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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 .Y 1 L'." tori 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. \\\\\\5\\tri t tti I a I I t rf rlfiff�„f�� 4 D Notary �,.pU g • V _ Q� {,y• _date 4-/ -zz-yI ATTEST: ''f��,,,, i-12 \,,,• yyyyyyjjfjjf rf�!lllkll ltl llil4ll�\�\\ 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,� A GINGER DCROSSWY NotaSTATE cW K My Comm.E