‘SUPERINTENDENT CONTRACT BETWEEN FORT BEND INDEPENDENT ‘SCHOOL DISTRICT AND CHARLES DUPRE ‘The Board of Trustees of the Fort Bend independent School District (the “Board") and Mr. Charles Dupre (the "Superintendent, in accordance with Texas Education Code, §11.201, and as recorded in the official minutes of the meeting of the Board held on the 11th day of Apri, 2018, agree that the Board has, and does, ‘employ Mr. Dupre to serve as Superintendent of Schools of the Fort Bend Independent School District (the “District, under the following terms, effective May 1, 2013: 4. TERM 4.4. The Dietct will employ tho Suporntondent on a twelve-month basis for en Initial three-year texm, beginning Apvil 28, 2018 and ending on April 0, 2016. The Board shal annualy consider whether, in its sole disrotion, it wishes to offer any one- year extension of the Contract term. ‘Tho Superntendont dacs not have a property interest, or any other legal interest or expectation, in any extension of the Contract torm. 2, EMPLOYMENT 21 Duties. The Superintendent shall faithtuly perform the duties. of ‘Superintendent as prescribed inthe job description and as may be lavtully assigned by the Board, and shail comply whh all awful Board directives, state and federal laws, and lawiul District policies, rules, and regulations as they exist or may hereinafter beadopted or amended, including, bu nat limited to, the monitoring system established by the Board, Excopt as provided in his Contract, the Superintendent agraes to dovote his time and energy tothe performance ofthese duties in a mannor that is satstactory tne Board 22 Protessiona/Civic Activities, During the Superintendent's employment with the District, the Superintendent shall llend and paricipate in appropriate professional meetings at the local, state, and national levels, and upon the written ‘approval ofthe Board Prasidont, shal be reimbursed by the Distt forthe reasonable expenses for such attendance, including membership foes and dues of the Superintendent in such organizations, rom funds budgeted by the Board for that purpose, The Superintendent may hold otices or accept responsibilties in theso professional organizations, provided that such meeting, ofces andlor responsibiites do not intrtro withthe performance of his duties as Superintondent. Subject to the Board President's writen approval, the District shal also reimburse the Superintendent for dues and expenses for local cvs cubs or organization, i the District is not already a member. 2a Writing, Teaching, and Speaking Activities. The Superintendent shall be permitled to undertake writing, teaching, and speaking activites with prior notice to and consant ofthe Board President before undertaking any such activites, provided that these actvties do not interfere with the perfomance of his duties es Superintendent ‘The Suporintondent shall be allowed to retain any compensation received from thesewing, teaching, and speaking activites. The Superintendent shall not undertake any consulting activities outside of the District. 24 Professional Certification and Records. This Contact Is condones ‘on the Superintendents oblaining and providing to the Board vabd and appropriate ‘evidence of cortication, or ather waiver, permit or authorization ta acl as a superintendent in the stale of Texas as prescribed by tho laws ofthe stato of Texas and te rules and rogulations of the Texas Education Agency andlor tno State Board for Educator Cetfcation. The Superintendent must also fie any other records required by the District for employment andlor payrol purposes. Failure to provide and maintain necossary cortication, waver, port or authorization shall render this Contract void ‘Any misropresentatian inthe records shall be grounds for termination of his Contac. 25 Reassignment. The District cannot reassign the Superintendent trom tho postion ot Superntondent without his writen consent. 2.8 Employment of Staff. Subject to tho Distet's salary schedule and tho Board-approved budge, the Superintendent shall have the sole authority to solect, employ and terminate all noncontract employees in aecordance with Distict Board Policy DC (LOCAL) while the Board shal have the authority to employ, terminate and non-tenew all stall covered by Subchaplors C, D, E, F and G, Chapter 21 of the Texas Education Code and any other employees employed by carract that are not covered by Chapter 21 of tne lexas Eduosben Code, The Suponntendents auinory. shal addivonaty include the ght to organize, reorganize, arrange, dct, assign, reassign ‘and transfor all stat; however, the Superintendent shall inform the Board of anyassignment, reassignment or transfer of seolor adminisraive stat (deputy superintendent, associato superintondent, assistant suporintondent, gonoral counsel and their equivaens) prior o publly announcing the proposed employment action 2.7. Board Meetings. Unio otherwise pronibited by law, the Superintondont hall attend, and chall bo permitted to attond, all meetings ofthe Board, beth public and) closed, withthe exception of those closed meetings devoted fo the consideration of any action oF lack of action on this Contractor the Superntondent's salary and benofis as st forth i his Contract, or the Superntondents evaluation, o for purposes of rsolving conlcts between individual Board members, or as due process may require. In he event of liness or Board President-approved absence, the Superintendents designee shal attend mestings. 28 Cilicioms, Complaints and Suggestions. Board mombors will bo reauired to rotor ertciem, complaints and suggestions (othor than those related to individual Board members oF the Board as a whole) to tho Superintendent who shall ‘thor (a) review and take appropriate action, including informing the Board of the rosulls of such efforts within a reasonable time; or, (b} directing complaints, where appropriate, to the relevant complaint resolution procedure as established by Distt Board policies. 3. COMPENSATION 24 Annual Base Salary. Tho Distict shall pay the Superintendent an annual salary of $285,000.00, payablo in equal instalments in accordance with Board policygoverning payment to other professional stall members in the Distrct and the Distict's oral payroll schedule. 8.2 Salary Adjustments, At any time during the teem of this Contac, the Board may, and without the necessity of entering into @ new contac, in its ciscreton, review and adel the salary of the Superintanont, but im na event wl the ‘Superintendent bo paid less than the salary got forth pursuan! to Section 3.4 of his Contract excopt by mutual writen agreement ofthe partes. 33. Business Expenses. Ouring the Superintendents employment with the District, the District shall pay or reimburse tho Suporintondent for reasonable reimbursable expenses incurred by tho Superintendent Inthe continuing performance of tho Superintendent's duties under this Contract, from funds budgeted for that purpose by the Board, Roimbursable expenses wil include, but are ot limited to, travel cost, mileage reimbursement for use of @ personal vehicle outside of the Distt, and professional development costs, costs of memberships in cive organizations, and dues pai for membership in profesional organizations, The Superintendent shal comply with al poliies, procedures and documentation requirements in accordance with Board palcies and established procedures. The Superniendents business expenses shall be subject 10 annual review by the Distie's Independent auetors. In addltion, the ‘Superintendent shall submit a quarto report of hs business expenses to the Board's ‘Aust Commie, 3.4 Aulomobile/Automobile Expense. The Distct shall pay the ‘Superintendent $700.00 por month during his employment with tho District to pay for anautomobile (which may be used for personal and business purposes), and automobile- related expences (insurance, repalr, mailenance, ful tc). This monthly payment wil be annualized and paid 10 the Superintondont in each of his sem-montly paychecks. ‘The Superintendent may be reimbursed mileage for ravel ouside of the District, as ‘approved by the Board Prosidont, in accordance with the Financial Accountebilty System Resource Guide, 35 Information Technology/Communications Allowance. To ensure the Superintendent's accessiilly to the Board and stalf members, and to enhance his ability fo manage the District, the Distlet shall pay the Superintendent an information technologylcommunications allowance ot $300.00 per month during the ‘Suporintendent's employment withthe District for the cost of such items as a celular phono, electronic tablet, computers, printer, fax machine, cable anclor internet connection, and a dedicated home telephoneslax connection for communication wit the Board, Distct employees and the public. This monthly payment wil be annualized and Pd to the Superintendent in each of his soml-monthly paychecks. 3.6 Health, Disabilly, and Other Insurance. During the Superintendent's employment with the Distt tho District shall pay for coverage for group health and hospitalization, dental and vision insurance for tho Superintendent and the Superintendent's dependents as selected by the Superintendent from plans offered by the Distt tos employees and shal prove the Superntendent and his dependents with al other heath, dental and vision benalite on the same basis 2s other 12-month administrative employees of the District.87 Term Life Insurance. During the Superintondent’s employment with the Dist, the Distct shall pay, on the Superintendent's behalf, the annual premium for 2 toxm patey ot ie insuranco in the amount of $500,000. The Superntondnt wil own the policy and wi have the sole discretion to designate beneficiaries) under the policy. 88 Digability Inauranoe. During the Suporintondonts employment with the District, the District shall pay, on the Superintendent's behal, the annual premium for @ «isatilty income protection insurance policy having a monthly total benefit exual to 60% of tho annual base salary set out in Section 3.1 unt the Suporintondent reaches tho age of sbaytve (6). 39 Vacation and Holidays. The Superintendent shall receive, and at the Superintendent's choice may take, up 10 ton (10) vacation days per year of this Contract. AL the conclusion of each twelve-month contract period, all accrued but unused vacation days shall be pai to the Supedntendent as sing txablo luma-sum ‘payment atthe Superintendents then currant daly rat of pay as calculated on a 226 work day calendar. The vacation days taken by the Superintendent willbe taken at ‘such time or mes a wil leas interfere withthe performance of the Superintendents dutios asset forth in this Contract, with plo noi to the Board President before taking ‘uch leave, For purposes of this Contract, vacation days have tho same meaning as on-duty days. The Superintendent shal have the same duty days and shat observe the same District holiaye as those observed by administrative employees on 12-month contracts.3.40 Personal and Sick Leave. The Superiniendont shall have the same personal and sick leave benefits as authorized by Board policies for administrative ‘employees on 12-month contracts. The Superintendent may accumulate personal and ck leave days without nit, Upon termination of employment, all unused days accumulate by the Superintendent during his employment by the Dit wil be paid in 4 lump sum to the Suporintondent or his survivors atthe Superintondent’s then curent daly rate of pay based on two hundod and twenty-six (226) days of service por year within 30 days ofthe termination date (less applicable deductions, inctusing withholding taxes) 3.11 Annuity. On bebal of the District, the Board shall establish forthe Superintendent @ quaiod tax-sheltered annuity account under Section 403(0) of the Intemal Revenue Code of 1986, a8 amended. Beginning May 1, 2018 and for each year during the term of his Contract, the Distt shall make a $10,000.00 contin 10 the 403(0) Annuity account on behalf of the Superintendent, without causing any portion ‘of such contbution to be included inthe Superintondont's taxable income forthe year in ‘which the contribution i¢ made. The Distle’s contibution shall be made in equal periodic paymants atthe same tne as payment ofthe Superintendent's base salary. “Tho Superintendent shall have no ownership rights inthe account unl Apr 30, 2018 on which date full ownership of the account shal be transfered to the Superintendent, povided that the Superintendent continues to be employed in the postion of ‘Superintondent on that dete, inthe event the Superintendent ceases to be employed bythe Distt inthe Superintendent postion for any reason prior to that dat, all the funds in the account wit ever tothe Dstct 3.42 Moving and Relocation Expenses. Tho District shall reimburse the Superintendent fr all reasonable moving and relocation expenses incurred In moving trum Progerile, Texas tothe District, Relocation expenses wil neude, but may not bo limited to, actual moving expenses fora one-time mave (not to exceed $10,000), up to {90 days of lodging expenses incurred in connection with the move (which may include rental payments on @ house or apartment pending sale of tho Superintendent's residance in Pflugerville) and travel expenses for commuting between the Disict and Phugarilo during the period of relocation. The Superintendent shall document all ‘xpenses with orginal receipts, cancoled checks or credit card statements 9.49 Interim Administrative Services. The Distict wil pay the ‘Superintendent $1,000 per day for up lo ton (10) days for on-site consulting services provide prior tothe time of the Supecniondonts hire and ofa start date, including on-site work perlormed on or after March 20, 2018, 4 IMANCE GOALS 4.1 Development of Priorities. The Superintendent shall submit to the ‘Board a preliminary Ist of goals fr the District each year forthe Board's consideration and adoption, The Superintendent and the Board shall then mee, and the Board shall approve or revise the Ist of goals. The Superintendent shall submit tothe Board for its approval a plan to implement the goals. The Superintendent and the Board shall meet biannually to assess the goals and may adjust or revise the goais either by action of the 9Board or upon recommendation of the Superintendent and approval of the Board. The {goals approved by the Board shall at all ines be reducod to wriling (‘District Goals") and shall be among the cteria on which the Superintendent’ performance is reviewod ‘and evaluated, The Board agrees to work with and support the Superintendent in ‘achieving the District Goats 5, REVIEW OF PERFORMANCE 5.41 Time and Basis of Evaluation. The Superintondont will be required to annually develop and submit to the Boars fo its consideration and aporoval, a proposed list of priortios within the Board's goals for the District. The Board's evaluation and assessment of the Superintendent shall be related to the duties of the Superintendent and based on the Distiet’s progress towards accomplishing the Distvic’s goals. The Board and the Superintondont will moot quately to discuss the Superintendent's, performance and the Board will perform an annual summative evaluation in October. ‘The Board wil also have the abilly to conduct formal or informal interim avaluations, between anqual performance evaluations, as deemed by the Board, in its sole lscretion, to be necessaty or helpful, Unless the Superintendent expressly requests otherwise in writing, the evaluation of the Superintendent shall at al limos be conducted in executive session and shall be considered confidential to the extant permitted by law. Nothing herein shall profit the Board or the Superintendent from sharing the content of the Superintendent's evaluation with their respective logal counsel 52 Confidentiality. Unless the Superintendent expressly requests otherwise 105 be conducted in in wring, the evaluation of the Superintendent shall at 10‘executive session and shall be considered confidential tothe extont pormitted by law. Nothing heroin shall prohibit the Board or the Superintendent from sharing the content othe Superintendent's evaluation with their especve legal counsel 53. Evaluation Format and Procedure. The evaluation formal and procedure shall be in acnnictanoa withthe auahitio intnumant santo! hy tha Roar and in accordance with the provisions of Ace 4 ofthis Contract, the Boards policies, and stato and federal law. Inthe event the Board deoms thatthe evaluation instrument, format andor procedure isto be modtied by the Board, and such modifications would ‘oquire new or aitferent performance expectations, the Superinlendent shal be provided 42 reasonable period of time to demonstrate such expected performance betore being evaluated 6, TERMINATION AND NONRENEWAL OF EMPLOYMENT CONTRACT 6.41 Mutual Agreement. This Contract may be terminated by muti agrooment of the Superintendent and the Board in wring upon such terms and ‘conditions as may’be mutually agreed upon. 62 Retirement or Death, This Contract shall be terminaied upon the ‘etrement or death ofthe Superintendent 6.3 Dismissal for Good Cause. The Board may terminate this Contract and clsmiss the Superintendent for ood cause. Good cause wil include, but isnot limited 10, the folowing Failure to fulfil cues or responsibities under the Contract;Incompetence or ineficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other ‘writen communication frm the Board; provided the Board has given the Superintendent 6 opportunity fr remediation; insuborination oF ey emply with lat witen Board directives; ‘Witt! tare to comply with lawl witlon Boaré Polcies or lawful Disict administrative regulations; Neglect of duties; Drunkenness oF excessive use of aleohole beverages: Hoga! uso of drugs, hallucinogens, or other substances reguiated by the “Texas Controlled Substances Act Conviction of felony oF crime involving moral turpitude; Felure to moot the District's standards of professional conduct Failure 0 comply with reasonable Distict professional development requirements regarding advanced course work or professional velopment Disability, not otherwise protected by law, that substantilly impals the Superintendent's perormance of required dutos; Immoralty, which is conduct notin eontommity with the accepted moral standards of the community encompassed by the Distct._Immoraly is nol confined 10 sexual matters, bul incudes conduct Inconsistent with rectitude or indicative of corruption, indecency or depravity;m.—Assauiton an employee or student; 1. Knowingly falsitying records or documents related to the District's activities; ©, Conscious misropresentaion of material facts to the Board or other Dsvct fea in me conduct of he Disicts busos .Falure to full requirements for superintendent cotiication; 4. Failur fo flit the coquiromenis of a deficiency plan under an Emergency Plansor +. Ary other reason consiuting "good cause" under Texas law, To the extent that any provision ofthis Section 6.8 Is Inconsistent with or has @ diferent meaning than “good cause" as dofined by Texas lawn, Texas law wi cont, 164 Disability. In the event the Superintendent shall become physically or mentally unable to perform the essontial functions of his job as Superintendent, the Board, at is option, may terminate this Contract and the employment of the Superintendent. Verification of the liness or disability ofthe Superintendent shall be required whenever a majorly of the Board requests i Verieation shall be by @ physician designatad by the Board and Superietendent; however, sould the Board and SSuparntendent be unable to agree upon a physician, verfiation shall be performed by the Superintendent's regular physician as chosen from gioup heath providers in secordance wth Section 3.6. Should the Superintendent be terminated ve to such physical or mental cisabilly, the Superintendent shall receive semi-monthly payments, B‘commencing on the fist regular payday of the District folowing such termination of employment, fora period ot ane (1) year, in an aggregate amount equal to one (1) year cof his annual base salary sot out in Section 2.4 (less applicable deductions, Including withholding taxes), and a continuation ofthe Districts payment forthe haath and major medical nsuranee for tho Superinandent, set out in Seton 3.6, for period ul one (1) year from the date of termination. Except forthe payments set out herein, dsebity income protection and life insurance policy benofits set out in Sactons 8.7 and 3.8, plus the amounts for vacation leave under Section 39, the Distict shall have no further laity tothe Superintendent for any other compensation or benefits 65 Termination Procedure. In tho avent that the Board proposes to terminate this Contract for good cause, the Superintendent shall be afforded the rights ‘a sot orth in the Boar's policies and applicable stat and federal lw. 6.6 Buyout, Notwithstanging any othor provision in this Contract, the Board may terminate the Contract if a majorly of the full board dotormines that the ‘Superintendent has falled to mintain good rapport with the Board, which the pares agree wil be good cause lor termination of his Contract. In such ever, the Board shal ay to the Superintendent as sovorance pay all acccued pay and benefits dve the ‘Superintendent as ofthe date of termination and a payment equal to one year of salary and benefits within tity (90) days ofthe dato of termination lass deductions (Inlucing witnholding) required by law Payment of such amounts under this provision shall terminate any and all rights of the Superintendent to futher payment of salary or benefits under this Contract. “467 Nonrenewal of Contract. Except as otherwise provided herein, rontencwal ofthis Contract shal be in accordance with Board policy and applicable law. 68 Professional Liability. The Distrlct shall indermily, defend, and hold the Superintondent harmlass trom any claims, domends, eutles, actions or other legal rousedngs asin him, including Court e9sts and attomey's fees, In his Inevidual or oficial capacity, for any actor fallure to act involving the exerciso of lscretion and that is within the nocmal course and scope of his duies to the extent and to the limits ponmited by law. The District's inéemmty obligation wil not apply i the Superntendont is found to have materaly broached his contrat, to have acted with gross negligence corvith intent to violate @ person’ clary established legal rights, or to have engaged in oficial misconduct or criminal conduct. also wil rot apply to criminal investigations oF proveedings. The District may meet its indomity obigation by purchasing errors and admissions coverage fo tho benefit ofthe Board andthe professional employees o the District, including the Superintondent. The Board wil also be ented to retain attorneys 1o represant the Superintendent in proceedings in which he could seek indemnicaton, ssn cases in which the but wil not be required to pay the Superintendent's attomeys Board and the Superintandent are adverse to each other. The Distit's obligation under this paragraoh shal continue aftr the termination ofthis Contract for qualiying acts oF failures to act occuring during the torm of his Contractor any extension thereot. The ‘Superintendent shal fully cooperate wih the Distt In the defense of any and all demands, claims, suits, actions and legal proceedings brought against the Distt, TheSuperintendents obligation to cooperate inthe defense of any mattar as roquited by this paragraph shall continue after the termination of this Contract 7. MISCELLANEOUS PROVISIONS 7.4 Controlling Law. The laws of the Stato of Toxas shell govern this Contract. Venue for any dispute concerning the interpretation or enforcement of this Contract shall be in Fort Bend Gounty, Texas. 7.2 Complete Agreement. This Contract embocios tho entre agrooment ‘between the parties, and except as expressly provided herein, it cannot be amendod ‘excep by walton agraemont af the parts, 7.3 Savings Clause, In the event any one or more of the provisions contained in this Contract shal, for any reason, be hold to be invalid, legal, or unenforceable, such invalid, Hlagalty, or unenforceability shall not affect any othor provision therect, and this Contract shall be construed as if such inva, egal, or unenforoeabe provision had never been contained herein. This Contract constitutes the enlre agreement between the partes unloss amended pursuant tthe tems of this Contract. 7.4 Conflicts. inthe event of any confor tween the terms, conltions, and provisions ofthis Contract and the provisions ofthe Boars's policies, or any pormissive state oF fedora aw, then, uross otherwise probitited by law, tho torms ofthis Contract shall ake precedence over the eoniary provisions ofthe Boards polices or any such portissive law during the term ofthe Contract.