Acting Superintendent Contract This Contract is entered into between the Board of Trustees (the “Board”) of FAIRFIELD INDEPENDENT SCHOOL DISTRICT (the “District”) and TONY PRICE (“Price”). The Board and Price, for and in consideration for the terms stated in this Contract, hereby agree as follows: 1.
Term. The Board agrees to employ Price on a temporary basis beginning February 27, 2017, until either (a) the termination of this Contract by either party in accordance with Paragraph 6; (b) a new Superintendent is hired and starts work at the district; or (c) the Parties agree to a specific ending date, whichever occurs first.
2.
Certification and Credentials. This Contract is conditioned on Price satisfactorily providing the necessary certification and experience records, and other records required by law, District policy, State Board for Educator Certification (SBEC) rules, and Texas Education Agency (TEA) rules. Failure to provide necessary certification shall render this Contract void.
3.
Representations. At the beginning of this Contract, and at any time during this Contract, Price agrees to submit to a review of his national criminal history record information (NCHRI) if required by the District, TEA, or SBEC. Price also agrees to notify the Board, in writing, of any arrest or of any indictment, conviction, no contest or guilty plea, or other adjudication of Price, before or during the term of this Contract.
4.
Duties. Price agrees to perform the duties of superintendent for the duration of this Contract on a temporary basis. Price will work a less than full-time schedule as necessary for the completion of his duties or otherwise upon request by the Board President. The parties understand that, in light of Price’s status as a retiree of the Texas Teacher Retirement System (TRS), the District may incur monetary penalties or surcharges as a result of Price’s employment. The District agrees to accept responsibility for the payment of any such penalty or surcharge during the term of this Contract.
5.
Compensation. The District agrees to pay Price the daily rate of Five Hundred Thirty-One Dollars ($531.00) for each day worked during the term of this Contract, less all appropriate taxes and withholding. Price will be paid in accordance with the District’s normal payroll schedule. Price will provide his own health insurance coverage at his own expense, and will not be eligible for any other District benefits.
6.
Expenses. The District shall provide Price with an in-District travel allowance in the sum of $200 per month for each full month of service. The District shall pay or reimburse Price for reasonable expenses directly incurred by Price in the continuing performance of the Acting Superintendent’s duties under this Contract for out of District travel. The District agrees to pay the District-established rates for costs incurred by Price for travel; such costs may include, but are not limited to, mileage, hotels, meals, rental cars, and other expenses incurred in the performance of the business of the District. Price shall comply with all procedures and documentation requirements in accordance to Board policy.
7.
Termination and Suspension. The Parties agree that the Board or Price may terminate this
Fairfield ISD | Acting Superintendent Contract
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Contract for any reason by giving the other party written notice, as follows: Price will provide the District three weeks’ notice of his intent terminate this Contract. The District will provide Price one week’s notice of its intent to terminate this Contract. The Parties further agree that Price is being retained on a temporary or substitute basis and that Price’s relationship with the Board and the District is not governed by Texas Education Code chapter 21. 8.
Legal Defense. To the extent it may be permitted to do so by applicable law, the District does hereby agree to defend, hold harmless, and indemnify Price from any and all demands, claims, suits, actions, judgments, expenses and attorneys’ fees incurred in any legal proceedings currently pending or subsequent hereto brought against Price in his individual or official capacity as an employee and as Interim Superintendent of the District, providing the incident(s) which is (are) the basis of any claim or lawsuit, arose or does arise in the future, while Price, as Interim Superintendent and as an employee of the District, in the judgement of the Trustees, was acting within the course and scope of Price’s employment with the District; excluding, however, those claims or any causes of action where it is reasonably determined by the Board that Price committed official misconduct, or committed a willful or wrongful act or omission, or an act or omission constituting gross negligence, or acted in bad faith, with conscious indifference or reckless disregard; and excluding any costs, fees, expenses or damages that would be recoverable or payable under an insurance contract, held either by the District or by Price. A legal defense may be provided through insurance coverage.
9.
Amendment & Entire Agreement. This Contract may not be amended except by written agreement of the Parties. All existing agreements and contracts, both verbal and written, between the Parties regarding the employment of the Interim Superintendent are superseded by this Contract. This Contract, and any addenda, constitutes the entire agreement between the Parties.
10.
Severability. If any provision in this Contract is, for any reason, held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision of the Contract. This Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been a part of the Contract.
11.
Notices. Price agrees to keep a current address on file with the District’s human resources office and the Board President. Either party may meet any legal obligation it has to give written notice under the terms of this Contract by hand-delivering the notice to the other party or by sending the notice by certified mail, regular mail, and/or express delivery service to the other party’s address of record.
I have read this Contract and agree to abide by its terms and conditions: Tony Price, Acting Superintendent
Tracie Ezell, Board President
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Date signed: _______________________
Date signed: _________________________
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