superintendent's response, if any, Shall be placed in the Superintendent's personnel file and a copy shall be provided to the Superintendent. ‘The Board, unless otherwise agreed to in writing with the ‘Superintendent, shall maintain confidentiality concerning the contents of any evaluation in accordance with and except as required by applicable law. (b) _, Informal Reviews. At least two times during the year, by October 25" and February 25", the Board and Superintendent shall meet in closed session to review the Superintendent's performance and effectiveness, and progress towards achievement of the Board's annual objectives. Modifications to those performance objectives may occur from time to time as the parties may agree and shall be reduced to writing by the Superintendent, The Superintendent shall provide the Board with a written summary of progress to date on meeting the Board's annual goals and objectives not later than two weeks prior to each informal review. A summary of the midyear discussions may also be reduced to writing by the Board. 7. :OMPENSATION (a) _ Salary. The Superintendent's initial salary placement for August 1, 2020 - June 30, 2021 shall be Column C, $256,814.00, of the District's Executive Salary Schedule as revised effective July 16, 2019. The Superintendent's salary shall be paid in twelve equal monthly installments. The Superintendent shall advance to the next column on the Superintendent's line of the Executive Salary Schedule on July 1 of each year of this Agreement, provided the Superintendent has received a satisfactory or better evaluation pursuant to Section 6. The Board reserves the right to adjust the annual salary rate of any or all years of the Superintendent's contract, provided that the new annual salary rate may not be adjusted downwards unless the salary rate of a majority of the certificated employees of the District has been adjusted downward, in which case the Board shall have the right to adjust the Superintendent's salary downward at a commensurate rate. The Board shall annually review the Superintendent's salary and consider granting an increase to the Superintendent's salary schedule, Any change in salary shall be in the form of an amendment, and shall become a part of this Agreement.(b)Tax-Sheltered Annuity, During the term of this contract or any renewal or extension thereof, the Superintendent may elect to defer up to the maximum amount Permitted by law to a tax-sheltered annuity that has been qualified as such under Internal Revenue Service regulations. 8. FRINGE BENEFITS (2) Health and Welfare. The Superintendent shall be afforded at least all of the health and welfare benefits of employment which are granted to the District's administrative personnel, including the District’s health, vision, and dental insurance plans, except as otherwise set forth in this Agreement. (b) Term Life Insurance, The Governing Board agrees to pay, on behalf of the Superintendent, all necessary premiums for a term life insurance policy in the amount of Five Hundred Thousand Dollars ($500,000). Superintendent shall select a beneficiary or beneficiaries entitled to the $500,000 of insurance proceeds. © st Separ ‘etirement Benefits. Upon separation or retirement from the District, the Superintendent may continue enrollment in the District’s health plan at her own expense. However, since the Superintendent is already vested in post-separation/ retirement benefits due to her prior service as Assistant Superintendent and Deputy Superintendent, upon separation or retirement the District will pay the cost of an Individual only HMO plan until the Superintendent is eligible to be covered by Medicare, at which time the District will pay the cost of a Medicare Supplement plan. The Superintendent will have the option to apply the District contribution under this section towards the purchase of a preferred provider organization (PPO) or other health plan that may be available with the additional cost for such plan borne by the Superintendent. At her own expense, she may also add spouse, domestic partner, or dependent coverage to the plan. Should the Superintendent move from the geographical area where the District's then current health insurance providers offer coverage, the Superintendent may obtain alternative comparable coverage to that which was in effect on the date of the Superintendent's separation/ retirement and the District shall pay the District contribution consistent with the preceding paragraph to the Superintendent, with the additional cost for such plan borne by the Superintendent. The obligations of the District set forth in this paragraph shall survive the termination of the Agreement, 9. E MEN’ (a) Automobile Expense. The Superintendent shall provide a suitable automobile and at least the statutory minimum liability insurance for her transportation in the performance of her duties on school business within the County of Riverside. The Superintendent shall be entitled to mileage reimbursement for District travel in her personal je according to District policy and IRS regulations. (b) Travel Outside of Riverside County and Other Expenses. The District shall reimburse the Superintendent for District travel outside of Riverside County, and related expenses, and for actual and necessary business-related expenses Incurred and paid by the ‘Superintendent in the conduct of her duties on behalf of the District, in accordance with District policy. The Superintendent will submit an itemized claim for such expenses and such items claimed must be a proper use of District funds. Wherever possible, receipts and/or invoices should be submitted in support of the claim. 10. YEAR TH(a) Work Year. The Superintendent's work year shall be 221 days, excluding vacation and holidays as defined by the Education Code and applicable district policy. To determine the Superintendent's dally rate of pay, the Superintendent's annual base salary shall be divided by her work days. (b) Vacation, The Superintendent shall be entitled to twenty-four (24) days of paid vacation In each contract year, which shall accrue at the rate of two (2) days per month. ‘The Superintendent may not accrue more than thirty-six (36) days of paid vacation. If accrued vacation reaches thirty-six (36) days, no further vacation days shall be earned or accrued until accrued vacation falls below thirty-six (36) days. The Board expects the Superintendent to use her allotted vacation in the year eared. However, the Superintendent may elect at the conclusion of each school year, ending June 30 annually, to be paid up to ten (10) days of her then accrued vacation time at the Superintendent's then-existing daily rate of pay. Upon separation from the District, or in the event of termination or expiration of this Agreement, any earned and unused vacation time up to the thirty-six (36) day maximum shall be paid to the Superintendent at her then-existing daily rate of pay. 11, SICK LEAVE The Superintendent shall earn and accrue sick leave at a rate of one point two five (1.25) days per contract month. The Superintendent shall not be entitled to use sick leave In advance of or in excess of the days actually earned or accrued. The Superintendent may also use sick leave for personal necessity and business leave days in accordance with District policy. Upon separation from the District, unused and accrued sick leave will be transferred or applied to retirement service credit in accordance with applicable law and CalSTRS rules and regulations. 12. PR NAL GROW: IVITIES The District encourages the Superintendent to participate in professional organizations and activities; provided such participation is consistent with her overall responsibilities to the District and, provided further, that such participation does not interfere with the satisfactory performance of her duties and obligations to the District. Consistent with the above, the District shail pay the Superintendent's membership dues in ACSA (Association of California School Administrators) and one professional organization of the Superintendent's choice, and a lacal service club or other profes: organization as may be approved by the Board, nal 13, TS A Ss The Superintendent's professional priority Is the District during the term of this Agreement and any extensions that may occur. The Superintendent may serve as an adjunct professor, consultant, speaker, or lecturer, or engage in other activities on a short- term basis, provided such activities do not conflict or interfere with her duties under this Agreement. Any such activities that require the Superintendent to be absent from the District on work days per the annual work year calendar shall be reported to the Board President as vacation days and subject to Board approval. Any compensation received by the Superintendent for these outside professional activities shall belong to the ‘Superintendent if they are completed on the Superintendent's vacation or non-work days. 514, AN PHYSICAL NAT} The Board may annually direct the Superintendent to undergo a medical examination by her primary care physician, who shall provide the Board President with a written statement certifying only the Superintendent's fitness for service and ability to perform her assigned duties. The Board President may inform the Board of a negative determination, which case the Board may invoke the procedure specified in Paragraph 14(b) below. The results of any medical examination shall be kept confidential by all members of the Board, except to the extent necessary to Implement the provisions of this Agreement, or in the event the Superintendent brings an action against the District related to medical issues, and for those purposes only. 15. TERMINATION MENT This Agreement may be terminated prior to its expiration by any of the following methods: (a) __ Mutual Agreement. At any time the parties may mutually agree to terminate the Agreement. (b) _ Disability. Should the Superintendent be unable to serve in her position due to physical and/or mental condition, and upon expiration of the Superintendent's sick leave under this Agreement or as provided by statute or Board policies, the Superintendent shall submit to an evaluation by a licensed physician selected by the Board. Any cost of the evaluation not covered by the Superintendent's health insurance shall be borne by the Board. The selected physician shall submit a confidential written report to the Board which shall indicate only whether the Superintendent is able to carry out the duties of the position, with or without reasonable accommodation. If the report reflects the Superintendent is unable to serve, this Agreement may be terminated by the Board. (c)__ Unilateral Termination by Superintendent. The Superintendent may terminate this Agreement by providing the Board with a written notice of intent to terminate. This notice shall be provided no less than ninety (90) days prior to the effective date of said termination. The Superintendent and the Board may mutually agree to a termination notice of less than ninety (90) days. Should the Superintendent become a finalist for other employment, she shall immediately notify the Board. (@) lateral Termi by Board Without Cause. The Board, at its sole discretion and without cause, may, upon giving written notice to the Superintendent, terminate this Agreement. If the Board elects this option to terminate the Agreement, the District shall pay the Superintendent, in one lump-sum payment, the base salary the Superintendent would have earned for the remainder of this Agreement following the effective date of termination, not to exceed twelve (12) months. ‘The Superintendent shall also receive the same District paid medical, dental, and vision insurance for the same period of time, or until the Superintendent obtains other employment with comparable health benefits, whichever occurs first, in accordance with Government Code 53261, except as otherwise provided herein. The parties agree that the payment described above constitutes liquidated damages sufficient to fully compensate the Superintendent for any and all salary or wage damages which may result from termination under this section, and acceptance of such payment shall constitute of waiver of all compensation-related claims. The obligations of the District set forth in this paragraph shall survive the termination of this Agreement. (e) Non-renewal of Aareement by Board. The Board shall provide the Superintendent with at least ninety (90) calendar days’ written notice prior to the expiration 6date of this Agreement of the Board's intention not to renew or extend this Agreement beyond its then current expiration date. Failure by the Board to give timely notice shall result in the extension of this Agreement for one (1) year under its existing terms and conditions and with the same compensation. The Board and the Superintendent agree that this is intended to supersede the notice requirement in Education Code section 35031. It shall be the duty of the Superintendent to notify each member of the Board in writing of this Non-renewal provision of the Agreement no later than December 1 immediately prior to the expiration of this contract or any extension thereof. If the Superintendent falls to provide this notice to the Board, she shall be deemed to have waived the requirements and automatic renewal provisions of section 35031, and shall further be deemed to have received timely notice of her non-renewal by the Board. () Termination for Cause. The Board may discharge the Superintendent for Cause. Discharge for cause shall be warranted only for conduct that is prejudicial to the District, including, but not limited to, material breach of this Agreement or neglect of duty as described in this Agreement. The Board shall prepare a written statement of reasons for any decision to discharge for cause and provide it to the Superintendent in advance of the termination date. The Superintendent shall be entitled to appear before the Board to discuss such causes prior to termination. If the Superintendent chooses to be accompanied by legal counsel at such meeting, the Superintendent shall bear any costs she incurs for such representation. Such ‘meeting shall be conducted in closed session unless mutually agreed otherwise. The Board shall render a written decision confirming the effective date of termination, upon which date the Superintendent's salary and benefits shall cease except as otherwise provided herein. The Superintendent shall have the right to submit a written response to the decision, which the District shall attach to and make a part of the decision. (g) Remedies. The parties expressly understand and agree that any termination of this Agreement by the District and/or Boarcl shall not result in the Superintendent's continued employment or reinstatement. The remedies provided in this Agreement are the exclusive remedies available to the Superintendent. 16. MANDATORY ABUSE OF OFFICE PROVISION Pursuant to Government Code section 53243 et seq., any cash settlement related to the termination that Superintendent may receive from the District shall be fully reimbursed to the District If the Superintendent is convicted of a crime involving an abuse of office or Position. In addition, any funds paid for salary during a paid administrative leave pending an investigation into, or funds paid for criminal defense of, charges of abuse of office or position shall be fully reimbursed to the District in the event the Superintendent is convicted of such crime. 17. ENTIRE AGREEMENT This Agreement contains the entire agreement and understanding between the Parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. 18. APPLICABLE LAW This Agreement shall be construed in accordance with, and governed by the laws of the State of California; should any provision of this Agreement be held invalid by a court of 7competent jurisdiction, the remainder of this Agreement shall nevertheless be binding and effective, 19. VENUE This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed by the laws of that State. Venue of any action to enforce this Agreement shall be in Riverside County, California. 20. ATTORNEYS’ FEES ‘The parties further agree and understand that in the event that legal proceedings are initiated for the purpose of enforcing the terms of this Agreement, the prevailing party in any such proceeding shall be entitled to an award of reasonable attorneys’ fees and costs incurred in bringing or defending such action. 21. AMENDMENTS The parties agree that the terms of this Agreement cannot be changed or supplemented orally and may be modified or superseded only by a written instrument executed by all parties. 22. TIC SOUNTERPARTS This Agreement may be executed in two or more counterparts which, taken together, shall constitute the whole Agreement between the parties. A fax or digitally scanned signature shall be as valid as an original signature. A copy of this document shall be as valid as the original. 23, EFFECTIVE DATE The effective date of this Agreement shall be August 1, 2020 even though the date on which the Board may approve this Agreement may occur on a different date. 24. NON-WAIVER Failure to insist upon strict performance of any requirement of this Agreement shall Rot be construed as a waiver of any other or future performance hereunder. 25. ENSE Pt NDEI The District shall defend and indemnify the Superintendent from any claim, demand, suit, action and proceeding of any kind and in any forum wherein the Superintendent, acting in her official or individual capacity, is alleged to have caused any loss or injury arising out of any act or omission occurring within the scope of her duties as Superintendent, pursuant to Government Code sections 825 and 995. The District's obligation to indemnify shall be otherwise excused only as to liability for damages awarded against the Superintendent upon exhaustion of all appeals from any finding by a court of competent jurisdiction that the Superintendent's action was outside the scope of her employment, intentionally violated a criminal law of California or constituted intentional fraud with malice without reversal of such finding. Upon retirement or separation from the District, the Superintendent will continue to be indemnified for any actions taken against her related to her role as. Superintendent, as described above.26. NO ASSIGNMENT The Superintendent may not assign or transfer any rights granted or obligations assumed under this contract. 27. PEND! ‘The Superintendent and the Board each recognize that in entering into this Agreement, the parties have relied upon and/or had the opportunity to obtain the advice of their own attorneys or other representatives to the party’s complete satisfaction, and that the terms of this Agreement have been completely read and explained to them by their attorneys or representatives as applicable, and that those terms are fully understood and voluntarily accepted, The Superintendent acknowledges and agrees that legal counsel for the Board represents the Board’s interest exclusively and that no attorney-client relationship exists between Superintendent and legal counsel to the Board. Dated: __ 4/2 _ 2020 Gedy MLM tye Jodi Mo¥lay, Superintendent Temecula Valley Unified School District TO BE SIGNED BY ALL BOARD MEMBERS. LS we Dated: “22,2020 — = Sandy panKeon ‘President, Governing Board Canis Valley Unified School District Dated: _%-22 2020 &€Dariing, Clerk, Governjag Boal Temecula Valley Unified School Dist}ict Dated: __7 2 _ 2920 Ebel Dr. Kristi Rutz-Robbins, Trustee, Governing Board ‘Temecula Valley Unified School District ates: A-T2 2020 ror jarbara Brosch; Trustee, Governing Board Temecula Valley Unified School District vated: {22-2020 NulieToruilace Julle|Farnbach, Trustee, Governing Board Terhecula Valley Unified School District Ratified in @ public meeting of the Governing Board on April Di _, 2020.‘TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AMENDMENT TO EMPLOYMENT AGREEMENT FOR SUPERINTENDENT BETWEEN THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND DR. JODI MCCLAY ‘This Amendment modifies the Employment Agreement for Superintendent (“Agreement”) executed April 21, 2020, between the Governing Board (hereinafter referred to as the “Board”) of the Temecula Valley Unified School District, Riverside County, California (hereinafter referred to as “District”) and Dr. Jodi McClay (hereinafter referred to as the Superintendent). The above-named parties hereby mutually agree and promise as follows: Section 1, TERM is amended as follows: ‘The term is extended for one year through June 30, 2024. ‘The above changes are effective April 13, 2022. All remaining terms of the Agreement remain unchanged. Dated: By: AR - ~~ Adam Skumawitz, President, TVUSD Board of Trustees Dated: falar By: Ondo iene Dr. Jodi MeClay, Superiyfendent Ratified by a 520 vote of the Governing Board in open session at a regular meeting thereof, held on April 12, 2022,‘TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AMENDMENT TO EMPLOYMENT AGREEMENT FOR SUPERINTENDENT BETWEEN THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT AND JODI MCCLAY This Amendment modifies the Employment Agreement for Superintendent ("Agreement") executed on April 21, 2020, between the Governing Board (hereinafter referred to as the “Board”) of the Temecula Valley Unified School District, Riverside County, California (hereinafter referred to as “District”) and Or. Jodi Meclay (hereinafter referred to as the Superintendent). The above-named partes hereby mutually agree and promise as follows: Section 1, TERM is amended as follows: The term is extended for one year through June 30, 2025. Section 7, COMPENSATION, is amended as follows: Having received a satisfactory or better evaluation pursuant to Section 6, the Superintendent shall advance to the next column, “E,” on the Superintendent's line of the Executive Salary Schedule. The above changes are effective July 1, 2022. All remaining terms of the Agreement remain unchanged Dated: By: ‘Adarh Skumawitz, President, TVUSD Board of Trustees Dated: By; Cpodd Mee, Dr. Jodi McClay, Superintehdent Ratified by a AO vete of the Governing Board in open session at a regular meeting thereof, held on ‘August 23, 2022.