HomeMy WebLinkAboutRes 03-01 WA Head of School Contract Brizuela WESTLAKE ACADEMY
RESOLUTION NO. 03-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF WESTLAKE
ACADEMY AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ENTER
INTO A CONTRACT WITH THE HEAD OF SCHOOL.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WESTLAKE
ACADEMY:
SECTION 1: That the Board of Directors of Westlake Academy does hereby
authorize the Chief Executive Officer to enter into a contract with the Head of School in
the form attached here as Exhibit A.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 14TH DAY OF APRIL 2403.
9'4� AluldAP-4j,
ATTEST: Scott Bradley, Chairman
Ginger Crosswy, Secretary Trent O. Petty, Chief Exec five Officer
APPROVED AS TO,FO
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HEAD OF SCHOOL CONTRACT
THE STATE OF TEXAS §
TOWN OF WESTLAKE §
This contract of employment ("Contract") is made and entered into on the 14 day of
April 2003 between the Board of Directors of the Westlake Academy("WLA"), an open-
enrollment charter school created and operating in Westlake, Texas pursuant to the laws of
the State of Texas., and Barbara Ann Lilly de Brizuela("Head of School").
WITNESSETH:
1. Employment. WLA 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 by WLA from time to time, and which performance meets expectations and
presents no significant problems, in accordance with the duties as required by her contract,
the charter school laws of the State of Texas and such rules, regulations and policies as may
be promulgated by WLA. Head of School shall, at all times during the term of her contract,
meet WLA qualifications as well as such other certificates as may be required by law or
educational policies of the WLA.
- - -Any determination that Head of School's performance does not meet
expectations or constitutes a significant problem shall be based upon actual evidence of
such deficiency. No action shall be taken against Head of School as a result of her
performance not meeting expectations or because same represents a significant problem
unless WLA first notifies Head of School of its complaint and Head of School is given a
reasonable opportunity to amend such deficiency.
3. Reassignment. During the term of this Contract, Head of School may not
be reassigned from the position of Head of School,to another position,without Head of
School's express, prior, written consent.
4. 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 WLA,
which consent shall be in the sole discretion of the WLA.
WLA may terminate this contract and dismiss Head of School during the term of her
contract only for good cause. For the purposes of this contract, "good cause" shall mean:
a. conviction of a felony or another crime involving moral turpitude;
b. violation of the terms of her contract;
C. failure of Head of School to hold and maintain valid certificates
required by the State of Texas, or the WLA;
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 (6) months;
e, death of Head of School; or
f. the mutual agreement of Head of School and the Board of Directors
to terminate the contract.
Should this Contract be terminated pursuant to this Section 4, WAL shall not be required to
pay the Head of School the remaining Salary(defined below). Rather, WLA shall pay the
proportionate amount of Salary accrued by the Head of School through the date of
termination.
5. Term. Head of School is hereby employed for a term of two (2) years, consisting
of the 2003-2004 and 2004-2005 school years, commencing on July 1, 2003 and ending
June 30, 2005. Salary will be paid as of July 1, 2003 but Head of School will report for
work on July 21, 2003, It is the intention of both parties to extend thereafter the validity of
this contract for another two-year period. A written agreement in this sense should be
reached six months before the expiration of this as well of any other further extended term.
6. Salary. As compensation for Head of School's services, WLA-agrees to pay Head
of School an annual salary as follows:
For the 2003-2004 school year- $ 130,000
For the 2004-2005 school year- $ 130,000
The annual salary to be paid Head of School each year shall be paid in twelve (12) equal
monthly installments. The first monthly salary payment to Head of School is due and
payable on August 1, 2003, with subsequent payments to be made to Head of School on the
first day of each succeeding month hereafter during the term of her contract, except that the
final payment due under her contract shall be due and payable to Head of School on June
30, 2005.
7. Automobile Allowance and Expenses. In addition to the Salary, WLA shall pay
Head of School an automobile allowance in the amount of $600 per month for the term of
this Contract. Such an amount will be paid at the beginning of each month.
8. - Expenses. -WL-A.shall pay or reimburse Head of School for reasonable expenses
incurred in attending approved professional meetings and conferences, and for another
reasonable expenses essential to the discharge of her assigned duties.
9. Professional Legal Liability Insurance. WLA shall obtain, and pay premiums for
Professional Legal Liability Insurance. Head of School shall be named as additionally
insured in the policy of Professional Legal Liability Insurance obtained and maintained by
the WLA.
10. Other Benefits. In addition to the other compensation and benefits set forth in her
contract, WLA agrees to provide Head of School the following other benefits, at no cost to
Head of School: WLA will pay 100% of health insurance and dental premium costs for
Head of School and her spouse. WLA agrees to pay life insurance premiums for Head of
School consistent with the plan offered to all other employees. WLA agrees to pay for or
reimburse one (1)round trip air-fare ticket not to exceed$1,000 per year.
11. Moving Expense. In addition to the other compensation and benefits set forth in her
contract, WLA agrees to pay a one-time lump sum of$20,000 to Head of School to help
defray moving and installation costs to and in Texas. This Moving Expense shall be paid to
the Head of School in two installments, the first due August 1St, 2003 for$10,000 and the
second on or before August 30, 2003. Head of School does not have to render any accounts
for Moving Expenses.
12. 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 writing
activities and speaking engagements, and, to the extent approved in advance by the WLA,
shall be paid and receive reimbursement of expenses by WLA or may be paid an
honorarium for such consultant services, in which event WLA 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 WLA.
13. Professional Growth Benefits. Head of School shall devote Head of School's
time, attention, and energy to the direction, administration, and supervision of WLA. The
Board of Directors of the WLA, 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 another memberships necessary to maintain and improve Head
of School's professional skills. WLA shall bear the costs and expenses for any such
attendance or membership.
Vacation shall be in accordance with standard practice for schools in the district, WLA
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 WLA regular summer recess.
14. Indemnity. To the extent allowed by law, the WLA 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 her 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 her 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.
15. 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 tens of the contract.
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: jc7 AM4 - , 2003.
ATTEST: WESTLAKE ACADEMY
By:
Trent Petty, Chief x cutive Officer
State of -X
County of � ,4
Before me on this day personally appeared Trent Petty, Chief Executive Officer, known to
me to be the person(s) whose names are subscribed to the foregoing instrument and who
being by me duly sworn, under oath, say that the instrument as drawn reflects accurate
circumstances.
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Barb, Ann L' ly de Brizuela
Country of Argentina
Province of Buenos Aires
Before me on this day personally appeared Barbara Ann Lilly Brizuela, known to me to be
the person(s) whose names are subscribed to the foregoing instrument and who being by me
duly sworn, under oath, say that the instrument as drawn reflects accurate circumstances.
Notary
Date .2 o o,�
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GINGER DCROSSWY NotaSTATE cW K My Comm.E