Irving ISD superintendent contract
Content
RESOLUTION NO. 09-10-98 A RESOLUTION OF THE BOARD OF TRUSTEES, IRVING INDEPENDENT SCHOOL DISTRICT, APPROVING EMPLOYMENT CONTRACT WITH DR. DANA T. BEDDEN AS SUPERINTENDENT OF SCHOOLS, PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT, AND DECLARING AN EMERGENCY
WHEREAS, Resolution No. 09-10-80 as enacted on February 18, 2010, designated and selected Dr. Dana T. Bedden as the lone finalist to be considered for the position of Superintendent of Schools for the District; and WHEREAS, the President of the Board of Trustees was requested and authorized by Reso lution No. 09-10-80 to discuss terms and conditions of a suitable employment contract with the designated finalist; and WHEREAS, Public Notice was given and posted for at least 21 days before the date of the meeting at which a final selection of a Superintendent of Schools would be made by the Board of Trustees; and WHEREAS, the President ofthe Board of Trustees has reported that discussions of an appropriate employment contract with Dr. Bedden have been successful and has submitted a proposed employment contract with Dr. Bedden recommending it be approved substantially in the form of Exhibit "A" to this Resolution and which is incorporated herein by reference as if copied verbatim; and WHEREAS, the Board of Trustees, having given due consideration to the process of selecting a Superintendent of Schools, after applying the adopted qualifications and characteristics for the position and those of Dr. Bedden, and having considered the provisions of the submitted employment contract, desires to affirm the selection of Dr. Dana T. Bedden as the District's Superintendent of Schools and to approve an employment contract with Dr. Bedden. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE IRVING INDEPENDENT SCHOOL DISTRICT THAT:
RESOLUTION NO. 09-10-98
Page 1 of2
Section 1: The above and foregoing recitals be, and are hereby, found to be true and correct and are incorporated into the body ofthis Resolution as if copied verbatim. Section 2: Dr. Dana T. Bedden be, and is hereby, designated and selected by the Board of Trustees as Superintendent of Schools for the Irving Independent School District. Section 3: The Contract of Employment with Dr. Dana T. Bedden substantially in the form of Exhibit "A" to this Resolution be, and is hereby, approved. Section 4: The President of the Board of Trustees be, and is hereby, authorized to execute the Contract of Employment as hereby approved. Section 5: It is hereby officially found and detenruned that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of the meeting was given and posted, all as required by Chapter 551, Tex Gov't Code, as amended. Section 6: Whereas, an emergency is apparent for the immediate preservation of order, health, safety, and general welfare of the public that requires this Resolution to become effective immediately; therefore, it shall be effective from and after the date of its passage, and it is so enacted. IT IS SO ORDERED. PASSED, APPROVED AND ENACTED by the Board of Trustees of the Irving Independent School District, Irving, Texas, at a Special Called Meeting of the Board of Trustees, on the 12th day of March, 2010.
Jerry Christian, President Board of Trustees Irving Independent School District
ATTEST:
APPROVED AS TO FORM:
Nancy Jones, Secretary Board of Trustees Irving Independent School District
James W. Deatherage Legal Counsel to Board of Trustees Irving Independent School District
RESOLUTION NO. 09-10-98 Page 2 of2
SUPERINTENDENT'S EMPLOYMENT AGREEMENT
§ § § EMPLOYMENT AGREEMENT
BETWEEN THE BOARD OF TRUSTEES OF IRVING INDEPENDENT SCHOOL DISTRICT AND DANA T. BEDDEN
ST ATE OF TEXAS
COUNTY OF DALLAS
§
This SUPERINTENDENT'S EMPLOYMENT AGREEMENT ("Agreement") is made and entered into effective the 1sl day of July, 2010, by and between the Board of Trustees (the "Board") ofthe Irving Independent School District (the "District") and Dana T. Bedden ("S uperintendent").
RECITALS
WHEREAS, the Board desires to provide the Superintendent with a written employment contract in order to enhance administrative stability and continuity within the school district, which the Board believes generally improves the quality of its education program; and WHEREAS, the Board and the Superintendent believe that a written contract is necessary to describe specifically their relationship and to serve as the basis for effective communication between them as they fulfill their respective duties and responsibilities in the operation ofthe school district and its various schools; and WHEREAS, the Superintendent has represented that he has disclosed to the Board, in writing, any arrest, indictment, conviction, no contest or guilty pleas, or other adjudication of the Superintendent, and understands that a criminal history record acceptable to the Board, at its sole discretion, is a condition precedent to this Agreement; and WHEREAS, the Superintendent has represented that any records or information provided in connection with his employment application was and are true and correct, and that any false statements, misrepresentations, intentional omissions ofrequested information, or fraud by the Superintendent in or concerning any required records or in the employment application may be grounds for termination or nonrenewal of his employment with the District and this Agreement.
WITNESSETH
NOW, THEREFORE, the Board and the Superintendent, for and in consideration of the tenns hereinafter established and pursuant to Chapter 21, Subchapter E, and Section 11.20 1(b) 0 f the Texas Education Code, have agreed, and do hereby agree, as follows:
I.
Term
1.1 Term. The Board, by and on behalf ofthe District, does hereby employ the
EXHIBIT "A" to Resolution No. 09-10-98 Page I of 10
Superintendent, and the Superintendent does hereby accept employment, as Superintendent of Schools for the District for a term ofthree (3) years, commencing on July 1, 2010, and ending on June 30, 2013. The District may, by action of the Board and with the consent and approval ofthe Superintendent, extend the term of this Agreement as permitted by state law. Failure to reissue the Agreement for an extended term shall not constitute nonrenewal under Board Policy. 1.2 No Tenure .. The Board has not adopted any policy, rule, regulation, law, or practice providing for tenure or expectancy of continued employment. No right oftenure is created by this Agreement. No property interest, express or implied, is created in continued employment beyond the term of this Agreement.
II.
Employment
2.1 Duties. The Superintendent is the educational leader and chief executive officer of the District and shall faithfully perform the duties ofthe Superintendent of Schools for the District as prescribed in the job description ofthe position and adopted Board Policies, and shall comply with all lawful Board directives, state and federal law, District policy, rules and regulations as they exist or may hereafter be amended and as may be lawfully assigned. The Superintendent shall perform his duties with reasonable care, skill, diligence and expertise. All duties assigned to the Superintendent by the Board shall be appropriate to and consistent with the professional role and responsibility ofthe Superintendent. The duties of the Superintendent include, but are not necessarily limited to, the following: 2.1.1 assuming administrative responsibility and leadership for the planning, organization, operation, supervision, and evaluation ofthe education programs, services, and facilities of the District and for the annual performance appraisal of the District's staff; 2.1.2 except as provided by Section 11.202 Tex Educ Code assuming administrative authority and responsibility for the assignment, supervision, and evaluation of all personnel of the District other than the Superintendent; 2.1.3 overseeing compliance with the standards for school facilities established by the Commissioner under Section 46.008 Tex Educ Code; 2.1.4 initiating the termination or suspension of an employee or the nonrenewal of an employee's term contract; 2.1.5 managing the day-to-day operations of the District as its administrative manager including implementing and monitoring plans, procedures, programs and systems to achieve clearly defined and desired results in major areas of District operations; 2.1.6 preparing and sUbmitting to the Board of Trustees a proposed budget as provided by Section 44.002 Tex Educ Code and rules adopted under that section, and administering the budget;
EXHIBIT "A" to Resolution No. 09-10-98 Page 2 ofl0
2.1.7 preparing recommendations for policies to be adopted by the Board of Trustees and overseeing the implementation of adopted policies; 2.1.8 developing or causing to be developed appropriate regulations to implement policies established by the Board ofTrustees; 2.1.9 providing leadership for the attainment and, if necessary, improvement of student performance in the District based on the indicators adopted under Sections 39.053 and 39.301 Tex Educ Code and other indicators adopted by the Commissioner or the District's Board ofTrustees; 2.1.10 organizing the District's central administration; 2.1.11 consulting with the district-level committee as required under Section 11.252(f) Tex Educ Code; 2.1.12 ensuring; 2.1.12.1 adoption ofa student code of conduct as required under Section 37.001 Tex Educ Code and enforcement ofthat code of conduct; and 2.1.12.2 adoption and enforcement of other student disciplinary rules and procedures as necessary; 2.1.13 sUbmitting reports as required by state or federal law, rule, or regulations, and the Board of Trustees; 2.1.14 providing joint leadership with the Board ofTrustees to ensure that the responsibilities of the Board and Superintendent team are carried out; 2.1.15 performing any other duties assigned by lawful action ofthe Board ofTrustees; and 2.1.16 on a day-to-day basis, ensure the implementation ofthe Policies adopted by the Board pursuant to Section 11.1512(a) Tex Educ Code. 2.2 Other Employment. The Superintendent may not receive any financial benefit for personal services performed by the Superintendent for any business entity that conducts or solicits business with the District. Any financial benefit received by the Superintendent for performing professional services for any other entity, including a school district, open-enrollment charter school, regional education service center, or public or private institution of higher education, must be approved by the Board of Trustees on a case-by-case basis in an open meeting. For purposes of this subsection, the receipt of reimbursement for a reasonable expense is not considered a financial benefit. EXHIBIT "A" to Resolution No. 09-10-98 Page 3 of10
2.3 Professional Certification. The Superintendent shall at all times during the tenn of this Agreement, and any renewal or extension thereof, hold and maintain a valid certificate required of a Superintendent by the State of Texas and issued by the State Board for Educator Certification and all other certificates required by law. 2.4 Reassignment. The Superintendent cannot be reassigned from the position of Superintendent without the Superintendent's express written consent. 2.5 Board Meetings. Unless otherwise prohibited by law, the Superintendent shall attend, and shall be pennitted to attend, all meetings ofthe Board, both public and closed, with the exception of those closed meetings devoted to the consideration of any action or lack of action on this Agreement or the Superintendent's salary and benefits as set forth in this Agreement, or the Superintendent's evaluation, or for purposes of resolving conflicts between individual Board Members, or when the Board is acting in its capacity as a tribunal. In the event of illness or Board President-approved absence, the Superintendent's designee shall attend such meetings. 2.6 Criticisms, Complaints, and Suggestions. The Board, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, and suggestions called to the Board's attention either: (a) to the Superintendent for study and/or appropriate action, and the Superintendent shall refer such matter(s) to the appropriate District employee or shall investigate such matter(s) and shall within a reasonable time inform the Board of the results of such efforts; or, (b) to the appropriate complaint resolution procedure as established by District Board policies. 2.7 Indemnification. To the extent it may be permitted to do so by applicable, law, including, but not limited to Texas Civil Practice & Remedies Code Chapter 102, the District does hereby agree to defend, hold harmless, and indemnifY Superintendent from any and all demands, claims, suits, actions, judgments, expenses and attorneys' fees incurred in any legal proceedings brought against Superintendent in the Superintendent's individual or official capacity as an employee and as Superintendent ofthe District, providing the incident(s), which is (are) the basis of any such demand, claim, suits, actions, judgments, expenses and attorneys' fees, arose or does arise in the future from an act or omission of Superintendent as an employee of the District, acting within the course and scope of Superintendent's employment with the District; excluding, however, any such demand, claim, suits, actions, judgments, expenses and attorneys' fees for those claims or any causes of action where it is detennined that Superintendent 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 Superintendent. The selection of Superintendent's legal counsel shall be with the mutual agreement of Superintendent and the District if such legal counsel is not also the District's legal counsel. A legal defense may be provided through insurance coverage, in which case Superintendent's right to agree to legal counsel provided for him depends on the terms ofthe applicable insurance contract. To the extent this Section 2.7 exceeds the authority provided and limitations imposed by Texas Civil Practice &
EXHIBIT "A" to Resolution No. 09-10-98 Page 4 ofl0
Remedies Code, Chapter 102, it shall be construed and modified accordingly. The provisions of this Section 2.7 shall survive the termination ofthis contract.
III.
Salary
3.1 Salary. The District shall provide the Superintendent with an annual salary in the sum
ofTwo Hundred Forty-Four Thousand Four Hundred and Noll 00 Dollars ($244,400.00). This annual salary rate shall be paid to the Superintendent in equal monthly installments consistent with the Board's Policies. 3.2 Salary Adjustments. At any time during the term ofthis Agreement, the Board may, in its discretion, review and adjust the salary ofthe Superintendent, but in no event shall the Superintendent be paid less than the salary set forth in Section 3.1 ofthis Agreement except by mutual agreement ofthe two Parties. Such adjustments shall be made pursuant to a lawful Board resolution. In such event, the Parties agree to provide their best efforts and reasonable cooperation to execute a new Agreement incorporating the adjusted salary.
IV.
Benefits
4.1 Vacation, Holiday and Personal Leave. The Superintendent may take, at the Superintendent's choice, with prior notice to the Board President, the same number of days of paid vacation authorized by Policies adopted by the Board for administrators on twelve month contracts, the days to be in a single period or at different times. The vacation days taken by the Superintendent will be taken at such time or times as will least interfere with the performance of the Superintendent's duties as set forth in this Agreement. The Superintendent may observe the same legal holidays as provided by Board Policies for administrative employees on twelve month contracts. The Superintendent is entitled to the same personal and sick leave benefits as authorized by Board Policies for administrative employees on twelve-month contracts and pursuant to state law. The accrual of state and local leave shall be as provided in state law and Board Policy. Vacation days shall accrue and Superintendent may carry over a maximum often (10) days of unused vacation from the year in which they are provided .. 4.2 Insurance. The District shall pay the premiums or employer contributions for hospitalization and health or medical insurance coverage for the Superintendent and his family pursuant to the employee health care EPO or similar plan provided by the District for its administrative and other employees. The District shall pay the premiums for dental and vision insurance for the Superintendent and his family. The District shall pay the premiums of not greater than an annual total ofan additional $4,000.00 for a life insurance, tax sheltered annuity, long term care insurance, long term disability insurance, cancer/dread disease insurance, or etc. benefit to be determined by Superintendent. 4.3 Professional Growth. The Superintendent shall devote the Superintendent's time, attention, and energy to the direction, administration, and supervision ofthe District. The Board, however, encourages the continued professional growth ofthe Superintendent through the EXHIBIT "A" to Resolution No. 09-10-98 Page 50flO
Superintendent's active attendance at and participation in appropriate 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 ofthe Superintendent 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 knowledge, skills, expertise, or backgrounds would serve to improve the capacity or ability ofthe Superintendent to perform the Superintendent's professional responsibilities for the District. In its encouragement of the Superintendent to grow professionally, the Board shall permit a reasonable amount of release time for the Superintendent, as the Superintendent and the Board deem appropriate, to attend such seminars, courses or meetings. The District does hereby agree to provide in the District's budget during the term of this Agreement for the benefit ofthe Superintendent, a professional development budget per Agreement year to be used for registration, travel, meals, lodging and other related expenses. The District shall pay the Superintendent's membership dues to the Texas Association of School Administrators and the American Association of School Administrators, as well as other memberships necessary to maintain and improve the Superintendent's professional knowledge and skills. The District shall bear the reasonable costs and expenses for such attendance, membership and participation.
4.4 Civic Activities. The Superintendent is encouraged to participate in community and i ic affairs and is entitled to reimbursement for reasonable and necessary costs or expenses incurred in doing so. 4.5 Expenses. The District shall payor reimburse the Superintendent for reasonable expenses incurred by the Superintendent in the continuing performance of the Superintendent's duties under this Agreement. The District agrees to pay the actual and incidental costs incurred by the Superintendent for out-of-area (greater than fifty (50) miles) travel. Such actual or incidental costs may include, but are not limited to, mileage for the use of a personal vehicle at the U. S. Government approved rate, hotels and accommodations, airfare at tourist class rates, meals, rental car, and other expenses incurred in the performance ofthe business ofthe District. The Superintendent shall comply with all procedures and documentation requirements in accordance with Board Policies or state laws. 4.6 Local Travel. The District shall provide the Superintendent with a monthly travel allowance of$1 ,000.00 to cover local travel expenses within fifty (50) miles of the Irving ISD Administration Building. No documentation of actual expense is required for this payment. 4.7 Computer. The Superintendent shall be provided with a laptop computer, and internet access. The Superintendent may also utilize this equipment for reasonable personal use within established District Acceptable Use Agreements. 4.8 Relocation Expenses. The District shall reimburse the Superintendent for all reasonable and necessary expenses, as determined by the Board, included in the relocation and moving of the Superintendent and his family from their present residence in the state of Georgia to the District. The Superintendent agrees to establish and maintain a residence within the District on or before December 1, 2010.
EXHIBIT "A" to Resolution No . 09-10-98 Page 6 oflO
4.9 Temporary Housing. The District shall pay to the Superintendent a housing allowance of One Thousand Five Hundred and Noll 00 Dollars ($1,500.00) per month for the first six (6) months the Superintendent is employed by the District or until the Superintendent acquires permanent housing within the District, whichever is first to occur. 4.10 Transitional Period Travel. The District shall reimburse the Superintendent for travel expenses incurred during the period from March 1, 2010 through July 1, 2010 as fo llows: up to four (4) trips to Irving for the Superintendent and two (2) trips for the Superintendent's family [spouse and three (3) children]. Additional travel expenses during this period must be pre-approved by the Board. 4.11 Employee TRSContribution. The District shall reimburse the Superintendent for 50% (percent) of the current and prevailing amount of the Superintendent's employee contribution to the Texas Teacher Retirement System required by §825.403 Tex Gov't Code for each payment of salary to the Superintendent by the District.
V. Annual Performance Goals
5.1 Development of Goals. The Superintendent shall submit to the Board each year, for the Board's consideration and adoption, a preliminary list of Goals for the District. The Goals approved by the Board shall at all times be reduced to writing ("District Goals") and shall be among the criteria on which the Superintendent's performance is reviewed and evaluated. The Board agrees to work with and support the Superintendent in achieving the District Goals.
VI. Review of Performance
6.1 Time and Basis of Evaluation. As required by law and Board Policies, the Board shall evaluate and appraise in writing the performance of the Superintendent at least once each year during the term of this Agreement. The evaluation and appraisal shall be reasonably related to the duties and responsibilities of the Superintendent as outlined in the Superintendent's job description, this Agreement, Board Polices and state law and shall include consideration of the District's progress towards accomplishing the District Goals. 6.2 Confidentiality. Unless the Superintendent expressly requests otherwise in writing, the evaluation of the Superintendent shall at all times be conducted in closed or executive session and shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Board or the Superintendent from sharing the content ofthe Superintendent's evaluation with their respective legal counsel. 6.3 Evaluation Format and Procedures. The evaluation format, instruments and procedure shall be in accordance with the evaluation instrument selected by the Board in accordance with the provisions of Article V of this Agreement, the Board's Policies, and state and federal law. In the event the Board deems that the evaluation instrument, format and/or procedure should be modified and such modifications would require new or different EXHIBIT "A" to Resolution No. 09-10-98 Page 70f10
perfonnance expectations, the Superintendent shall be provided a reasonable period of time to demonstrate such expected perfonnance before being fonnally evaluated. 6.4 Annual Physical Examination. Superintendent shall annually have a comprehensive medical examination at District's expense by a licensed physician to be mutually agreed upon. The results in writing ofthis examination shall be made available to the President of the Board and kept confidential to the extent permitted by law.
VII. Extension or Nonrenewal of Employment Agreement
7.1 ExtensionINonrenewal. Extension or nonrenewal shall be in accordance with Board Policy, Texas Education Code Chapter 21, Subchapter E, and applicable law. Notwithstanding anything to the contrary in Section 21.212(a) of the Texas Education Code, the Superintendent shall be entitled to written notice not later than the 60th day before the last day of the Agreement tenn and containing reasonable notice ofthe reason(s) for the proposed nonrenewal ofthe Superintendent's Employment Agreement with the District.
VIII. Termination of Employment Agreement
8.1 Mutual Agreement. This Agreement may be terminated by the mutual agreement of the Superintendent and the Board in writing, upon such terms and conditions as may be mutually agreed upon. 8.2 Retirement or Death. This Agreement shall be terminated upon the retirement or death of the Superintendent. 8.3 Dismissal for Good Cause. The Board may dismiss the Superintendent during the tenn ofthe Agreement for good cause. The tenn "good cause" is defined as follows:
a.
b.
c.
d.
e.
f. g.
Failure to fulfill duties or responsibilities as set forth under the terms and conditions of this Agreement; Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other written communication from the Board; provided, however, the terms and conditions ofthis paragraph shall not justify good cause unless the Board has provided the Superintendent a reasonable opportunity to remediate any asserted incompetency or inefficiency; Insubordination or failure to comply with lawful written Board directives; Failure to substantially comply with written Board Policies; Neglect of duties; Excessive use of alcoholic beverages; Illegal use of drugs, hallucinogens, or other substances regulated by the Texas Controlled Substances Act; EXHIBIT "A" to Resolution No. 09-10-98 Page 80flO
h. i
j. k.
1
DL
n.
0.
p.
Conviction of a felony or crime involving moral turpitude; Failure to meet the Standards For Professional Educators promulgated by the Commissioner of Education, the State Board of Education, or other state law, rules or regulations; Disability, not otherwise protected by law, that substantially impairs the Superintendent's performance of required duties; Immorality, which is conduct not in conformity with the accepted moral standards ofthe community encompassed by the District. Immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency or depravity; Assault on an employee or student; Knowingly falsifying records or documents related to the District's activities; Conscious misrepresentation of material facts to the Board, State or Federal Officials in the conduct of the District's business; Failure to fulfill or maintain requirements for superintendent certification; or Any other reason constituting "good cause" under Texas law.
8.4 Termination Procedure. In the event the Board proposes the termination ofthis Agreement for "good cause," the Superintendent shall be afforded all the procedural rights as set forth in the Board's Policies, and state and federal law. 8.5 Resignation of Superintendent. The Superintendent may leave the employment of the District at the end of a school year without penalty by filing a written resignation with the Board. The resignation must be addressed to the Board and filed not later than the 45 th day before the first day of instruction ofthe following year. The Superintendent may resign, with the consent of the Board, at any other time. Article IX. Miscellaneous
9.1 Controlling Law. This Agreement shall be governed by the laws of the State of Texas and shall be performable in Dallas County, Texas, unless otherwise provided by law.
9.2 CompJete Agreement. This Agreement embodies the entire Agreement between the Parties hereto and cannot be varied except by written agreement of the undersigned Parties, except as expressly provided herein. 9.3 Conflicts. In the event of any conflict between the terms, conditions and provisions of this Employment Agreement and the provisions ofthe Board's Policies, or any pennissive state or federal law, then, unless otherwise prohibited by law, the tenns of this Agreement shall take precedence over the contrary provisions ofthe Board's Policies or any such permissive law during the term of the Agreement.
EXHIBIT "A" to Resolution No. 09-10-98 Page 9 of 10
9.4 Limitation of Authority. The Superintendent shall have no authority to act for or on behalf ofthe Board except as expressly provided for in this Agreement, adopted Board Policies or as otherwise authorized by the Board. No other authority or power is granted or implied except to the extent reasonably necessary to implement or carry out an expressed grant of authority or power. 9.5 Severability. In the event that any provision of this Agreement is determined to be invalid, void or unenforceable, then the remaining tenns, provisions, covenants, and conditions of this Agreement shall remain in full force and effect, and shall in no way be affected, impaired or invalidated. 9.6 Merger. This Agreement contains the entire Agreement between the Board, the District and the Superintendent and supersedes any prior understandings, oral or written Agreements between the Board and the Superintendent on any of the subjects or matters contained herein. No modifications, alterations, or waivers of any term, covenant, or condition of this Agreement and any attachments, addenda, or other documents shall be valid unless in writing and subsequently executed by the Superintendent and Board which shall, on behalf of the Board, be evidenced by a duly enacted and adopted Resolution of the Board.
IRVING INDEPENDENT SCHOOL DISTRlCT
By: ATTEST:
President, Board ofTrustees
--~----~~----------------------------
By:
----------------------------SecrrtaJ:y, Board ofTrustees
Executed this
day of _ _ _ _ _ _ _ , 2010.
SUPERINfENDENT
By:
-=~~~~~----------------------------
Dana T. Bedden
Executed this _ _ _ _day of_ _ _ _ _ _ _ , 2010.
EXHIBIT "A" to Resolution No. 09-10-98 Page 10 of 10
WHEREAS, Resolution No. 09-10-80 as enacted on February 18, 2010, designated and selected Dr. Dana T. Bedden as the lone finalist to be considered for the position of Superintendent of Schools for the District; and WHEREAS, the President of the Board of Trustees was requested and authorized by Reso lution No. 09-10-80 to discuss terms and conditions of a suitable employment contract with the designated finalist; and WHEREAS, Public Notice was given and posted for at least 21 days before the date of the meeting at which a final selection of a Superintendent of Schools would be made by the Board of Trustees; and WHEREAS, the President ofthe Board of Trustees has reported that discussions of an appropriate employment contract with Dr. Bedden have been successful and has submitted a proposed employment contract with Dr. Bedden recommending it be approved substantially in the form of Exhibit "A" to this Resolution and which is incorporated herein by reference as if copied verbatim; and WHEREAS, the Board of Trustees, having given due consideration to the process of selecting a Superintendent of Schools, after applying the adopted qualifications and characteristics for the position and those of Dr. Bedden, and having considered the provisions of the submitted employment contract, desires to affirm the selection of Dr. Dana T. Bedden as the District's Superintendent of Schools and to approve an employment contract with Dr. Bedden. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE IRVING INDEPENDENT SCHOOL DISTRICT THAT:
RESOLUTION NO. 09-10-98
Page 1 of2
Section 1: The above and foregoing recitals be, and are hereby, found to be true and correct and are incorporated into the body ofthis Resolution as if copied verbatim. Section 2: Dr. Dana T. Bedden be, and is hereby, designated and selected by the Board of Trustees as Superintendent of Schools for the Irving Independent School District. Section 3: The Contract of Employment with Dr. Dana T. Bedden substantially in the form of Exhibit "A" to this Resolution be, and is hereby, approved. Section 4: The President of the Board of Trustees be, and is hereby, authorized to execute the Contract of Employment as hereby approved. Section 5: It is hereby officially found and detenruned that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of the meeting was given and posted, all as required by Chapter 551, Tex Gov't Code, as amended. Section 6: Whereas, an emergency is apparent for the immediate preservation of order, health, safety, and general welfare of the public that requires this Resolution to become effective immediately; therefore, it shall be effective from and after the date of its passage, and it is so enacted. IT IS SO ORDERED. PASSED, APPROVED AND ENACTED by the Board of Trustees of the Irving Independent School District, Irving, Texas, at a Special Called Meeting of the Board of Trustees, on the 12th day of March, 2010.
Jerry Christian, President Board of Trustees Irving Independent School District
ATTEST:
APPROVED AS TO FORM:
Nancy Jones, Secretary Board of Trustees Irving Independent School District
James W. Deatherage Legal Counsel to Board of Trustees Irving Independent School District
RESOLUTION NO. 09-10-98 Page 2 of2
SUPERINTENDENT'S EMPLOYMENT AGREEMENT
§ § § EMPLOYMENT AGREEMENT
BETWEEN THE BOARD OF TRUSTEES OF IRVING INDEPENDENT SCHOOL DISTRICT AND DANA T. BEDDEN
ST ATE OF TEXAS
COUNTY OF DALLAS
§
This SUPERINTENDENT'S EMPLOYMENT AGREEMENT ("Agreement") is made and entered into effective the 1sl day of July, 2010, by and between the Board of Trustees (the "Board") ofthe Irving Independent School District (the "District") and Dana T. Bedden ("S uperintendent").
RECITALS
WHEREAS, the Board desires to provide the Superintendent with a written employment contract in order to enhance administrative stability and continuity within the school district, which the Board believes generally improves the quality of its education program; and WHEREAS, the Board and the Superintendent believe that a written contract is necessary to describe specifically their relationship and to serve as the basis for effective communication between them as they fulfill their respective duties and responsibilities in the operation ofthe school district and its various schools; and WHEREAS, the Superintendent has represented that he has disclosed to the Board, in writing, any arrest, indictment, conviction, no contest or guilty pleas, or other adjudication of the Superintendent, and understands that a criminal history record acceptable to the Board, at its sole discretion, is a condition precedent to this Agreement; and WHEREAS, the Superintendent has represented that any records or information provided in connection with his employment application was and are true and correct, and that any false statements, misrepresentations, intentional omissions ofrequested information, or fraud by the Superintendent in or concerning any required records or in the employment application may be grounds for termination or nonrenewal of his employment with the District and this Agreement.
WITNESSETH
NOW, THEREFORE, the Board and the Superintendent, for and in consideration of the tenns hereinafter established and pursuant to Chapter 21, Subchapter E, and Section 11.20 1(b) 0 f the Texas Education Code, have agreed, and do hereby agree, as follows:
I.
Term
1.1 Term. The Board, by and on behalf ofthe District, does hereby employ the
EXHIBIT "A" to Resolution No. 09-10-98 Page I of 10
Superintendent, and the Superintendent does hereby accept employment, as Superintendent of Schools for the District for a term ofthree (3) years, commencing on July 1, 2010, and ending on June 30, 2013. The District may, by action of the Board and with the consent and approval ofthe Superintendent, extend the term of this Agreement as permitted by state law. Failure to reissue the Agreement for an extended term shall not constitute nonrenewal under Board Policy. 1.2 No Tenure .. The Board has not adopted any policy, rule, regulation, law, or practice providing for tenure or expectancy of continued employment. No right oftenure is created by this Agreement. No property interest, express or implied, is created in continued employment beyond the term of this Agreement.
II.
Employment
2.1 Duties. The Superintendent is the educational leader and chief executive officer of the District and shall faithfully perform the duties ofthe Superintendent of Schools for the District as prescribed in the job description ofthe position and adopted Board Policies, and shall comply with all lawful Board directives, state and federal law, District policy, rules and regulations as they exist or may hereafter be amended and as may be lawfully assigned. The Superintendent shall perform his duties with reasonable care, skill, diligence and expertise. All duties assigned to the Superintendent by the Board shall be appropriate to and consistent with the professional role and responsibility ofthe Superintendent. The duties of the Superintendent include, but are not necessarily limited to, the following: 2.1.1 assuming administrative responsibility and leadership for the planning, organization, operation, supervision, and evaluation ofthe education programs, services, and facilities of the District and for the annual performance appraisal of the District's staff; 2.1.2 except as provided by Section 11.202 Tex Educ Code assuming administrative authority and responsibility for the assignment, supervision, and evaluation of all personnel of the District other than the Superintendent; 2.1.3 overseeing compliance with the standards for school facilities established by the Commissioner under Section 46.008 Tex Educ Code; 2.1.4 initiating the termination or suspension of an employee or the nonrenewal of an employee's term contract; 2.1.5 managing the day-to-day operations of the District as its administrative manager including implementing and monitoring plans, procedures, programs and systems to achieve clearly defined and desired results in major areas of District operations; 2.1.6 preparing and sUbmitting to the Board of Trustees a proposed budget as provided by Section 44.002 Tex Educ Code and rules adopted under that section, and administering the budget;
EXHIBIT "A" to Resolution No. 09-10-98 Page 2 ofl0
2.1.7 preparing recommendations for policies to be adopted by the Board of Trustees and overseeing the implementation of adopted policies; 2.1.8 developing or causing to be developed appropriate regulations to implement policies established by the Board ofTrustees; 2.1.9 providing leadership for the attainment and, if necessary, improvement of student performance in the District based on the indicators adopted under Sections 39.053 and 39.301 Tex Educ Code and other indicators adopted by the Commissioner or the District's Board ofTrustees; 2.1.10 organizing the District's central administration; 2.1.11 consulting with the district-level committee as required under Section 11.252(f) Tex Educ Code; 2.1.12 ensuring; 2.1.12.1 adoption ofa student code of conduct as required under Section 37.001 Tex Educ Code and enforcement ofthat code of conduct; and 2.1.12.2 adoption and enforcement of other student disciplinary rules and procedures as necessary; 2.1.13 sUbmitting reports as required by state or federal law, rule, or regulations, and the Board of Trustees; 2.1.14 providing joint leadership with the Board ofTrustees to ensure that the responsibilities of the Board and Superintendent team are carried out; 2.1.15 performing any other duties assigned by lawful action ofthe Board ofTrustees; and 2.1.16 on a day-to-day basis, ensure the implementation ofthe Policies adopted by the Board pursuant to Section 11.1512(a) Tex Educ Code. 2.2 Other Employment. The Superintendent may not receive any financial benefit for personal services performed by the Superintendent for any business entity that conducts or solicits business with the District. Any financial benefit received by the Superintendent for performing professional services for any other entity, including a school district, open-enrollment charter school, regional education service center, or public or private institution of higher education, must be approved by the Board of Trustees on a case-by-case basis in an open meeting. For purposes of this subsection, the receipt of reimbursement for a reasonable expense is not considered a financial benefit. EXHIBIT "A" to Resolution No. 09-10-98 Page 3 of10
2.3 Professional Certification. The Superintendent shall at all times during the tenn of this Agreement, and any renewal or extension thereof, hold and maintain a valid certificate required of a Superintendent by the State of Texas and issued by the State Board for Educator Certification and all other certificates required by law. 2.4 Reassignment. The Superintendent cannot be reassigned from the position of Superintendent without the Superintendent's express written consent. 2.5 Board Meetings. Unless otherwise prohibited by law, the Superintendent shall attend, and shall be pennitted to attend, all meetings ofthe Board, both public and closed, with the exception of those closed meetings devoted to the consideration of any action or lack of action on this Agreement or the Superintendent's salary and benefits as set forth in this Agreement, or the Superintendent's evaluation, or for purposes of resolving conflicts between individual Board Members, or when the Board is acting in its capacity as a tribunal. In the event of illness or Board President-approved absence, the Superintendent's designee shall attend such meetings. 2.6 Criticisms, Complaints, and Suggestions. The Board, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, and suggestions called to the Board's attention either: (a) to the Superintendent for study and/or appropriate action, and the Superintendent shall refer such matter(s) to the appropriate District employee or shall investigate such matter(s) and shall within a reasonable time inform the Board of the results of such efforts; or, (b) to the appropriate complaint resolution procedure as established by District Board policies. 2.7 Indemnification. To the extent it may be permitted to do so by applicable, law, including, but not limited to Texas Civil Practice & Remedies Code Chapter 102, the District does hereby agree to defend, hold harmless, and indemnifY Superintendent from any and all demands, claims, suits, actions, judgments, expenses and attorneys' fees incurred in any legal proceedings brought against Superintendent in the Superintendent's individual or official capacity as an employee and as Superintendent ofthe District, providing the incident(s), which is (are) the basis of any such demand, claim, suits, actions, judgments, expenses and attorneys' fees, arose or does arise in the future from an act or omission of Superintendent as an employee of the District, acting within the course and scope of Superintendent's employment with the District; excluding, however, any such demand, claim, suits, actions, judgments, expenses and attorneys' fees for those claims or any causes of action where it is detennined that Superintendent 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 Superintendent. The selection of Superintendent's legal counsel shall be with the mutual agreement of Superintendent and the District if such legal counsel is not also the District's legal counsel. A legal defense may be provided through insurance coverage, in which case Superintendent's right to agree to legal counsel provided for him depends on the terms ofthe applicable insurance contract. To the extent this Section 2.7 exceeds the authority provided and limitations imposed by Texas Civil Practice &
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Remedies Code, Chapter 102, it shall be construed and modified accordingly. The provisions of this Section 2.7 shall survive the termination ofthis contract.
III.
Salary
3.1 Salary. The District shall provide the Superintendent with an annual salary in the sum
ofTwo Hundred Forty-Four Thousand Four Hundred and Noll 00 Dollars ($244,400.00). This annual salary rate shall be paid to the Superintendent in equal monthly installments consistent with the Board's Policies. 3.2 Salary Adjustments. At any time during the term ofthis Agreement, the Board may, in its discretion, review and adjust the salary ofthe Superintendent, but in no event shall the Superintendent be paid less than the salary set forth in Section 3.1 ofthis Agreement except by mutual agreement ofthe two Parties. Such adjustments shall be made pursuant to a lawful Board resolution. In such event, the Parties agree to provide their best efforts and reasonable cooperation to execute a new Agreement incorporating the adjusted salary.
IV.
Benefits
4.1 Vacation, Holiday and Personal Leave. The Superintendent may take, at the Superintendent's choice, with prior notice to the Board President, the same number of days of paid vacation authorized by Policies adopted by the Board for administrators on twelve month contracts, the days to be in a single period or at different times. The vacation days taken by the Superintendent will be taken at such time or times as will least interfere with the performance of the Superintendent's duties as set forth in this Agreement. The Superintendent may observe the same legal holidays as provided by Board Policies for administrative employees on twelve month contracts. The Superintendent is entitled to the same personal and sick leave benefits as authorized by Board Policies for administrative employees on twelve-month contracts and pursuant to state law. The accrual of state and local leave shall be as provided in state law and Board Policy. Vacation days shall accrue and Superintendent may carry over a maximum often (10) days of unused vacation from the year in which they are provided .. 4.2 Insurance. The District shall pay the premiums or employer contributions for hospitalization and health or medical insurance coverage for the Superintendent and his family pursuant to the employee health care EPO or similar plan provided by the District for its administrative and other employees. The District shall pay the premiums for dental and vision insurance for the Superintendent and his family. The District shall pay the premiums of not greater than an annual total ofan additional $4,000.00 for a life insurance, tax sheltered annuity, long term care insurance, long term disability insurance, cancer/dread disease insurance, or etc. benefit to be determined by Superintendent. 4.3 Professional Growth. The Superintendent shall devote the Superintendent's time, attention, and energy to the direction, administration, and supervision ofthe District. The Board, however, encourages the continued professional growth ofthe Superintendent through the EXHIBIT "A" to Resolution No. 09-10-98 Page 50flO
Superintendent's active attendance at and participation in appropriate 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 ofthe Superintendent 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 knowledge, skills, expertise, or backgrounds would serve to improve the capacity or ability ofthe Superintendent to perform the Superintendent's professional responsibilities for the District. In its encouragement of the Superintendent to grow professionally, the Board shall permit a reasonable amount of release time for the Superintendent, as the Superintendent and the Board deem appropriate, to attend such seminars, courses or meetings. The District does hereby agree to provide in the District's budget during the term of this Agreement for the benefit ofthe Superintendent, a professional development budget per Agreement year to be used for registration, travel, meals, lodging and other related expenses. The District shall pay the Superintendent's membership dues to the Texas Association of School Administrators and the American Association of School Administrators, as well as other memberships necessary to maintain and improve the Superintendent's professional knowledge and skills. The District shall bear the reasonable costs and expenses for such attendance, membership and participation.
4.4 Civic Activities. The Superintendent is encouraged to participate in community and i ic affairs and is entitled to reimbursement for reasonable and necessary costs or expenses incurred in doing so. 4.5 Expenses. The District shall payor reimburse the Superintendent for reasonable expenses incurred by the Superintendent in the continuing performance of the Superintendent's duties under this Agreement. The District agrees to pay the actual and incidental costs incurred by the Superintendent for out-of-area (greater than fifty (50) miles) travel. Such actual or incidental costs may include, but are not limited to, mileage for the use of a personal vehicle at the U. S. Government approved rate, hotels and accommodations, airfare at tourist class rates, meals, rental car, and other expenses incurred in the performance ofthe business ofthe District. The Superintendent shall comply with all procedures and documentation requirements in accordance with Board Policies or state laws. 4.6 Local Travel. The District shall provide the Superintendent with a monthly travel allowance of$1 ,000.00 to cover local travel expenses within fifty (50) miles of the Irving ISD Administration Building. No documentation of actual expense is required for this payment. 4.7 Computer. The Superintendent shall be provided with a laptop computer, and internet access. The Superintendent may also utilize this equipment for reasonable personal use within established District Acceptable Use Agreements. 4.8 Relocation Expenses. The District shall reimburse the Superintendent for all reasonable and necessary expenses, as determined by the Board, included in the relocation and moving of the Superintendent and his family from their present residence in the state of Georgia to the District. The Superintendent agrees to establish and maintain a residence within the District on or before December 1, 2010.
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4.9 Temporary Housing. The District shall pay to the Superintendent a housing allowance of One Thousand Five Hundred and Noll 00 Dollars ($1,500.00) per month for the first six (6) months the Superintendent is employed by the District or until the Superintendent acquires permanent housing within the District, whichever is first to occur. 4.10 Transitional Period Travel. The District shall reimburse the Superintendent for travel expenses incurred during the period from March 1, 2010 through July 1, 2010 as fo llows: up to four (4) trips to Irving for the Superintendent and two (2) trips for the Superintendent's family [spouse and three (3) children]. Additional travel expenses during this period must be pre-approved by the Board. 4.11 Employee TRSContribution. The District shall reimburse the Superintendent for 50% (percent) of the current and prevailing amount of the Superintendent's employee contribution to the Texas Teacher Retirement System required by §825.403 Tex Gov't Code for each payment of salary to the Superintendent by the District.
V. Annual Performance Goals
5.1 Development of Goals. The Superintendent shall submit to the Board each year, for the Board's consideration and adoption, a preliminary list of Goals for the District. The Goals approved by the Board shall at all times be reduced to writing ("District Goals") and shall be among the criteria on which the Superintendent's performance is reviewed and evaluated. The Board agrees to work with and support the Superintendent in achieving the District Goals.
VI. Review of Performance
6.1 Time and Basis of Evaluation. As required by law and Board Policies, the Board shall evaluate and appraise in writing the performance of the Superintendent at least once each year during the term of this Agreement. The evaluation and appraisal shall be reasonably related to the duties and responsibilities of the Superintendent as outlined in the Superintendent's job description, this Agreement, Board Polices and state law and shall include consideration of the District's progress towards accomplishing the District Goals. 6.2 Confidentiality. Unless the Superintendent expressly requests otherwise in writing, the evaluation of the Superintendent shall at all times be conducted in closed or executive session and shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Board or the Superintendent from sharing the content ofthe Superintendent's evaluation with their respective legal counsel. 6.3 Evaluation Format and Procedures. The evaluation format, instruments and procedure shall be in accordance with the evaluation instrument selected by the Board in accordance with the provisions of Article V of this Agreement, the Board's Policies, and state and federal law. In the event the Board deems that the evaluation instrument, format and/or procedure should be modified and such modifications would require new or different EXHIBIT "A" to Resolution No. 09-10-98 Page 70f10
perfonnance expectations, the Superintendent shall be provided a reasonable period of time to demonstrate such expected perfonnance before being fonnally evaluated. 6.4 Annual Physical Examination. Superintendent shall annually have a comprehensive medical examination at District's expense by a licensed physician to be mutually agreed upon. The results in writing ofthis examination shall be made available to the President of the Board and kept confidential to the extent permitted by law.
VII. Extension or Nonrenewal of Employment Agreement
7.1 ExtensionINonrenewal. Extension or nonrenewal shall be in accordance with Board Policy, Texas Education Code Chapter 21, Subchapter E, and applicable law. Notwithstanding anything to the contrary in Section 21.212(a) of the Texas Education Code, the Superintendent shall be entitled to written notice not later than the 60th day before the last day of the Agreement tenn and containing reasonable notice ofthe reason(s) for the proposed nonrenewal ofthe Superintendent's Employment Agreement with the District.
VIII. Termination of Employment Agreement
8.1 Mutual Agreement. This Agreement may be terminated by the mutual agreement of the Superintendent and the Board in writing, upon such terms and conditions as may be mutually agreed upon. 8.2 Retirement or Death. This Agreement shall be terminated upon the retirement or death of the Superintendent. 8.3 Dismissal for Good Cause. The Board may dismiss the Superintendent during the tenn ofthe Agreement for good cause. The tenn "good cause" is defined as follows:
a.
b.
c.
d.
e.
f. g.
Failure to fulfill duties or responsibilities as set forth under the terms and conditions of this Agreement; Incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other written communication from the Board; provided, however, the terms and conditions ofthis paragraph shall not justify good cause unless the Board has provided the Superintendent a reasonable opportunity to remediate any asserted incompetency or inefficiency; Insubordination or failure to comply with lawful written Board directives; Failure to substantially comply with written Board Policies; Neglect of duties; Excessive use of alcoholic beverages; Illegal use of drugs, hallucinogens, or other substances regulated by the Texas Controlled Substances Act; EXHIBIT "A" to Resolution No. 09-10-98 Page 80flO
h. i
j. k.
1
DL
n.
0.
p.
Conviction of a felony or crime involving moral turpitude; Failure to meet the Standards For Professional Educators promulgated by the Commissioner of Education, the State Board of Education, or other state law, rules or regulations; Disability, not otherwise protected by law, that substantially impairs the Superintendent's performance of required duties; Immorality, which is conduct not in conformity with the accepted moral standards ofthe community encompassed by the District. Immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude or indicative of corruption, indecency or depravity; Assault on an employee or student; Knowingly falsifying records or documents related to the District's activities; Conscious misrepresentation of material facts to the Board, State or Federal Officials in the conduct of the District's business; Failure to fulfill or maintain requirements for superintendent certification; or Any other reason constituting "good cause" under Texas law.
8.4 Termination Procedure. In the event the Board proposes the termination ofthis Agreement for "good cause," the Superintendent shall be afforded all the procedural rights as set forth in the Board's Policies, and state and federal law. 8.5 Resignation of Superintendent. The Superintendent may leave the employment of the District at the end of a school year without penalty by filing a written resignation with the Board. The resignation must be addressed to the Board and filed not later than the 45 th day before the first day of instruction ofthe following year. The Superintendent may resign, with the consent of the Board, at any other time. Article IX. Miscellaneous
9.1 Controlling Law. This Agreement shall be governed by the laws of the State of Texas and shall be performable in Dallas County, Texas, unless otherwise provided by law.
9.2 CompJete Agreement. This Agreement embodies the entire Agreement between the Parties hereto and cannot be varied except by written agreement of the undersigned Parties, except as expressly provided herein. 9.3 Conflicts. In the event of any conflict between the terms, conditions and provisions of this Employment Agreement and the provisions ofthe Board's Policies, or any pennissive state or federal law, then, unless otherwise prohibited by law, the tenns of this Agreement shall take precedence over the contrary provisions ofthe Board's Policies or any such permissive law during the term of the Agreement.
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9.4 Limitation of Authority. The Superintendent shall have no authority to act for or on behalf ofthe Board except as expressly provided for in this Agreement, adopted Board Policies or as otherwise authorized by the Board. No other authority or power is granted or implied except to the extent reasonably necessary to implement or carry out an expressed grant of authority or power. 9.5 Severability. In the event that any provision of this Agreement is determined to be invalid, void or unenforceable, then the remaining tenns, provisions, covenants, and conditions of this Agreement shall remain in full force and effect, and shall in no way be affected, impaired or invalidated. 9.6 Merger. This Agreement contains the entire Agreement between the Board, the District and the Superintendent and supersedes any prior understandings, oral or written Agreements between the Board and the Superintendent on any of the subjects or matters contained herein. No modifications, alterations, or waivers of any term, covenant, or condition of this Agreement and any attachments, addenda, or other documents shall be valid unless in writing and subsequently executed by the Superintendent and Board which shall, on behalf of the Board, be evidenced by a duly enacted and adopted Resolution of the Board.
IRVING INDEPENDENT SCHOOL DISTRlCT
By: ATTEST:
President, Board ofTrustees
--~----~~----------------------------
By:
----------------------------SecrrtaJ:y, Board ofTrustees
Executed this
day of _ _ _ _ _ _ _ , 2010.
SUPERINfENDENT
By:
-=~~~~~----------------------------
Dana T. Bedden
Executed this _ _ _ _day of_ _ _ _ _ _ _ , 2010.
EXHIBIT "A" to Resolution No. 09-10-98 Page 10 of 10
