Professional Documents
Culture Documents
This Employment Contract is made this the lst day of April, 2011, between the
UNIVERSITY OF SOUTH ALABAMA (the "University") and Joey Jones ("Coach") in the
role as Football Head Coach.
ARTICLE I
PURPOSE
The University and Coach have entered into this Employment Contract because the
UNMRSITY
desires to hire Coach for a designated period ending the 25th day of February,
2016, with the Coach's assurance to serve the entire term of this Employment Contract, a long-
term commitment by Coach being critical to the University's desire to run a stable sports
program (hereinafter referred to as "Program").
The University and Coach agree that head coaches of intercollegiate athletic teams at the
Universify conduct their professional activities under circumstances unique in the family of
University employees, including evaluation and scrutiny of team performances by the public and
the media and control by extemal rules and regulations. The University has agreed to employ,
and Coach has promised to be employed by the University upon the following terms and
conditions.
Coach shall be an employee of the University with the terms and conditions of this
employment restricted solely to this Employment Contract. Furthermore, Coach understands
and acknowledges that this employment with the University is not a tenure-track position and
will not
lead to tenure. At the conclusion of the season, the performance of the team
will
evaluated and the contract reviewed. The evaluation will be determined by the Director
be
of
Athletics.
ARTICLE II
POSITION
2.OI
A. RECOGNITION
OF DUTIES
Coach agrees to be a loyal coach of the Universify. Coach agrees to devote their best
efforts full time to the performance of duties for the University, to give proper time and attention
to firrthering their responsibilities to the University and to comply with all rules, regulations,
policies, and decisions established or issued by the University. Coach also agrees that,
notwithstanding any other provisions of this agreement, during the term of this Employment
Contract, they will not engage, directly or indirectly, in any business which would detract from
their ability to apply their best efforts to the performance of duties hereunder.
B. GENERAL DUTIES AND RESPONSIBILITIES
During the period in which the Universify employs Coach in this position Coach agrees
to undertake and perform all duties and responsibilities attendant to the position as set forth
herein.
Employment Contract.
1.
carrying out the duties and responsibilities as set forth herein or as may be
assigned by the Director of Athletics and perform the duties and
2.
3.
well as all University rules and regulations relating to the conduct and
administration of the Program. In the event that Coach becomes aware, or
has a reasonable cause to believe, that violations of such constitution,
Use best efforts to ensure that all academic standards, requirements and
policies of the University, the NCAA and the Sun Belt Conference are
observed by themselves and by members of the coaching staff at all times,
of
prospective and current student athletes for the Program, and ensure that
said standards, requirements and policies are not compromised or violated at
any
time. Further, Coach will maintain the leadership role in the effective
that the football program will obtain single and multi year APR scores
of
925 or better.
5.
Use best efforts, in conjunction with the University, to ensure that all
student athletes recruited for the program are provided proper academic
counseling and are encouraged to and given every opportunity to meet the
degree requirements necessary to graduate from the University.
6.
Recruit, coach, and train the student athletes to compete successfully against
major college competition in a quality program.
7.
Use best efforts to ensure that the program's student athletes conduct
themselves in a manner that will reflect a positive image for the University.
8.
9.
Use best efforts to establish and maintain a frequent and systematic program
10.
Represent the
11.
D.
In the event the University determines that Coach has violated any duty or
responsibility required under Section 2.01C., above, Universify shall provide
Coach with wriuen notice of any such purported violation within thirty (30) days
of leaming of said violation, stating with specificity the nature of the purported
a reasonable
OF NCAA OR
2.03
REPORTINGRELATIONSHIPS
The parties (without delineating the particular terms and conditions) acknowledge that
eachparty will use its best efforts and will cooperate with the other to provide the following
support for the Program.
A.
of the Program shall be subject to the direction and control of the Director
of
Athletics.
B.
The overall policy of the entire athletics program shall remain the exclusive
prerogative of the University. The Coach shall administer the daily routine and
organization ofthe Program as they deem necessary to effectuate its success,
Coach shall have primary responsibility for decisions relating to choice and
scheduling of opponents, means of travel to be employed, hotel, food
accommodations, size and content of the travel squad andpafi, and all other
matters pertaining to the operation of similar phases of the Program, but final
with any contractual agreements between the University and the travel agency
contracted by the University.
D.
Coach shall have the right to release, hire, and retain assistant coaches subject to
the approval of the Director of Athletics.
E.
Coach shall have primary responsibility for developing the budget annually for
the Program subject to the approval of the Director of Athletics. Further, if the
University atany time decides to change its competitive status under the NCAA
rules, regulations and/or constitution regarding competition, (e.g. Program
becomes Division II) to any status lower than Division
ARTICLE III
TERM OF EMPLOYMENT
The initial term of this Employment Contract shall be for a period beginning on the
l't
ARTICLE IV
COMPENSATION / BENEFITS
In consideration for the promises Coach has made in entering into this Employment
Contract, Coach shall be entitled to the following forms of compensation: guaranteed base salary
payment; the possibility of merit increases in base salary; fringe benefits; and opportunities to
earn outside income, including summer culmps. Each of these forms of compensation is
described below. All payments from the Universify are subject to normal deductions and
withholding for State, Local and Federal taxes and for any retirement or other benefits to which
the Coach is entitled or in which he participates. These payments are also subject to the terms
and conditions of this entire Employment Contract including those relating to termination. Any
across the board salary reduction for University employees
4.OI
A.
of
S301,200 payable in equal monthly installments during the term of this contract.
The annual salary includes a $25,000 payment to Coach in return for agreed upon
appearances and conditions with IMG Communications conceming media rights
as identified in an Amendment to Employment Contract entered into on January
A.(2)
Coach's annual salary will be $325,000 on September 1, 2011. The annual salary
contains a base salary of $300,000 and a payment of $25,000 in return for agreed
upon appearances and conditions with IMG Communications conceming media
January
During the term of this Employrnent Contract, the Coach shall be eligible for
usual, normal University salary increases or equivalent given to Administrative
employees for a particular fiscal year in the event that such increases are given and
as long as the football program's single and
If
Coach, such benefit shall be calculated without including any outside income paid
in accordance with the provisions of this Employment Contract.
D.
Coach shall be eligible for 12 days sick leave per year which will accrue at arate
The University will reimburse the Coach for all travel and out-of-pocket
expenses reasonably incurred for the purpose of and in connection with the
will fuither
University of appropriate
F.
the Sun
In the event the University becomes a member of a conference other than
better
Belt Conference, the salary of the Coach will be reviewed and adjusted to
4.02
COACH'S BONUS
A.
If the team wins eight of ten games 50Yo of a month's salary, less
payroll deductions:
o If the team wins nine of ten games a month's salary, less pa1'roll
deductions:
and a
deductions.
deductions:
games 600/o
deductions:
o If the team wins ten games 80% of a month's salary' less payroll
deductions:
o If
deductions.
month and
half s salary,
10
payroll deductions.
if
the team participates in a Bowl game but does not win the Sun Belt
Championship.
if
Belt Conference.
B.
will
subsequent to official single year APR scores being released from the
be
paid
NCAA
If COACH is not
employed at the University at the time of the release of the scores the bonus
shall not be paid.
4.03
11
A.
PROVISIONS
in which
The following general terms and conditions shall apply to each case
of
Coach seeks to or makes arrangements to earn outside income as a result
holding this position:
3. UNIVERSITY
APPROVAL IS REQUIRED.
of the
advance written approval from the President and Director of Athletics
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4.
5. REVENUES.
rules and regulations and interpretations thereof of University; the Sun Belt
Conference, or any other conference Universify may choose to enter; and the
NCAA, the Coach shall be entitled to retain all revenues generated by such
outside activities. Notwithstanding the above and foregoing, all activities in
which Coach may be engaged and for which income compensation is received
must be in accordance with the State Ethics Law.
B.
SUMMER CAMPS
Coach shall have the opporfunity to use Universify facilities, when available and
pre-approved by the athletic director, in connection with camps run by Coach and
using their name, provided that the University is reimbursed by Coach for
excessive wear and tear use of the facilities. Coach
will
be responsible for
procuring at the Coach's own expense the insurance for camps that is required by
the University. Coach may not use the name of the University in the name
of
the camp. Any profits made by Coach from this enterprise shall be retained by
them solely.
C.
13
2.
the first day of each calendar year, all athletically related income from sources
outside the Universify, including summer camps or consultation contracts
with entities, and the Universify shall have reasonable access to all records of
Coach necessary to veriff such reports.
ARTICLE V
TERMINATION
Coach recognizes that his/her promise to remain the University's coach through the
that
entire term of this Employrnent Contract is of the essence. It is also recognized, however,
this
certain limited circumstances may make it appropriate for the University to terminate
Contract prior to the completion of its entire term'
L4
5.01
to its normal expiration date. Notwithstanding an1'thing herein to the contrary, in the event that
the Universify terminates the Contract on the basis of any one of the following A through E, the
due. The
A.
That Coach pleads or is found guilty of any criminal violation (excluding minor
traffic offenses). Upon being charged with such a crime, the University may
suspend Coach without pay, pending outcome of the charge. Payment
will
be
Actively engaging in any conduct or committing any act that brings Coach and/or
the University into public disregard, contempt, embarrassment, scandal or
ridicule and that negatively impacts the reputation or high moral or ethical
standards of the University of South Alabama.
C.
That, after written notice of non-compliance and Coach's timely response (not to
exceed ten
[0]
policies, rules, and regulations of and governing the University of South Alabama
and its employees, the rules of the Sun Belt Conference or any other conference
with which the University may be affiliated and the National Collegiate Athletic
Association, as now constituted or as any of the same may be amended during the
term hereof. Such compliance will relate to material policies of the subject
D.
neglect or inattention during a subsequent period of not less than twenty (20) days.
E.
That, after written notice of non-perforrnance and Coach's timely response (not to
exceed twenty [20] days), University determines that Coach has failed to
adequately perform duties as assigned per this contract andlor by the Director
of
authorized alumni booster club activities, cooperating with news media, positively
representing the University and the University's athletic programs in private and
public forums and the specific duties assigned by the Director of Athletics. The
success of the program as determined by won/loss record
will
be deemed a reason
for such termination. In such event, however, the University will have an
obligation to pay the base salary for the remainder of the Contract term.
5.02
normal expiration date without cause. Termination "without cause" shall mean termination
of
this Contract on any basis other than those set forth in Section 5.01. Termination by the
University without cause shall be effectuated by delivering to Coach written notice of the
I6
termination of this Contract without cause. Such notice will effect immediate termination of this
Employment Contract.
5.03 LIOUIDATED
CAUSE
A.
in accordance with the provisions of Section 5.02 hereof, the Universify shall pay to Coach,
as
liquidated damages, the sum of the base salary equal to the remainder of this contract, as
provided under Section 4.01.
In no case shall the University be liable for the loss of any collateral business
opportunities or any other benefits, perquisites or income resulting from activities such as, but
not limited to, camps, clinics, consulting relationships or from any other sources thatmay ensue
as a result of the
rights and obligations due from each party to the other under the provisions of this Contract shall
cease.
The liquidated damages amount shall be paid in monthly installments commencing after
the month in which the termination date occurs and continuing each succeeding month until the
date the Contract term would have ended but for the early termination. To the extent required by
law, the liquidated damages amount shall be subject to deductions for state and federal taxes.
The monthly liquidated damages payrnents by the University shall be offset, reduced or cease as
specified in Section 5.03 B.
B.
in or performance of activities
the end of the term of the Contract, or any extensions thereto, Coach's then
1B
number of months in the period between the last day of the month in which the
termination date occurs and the date the Contract term would have ended as
specified above, or pursuant to any amendment. Coach agrees to noti$'the
University within fourteen (14) days of the date Coach accepts a New Position,
and the complete details of the employment including all compensation associated
termination of the Contract for any reason whatsoever, Coach agrees that the
University shall be entitled and authorizedto withhold and deduct from any final
payment of any kind that is owed to Coach by the University the amount of any
unretumed recruiting advances, or other funds previously advanced to Coach by
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In the event of termination of this Contract by Coach during the term of the contract as defined
in Article III, Coach, as the terminating party, shall be required to pay to the University the
amount of $75,000.
Such liquidated damages shall be due and payable within 60 days after the effective date
of termination of this Contract by Coach. Failure to timely pay such liquidated damages shall
constitute a breach of this Contract and such sum shall be recoverable together with reasonable
attorney fees, in any court of competent jurisdiction. In no case, shall the Universify be liable
for the loss of any collateral business opportunities or any benefits, perquisites or income
resulting from activities such as, but not limited to camps, clinics, media appearances, consulting
relationships or from any other source thatmay ensue as a result of the termination of this
Contract by Coach.
The parties have bargained for and have agreed to the foregoing liquidated damages
provision, giving consideration to the fact that the Universify will incur administrative recruiting
and resettlement cost in obtaining a replacement for Coach in addition to potentially increased
as
adequately. The parties further agree that the payment of such liquidated damages by Coach and
acceptance thereof by the
the University for the damages and injury suffered by it because of such termination by Coach.
The foregoing shall not be construed to be a penalty. Provisions of this section shall be without
prejudice to any rights the University may have under any applicable law. Upon termination all
rights and obligations due from each party to the other under the provisions of this Contract shall
cease. Except as provided in Section 5.03, upon termination by the University or Coach, the
University or Coach has no responsibility for the obligations or salary benefits set forth under
Article IV of this Contract.
5.05
term of this Contract, including local market radio, television or other media programs or
advertisement, without first having obtained the written permission of the Director of Athletics
and the President of the
and
position, they will promptly notify the Director of Athletics. It is agreed upon that when and
if
Coach contacts another university or employer for a position, they will promptly notifu the
Director of Athletics.
5.06
and ability, in addition to the continuing acquisition of coaching experience at the University, as
well
as the
University's special need for continuity in its Program, render Coachos services
27
unique. Coach recognizes that the loss of the services to the University without University
approval and release prior to the expiration of the term of this Contract or any renewal thereof
would cause an inherent loss to the Universify which cannot be certainly or fairly estimated in
monetary damages. It is agreed that the release of this Contract or negotiated settlement thereof
shall be entered into by the parties pursuant to that portion of this Contract pertaining to Coach's
right to terminate this Contract and that the University will not unreasonably withhold its
approval or execution of a release or negotiated settlement upon Coach's payment to the
University of the sum required as liquidated damages under this Employment Contract.
ARTICLE VI
MISCELLANEOUS
6.01
AMENDMENTS TO AGREEMENT
It is understood and agreed that this Contract shall not be effective until signed by the
22
6.02
at the
University's direction
for University's use or otherwise in connection with Coach's employment hereunder are and
shall remain the sole and confidential properly of the Universify. At the expiration of the term
of this Contract or its earlier termination as provided herein, Coach shall immediately cause any
such materials in hisArer possession or control to be delivered to the Universify.
6.03
TAX LIABILITIES
Coach shall be responsible for any and all income tax liabilities, interest andlor penalties
6.04
LAWS OF ALABAMA
This Contract shall be interpreted under the Laws of the State of Alabarna, and if any
provision of the Contract may be prohibited, this shall not invalidate the remaining provisions of
the Contract.
6.05 ACKNOWLEDGMENT
Coach acknowledges that he has read and understands the foregoing provisions of this
Contract, and that he has been afforded the opportunity to consult with personal legal counsel,
23
and that the provisions are reasonable and enforceable, and that he agrees to abide by this
6.06
OTHER BENEFITS
Any other benefits or responsibilities that
are
6.07
ASSIGNMENT
Coach's rights and interests under this Contract may not be assigned, pledged, or
encumbered by Coach.
6.08 WAIVER
No waiver by the parties of any default or breach of any covenant, term, ot condition
of
this Contract shall be deemed a waiver of any other defaults or breach of the same or any other
covenant, term or condition contained in this Contract.
6.09
DEBTS
24
It is mutually agreed and understood that Coach shall not incur any expenses or
indebtedness for or on behalf of the University without securing the necessary
University
approval.
6.10
FORCE MAJEARE
Neither party shall be considered in default if the performance of obligations under this
by notice from the party affected brought to the attention of the other parfy, including but not
limited to war, hostilities, revolution, civil commotion, strike, lock out, epidemic, accident, fire,
wind, or flood, or because of any law, order, proclamation, ruling, regulation, or ordinance of any
government of subdivision of govemment or because of any act of God.
6.11 INVALIDITY
If
OR UNENFORCEABILITY OF CONTRACT
in
whole or in part, this Contract shall be deemed amended to delete or modiff those portions as are
necessa.ry to alter the content thereof
intentions of the parties that the provisions of this Contract, including those of the Employee's
ability to accept competitive employment, are enforceable to the fullest extent permissible by
25
applicable law, but that the unenforceability of such provisions shall not render unenforceable or
6.12
It is expressly agreed and understood between the parties that the University is a public
body corporate and state institution of higher learning in the State of Alabama and that nothing
contained herein shall be construed to constitute a waiver or relinquishment by the University
of
its right to claim such exemptions, privileges, and immunities as may be provided by law.
26
signatures on this
UNIVERSITY
SOUTH ALAB
DATE:
DArE:
{ I
DATE:
)'1