/ENT AND RE! ‘STATEOF TEKAS 4 4 COUNTY OF WICHITA § THIS VOLUNTARY SEPARATION AGREEMENT AND RELEASE (‘Agresment” by and between the CITY VIEW INDEPENDENT SCHOOL DISTRICT (‘District’), polcal Subdivision ofthe State of Texas, and Steve Haris, his ropesontatves, his, executors, and asigns (Harri. aris ad the District hal be rtersed to herein Joily asthe "Parties" This Agreement is the final agreement baween the Disrict and Haris and it conob the contractual employment reitonship bebventhe Pris afi the date ofthis Agreement. RECITALS: WHEREAS, Haris is curently employed by the District sis supeintenient under a contact commencing on July 1, 2017, nd expiring an June 30,2022; and WHEREAS, the Paris desir to compromise and sete all claims and causes of action of any ind whatsoever tat Haris may lave against the Distrito any agent, employes or trustee (in their ‘oficial or individual espace) ofthe Dart arising out of Harris's employment with the District and his prfarmans,or obligation of ether pry; and WHEREAS, the Parts desire compromise and settle all claims and eauses of action of any ind whatsoever hat the Distt may have against Haris oe any of his heirs, executors, administer, foocessr, and assigns arising out of Haria's employment with the Distt and his performance, oF ‘hliation of edhe pry, and intend that the ful ts and conditions oftheir compromise and settlement beset forth in his Agreement \NOW, THEREFORE, in consideration of the mutual representations, promise, and agreements set ut blow, ncing the rectals set forth above, and withthe express intention of setling and ‘extinguishing tl obligations, demands, elas, enuses of econ, and ably of whatever nature relating to Har's employment with the District, the Parts voluntarily agree as follows: ‘AGREEMENT. 1. Resignation. In exchange forthe consideration described below, Haris hs voluntarily reveal resigned on August 28,2017 from his present position withthe District effective the sme ‘dt Resignation Date") The signing ofthis Agreement by an authorized official of the District shall ‘tiie aceaptance of such resignation, without any furtar ation or formality required by the Distt fd alioconsthutes writen notation to Haris ht Harris resignation has been accepted. Haris shal te pigs coacual slay and benef through the Resignation Dats. 2. Disa Bren, Haris shall return alleys, credit cards, books, records, student records, computers, if a, ad any other property. if any, ofthe District in Tacri’s possession within tine days ue Resigmthas Date. All electronic equipcat hall be returned without damage ot teation tothe content or fs; specifically, Harris f prohibited fom “wiping” aay electron device ‘owned bythe District and isued to Haris dring employment before reuming. Arrangements shall be ‘nade with Disit’s technology personel to retrieve Harris's personal files afer equipment i returned, 3. Buture Employment, In exchange forthe consideration inthis Agreament, Haris forever temaves his from the pool of prospesive employees who may be eligible and qualified for ftureemployment with District. Haris acknowledges and represents that forging future employment ‘opporunties with Dist doss not sigifcaly restrict his ability to fg ther gainful employment ‘hin his bits, profession, ce geographic location. (Haris inti 4. Persona Effet. Upon the Resignation Date, Harris hal remove all personal effects and property fone dhe Distr, i any, during regular businss hous orale regular business hours atthe Interim Superintendent's discretion. 5. Release of nfermation The District agrees o place al negative documentation related to Harris in a separate seed file otber than financial record. Haris understands end agrees tht such documentation may be disclosed pursuant to a subpoena, judicial o quasijudiial order, infomation request allow by law, andor other judicial or administrative requirements. Haris understands and ‘gees tht the District may cooperate with SBEC andor a law enforcement ageney in any investigation regarding Haris, inluding but not mite to providing information andlor documents related to Harrs's employment. Nothing in this Agrereny, including the District's agreement to seal document alten oe motes the Istria’ ably oF ebligation(s) to provide information to SBEC ce law enforcement agency elated to Harris 6. No Furs: Oblisations. The exchange by the Paris of the promises and other consideration stout tin shal constitute full and ial satisfaction ofthe District's biigations to Har san employe including, but mot limited to, any and al eghts Haris may have fad pursuent to his employment vith District, ss wll as any addinal right or privilege Harris may have Had pursuant to Sle federal. 7. No-Admisions. This Agresment is entered voluntarily between the Parties, and the Paes uidersan and agree tat the terms ofthis Agreement are contacts and not merely rela and tat the agreements and consideration paid are to compromise disputed cans, avoid litigation and buy Pace, and th no states or consideration ven shall be constued as an admission of any ability ot ‘wrongdoing by or on bel fete Paty. 8. Hart's Release In exchange for the considerstion set out here, which Haris specfcaly acknowledges to be suficint consideration to support this Apre-ment, Harris irevocably ‘nd uncondianlly WAIVES, RELEASES, ACQUITS, INDEMNIFIES, HOLDS HARMLESS, AND FOREVER DISCHARGES the Dsl, slong with its respective current und former afiliats, afte ces gens, eis, Board of Trustees, individual wustss, employees, fiduciaries asian, representatives ‘officers, insurers, attorneys, and any other person acting on behalf of the’ Board oF ‘rastes or the Disvict (Released Parties"), of and fom all eauses of acon, dei, salaries, wages, compensation benef, damages, lables, costs, controversies, clans, demands, contract, rigs sd Brivilegs of every mature and description witsoeve, whether intr, contrat, or equity, whether known unknown, o by vite of any civil righ or other federal or sate conto law, regulation, o ule asserted or urassered, rsngoroecurring at ay time on e prior to the date of Haris exceuton ofthis ‘Ageemen. Haris WAIVES, RELEASES, ACQUITS, INDEMNIFIES, HOLDS HARMLESS, AND FOREVER DISCHARGES these claims, causes of action and lables on bet of himself sa on ‘etal ofhis heirs, asigs, and anyone making claim trough Harri, ‘Tie tains, causes of action, and sbi WAIVED, RELEASED, ACQUITTED, INDEMNIFIED, HELD HARMLESS, AND DISCHARGED ty Hari include, but ere not limited, ll hms, causes of action and likes arising out of or rented 10 Harris's employment, resignation, or he elaonsip with the Disict whether based on tort, contact expres implied), cay local sat, municipal, o federal taut, order, equation, ordinanes, or common lw Including but ne Hite to, aims under Tle IX of the Eduction Amendments of 1972; the United States Constitution the Contittion ofthe State of Texas; 42 United States Code Sections 198), 1981, and 1988; Tite VI ofthe Harris Settlement and Release 2Civil Rights Act of 1964 and 1991; the Worker Adjustment and Retraining Act; the Age Discrimination in Emplaymert Act of 1967 (a amended); the Older Workes Benefit Protection Act the Equal Pay Act the Teas Labs Code; the Texas Commission on Human Rigs Act Seton SO4 of the Retaliation ‘Act of 197; the Americans with Disabilities Act of 1990, as amended; the Immigration Refarm and ‘Conro As; the National Labor Relations Act; the Lily Ledbeter Fai Pay Act Texas wage and our laws: and any common fv claims tat were rized or could have becn raed by Haris on or before the ‘excetin of ts Agreement, unless otherwise probit by la, or anyother claims for personal injury, monetary damiges, back pay, frat pay, benefits, compensatory damages, punitive damages, liquidated mags, ator fees and any other form of personal rele, Harris expressly agrees not to sue or participate, unless requed by court order or law, in any {federal or ste jal o tate administrative proceeding against the District or its oficers, employees, ‘representatives ‘or ages, in thei offical or individual capacities, related to his employment by the Dist, Boare member, ee District employee conduct during his employment with the District, o hs resignation fem the District, and farther expressly agrees, unless etherwise prohibited by law nt ‘make any repr or elaims regarding Board member of District employee conduct committed prio tothe xceutlon ofthis Agreement, to any federal or state agency or tribunal, unless such action would be prohibited by uw. Harris further expressly agres to withdraw or dismiss with prejudice, any pending ‘reports or cluin tat he has led of asserted against the Dis, its Bowed of Trustes, the individ membes there, its employees, agen, atiorneys and any ther person ating on bel of the Board of ‘ruses or the District, with any judicial oc administrative body in any forum wasceve, inclding but no limited toe Texas Education Agency, the Texas Commission on Human Rigs, the State Board fr Ediator Cerifcaton, or any court inary juristieton, and speiially waives hi ight to recovery for ty ation hes fled withthe Equal Employment Opportunity Commission ("EEOC") or thatthe EEO has brought ons behalf In valving and releasing any and all claims against the Released Parties, whether or not now ‘own to Haris, aris understands tha this means that if Hams later iscovers fats diferent from or fics in aden to thse fet curently known by Harris or beloved by Harris to be tr, the Waivers and release in this Agreement wil remain in effect in all espeets, despite such diferent or additonal facial Harre's ltr discovery of such fies, even i Harris would no have agred to this Agreement if Harris ad pri knowledge of och facts. ‘The RELEASE and WAIVER inthis Agreement docs no apply to claims tha may arise afer the atts Agreament is signed by Harts or claims that may nt be waived or released as a mater of, including but wt limited to vested and aocrued rights and Beets in any rairement or welfare benefit ‘ln. Nathing in this Agreement sal prhibit Hats fom: (I) enforcing the terms of ths Agreement; or (2) participating in an investigation in connection witha charge withthe EEOC. similar goverment ‘sdminisrativesgecies; provide, however, that Haris speifialy waives and releases his ih if any, ‘o any monetary recovery or oter rele ht may arise fom and/or relate o such filings against any of ‘he Released Pato. (Var ni 8. 7 Harris acknowledges that he ‘knowingly and voluntary enters ina this Agreement and as such, WAIVES and RELEASES any clin hey tave under the Age Discrimination in Fpnyment ct of 1967 ADEA") (@) Haris acknowiedes that the foregoing paragraph 1, seting out Harris's waver and release of clans, including those arising under the Age Discrimination i Employment Act, ae an incgral part ofthis Agreement, and such paragraph 10 and ‘is entire op ‘writen in plhin English understandable by Hanis (Car's Harris Settlement and Release 3(6) Hanis acknowledges that it is Harris's understanding tht this waiver and release of age claims waives his rights and claims that may arse under the Age Diserimination Jn Employment Act and meets the requtements Set out in the Older Worker Protection Act fra valid and binding waiver and release (Harri nt (©) Haris acknowledges that this vaiver and release of age claims does not attempt to Fequire a waiver of Harris's rights or claims under the Age Disrimintion in Employer, Act that may arse fer the dae tht this Aerecment is signed. (Harris's ina eae ere Sr etapa martin te ety Eeorier gen gaya eons (©) Hanis acknowledges that this Agreement advises Haris to consult with an ateeney botore signing and be bas, in fact had an opportunity to 60 8. (art's nia (9 Haris acknowledges that Haris bas been given at lest 21 days within which to consider this Agreement, ineloding the waiver and release of age claims, price to signing this Agreement. However, any revisions to this Agreement, whether material fimmateif, do not restart the running of the 21-day review period (Harris's Ina (@) Hanis acknowledges that Haris shall be given seven days after signing this ‘Agreement to rescind, revoke or cancel this Agreement, and tat Harris reetved © Rescission Notice fr this purpose with this Agreement, Haris also acknowledges and agrees tha, f Has should rescind evoke, or cance tis Agreement within the ‘sever period specified, this Agreement wil be null and vod, except ay Set forth in subparagraph (below, and thatthe Agreement stall not be effective unt the seven-day pyocation period has been exhaust (the “Effective Date”), (Hat's ints (0) Hots acknowledges that revocation of this Agreement does not withdraw his ‘resignation withthe District, and that his resignation wil have already been accepted ap ‘effect a8 of the exiginl signing ofthe Agreement. Haris’ intial D. 10, District's Release, Except with epost to seeking reimbursement of certain unauthorized expects of Distr funds hy Has, District oes hereby release, acquit, and frever discharge Harts fom al civil scion, civil eases of action, civil obligation, civil ows, civil expenses, evil damages, Cul ses, civ claims, civil libiltis, civil debts, and evil demands Gnclding attorneys’ foes and costs actually ineured), whether known or unknown, that District had, now has, or inthe future may have ‘seat Hants y reason of or In any respect to, any ac, case, mae or thing that may have arisen et anytime upto and ncluing the date of execution of this Agreement, of whatever eharacte, a iv aw ‘oF inequity, arising out of Harris's employment with he Dist. 11, Disti’s Defense of Hanis. Toth extent i may be permite to do so by applicable aw sit caently exis or is heeaer amended, including, but nt limited to Texas Civil Practice & Remedies Cole Chapter 102 the District does hereby agree to defend, hold harmless, and indemnify Harris Settlemes and Release 4Harri from any and all demands, claims, including but nt limite o suits, ations, judgments, expenses nd attorneys fs incre in ay legal proceedings or administrative proceedings curently pending ce ‘ubsequenly heeto Brought against Haris in hs individual capacity or his offical capacity as an tamployee of the District, providing the incidents) which (are) the basis f any claim or await arose ce oes are in the future wile Haris, as an employee of the Distt, was seting within the scope of Harris's employment with the District excluding, however, those claims or any causes of action where it is dtrmined th Haris commited criminal acs official misconduct, or commited wilfl cr wrong ‘cto omission, oan acto omission constituting gross negligenee, or acted in bad ath, with conscious inierence or vekless dstegard; and excluding any cass, fs, exposes or damages that would be recoverable or payable unde an insurance contract el iter bythe District or by Haris or recoverable by Haris under Texas Education Code Ciaper 22, SubchaperB Harris agres that he is obligated to Timely notify ary insurer tht may provide a defense or cover any claim made against Harts in his individual eapacty of his official capacity as an employee ofthe District of the claim and provide any laformation required so tat the claim canbe processed. If Harris legal counsel snot also District's legal counsel, the selection of Harris's legal counsel shal be subject to the mutual agreement ofthe Disc and Hens. A legal defence may be provided through insurance coverage in which case Harris's Fett agree tc legal counsel provides for him wil depend on the tems ofthe applieable Insurance 12. Martiss Cooperation. Harris agrss 10 provide assistance to and cooperate withthe Daves Trustees, gen, and atloreys in espone oo in defense of, any demand, claim, compa, sult acto, or kal proceeding brougt against the Dist, ts Trustees, or agen, aring from any ais or events alleged to have occurred during the term of Hiaris's employment with the Disrt, at no dona experse to the Distrit eter than reimbursement to Harris for his documented reasonable and necessary out-of pocket expenses, pls reimbursement of any slay lst by Haris by vite of him taking time off fom his then current employment to asst the District ais request. Requests for assistance fiom Haris with expect to such maters shell be made though the Presiden ofthe Board of Trustees, ay successor superinenset, andlor legal counsel forthe District, and the amount to be reimbursed to Harris stall be in accordance withthe travel reimbursement policies curtedly In effec for Distt employers ay applicable anf therwise shall be mutually understood and agreed in advance. (Hart's ‘nt, 13.) YoRealiaton or Disparagement. If asked about the Agreement or the other Party, the arty so asked sl sy ony, “The situation was resolved tothe parties” mutual salsfaction, and 1 ‘am nt permitied to comment further.” In making this Agremen, the partis acknowledge that etch of them Is voliaarly vaiving hs oc ks freespoech righ under the United States and Texas {Csttuions bat is doing so ony afer careful consideration and in consultation wit his or its atorey “The Pris agres that flue to eet the requirements ofthis paragraph could constitute a breach ofthis ‘Aggeement and that this Agreement could be used in any appropiate legal proceeding to enforce the ‘ers ofthis Apreement or protect the individuals this Agreement is designed to protec, and thatthe ‘es ofthis parsgraph shal Survive the ermination of this Agreement 14. Voluntary Agreement. The Parties stipulate that this Agreement has been entered ito voluntarily and ta ares of enecion, dures, or undue influence. Haris acknowledges that he bas rend an filly unre the terme nf tic Agroment, art hat thie Apr! sed pc advice of tnd with consent of ese 15, Entice Agresment, This document constitutes and contains the entire Agreement nd understanding covering Harris's employment with the Distr, voluntary resignation from the same, ‘nd the ether sbjet mater addressed hare between the Parts, and supersedes and replaces all prior neptations, agement, understandings, or dscissions, wheter or orl or writen, express or implied, oneering this subject mater, The Parte each acknowiedge that no rereserations fave been made Harris Settlement and Release sthem tht arent contained inthe Agreement, tht they have nt signed this Agreement in reliance on any representation at expresly set forth inthis Agreement, and tht any representations of any kind not ‘onaind in ts Agreement sbal oot be valid or binding, unless, flowing the sigaing of this ‘Agreement, the Parts put sch a modiiation ina writing signed by both an authorized represeéative of ‘the Distt andthe Haris. 16, No‘ramserof Ris This Agreement shal be binding upon all Pats, their espctve hes, executors, amiisators,sucssors and assigns. Harris acknowledges that be has not transferred tr assigned any cause of ation or claim, in whole of in prt, that he may have aginst the Distrito any person firm of enity. Harris ropesets and warns that he isthe sole owner of any claims he has Feleased inthis Agreement, and tht he as nt assigned or tanfered any such claim (oe any interest in ‘uch clan) to any ether person, and he will inden, defend, and hold the Released Paris hares fo any damages, costs, cr expenses that they may incu if these representations and warranties are ncoret nan respect. 17. Legal Coussl Haris represents and agrees that e has discussed this Agreement with toga counsel his choice, hat Has fully understands und comprehend all terms ofthis Agreement, in thet Hanishas ot trated assigned any art of any eauseof action or claim hereby released to any peso, fr o ent. 18, Atanay’s Fes. The District and Hass agree that each party shal be responsible fr the ‘syment of ther own respetiveatloreys’ Tes. Inthe event ether ofthe Parts brings an action against the othr party under the tems and provisions ofthis Aprecment, the losing pty in hat action ages fo ay the prevailing partys easonabl atloreys Tees snd cout ass, f be alixed by the Court. 19, Slate Law to Apply. ‘This Agreement is o be performed inthe State of Texas, andthe substantive lve of the State of Texas shall govern the validity, consiruction, enforcement, and inerpettion this Agreement. Venue for any scion ought to enforce or interpret this Agreement shall be beougit in Wihita Coury, Texas. 20, Several, Inthe event that any on o more provisions (or any potion thereof ofthis Agreament held tobe invalid, unlawful, or unenforeeabe for any reason, the invalid, unlawful, oF ‘unenforceable provision (or portion there) sal be interpreted or made so aso provide the Released ares with the maximum protection that i valid, lawful, and enforceable, consistent with the intent of the District ani Haris in entering into this Agreement. If such provision (or portion thereo) cant be interpreted or modified so as tobe valid, lawl and enforceable, tat provision (or portion thereof shall ‘be seveod fom the remainder ofthis Agreement (or provision), and the remainder shall contin in fect ad be construed as broadly as possible, a if such invalid, unlawful or unenforceable provision (or ‘orton thereof had never ben contained in this Agreement 21, dolly Dealing This Agreement isthe product of ara length negotiations between the Pats and tr couse, and no party shal be deemed tobe the daterof any provision or the entre Agesment. ie wording in this Apesment was reviewed and accepted by all Parties aftr reasonable time to review with legal counsel and no Party shall be entitled to ave any wording ofthis Agreement corset ast the er Pay the ae ofthe zee inthe eve any dispute in comnecton swaths Agreert. ‘This Agreement may be executed in 2 umber of identical exonerate shal decd rl fal prs The Pars fr grt they stall exert any a all documents necessary Yo affect the intent and purposes of this Agreement. Each Pry ops thal facsimile signatures shal hae the same eTet as cgi signatures Harris Settlement and Release ‘23. Conditions of Breach by Harris Haris specifically agrees tat the Distr’ obligations under tis Agree were made in eur for his obligations asst forth in this Agreement. Haris fuher tres tat if breaches any ofthe obligations set forth inthis Agreement, including, but not Tmt, to the release of ability, such a breach would cause ham tothe District and its operations, for which the District may rcover damages or ober rele, inlading injunctive elie, payment of ll reasonable more foes, an anyother compensatory damages incurred by Has’ beach 24 COBRA Notice Notice is hereby. given that the "qualifying event” under the Consolidated Omnibus Racancition Act ("COBRA") shall occur on the effective date of resigation, ‘Haris sal thereafter be eligible to contin inthe Distr’ insrance program for the statuary ltd ime, povided Haris pays the necessary premiums athe appropriate tines. 25. Headings and Terms. The pargraph headings ofthis Agreement are for convenience only al are sot iteed to have any’ effet in construing or interpreting this Agresmens. The term “inluing” nhs Agreement is used to st items by examples oa, not provide an extaustive lis. 26. Authority. Bach signatory below acknowledges, represents, and warants tat they have the requisite asthoriy to execute this Voluntary Separation Agreement and Release of Claims in ddsignatd capac. 27. Public Information The Parties acknowledge that, upon fll execution this Agreements publi docamont under the Texas Publi Tnfrration Act. 28, ling of Reports, Harris understands and agres thatthe District i required to file & report with te Texas Faucatlog Agency ("TEA") regarding Haris resignation and this separation ‘ramet (Hass nia ‘The Perizs have made ahd executed ths Agreement onthe dats sated below. PLEASE READ THIS SETTLEMENT AGREEMENT CAREFULLY. IT INCLUDES A WAIVER ‘AND RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS, (SIGNATURE PAGE TO FOLLOW) Harts Settlement and Release 7By: pac: 6 °BB- IV By: ATIBST: TITLE: Secteur, Board of Tastes ‘arrs Settlement and Release 8 Sieve (CITY VIEW INDEPENDENT SCHOOL, DISTRICT p Kew TITLE: Presiden, Board of Trstees