STATE OF TEXAS 8 5 COUNTY OF GUADALUPE § ‘SUPERINTENDENT'S CONTRACT. ‘THIS AGREEMENT is made and entered into by and between the Board of Trustees (the "Board of the SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT (the “Distrit”) and Clark C.Ealy (the "Superintendent NOW THEREFORE, the Board and the Suporintendent, for and in consideration of the terms hereinafter established and pursvantto Section 11.201 (b) and Chapter21, Subchapter E, Texas Education Code, have agreed, and do hereby agree, s follows: |The Board agrees toemplay the Superintendent ona twelve-month bess fora term commencing July 1, 2022, and ending June 31,2025 2. This Agreement is condtioned on the Superintendent providing the necessary centficstion and experience records, medical records, and other records required for ditt personnel files o pay purposes acconting to district policy, State Board for Educator Certiiction rules, and Texas Education Agency rules. Failure to provide necessary certification shall render this Agreement void ‘Any material mistopresenation may be grounds for dismissal 3, The Superintendent shall perform the duties of Superintendent of Schools for the District as prescribed in stat law, thejob description and as may be assigned bythe Board. The Superintendent ‘hal porform those duties with rnsonablo car, skill and diligence, The Superintendent shal omy with all Board directives, Board polices, state and federal law and rules, district policy, and regulations as they exist or may hereafter be amended. Texas law shall govern construction ofthis Agreement, 4. The Superintendent agrees to devote his time, skill, labor, nd attention to performing his dates, but may, with prior written consent of the Board, undertake consulting work, speaking engagements, ‘writing, lecturing, and other professional duties and obligations that do not conflict ar interfere with the Superintendent's profesional responsibilities tothe Distt. The decisions ofthe Board ae final 5. The Board agrees to pay te Superintendent an annual salary and other compensation as follows: 8) Solary: The Distt shall provide the Superintendent with an annual salary inthe sum of| ‘to hundred fifty-six thousand, three hundred seveny-four dollars ($256,374.00). This ‘annual salary rate shall be paid to the Superintendent in equal monthly installments, consistent wit the Boats policies, 1) Salary Adiustivets: At any time daring the term ofthis Agreement, the Board me its diseeton, view and adjust the salary of the Superintendent, but inno event shall the ‘Superntenden: be pad less than the salary’ so forth in Paragraph Sa) ofthis Agreement, Page 1 of 8©) Other Renefie (1) Business Espenses: The Distiet will pay or reimburse the Superintendent for reasonable expenses directly incured by the Superintendent in the continuing petformace of the Superintndent’s duties under this Agreement, The District ‘agrees to pay the actual and incidental cost incurred by the Superintendent for travel ‘outside te District; such costs may include, but are not limited to, gasoline, hotels tnd acccmmodations, meals, rental car, and other expenses incured in the porformance of the business ofthe District. ‘The Superintendent shall comply witha rovers and documentation requirements in accordance with Board poi. {@) Insurance: The District shal pay the same premiums for medical insurance coverage for the Suporntendont and his family pursuant to the group health eare plans) provides bythe distet for its administrative employees. oe Teacher Retirement System of Texas: The District shall supplement the ‘Superintendent’ annual sary by an amount equal to the Superintendents potion oF the monthly member contribution to the Texas Teacher Retirement System (“TRS”). This supplement salary shal include both the retirement and TRS Care portions of the TRS member contribution, in the percentage amount requized by TRS for the ‘account ofthe Superintendent, This additonal slay supplement shall be paid tothe Superintendent in regular monthly payroll installments and shall be reported as “creditable compensation” by the District to TRS. o Automoble: Travel cutie of the Distt wil be retmhursd in secondance with section S((1) ofthis contract and with Board policy. (5) Leave Days, Holidays; Sick Leave: Leave Days taken by the Superintendent willbe en at such time of times as will least interfere with the performance of the Superintendent's duties as set foth inthis Agreement. The Superintendent shall ‘observe the same legal holidays as provide by the Board policies for administrative employees on twolvesonth contacts, The Superintendent is hereby granted the same nunber of illness benefits and leave as authorized by Board policies for ‘administrative employees om twelve-month contracts. The Superintendent shall receive ational days granted to constite a owo-wook vacation, consisting of lave days, (6) Profesional—Growih/Membership: The Superintendent shall devote the Superintendent's time, attention, and energy to the direction, administration, and supervision of the District. The Board, however, encourages the continued professional growth of the Superintendent through the Superintendent's ative atendanee at and participation in sppropriate professional meetings at the local, ‘regional, state and national levels. The Board shall encourage the use of data and information sources, and shall encourage the participation of the Superintendent in pertinent education seminars and courses offered by public or private institutions or Page2of6by educational associations, as well as the participation in informational meetings ith those individuals whose particulae skills, expertise, or backgrounds would serve to improve the capacity of the Superintendent to perform the Superintendents profession responsibilities for the District. In its encouragement of the ‘Supernterdentto grow professionally, the Board shall permit reasonable amount of release tine for the Superintendent as the Superintendent and the Board deem appropriat, to attend such seminars, courses or mostings. “The Distr shall pay the Superiterdents membership dues to the American Association of ‘School ‘Administrators and the Texas Association of School Administrators, a5 well as other memberships necessary to mainain and improve the Superintendent's professional skill, The Distt shall bear th reasonable cost and expense for tegstration, travel, meals, lodaing, and other related expenses fr such attendance and membership. (1) Civic Aetities. The Board encourages the Superintendent to become « member of nd partie pate in community and civ alr, including the chamber of commerce, civic eluts, governmental committes, and educational organizations. The Board concludes that such participation will sore a legitimate purpose related to the ‘education mission of the Distet. The Superintendent may hold offices or accept responsibilities in these professional organizations, provided that such responsibilities do not inerfere with the performance of his duties as Superintendent. Prior to engaging in these atvitis, the Superintendent will not the Board in writing ofthe activity. “he Board will notify the Superintendent ifthe activity presents confit. or interferes with the performance of his duis as Superintendent. The Distt shall reimburse the Superintendent for the cost of membership in all local civie organizations in which the Superintendent participates and related travel outside of the Distr, subject to advance Board approval (8) Legal Defense and indemnification. (1) Legat Defense. The District shall provide a legal defense tothe Superintendent in ‘connccticn with ay and all demands, claims, sits, actions, or any legal procesdings ‘brought against the Superintendent in an official capacity, for sets or omissions ‘occurring within the course and scope ofthe Superintendents employment, tothe cexent pamitted by law, The District shall indemnify the Superintendent against any and ll awards, judgments, setlements, or any form of monetary compensation arising oat of any demand claim, sit, action, oF legal proceeding brought against the Superintendent, in an official capacity, for ats or omissions occurring within the course ard scope ofthe Superintendent's employment, to the extent permitted by law, @) Dispute with Disrie. The Boatd. shall not provide & legal defense or indemnification for any demand, claim, sul, action, oF any legal proceeding between the Superintendent and the District, its agent, servants, employees, oF subordinates. Page 3 0f6@) Misconict. Notwithstanding anything in this Section of in the Contact tothe contrary, the District shall not be obligated to defend or indemnify the Superintendent inthe even iti determined that the demand, claim, sit, action, of legal prcceeding against the Superintendent isthe result of: () An acto omission that involves intentional misoonduet or a knowing. violation of the law; or (i) A transactin fiom whieh the Superintendent received an improper benefit. (4) Insuronce, The Distot may full ts obligation under this Section by purchasing insuranes coverage a determined by the Board 66. The Superintendent cannot be reassigned from the postion of Superintendent to snother position Without the Superintendent's consent. 1. Ansa Bvalvation, (@) Time and Basis of Evaluation, The Board shall evaluate and assess in writing the Supotintendert'srerformanee atleast once each year daring the term ofthis Agreement. The evaluation format and procedure shall comply with Board policy and state and federal lw. The Board's evalition and assessment ofthe Superintendent shall be reasonably related to the duties ofthe Superintendent as outlined in the Supetintendents job description and shall be based at leas in part on the Distiets progress towards aceamplishing the written District Goals as agreed 01 by the Superintendent and Boar ©) Confidentiality. Unless the Superintendent expressly requests otherwise in weiting, the ‘evaluation of the Superintendent shal a all imes be conducted in executive session and shall be considered confidential tothe extent permitted by lv, Nothing herein shall prohibit the Boatd or the Superintendent from sharing the content ofthe Superintendent's evalation with thee respective egal counsel (©) Evaluation Format and Procedures. The evaluation format and procedure shall be in sccordance with the Board's policies and state and federal lav. Upon completion of the ‘evaluation by the Boar, the Board shall meet with the Superintendent to discuss the ‘valuation. Inthe event the Board deems that the evaluation instrument, Format, andlor procedure isto te modified by the Board and such modifications would require new or Aitferent performance expectations, the Superintendent shall be provided reasonable period of time to demonstrate such expected performance before being evaluated 8. The Board may dismiss she Superintendent at any time for good cause in accordance with Texas cieation Code Sections 21.211, 21.212(@), Board poiey, and applizable Texas law, The Board may also place the Superintencent on administrative leave with pay at any time the Board deems ito bein the District's bes intrest. 9, This Agreement shall be tenminated upon the death of the Superintendent or upon the ‘Superintendents retirement ander the Teachers Retirement System of Texas Page 4 of 8“The Superintendent andthe Board may agre in wring to terminate this Agreement pursuant to any ‘mutually agreed upon ters and conditions. 1, Renewal or nonrenewal ofthis Agreement shall be in accordance with Texas Education Code Chapter 21, Subchapter E, and Boat policy 12 At any time during the contract term, the Board may, in its discretion, reissue the contract for an ‘extended term. Failure to reissue the contract for an extended term shall not constitute nonrenewal ‘under Board poi 13, The Superintendent may kave the employment of the Distict atthe end of school yeur without penalty by fling @ writer resignation with the Board. ‘The resignation must be addressed to the Board and filed not later tan the 45 day before the frst day of instruetion ofthe following school ‘year. The Superintendent may resign, with the consent of the Boar, at anyother time, 14, The Board has not adopted any policy, rule, regulation, law, or practice providing for tenure, No right of tenure is ereated by this Agreement. No property interest, express or implied, is created in continued employment beyond the contac erm, 15, Board Meetings. ‘The Superintendent shall attend, and shall be permitted to aten, all metings ofthe Board, both public and closed, with the exception of those closed meetings devoted 10 the consideration of any actor of lack of ation on the Superintendent's Contractor the Superintendent's evaluation, or the discussion of Board officer elections, or fr purposes of resolving conflicts between individual Board members, or when the Board i acting in its capacity as a tbunal, Inthe event of illness of Board-approved absence, the Superintendents designee shall attend such mestings, 16, The Superintendent agres to reside a ll times within the geographical boundates of the Schertz- Cibolo-Universal City Incependent School Distit during the existence of this Contact and any amendments thereto, 17 Inthe event any one o¢ more ofthe provisions contained inthis Agreement shal, for any reason, be held to be invali illegal, or unenforceable, such invalidity, illegality, or unenforceability s affect any other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision bad never been contained herein, All existing agreements and contracts, both verbal and written, between the parties hereto regarding the employment of the Superintendent have been superseded by iis Agreement, and this contact constitutes the entire agreement between the partes. This Agreement may not be amended except by writen agreement ofthe partis, 18, The offer wil expire unles signed and returned tothe Board or its authorized representative by 5:00, pam the twenty-ninth dy of July 2022. this {9 ay of Page sfGerald Perkins President, Board of Trustees ih Signed this day of luly, 2022 L: Chk C. Bayh, Page 8 of