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HomeMy WebLinkAboutRes 08-07 WA Employment Contract Head of School Rosevear WESTLAKE ACADEMY RESOLUTION NO. 08-07 AUTHORIZING THE PRESIDENT OF THE BOARD OF TRUSTEES TO EXECUTE A CONTRACT ON BEHALF OF THE ACADEMY WITH THE SOLE FINALIST TO BECOME THE NEW HEAD OF SCHOOL WHEREAS, a search committee consisting of residents of the Town, members of the Westlake Academy faculty, parents of students attending the Academy, the Head of School, and members of the Board of Trustees, acting as the Head of School Search Committee, interviewed candidates from around the world who applied to succeed the retiring Head of School,Barbara Brizuela; and WHEREAS, the Search Committee made recommendations for finalist candidates to the Board of Trustees for its consideration; and WHEREAS, the Board of Trustees, after conducting interviews with the candidates, unanimously believes that Mr. Mark Rosevear should be appointed as the new Head of School; and WHEREAS, Mr. Rosevear is prepared to begin duties as Head of School in May, 2008, pending visa and travel confirmations, allowing him to train with Ms. Barbara Brizuela, the current and retiring Head of School whose term will expire June 30, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WESTLAKE ACADEMY: SECTION 1: The Board of Trustees finds that the proposed contract attached hereto is in the best interests of the Academy and the Town. SECTION 2: The contract is hereby approved, and the President of the Board of Trustees is authorized to execute the contract with Mr. Rosevear on behalf of the Academy. PASSED AND APPROVED ON THIS 14TH DAY OF APRIL 2008. Ca.c� Scott Bradley,-President ATT T: Sutter, Board Secretary Barbara Brizyela, Head of School l` APPROVED AS TO ORM: I tan to B d Attorney HEAD OF SCHOOL CONTRACT THE STATE OF TEXAS § TOWN OF WESTLAKE § This document constitutes the employment agreement dated the 14th day of April 2008, between the Board of Trustees of Westlake Academy ("WA"), an open-enrollment charter school created and operating in Westlake, Texas pursuant to the laws of the State of Texas., and Mark Andrew Rosevear("Head of School") (the "Contract"). WITNESSET14: 1. Employment. WA hereby employs Head of School in and for the Westlake Academy. 2. Duties of Head of School. Head of School shall, in consideration of the salary stipulated herein, and other provisions of this Contract, perform the duties and responsibilities of Head of School in accordance with performance indicators which may be adopted or directed by WA from time to time, and which performance meets expectations and presents no significant problems, in accordance with the duties as required by the Contract, the charter school laws of the State of Texas and such rules, regulations and policies as may be promulgated by WA. Head of School shall, at all times during the term of the Contract, meet WA qualifications as well as such other certificates as may be required by law or educational policies of the WA. Any determination by the WA that Head of School's performance does not meet the terms and conditions of the Contract, WA expectations, or constitutes a significant problem shall be based upon actual evidence of such deficiency as more specifically described in Section 3, below. No action shall be taken against Head of School as a result of his performance not meeting expectations or because same represents a significant problem unless WA first notifies Head of School of its complaint and Head of School is given a reasonable opportunity to amend such deficiency. 3. Termination. During the term of this Contract, Head of School shall not be allowed to terminate this Contract without first obtaining the prior written consent of WA, which consent shall be in the sole discretion of the WA. WA may terminate this Contract and dismiss Head of School during the term of the Contract only for cause as defined herein. "Good cause" shall mean; but not limited to: a. conviction of a felony or another crime involving moral turpitude; b. violation of any term or condition of the Contract; C. failure of Head of School to hold and maintain valid certificates required by the State of Texas, or the WA; d. disability, not otherwise protected by law, that impairs performance of the required duties of Head of School for a continuous period in excess of six (b)months; e. death of Head of School; or f. the mutual agreement of Head of School and the WA to terminate his Contract. Should this Contract be terminated pursuant to this Section 3, WA shall not be required to pay the Head of School the remaining Salary (defined below). Rather, WA shall pay the proportionate amount of Salary accrued by the Head of School through the date of termination. 4. Terms. Head of School is hereby employed for a term of two (2) years, consisting of the 2008-2009 and 2009-2010 school years, commencing on July 1, 2008 and ending June 30, 2010. The parties agree to negotiate a possible extension of this Contract prior to its expiration. To this end, negotiations will begin no later than six (6) months prior to the expiration of the Contract. Provided, however, that the parties understand and acknowledge that no extension is required or entitled by the Contract. 5. Salary. As compensation for Head of School's services, WA agrees to pay Head of School an annual salary as follows: a. For the 2008-2009 school year- $ 130,000 b. For the 2009-2010 school year — compensation will be evaluated prior to the end of the 2008-2009 school year C. A partial year pro-rated salary (based on the Salary in Section 5.a, above) will begin May 19, 2008 and expire on June 30, 2008 The Salary to be paid Head of School each year shall be paid in twenty-six (26) bi-weekly installments. The performance of the Head of School will be reviewed at least annually by the Board of Trustees and the Town Manager. The Board may increase the Salary at its sole discretion at any time during the term of the Contract. In no circumstances however will the Board reduce Salary. 6. Automobile Allowance. In addition to the Salary, WA shall pay Head of School an automobile allowance in the amount of$500 per month, beginning with a partial month payment, effective May 19, 2008. 7. Expenses. WA shall pay or reimburse Head of School for reasonable expenses incurred in attending approved professional meetings and conferences, and for other reasonable expenses essential to the discharge of his assigned duties. S. Professional Leval Liability Insurance. WA shall obtain and pay premiums for Professional Legal Liability Insurance. As an employee of WA, Head of School is an insured covered party as defined within the General Liability and Umbrella policies, as applicable. 9. Other Benefits. In addition to the other compensation and benefits set forth in this contract, WA agrees to provide Head of School the following additional benefits: all retirement benefits, health, dental, life and disability insurance offered to all other employees of the WA; WA agrees to pay $2000 per year for personal travel allowance, payable upon request annually; WA agrees to pay a $25,000 one-time relocation assistance (payable in 2 equal payments, effective May 19, 2008 and at start of school year); WA agrees to pay up to nine (9) round trip Coach airline tickets for relocation and moving purposes. WA will also provide a cell phone or personal digital assistant for official WA business. Additionally, all school-age children of the Head of School shall be eligible to attend the WA so long as the Head of School is employed by the WA. 10. Consultant Activity. To the extent not inconsistent with duties of Head of School, Head of School may serve as consultant to other International Baccalaureate schools, colleges and universities, or educational agencies or groups, lecture, engage in 2 writing activities and speaking engagements, and, to the extent approved in advance by the WA, shall be paid and receive reimbursement of expenses by WA or may be paid an honorarium for such consultant services, in which event WA shall not be obligated to pay such expenses. Consultation provided by Head of School under the terms and conditions of this paragraph must be consistent with state and federal law, and any policies of the WA. 11. Professional Growth Benefits. Head of School shall devote Head of School's time, attention, and energy to the direction, administration, and supervision of WA. The Board of Trustees of the WA, however, encourages the continued professional growth of Head of School through Head of School's active attendance at and participation in appropriate professional meetings at the local, regional, state, national and international levels. The Board shall encourage the use of data and information sources, and shall encourage the participation of Head of School in pertinent education seminars and courses offered by public or private institutions or by educational associations, as well as the participation in informational meetings with those individuals whose particular skills, expertise or backgrounds would serve to improve the capacity of Head of School to perform Head of School's professional responsibilities for the District. In its encouragement of Head of School to grow professionally, the Board shall permit a reasonable amount of release time for Head of School to attend and/or participate in such seminars, courses, or meetings. The District shall pay Head of School's membership dues in the American Association of School Administrators and the Texas Association of School Administrators, as well as other memberships necessary to maintain and improve Head of .: School's professional skills. WA shall bear the costs and expenses for any such attendance or membership. 12. Vacation. Vacation shall be in accordance with standard practice for schools in the surrounding school districts, WA school year calendar and responsibilities related to the position of Head of School. However, Head of School shall be entitled to have a minimum of twenty-four working days of vacation per year during WA regular summer recess. 13. Indemnity. To the extent allowed by law, the WA agrees to, and does, indemnify, defend, and hold Head of School harmless of and from any loss and/or liability of any nature alleged against Head of School individually, or in his capacity as Head of School, arising as a result of Head of School's performance of the duties of Head of School, provided, however, that his indemnity does not, and shall not, extend to damages resulting from a final determination that Head of School has committed an act of gross negligence, intentional act or illegal act. 14. Miscellaneous. Controlling Law. This Contract shall be governed by the laws of the State of Texas and is performable in Tarrant County, Texas. Complete Agreement. This Contract embodies the entire agreement between the parties hereto and cannot be varied except by written agreement of the undersigned parties. Conflicts. In the event of any conflict between the terms, conditions, and provisions of this Employment Contract and the provisions.of the Board's policies, or any permissive state or federal law, then, unless otherwise prohibited by law, the terms of this Contract shall take precedence over the contrary provisions of the Board's policies or any such permissive law during the term of the contract. 3 Savings Clause. In the event any one or more of the provisions contained in this Contract shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. All existing agreements and contract, both verbal and written, between the parties hereto regarding the employment of Head of School have been superseded by this Contract, and this Contract constitutes the entire agreement between the parties unless amended pursuant to the terms of this Contract. DATED THIS IO DAY OF APRIL, 2048. By: By: Scott Bradley Mark Andrew Rosevear President, Board of Trustees Westlake Academy ATTEST: Ki Sutter,TRMC, Town Secretary Thomas E. Brym , Town Manager APPROVED AS T ORM: L. tanto T Attorney 4