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CUMBERLAND VALLEY SCHOOL DISTRICT

FIRST AMENDMENT TO SUPERINTENDENT’S


EMPLOYMENT AGREEMENT

THIS FIRST AMENDMENT TO SUPERINTENDENT’S EMPLOYMENT AGREEMENT


(“First Amendment”), is made and entered into this 19th day of June, 2017, by and between
CUMBERLAND VALLEY SCHOOL DISTRICT, a school district of the Commonwealth of
Pennsylvania, hereinafter called “School District” and FREDERICK S. WITHUM, III, Ed.D, an
adult individual, hereinafter called “District Superintendent.”

ARTICLE II – PREAMBLE

WHEREAS, in accordance with the provisions of Sections 508, 1001, 1071, 1073, and
1081 of the Commonwealth of Pennsylvania’s Public School Code of 1949, as amended
(hereinafter “Public School Code”), at a regular meeting duly and properly called on the 7th day
of March, 2016, the Board of School Directors did reappoint and elect Frederick S. Withum, III,
Ed.D to the office of District Superintendent for Cumberland Valley School District for a new five
(5) year term commencing July 1, 2016, and ending June 30, 2021; and

WHEREAS, contemporaneous with reappointing and electing Frederick S. Withum, III,


Ed.D to the office of District Superintendent for Cumberland Valley School District for a new five
(5) year term, the Board of School Directors approved a Superintendent’s Employment
Agreement (“Agreement”) dated March 7, 2016, setting forth the terms and conditions of the
Superintendent’s employment with Cumberland Valley School District; and

WHEREAS, the Agreement provides at Section 6.00 that the Superintendent’s annual
base salary shall be raised by two (2%) percent at the beginning of each fiscal year, beginning
July 1, 2017, provided the Superintendent achieves an overall performance evaluation of
“proficient” or “distinguished”; and

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WHEREAS, the Agreement provides at Section 4.03 that the Superintendent’s initial
performance evaluation shall occur on or before December 31, 2017, so as to coincide with the
assessment period used for Act 93 personnel; and

WHEREAS, given that no evaluation of Superintendent’s performance will have been


completed by July 1, 2017, so as to trigger the award of a two (2%) percent increase to
Superintendent’s annual base salary, the Board of School Directors and Superintendent desire to
amend Section 6.00 of the Agreement to provide that Superintendent’s annual base salary may
be adjusted the beginning of each calendar year, beginning January 1, 2018, provided the
Superintendent achieves an overall performance evaluation of “proficient” or “distinguished” for
the prior calendar year.

NOW, THEREFORE, the parties hereto, each intending to be legally bound and in
consideration of the mutual covenants herein contained, agree as follows:

1. Amendment. Paragraph 6.00(A) of the Agreement is hereby amended to read as


follows:

6.00 The Board of School Directors and District Superintendent agree to the
following terms and conditions as they relate to District Superintendent’s employment:

A. During the first year of this Agreement, District Superintendent’s annual


base salary shall be One Hundred Seventy Thousand ($170,000.00)
Dollars. At the beginning of each calendar year, beginning January 1,
2018, (and each subsequent January 1st thereafter during the Term of this
Agreement) the District Superintendent’s annual base salary (not to include
annual incentive pay payable under Paragraph 6.00(C) herein) will be
raised by two (2%) percent. Annual base salary increases will only be
awarded if the District Superintendent received an overall performance
evaluation of “proficient” or “distinguished” for the prior calendar year under
Section 4.03 above.

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2. Balance of Agreement. All other terms and conditions of the Agreement shall be and
remain in effect, and the Agreement is only amended as specifically provided in this First
Amendment.

IN WITNESS WHEREOF, the parties, individually and by its duly authorized officers,
have caused this Agreement to be signed and delivered, in duplicate, as of the day and year
first above written.

School District:

ATTEST: Cumberland Valley School District

By:
Michael Dieffenbach, Secretary Michael Gossert, President
Board of School Directors Board of School Directors

District Superintendent:
WITNESS:

Frederick S. Withum, III, Ed.D


Name:

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