CONTRACT FOR EMPLOYMENT This Contract for
CONTRACT FOR EMPLOYMENT This Contract for Employment is entered into between The Curators of the University of Missouri, a public corporation of the State of Missouri, on behalf of the University of Missouri-Columbia, hereinafter referred to as "University," and Cuonzo Martin, an individual, hereinafter referred to as "Employee." It is hereby agreed by and between the parties as follows: 1. Term. The term of this Contract for Employment shall commence on March 23, 2017, and end on April 30, 2024, unless earlier terminated as set forth herein. 2.
Duties and Responsibilities.
A. The Employee is hereby employed by the University as the Head Coach of the Men's Basketball Team ("Men's Basketball Team.") Throughout the term of this Contract for Employment, he shall use his best full-time employment energies and abilities for the benefit of the University. The University shall have full and absolute control of all employment services rendered by the Employee as Head Men's Basketball Coach consistent with this Agreement. The Employee shall work under the immediate supervision of and report to the Athletic Director of the University of Missouri - Columbia (the "Athletic Director" or the "Director of Athletics"), and consistent with this Contract for Employment shall be employed at the discretion of the Director of Athletics and the Chancellor of the University of Missouri - Columbia (or his or her designee)-throughout the term of this Contract for Employment.
B. The Employee agrees to be a loyal employee of the University. He agrees to devote his best efforts full time to the performance of his duties for the University, to give proper time and attention to furthering his responsibilities to the University and to comply with all rules, regulations, and policies and decisions established or issued by the University. For purposes of this Agreement, Employee acknowledges and agrees that such rules, regulations, policies and decisions shall be those that are maintained on a University website from time to time, and those which are communicated from time to time generally or to Employee specifically (collectively, the "University Rules"). University will use its reasonable efforts to inform Employee of changes to those University Rules which are maintained on a University website, but it is ultimately Employee's responsibility to remain current on such materials. Employee will fulfill duties in a timely, thorough, constructive, and cooperative manner, including all appraisals, administrative processes and pre-arranged meetings. C. Employee agrees to undertake and endeavor to perform properly, efficiently, to the best of his ability and consonant with the standards of the University all duties and responsibilities attendant to the position of Head Coach of the Men's Basketball Team ("Head Men's Basketball Coach''). The Employee further agrees to abide by and comply with the constitution, bylaws and interpretations of the National Collegiate Athletic Association ("NCAA") and all NCAA, Southeastern Conference (or conference University is a member of, if not the Southeastern Conference) ("Conference") rules and regulations relating to the conduct and administration of the Men's Basketball Team, including recruiting rules, and the University Rules, as now constituted or as any of the same may be amended during the term hereof. In the event that the Employee becomes aware, or has reasonable cause to believe, that violations of such constitution, bylaws, interpretations, rules or regulations may have taken place, he shall promptly 00092584-7
report the same to the Director of Athletics. The Employee agrees to comply with the academic standards and requirements of the University with regard to the recruiting and eligibility of prospective and current student-athletes of the Men's Basketball Team. Employee shall use best efforts to observe and shall reasonably instruct all members of his staff to at all times observe and not to compromise or violate any academic standards, requirements and policies of the University. D. As of the beginning of this Contract for Employment, the duties and responsibilities assigned to the Employee are as set forth below. This list of specific duties and responsibilities supplements and is not exclusive of the other general duties and responsibilities related to the position of Head Men's Basketball Coach that may be reasonably assigned by the Chancellor of the University of Missouri-Columbia or his or her designee. E. The position of Head Men's Basketball Coach is a specialized professional position. By holding this position, the Employee is not eligible for tenure. He is responsible for evaluating, recruiting, training and coaching student-athletes for the Men's Basketball Team. In his position as Head Men's Basketball Coach, he oversees and is directly responsible for the following general duties relating to the program: budget, scheduling and the recruiting, training, supervision, evaluation and monitoring the performance of student-athletes on the Men's Basketball Team as well as its coaching staff and other employees. This position has these additional specific responsibilities: (I) Consistent with NCAA bylaws, promote an atmosphere of compliance, and supervise the job performance and all other incidents of employment of the assistant coaches and other employees, of the Men's Basketball Team including monitoring the actions by such coaches and employees for compliance with the University Rules and established Conference and NCAA rules and regulations; (2) Participate in the instruction and coaching of student-athletes on the Men's Basketball Team; (3) Determine scouting schedules for high school and college games; (4) When reasonable and appropriate, communicate with prospective players, immediate family members and/or coaches; (5) Have reasonable contact with the media, alumni and civic groups; (6) Reasonably work to integrate sports into the whole spectrum of academic life to complement the University and its mission in the community; (7) Work within the confines of rules, regulations, guidelines and stated policies of the University of Missouri - Columbia Department of Intercollegiate Athletics (the "Athletic Department"); (8) Use his best judgment to issue public statements which are in the b~st interests of the athletic program and the University and not engage in any business transaction or commerce, appear on any radio or television program, or in any public forum that is likely to bring undue criticism or material discredit to the University, its curators, officers, employees, or students; (9) Make reasonable efforts, working in cooperation with and support of the University's faculty and administrative officials, to ensure that all academic requirements for studentathletes on the Men's Basketball Team are met; ( 10) Develop and implement programs and procedures with respect to the evaluation, recruitment, training and coaching of student-athletes. ( 11) Demonstrate dedication to the academic excellence of student-athletes by encouraging the student-athletes on the Men's Basketball Team to make meaningful progress towards their chosen degree programs while enrolled in the University, and in compliance with all NCAA, Conference, and University academic standards. 00092584-7
2
(12) Have appropriate and thorough knowledge of, and educate studentathletes on the Men's Basketball Team regarding, the applicable and established Conference and NCAA rules and regulations governing intercollegiate athletic competition, and applicable University Rules, and applicable federal and Missouri law, and encourage compliance therewith by the student athletes on the Men's Basketball Team; (13) Recruit, train and coach student-athletes on the Men's Basketball Team; (14) Use best efforts to prepare players for each Men's Basketball Team game and each Men's Basketball Team season; and (15) Establish and maintain a reasonable program of personal communication with the University's administration, faculty, staff and student body. 3. Annual Salary. Beginning March 23, 2017, the University shall pay to the Employee salary on an annualized basis of Three Hundred Thousand Dollars ($300,000.00) (hereinafter referred to as "annual salary"), paid as set forth in Subparagraph 4.1. The Employee shall be entitled to participate in all employee benefits for which he is eligible and which are available to full-time employees of his classification of the University under current and future established University policies, with contribution and benefits amounts based upon the annual salary, as applicable:; and 4. Other Employment Benefits. The following employment benefits will be provided to the Employee while he serves in his capacity as the Head Men's Basketball Coach: A. University agrees to pay to the Employee the amount of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, it being understood that in exchange for said payment the Employee relinquishes all of his rights to receive any monies or consideration of any kind whatsoever, from any manufacturer, distributor, retailer, or seller of athletic shoes, apparel or equipment, and the Employee assigns all said rights to the University. In the event University enters into a contract with a company which is in a business as immediately described above, then notwithstanding the foregoing restriction, the Employee shall be entitled to make individual arrangements with the same company to serve as a consultant to or to make personal appearances on behalf of the company, for individually negotiated compensation (monies or other consideration), so long as the activities on behalf of the company do not materially interfere with the employment responsibilities of the Employee. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract; and B. University agrees to pay to the Employee the amount of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, it being understood that in exchange for said payment, the Employee relinquishes all of his rights to receive income or payments of any kind whatsoever, directly or indirectly, from any source other than the University in exchange for his appearance or participation in television shows, live or taped, and the Employee assigns all said rights to the University. Notwithstanding the foregoing, the Employee may participate in television broadcasts related to post-season basketball games (.e.g., network halftime shows), and other similar "expert coach" broadcasts. The Employee agrees to appear and participate in television shows arranged or produced by the University concerning the Men's Basketball Team at the University of Missouri-Columbia. University will make reasonable efforts to schedule appearances and participation so as to not interfere with the professional and personal schedule of the Employee. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract; and 00092584-7
3
C. University agrees to pay to the Employee the annual amount of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, it being understood that in exchange for said payment, the Employee relinquishes all of his rights to receive income or payments of any kind whatsoever, directly or indirectly, from any source in exchange for his appearance or participation in radio shows, live or taped, and the Employee assigns all said rights to the University. Notwithstanding the foregoing, the Employee may participate in radio broadcasts related to post season basketball games and other similar "expert coach" broadcasts. The Employee agrees to appear and participate in radio shows arranged or produced by the University concerning the Men's Basketball Team at the University of Missouri-Columbia. University will make reasonable efforts to schedule appearances and participation so as to not interfere with the professional and personal schedule of the Employee. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract-:-; and D. The Employee will actively participate with and assist the Director of Athletics and any other personnel of the Athletic Department designated by the Director of Athletics in the promotion of athletics at the University of Missouri-Columbia with appearances before, meetings with and presentations to the general public, alumni groups, booster groups and organizations, statewide and local civic organizations, public educational organizations, school districts, and employment and professional organizations. The Director of Athletics or his designee may schedule a reasonable amount of public appearances of the Employee and will endeavor to not schedule activities in conflict with the Employee's personal and professional schedule. In addition, the Employee will use reasonable efforts to advance and enhance the image of the Men's Basketball Team at the University of Missouri-Columbia. The University will pay to the Employee the annual sum of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, for the performance of services under this paragraph. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract. E. The Employee may operate an institutional youth basketball camp at University facilities in the State of Missouri in the summers during the term of this Contract for Employment for rates consistent with other University head coaching camps and Employee shall be entitled to retain all net proceeds from the operation of such camp. The Employee will use his best reasonable efforts to conduct a quality basketball camp(s) for youth which will bring credit to himself and indirectly the University. The University shall provide Employee the resources to effectively and professionally operate any such camp consistent with the resources provided to other University head coaching camps, including without limitation liability insurance and marketing materials. The Director of Athletics (or his designee) and the Employee will cooperate in the distribution of the net proceeds of such camps at the Employee's discretion. F. Membership at a local country club with initiation and monthly membership fees to be paid by the University. The Employee will be responsible for any food and beverage charges and other expenditures resulting from this membership unless the expenditure is approved by the Director of Athletics. G. Two (2) courtesy cars reasonably approved by Employee provided by car dealers through the Athletic Department will be made available for use by the Employee in accordance with 00092584-7
4
University policy. Employee may, by advising the University, elect to receive a monthly stipend of Eight Hundred Dollars ($800.00) in lieu of use of a second vehicle. H. University agrees to pay the Employee extra compensation upon reaching certain sideline and on-the-court benchmarks and in such amounts as set forth in Exhibit A hereto, payable by the University to the Employee within thirty (30) days of the Men's Basketball Team's last game of the basketball season during which such amounts were earned. All such payments shall be subject to withholding for applicable federal, state and local income and employment taxes. Employee shall be eligible to receive credit towards such incentives only for those contests in which he actively served as the Head Men's Basketball Coach, or if such service is excused by the Director of Athletics on a case-by-case basis for reasons such as illness or other family matters, but not for contests during which Employee was suspended for any reason or his absence was not excused. The University's obligation to pay such amounts, once earned, shall survive the termination of this Contract for Employment. University will make the payments under Paragraph 3 and Subparagraphs 4.A, 4.B, 4.C, and 4.D, inclusive, in equal monthly installments. The Employee acknowledges that such payments were commenced by the University beginning with the pay period ended on March 31, 2017, which initial payment the parties agree included the pro rata amounts under Subparagraphs 4.A, 4.B, 4.C and 4.D for the period from March 23, 2017, to March 31, 2017. All such payments have been and shall be subject to withholding for applicable federal, state and local income and employment taxes. 5. Control by the University. A. The Employee shall not accept or agree to accept a salary supplement or any payment from any person or source other than the University which is not permitted under the University Rules or the rules and regulations of the NCAA, and the Conference, and Employee shall not engage in additional employment, speaking or consulting activities with regard to athletic shoes, apparel or equipment, except as provided herein or elsewhere in the Contract for Employment. Employee shall not receive payments or income directly or indirectly from media sources in any form as defined herein, except as provided herein or elsewhere in the Contract for Employment. For this purpose, the term "income from media sources" includes income to th~ Employee from television shows, live or taped, radio shows, live or taped, appearance fees for television, live or taped, appearance fees for radio, live or taped, and fees resulting from other electronic media. Notwithstanding the above, Employee shall be permitted to engage in said activities if, prior to the rendition of any such services and receipt of such payments the Employee, he obtains the written approval of the Director of Athletics and the Chancellor of the University of Missouri-Columbia. The University shall be deemed as having approved the Employee's request if the University has not disapproved the request in writing by not later than the end of the fifth (5th) calendar day following the date within which the request is submitted by the Employee to the University. The expert coach broadcasts specified in Subparagraph 4.B above shall be deemed as approved. The University and the Employee agree that except as otherwise provided herein and upon prior written approval by the Director of Athletics and the Chancellor of the University of MissouriColumbia, the Employee may undertake commercial endorsements of products and services in which he identifies himself as the Head Men's Basketball Coach; provided, however, that the Employee may not undertake commercial endorsements of athletic shoes, apparel or equipment, except as provided in Subparagraph 4.A above. Any approvals required under the terms of this Contract for Employment from the University, the Chancellor and/or the Director of Athletics shall not be unreasonably withheld.
B. The Employee shall report to the Director of Athletics and the Chancellor, in a form acceptable to the Director of Athletics and within NCAA requirements (if any), no later than 00092584-7
5
November 1 of each year, identifying and quantifying all athletically-related income and benefits from sources other than the compensation provided under the terms of this Contract for Employment. 6. Conduct of the Men's Basketball Team. A. Employee shall conduct the Men's Basketball Team under the University Rules, including the established rules, regulations and established policies and practices of the Athletic Department. He shall comply with the established and applicable rules and regulations of the Conference, the NCAA and any other organizations whose rules and policies apply to the Athletic Department. He shall instruct each of the Assistant Men's Basketball Coaches and others assisting in the conduct of the intercollegiate Men's Basketball Team to comply with the applicable University Rules, the rules and regulations of the Conference, the NCAA, and any other organizations whose rules and policies apply to the Athletic Department. The Employee shall not condone a violation of the applicable rules and regulations of the Conference, the NCAA or any other organizations the rules and policies of which apply to the Athletic Department; and federal or state laws, including criminal laws, by a member of the coaching staff of the Men's Basketball Team or any other person under the Employee's supervision and direction, including any student-athlete on the Men's Basketball Team. Further, he shall make reasonable efforts to promote and encourage sportsmanship by his coaches, players, and fans in attendance at games of the Men's Basketball Team. He shall obtain approval from the Director of Athletics (or the Director of Athletics' designee) (such approval not to be unreasonably withheld) for the Men's Basketball Team's schedule for each season; as well as the rescheduling of any contests.
B. Employee acknowledges that student-athletes should be integrated into the academic environment, that academic success is paramount, and that graduation is the principal goal for attendance at the University. The Employee shall use his best efforts to encourage and support studentathletes on the Men's Basketball Team in regard to personal, physical, and intellectual development, activities, and achievements, including a reasonable emphasis on each student-athlete's progress towards completion of an undergraduate degree program while enrolled at the University. The Employee acknowledges that student-athletes are subject to all policies, rules, and regulations governing all students of the University and to policies, rules, and regulations of the Athletic Department applicable to studentathletes, and that the University; and Employee should make all reasonable efforts to create an environment in which student-athletes respect and adhere to such policies, rules, and regulations. The University and Employee acknowledge the responsibility and the utmost importance of assisting studentathletes in obtaining a quality education and appropriate academic accomplishments and further to assist student-athletes in understanding the student-athletes' responsibilities to society in general and fellow students at the University in particular. With the cooperation of the University, the Employee shall endeavor to engage in (and encourage that every individual under Employee's supervision is engaging in) fair, safe and responsible treatment of student-athletes on the Men's Basketball Team, and making good faith attempts to avoid behavior that could jeopardize the health, safety or welfare of a member of the Men's Basketball Team. The Employee acknowledges that the above obligations are generally encompassed in the overall performance expected of the Head Men's Basketball Coach If Employee is found by the University, in its reasonable discretion, to have mistreated a student-athlete or to have significantly or repeatedly violated a University Rule, or by the NCAA or the Conference to have significantly or repeatedly violated NCAA or Conference rules or regulations, respectively, or to have failed to report any such behavior that he knew about or if he has failed to take reasonable steps to prevent or stop any such behavior in others that he knows about, he will be subject to disciplinary or corrective action pursuant to University guidelines, up to and including termination of employment for cause as provided herein. 00092584-7
6
C. The Director of Athletics, in consultation with the Chancellor of the University of Missouri-Columbia and the Faculty Athletics Representative, have established in writing, for each year of the term of this Agreement, a goal or goals within the areas of academic accomplishment and the social responsibility and conduct of the student athletes in the Men's Basketball Program, which goals shall include a minimum target (previous four-year academic data) multi-year Academic Progress Rate (APR) score for the men's basketball team (the "APR Requirement"), and may include but are not necessarily limited to the following: improvement in the academic grade point average accomplished by the Men's Basketball Team; student athletes maintaining academic eligibility to participate in the Men's Basketball Program; graduation rate of student athletes in the Men's Basketball Program; student athletes' progress toward meeting graduation requirements and anticipated date of graduation; student athletes' participation in University and community social and charitable activities; student athletes observance of University student conduct rules and regulations and those of the Athletic Department and the Men's Basketball Program. Such goal or goals are attached hereto as Appendix A. The University will pay to the Employee, while serving in the capacity of Head Men's Basketball Coach, extra compensation each academic year during the term of this Contract for Employment that the established goal or goals for academic accomplishment for that year are met and the established goal or goals for social responsibility and conduct for that year are met, in such amounts (but not to exceed One Hundred Thousand Dollars ($100,000.00) per year) as established by the Director of Athletics in writing and distributed to Employee. Any payment under this Subparagraph 6.C shall be made by the June 30 following the end of the academic year in which such amounts were earned. The University's obligation to pay such amounts, once earned, shall survive the termination of this Contract for Employment. D. The Director of Athletics (or his designee) and Employee shall meet, on an annual basis, while Employee is serving in the capacity as Head Men's Basketball Coach, to review the performance of the Employee and the accomplishments of the Men's Basketball Team during the preceding year including, without limitation, those outlined in Subparagraph 6.C hereof. The parties will endeavor to have such annual meeting within thirty (30) days following the last men's basketball game of the season. 7. Discipline for Violations of NCAA, Conference and University Rules and Regulations. If the Employee is found in significant or repetitive violation of NCAA regulations, he shall be subject to disciplinary or corrective action as set forth in the provisions of the NCAA enforcement procedures. If there are significant or repetitive violations on the part of the Employee of Conference or NCAA rules or regulations, as determined by the Conference or the NCAA, or of University Rules, as reasonably determined to exist by the Chancellor of the University of Missouri - Columbia, in his conduct of the intercollegiate men's basketball program, the University may terminate this Contract for Employment. The Employee shall have the procedural right to a review and hearing relating to any such determination. Any such hearing shall be governed by University procedures provided for employees of the Employee's classification, as now or hereafter amended, unless other procedures are agreed upon by the parties. 8. Other Employment. During the term of this Contract for Employment, or any extension thereof, the Employee agrees that neither he nor any representative or attorney on his behalf will consider, entertain, accept information regarding, discuss, actively seek, negotiate for, or accept other full-time employment of any nature during the term of this Contract for Employment without providing prior notice to the Director of Athletics and the Chancellor of the University of Missouri-Columbia. 9. Extensions - Amendments. This Contract for Employment may be extended for such period or periods as the parties hereto agree in writing. This Contract for Employment may be amended 00092584-7
7
at any time by the parties, but no such amendment shall be effective unless made in writing and approved by the Chancellor of the University of Missouri~Columbia. 10.
Termination for Cause.
A. The University shall have the right to terminate the Contract for Employment "for cause" prior to its normal expiration. The term "for cause" shall mean any of the following:
(I) material failure to perform the duties outlined in Paragraph 2 of the Contract for Employment or refusal or unwillingness to perform such duties in good faith and to the best of the Employee's abilities; (2) violations by the Employee of any of the other material terms and material conditions of the Contract for Employment; (3) any conviction against Employee for violation of any felony statute or an offense of moral turpitude; (4) any behavior of the Employee that brings him into material public disrepute, contempt, scandal, crime or any behavior that is materially detrimental to the reputation or moral or ethical standards of the University; (5) any significant or repetitive violation of any University Rule or ariy policy, law, rule, regulation, constitutional provision, bylaw or written interpretation of the NCAA or the Conference, including any NCAA Level I or Level 2 violations, or repetitive NCAA Level 3 or Level 4 violations, which result in the University being sanctioned by the NCAA or the Conference, including such violations which occurred during prior employment of the Employee at another NCAA member institution, which violation(s) may, in the sole reasonable judgment of the University, reflect materially adversely upon the University or its athletic program; (6) any significant or repetitive violation of any University Rule or any policy, law, rule, regulation, constitutional provision, bylaw or written interpretation of the NCAA or the Conference, by assistant coaches or employees of the Men's Basketball Team, or student-athletes on the Men's Basketball Team, which violation(s) the Employee knew or should have known was a violation and for which he took inadequate steps to address, correct and promptly report the violation , including any NCAA Level I or Level 2 violation, or repetitive NCAA Level 3 or Level 4 violations, which results in the University being sanctioned by the NCAA or the Conference which violation(s) may, in the sole reasonable judgment of the University, reflect materially adversely upon the University or its athletic program; (7) conduct of the Employee which, in the sole reasonable judgment of the University, is seriously and prejudicial to the best interests of the University; or (8) unjustified prolonged absence from duty without consent of the Employee's reporting superior. B. In the event the Contract for Employment is terminated for cause in accordance with the provisions hereof, all of the University's obligations hereunder that would accrue subsequent to the date of such termination (other than payment obligations for amounts already earned on or before the date of termination) shall cease. In no case shall the University be liable to the Employee 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, media appearances, shoe or apparel contracts, consulting relationships or from any other source whatever that may ensue as a result of the University's termination of the Contract for Employment. The Employee shall be entitled to all notices, hearings, procedures and appeals as are provided by the University's rules and regulations for any disciplinary action against him, 00092584-7
8
including the termination of the Contract for Employment, which may be taken by the University pursuant to the Contract for Employment. 11.
Liquidated Damages.
A. Termination by the University without cause The University shall not have the right to terminate this Contract for Employment without cause before April 30, 2020. Thereafter, if the University terminates the employment of the Employee hereunder contrary to the terms hereof, it shall pay the Employee liquidated damages in the amounts outlined below, in any event reduced by the sum of (i) any compensation earned by Employee during the contract year to date for the year in which the University terminates the employment without cause; and (ii) any amounts received by the Employee from any other employment for services or obtained as a consultant before the end of the term of this Contract for Employment (the sum of (i) and (ii), "the offset"). For purposes of this Contract for Employment, the term "contract year" means the period during the term of this Contract for Employment which begins on May 1 and ends on April 30 of the subsequent year. Such liquidated damages to be paid in equal monthly installments until April 30, 2024, or in such lump sum as might be negotiated and agreed to by the parties.
If University terminates without cause on or after May 1, 2020, it shall be responsible for the corresponding amount of liquidated damages as follows in Chart A (subject to the offset): CHART A University termination date: Between May Between May Between May Between May
1, 2020 and April 30, 2021 1, 2021 and April 30, 2022 1, 2022 and April 30, 2023 1, 2023 and April 30, 2024
Total Damages $6,000,000 $3,000,000 $1,000,000 $300,000
Notwithstanding Chart A, if the Men's Basketball Team wins twenty (20) or more games with Employee on the sidelines (or, if not on the sidelines, with an excused absence, as described in Paragraph 4.H, above) and/or goes to the NCAA post-season tournament with Employee serving as Head Men's Basketball Coach, in any of the first three (3) seasons of Employee's employment with University ("First Trigger Event"), the University shall not have the right to terminate the Contract of Employment without cause until after April 30, 2021. In such event, if the University terminates the Contract of Employment without cause on or after May I, 2021, it shall pay the following liquidated damages as follows in Chart B (subject to the offset): CHARTB University termination date after First Trigger Event: Between May I, 2021 and April 30, 2022 Between May 1, 2022 and April 30, 2023 Between May I, 2023 and April 30, 2024
Total Damages $6,000,000 $3,000,000 $1,000,000
Notwithstanding Chart A and Chart B, after the First Trigger Event, if the Men's Basketball Team in any season other than the season in which the First Trigger Event occurred goes to the NCAA 00092584-7
9
tournament with Employee serving as Head Men's Basketball Coach ("Second Trigger Event"), the University shall not have the right to terminate the Contract of Employment without cause until after April 30, 2022. In such event, if the University terminates the Contract of Employment without cause on or after May 1, 2022, it shall pay Employee the following liquidated damages as follows in Chart C (subject to the offset): CHARTC University termination date after Second Trigger Event:
Total Damages $6,000,000 $3,000,000
Between May 1, 2022 and April 30, 2023 Between May 1, 2023 and April 30, 2024
Notwithstanding Chart A, Chart B and Chart C, after the First Trigger Event and Second Trigger Event, if the Men's Basketball Team again goes to the NCAA tournament with Employee serving as Head Men's Basketball Coach in any season other than the season in which the First Trigger Event or the Second Trigger Event occurred {"Third Trigger Event"), the University shall not have the right to terminate the Contract of Employment without cause until after April 30, 2023. In such event, if the University terminates the Contract of Employment without cause on or after May 1, 2023, it shall pay Employee the following liquidated damages as follows in Chart D (subject to the offset): CHARTD University termination date after Third Trigger Event: Between Mav 1, 2023 and April 30, 2024
Total Damages $3,300,000
The University shall have no other obligation to the Employee if it terminates this Contract for Employment contrary to the terms hereof, except the payment of liquidated damages as provided herein and any earned bonuses under Exhibit A. B. Termination by the Employee without cause Employee shall have the right to terminate this Contract for Employment without cause at any time. At any time, if the Employee terminates the Contract for Employment without cause, he shall pay the University the liquidated damages according to the following schedule:
Employee termination date: Prior to April 30, 2018 Between May 1, 2018 and April 30, 2019 Between Mav 1, 2019 and April 30, 2020 Between May 1, 2020 and April 30, 2021 Between May 1, 2021 and April 30, 2022 Between May 1, 2022 and April 30, 2023 Between May 1, 2023 and last game of 2023-2024 season Between the day after last game of 2023-2024 Season and April 30, 2024 00092584-7
10
Total Damages $10,500,000 $7,500,000 $5,000,000 $3,000,000 $1,500,000 $500,000 $150,000 $0
Provided, however, that if Jim Sterk ("Sterk") is terminated by the University as the Director of Athletics any time prior to April 30, 2022, the above amounts payable by Employee to University shall be reduced by 50%. For example, if Sterk is terminated by the University on May 2, 2020, and Employee terminates the Contract for Employment without cause, total liquidated damages would be $1,500,000. Any such liquidated damages are to be paid to University in equal monthly installments until April 30, 2024, or in such lump sum as might be negotiated and agreed to by the parties. University shall have no obligations to the Employee if the Employee terminates this Contract for Employment without cause. 12. Limitations of Damages. Neither party shall be liable to the other party for any damages or loss of any collateral business opportunities or any other benefits, perquisites, or income from any sources that might ensue as a result of the termination of the Contract for Employment without cause. The parties have bargained for and agreed to the foregoing liquidated damages provision. 13. Notices. In order to be effective, any notice sent for purposes of this Contract for Employment must be sent to the address stated below, by certified mail, return receipt requested, or delivered in person to Employee or the Chancellor, as applicable, as follows: The University: Chancellor University of Missouri - Columbia 105 Jesse Hall Columbia, MO 65211 with a copy (which shall not constitute notice) to: Director of Intercollegiate Athletics University of Missouri - Columbia Mizzou Arena Columbia, MO 65211
Employee: Cuonzo Martin, address on file with the Department of Athletics with a copy (which shall not constitute notice) to: Exclusive Sports Group, LLC Attention: Andrew "Buddy" Baker 201 South Capitol Avenue, Ste 900 Indianapolis, IN 46255
14. Law. This Contract for Employment has been entered into and shall be governed by the laws of the State of Missouri, and is specifically conditioned upon the availability of funds for this purpose. 00092584-7
11
15. Entire Understanding. This Contract for Employment sets forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements and understandings relating to the subject matter hereof. This Contract for Employment shall be binding upon and inure to the benefit of the parties and their respective successors, legal representatives and assigns.
[Signature Page Follows]
00092584-7
12
IN WITNESS WHEREOF, the parties hereunto have caused this instrument to be executed this '30f(dayof Al~~ ,2017. THE CURATORS OF THE UNIVERSITY OF MISSOURI
Recommended by:
Alexander N. Cartmit Chancellor
o·, Ph.D. niversity of Missouri System
of Intercollegiate Athletics
Maurice Graham, Chair Board of Curators University of Missouri
00092584-7
13
~
IN WITNESS WHEREOF, the parties hereunto have caused this instrument to be executed this dayof J\.Jtrv--vv~ ,2017. THE CURATORS OF THE UNIVERSITY OF MISSOURI
Recommended by:
Alex~art~ Chancellor
Univers · of Missouri-Columbia
~~ 1Dl Sterk, Director of Intercollegiate Athletics
APPROVED ASTO LEGAL FORM
.L!1M' 'JLJNZ"' 1--
Maurice Graham, Chair Board of Curators University of Missouri
00092584-7
13
Exhibit A Extra Compensation
In addition to the compensation set forth in the Contract for Employment, and subject to Subparagraph 4.H, University agrees to pay to the Employee extra compensation for each occurrence set forth below, in the amounts corresponding to such occurrence, for each year during the term of the Contract for Employment in which the Men's Basketball Team is under Employee's direct leadership, including actual sideline coaching of the game(s) which lead to the satisfaction of the applicable benchmark (unless excused by the Athletic Director as to one or more games).
I.
Benchmark Conference Performance It is understood that the Employee shall be eligible for a payment under this Section I for meeting one or both of the criteria in any year, meaning the maximum payable in any one year under this Section I is Seventy-Five Thousand Dollars ($75,000).
2.
Post Season NCAA Participation The maximum amounts payable in any one year is Two Hundred Twenty-Five Thousand Dollars ($225,000) paid to the Employee.
00092584-7
14
Extra Compensation • Any year in which the Men's Basketball Team wins the Conference regular season championship: Fifty Thousand Dollars ($50,000) paid to Employee; and/or • Any year in which the Men's Basketball Team wins the Conference Tournament Championship Game: Twenty-Five Thousand Dollars ($25,000) paid to Employee. • Any year in which the Men's Basketball T earn participates in the NCAA tournament: Twenty-Five Thousand Dollars ($25,000) paid to the Employee; and • Any year in which the Men's Basketball Team reaches the "Sweet Sixteen": TwentyFive Thousand Dollars ($25,000) paid to the Employee; or • Any year in which the Men's Basketball Team reaches the "Elite Eight": Fifty Thousand Dollars ($50,000) paid to the Employee; or • Any year in which the Men's Basketball Team reaches the "Final Four": SeventyFive Thousand Dollars ($75,000) paid to the Employee; or Any year in which the Men's Basketball • Team wins the National Basketball Championship Game: Two Hundred Thousand Dollars ($200,000) paid to the Employee.
3.
4.
Coaching Recognition
•
It is understood that the Employee shall be eligible for a payment under this Section 3 for meeting one or both of the criteria in any year, meaning the maximum payable in any one year under this Section 3 is Seventy-Five Thousand Dollars ($75,000).
•
Regular Season Victories (overall)
•
It is understood that the Employee shall be entitled to only one ( 1) payment in any given season under this Section 4 dependent on the number of games that the Men's Basketball T earn wins during that regular season, meaning the maximum payable in any one year is Fifty Thousand Dollars ($50,000). 5.
•
Regular Season Victories (Conference)
It is understood that the Employee shall be entitled to only one (I) payment in any given season under this Section 5 dependent on the number of conference games that the Men's Basketball Team wins during that regular season, meaning the maximum payable in any one year is Thirty Thousand Dollars ($30,000).
6.
•
•
•
Home Game Ticket Receipts
•
Ticket receipts shall mean gross ticket sales minus all applicable taxes. It shall include actual ticket price, including surcharge. It shall not include donations or any gifts associated with any premium space or ticket location. The ticket receipt goals may change annually upon the mutual agreement of the Director of
•
00092584-7
15
Any year that Employee is named SEC Coach of the Year by the SEC: Twenty Five Thousand Dollars ($25,000) paid to the Employee, and/or Any year that Employee is named National Coach of the Year by the National Association of Basketball Coaches and/or the Associated Press: Fifty Thousand Dollars ($50,000) paid to the Employee. Any year in which the Men's Basketball Team wins twenty-five (25) games: Twenty Five Thousand Dollars ($25,000) paid to the Employee; or Any year in which the Men's Basketball Team wins thirty (30) games: Fifty Thousand Dollars ($50,000) paid to the Employee.
Any year in which the Men's Basketball Team wins twelve (12) Conference games: Twenty Thousand Dollars ($20,000) paid to the Employee; or Any year in which the Men's Basketball Team wins thirteen ( 13) Conference games: Twenty Five Thousand Dollars ($25,000) paid to the Employee; or Any year in which the Men's Basketball T earn wins fourteen or more ( 14+) Conference games: Thirty Thousand Dollars ($30,000) paid to the Employee. Any year in which ticket receipts for home men's basketball games exceeds Four Million Dollars ($4,000,000): Twenty Five Thousand Dollars ($25,000) paid to the Employee, or Any year in which ticket receipts for home men's basketball games exceeds Four Million Five Hundred Thousand Dollars ($4,500,000): Fifty Thousand Dollars
Athletics (or his designee) and the Employee; in the absence of such agreement, the ticket receipt goals shall escalate three percent (3%) from the prior year.
It is understood that the Employee shall be eligible for only one ( l) payment under this Section 6, dependent on the home game ticket receipts for that season, meaning the maximum payable in any one year under this Section 6 is Fifty Thousand Dollars ($50,000).
00092584-7
16
($50,000) paid to the Employee.
APPENDIX A Academic and Social Conduct Incentive Definitions The following goals have been set for the contractual incentive related to academic and social achievement. The first four (academic) incentives are each worth $12,500 and may be earned individually. The Academic/Social incentive is worth $50,000 and four of the six incentives must be achieved as such: the Academic Progress Rate (APR) goal must be achieved; one of two of the social goals must be achieved; and at least two additional goals must be achieved. Obtaining four out of the six per the aforementioned criteria will result in the Academic/Social incentive payout of $50,000 for a potential maximum of $100,000. Data used will be from the academic year (fall/spring semesters). Complete data may not be available for these purposes until June of each year. Academic:
1.
G.P.A.-At conclusion of academic year (after spring semester) team GPA (of student-athletes receiving countable financial aid) Is a 2.7 or higher cumulative grade point average. ($12,500)
2.
APR - At conclusion of academic year (after spring semester) team multi-year APR of 950 or higher
after year 1, 960 or higher after year two and 970 or higher in all subsequent years (as calculated by NCAA). The program may not be under any NCAA academic penalty pursuant to the Academic Performance Program or any future NCAA academic program that may enhance or replace it In the future. ($12,500) 3.
Graduation Success Rate (GSR 4 year average)-At conclusion of academic year (after spring semester) team GSR (of student-athletes receiving countable financial aid) is 8096 or higher (as calculated by the NCAA). ($12,500)
4.
Progress Toward Degree- 9596 retained scholarship student-athletes meet NCAA, Southeastern
Conference and institutional progress toward degree requirements (to be determined in August upon completion of the summer term). ($12,500) Social: 5.
5ocial - Demonstrate individual social responsibility by members of the staff and team as defined in Coach's employment contract and by participation in at least two organized charitable and/or community activity by 10096 of squad members and full-time staff members.
6.
Graduation Sash - 95% of graduation student-athletes obtained a Graduation SashA.
"Student-athletes must average and/or fulfill the following requirements for every year enrolled at Mizzou.
• • • • • •
10 hours community service per year Regular attendance at mandatory Mizzou Made curriculum classes/events Professional resume on file no later than one month prior to graduation Good academic standing Good standing with student conduct board Member of team in final season of eligibility
APPENDIX A Cuonzo Martin Head Men's Basketball Coach
Academic Incentives
= -~~- --~ --~~ ~ri~~ r !
_ __ Annual One-Time (non-pe""'_~ent) Performance lncentiv~ ____ :
Acad_;mlcAchlevement:- ---=---=-
~
=~
2
~u-::i-~:!ademiC Prosll!SS Rate (Al'R)(ye8r 1: 9so-orh~er; _
!ear 2: 960 or higher; y~ar 3 and bey~nd: 97~
~~ hi~~r) (4 year average) _
3. Graduation Su~ Rate (GSR) (80'6 ~r hi~~er) (4 year average) 4. Progress Towards Degree_~~5'6l _ _ __ __
_ ~-
~~m_um_ Value (cumulative)
-·-···-
...
_
Maximum___-
I I~- ~::::i L .-___-_. ;
--, l
Soda~+Academ_lc~hleve~!._~=--- _ _ . j Academic w/ Social Responsibility (5. Social and per contract; and 6. Graduation ;
Sash- _must m~-~-~f&Acaciemic/So~~~t"in~~~~es as determin~ by Chan~llor and _D!~or for lntercollegl~te Athl~_tics) .. _. __
i
1
-4+ , ~
• ___
,~op~~_.?_ i
12_ ~_2,500.~ 1
'. ___ ---~
$ 50,000.00 :
---=T .l~-- .-~ _i_ . __ _f
··-·- ___ -~
, 1··1
1---· $ 100,000.00
·------
Duties and Responsibilities.
A. The Employee is hereby employed by the University as the Head Coach of the Men's Basketball Team ("Men's Basketball Team.") Throughout the term of this Contract for Employment, he shall use his best full-time employment energies and abilities for the benefit of the University. The University shall have full and absolute control of all employment services rendered by the Employee as Head Men's Basketball Coach consistent with this Agreement. The Employee shall work under the immediate supervision of and report to the Athletic Director of the University of Missouri - Columbia (the "Athletic Director" or the "Director of Athletics"), and consistent with this Contract for Employment shall be employed at the discretion of the Director of Athletics and the Chancellor of the University of Missouri - Columbia (or his or her designee)-throughout the term of this Contract for Employment.
B. The Employee agrees to be a loyal employee of the University. He agrees to devote his best efforts full time to the performance of his duties for the University, to give proper time and attention to furthering his responsibilities to the University and to comply with all rules, regulations, and policies and decisions established or issued by the University. For purposes of this Agreement, Employee acknowledges and agrees that such rules, regulations, policies and decisions shall be those that are maintained on a University website from time to time, and those which are communicated from time to time generally or to Employee specifically (collectively, the "University Rules"). University will use its reasonable efforts to inform Employee of changes to those University Rules which are maintained on a University website, but it is ultimately Employee's responsibility to remain current on such materials. Employee will fulfill duties in a timely, thorough, constructive, and cooperative manner, including all appraisals, administrative processes and pre-arranged meetings. C. Employee agrees to undertake and endeavor to perform properly, efficiently, to the best of his ability and consonant with the standards of the University all duties and responsibilities attendant to the position of Head Coach of the Men's Basketball Team ("Head Men's Basketball Coach''). The Employee further agrees to abide by and comply with the constitution, bylaws and interpretations of the National Collegiate Athletic Association ("NCAA") and all NCAA, Southeastern Conference (or conference University is a member of, if not the Southeastern Conference) ("Conference") rules and regulations relating to the conduct and administration of the Men's Basketball Team, including recruiting rules, and the University Rules, as now constituted or as any of the same may be amended during the term hereof. In the event that the Employee becomes aware, or has reasonable cause to believe, that violations of such constitution, bylaws, interpretations, rules or regulations may have taken place, he shall promptly 00092584-7
report the same to the Director of Athletics. The Employee agrees to comply with the academic standards and requirements of the University with regard to the recruiting and eligibility of prospective and current student-athletes of the Men's Basketball Team. Employee shall use best efforts to observe and shall reasonably instruct all members of his staff to at all times observe and not to compromise or violate any academic standards, requirements and policies of the University. D. As of the beginning of this Contract for Employment, the duties and responsibilities assigned to the Employee are as set forth below. This list of specific duties and responsibilities supplements and is not exclusive of the other general duties and responsibilities related to the position of Head Men's Basketball Coach that may be reasonably assigned by the Chancellor of the University of Missouri-Columbia or his or her designee. E. The position of Head Men's Basketball Coach is a specialized professional position. By holding this position, the Employee is not eligible for tenure. He is responsible for evaluating, recruiting, training and coaching student-athletes for the Men's Basketball Team. In his position as Head Men's Basketball Coach, he oversees and is directly responsible for the following general duties relating to the program: budget, scheduling and the recruiting, training, supervision, evaluation and monitoring the performance of student-athletes on the Men's Basketball Team as well as its coaching staff and other employees. This position has these additional specific responsibilities: (I) Consistent with NCAA bylaws, promote an atmosphere of compliance, and supervise the job performance and all other incidents of employment of the assistant coaches and other employees, of the Men's Basketball Team including monitoring the actions by such coaches and employees for compliance with the University Rules and established Conference and NCAA rules and regulations; (2) Participate in the instruction and coaching of student-athletes on the Men's Basketball Team; (3) Determine scouting schedules for high school and college games; (4) When reasonable and appropriate, communicate with prospective players, immediate family members and/or coaches; (5) Have reasonable contact with the media, alumni and civic groups; (6) Reasonably work to integrate sports into the whole spectrum of academic life to complement the University and its mission in the community; (7) Work within the confines of rules, regulations, guidelines and stated policies of the University of Missouri - Columbia Department of Intercollegiate Athletics (the "Athletic Department"); (8) Use his best judgment to issue public statements which are in the b~st interests of the athletic program and the University and not engage in any business transaction or commerce, appear on any radio or television program, or in any public forum that is likely to bring undue criticism or material discredit to the University, its curators, officers, employees, or students; (9) Make reasonable efforts, working in cooperation with and support of the University's faculty and administrative officials, to ensure that all academic requirements for studentathletes on the Men's Basketball Team are met; ( 10) Develop and implement programs and procedures with respect to the evaluation, recruitment, training and coaching of student-athletes. ( 11) Demonstrate dedication to the academic excellence of student-athletes by encouraging the student-athletes on the Men's Basketball Team to make meaningful progress towards their chosen degree programs while enrolled in the University, and in compliance with all NCAA, Conference, and University academic standards. 00092584-7
2
(12) Have appropriate and thorough knowledge of, and educate studentathletes on the Men's Basketball Team regarding, the applicable and established Conference and NCAA rules and regulations governing intercollegiate athletic competition, and applicable University Rules, and applicable federal and Missouri law, and encourage compliance therewith by the student athletes on the Men's Basketball Team; (13) Recruit, train and coach student-athletes on the Men's Basketball Team; (14) Use best efforts to prepare players for each Men's Basketball Team game and each Men's Basketball Team season; and (15) Establish and maintain a reasonable program of personal communication with the University's administration, faculty, staff and student body. 3. Annual Salary. Beginning March 23, 2017, the University shall pay to the Employee salary on an annualized basis of Three Hundred Thousand Dollars ($300,000.00) (hereinafter referred to as "annual salary"), paid as set forth in Subparagraph 4.1. The Employee shall be entitled to participate in all employee benefits for which he is eligible and which are available to full-time employees of his classification of the University under current and future established University policies, with contribution and benefits amounts based upon the annual salary, as applicable:; and 4. Other Employment Benefits. The following employment benefits will be provided to the Employee while he serves in his capacity as the Head Men's Basketball Coach: A. University agrees to pay to the Employee the amount of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, it being understood that in exchange for said payment the Employee relinquishes all of his rights to receive any monies or consideration of any kind whatsoever, from any manufacturer, distributor, retailer, or seller of athletic shoes, apparel or equipment, and the Employee assigns all said rights to the University. In the event University enters into a contract with a company which is in a business as immediately described above, then notwithstanding the foregoing restriction, the Employee shall be entitled to make individual arrangements with the same company to serve as a consultant to or to make personal appearances on behalf of the company, for individually negotiated compensation (monies or other consideration), so long as the activities on behalf of the company do not materially interfere with the employment responsibilities of the Employee. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract; and B. University agrees to pay to the Employee the amount of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, it being understood that in exchange for said payment, the Employee relinquishes all of his rights to receive income or payments of any kind whatsoever, directly or indirectly, from any source other than the University in exchange for his appearance or participation in television shows, live or taped, and the Employee assigns all said rights to the University. Notwithstanding the foregoing, the Employee may participate in television broadcasts related to post-season basketball games (.e.g., network halftime shows), and other similar "expert coach" broadcasts. The Employee agrees to appear and participate in television shows arranged or produced by the University concerning the Men's Basketball Team at the University of Missouri-Columbia. University will make reasonable efforts to schedule appearances and participation so as to not interfere with the professional and personal schedule of the Employee. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract; and 00092584-7
3
C. University agrees to pay to the Employee the annual amount of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, it being understood that in exchange for said payment, the Employee relinquishes all of his rights to receive income or payments of any kind whatsoever, directly or indirectly, from any source in exchange for his appearance or participation in radio shows, live or taped, and the Employee assigns all said rights to the University. Notwithstanding the foregoing, the Employee may participate in radio broadcasts related to post season basketball games and other similar "expert coach" broadcasts. The Employee agrees to appear and participate in radio shows arranged or produced by the University concerning the Men's Basketball Team at the University of Missouri-Columbia. University will make reasonable efforts to schedule appearances and participation so as to not interfere with the professional and personal schedule of the Employee. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract-:-; and D. The Employee will actively participate with and assist the Director of Athletics and any other personnel of the Athletic Department designated by the Director of Athletics in the promotion of athletics at the University of Missouri-Columbia with appearances before, meetings with and presentations to the general public, alumni groups, booster groups and organizations, statewide and local civic organizations, public educational organizations, school districts, and employment and professional organizations. The Director of Athletics or his designee may schedule a reasonable amount of public appearances of the Employee and will endeavor to not schedule activities in conflict with the Employee's personal and professional schedule. In addition, the Employee will use reasonable efforts to advance and enhance the image of the Men's Basketball Team at the University of Missouri-Columbia. The University will pay to the Employee the annual sum of Six Hundred Thousand Dollars ($600,000.00) during each full year of this contract, prorated for the partial year beginning on March 23, 2017, to April 30, 2017, as set forth in Subparagraph 4.1, for the performance of services under this paragraph. Beginning on May 1, 2018, this amount shall be increased by Twenty Five Thousand Dollars ($25,000) in the year beginning May 1, 2018 and in each subsequent year of this contract. E. The Employee may operate an institutional youth basketball camp at University facilities in the State of Missouri in the summers during the term of this Contract for Employment for rates consistent with other University head coaching camps and Employee shall be entitled to retain all net proceeds from the operation of such camp. The Employee will use his best reasonable efforts to conduct a quality basketball camp(s) for youth which will bring credit to himself and indirectly the University. The University shall provide Employee the resources to effectively and professionally operate any such camp consistent with the resources provided to other University head coaching camps, including without limitation liability insurance and marketing materials. The Director of Athletics (or his designee) and the Employee will cooperate in the distribution of the net proceeds of such camps at the Employee's discretion. F. Membership at a local country club with initiation and monthly membership fees to be paid by the University. The Employee will be responsible for any food and beverage charges and other expenditures resulting from this membership unless the expenditure is approved by the Director of Athletics. G. Two (2) courtesy cars reasonably approved by Employee provided by car dealers through the Athletic Department will be made available for use by the Employee in accordance with 00092584-7
4
University policy. Employee may, by advising the University, elect to receive a monthly stipend of Eight Hundred Dollars ($800.00) in lieu of use of a second vehicle. H. University agrees to pay the Employee extra compensation upon reaching certain sideline and on-the-court benchmarks and in such amounts as set forth in Exhibit A hereto, payable by the University to the Employee within thirty (30) days of the Men's Basketball Team's last game of the basketball season during which such amounts were earned. All such payments shall be subject to withholding for applicable federal, state and local income and employment taxes. Employee shall be eligible to receive credit towards such incentives only for those contests in which he actively served as the Head Men's Basketball Coach, or if such service is excused by the Director of Athletics on a case-by-case basis for reasons such as illness or other family matters, but not for contests during which Employee was suspended for any reason or his absence was not excused. The University's obligation to pay such amounts, once earned, shall survive the termination of this Contract for Employment. University will make the payments under Paragraph 3 and Subparagraphs 4.A, 4.B, 4.C, and 4.D, inclusive, in equal monthly installments. The Employee acknowledges that such payments were commenced by the University beginning with the pay period ended on March 31, 2017, which initial payment the parties agree included the pro rata amounts under Subparagraphs 4.A, 4.B, 4.C and 4.D for the period from March 23, 2017, to March 31, 2017. All such payments have been and shall be subject to withholding for applicable federal, state and local income and employment taxes. 5. Control by the University. A. The Employee shall not accept or agree to accept a salary supplement or any payment from any person or source other than the University which is not permitted under the University Rules or the rules and regulations of the NCAA, and the Conference, and Employee shall not engage in additional employment, speaking or consulting activities with regard to athletic shoes, apparel or equipment, except as provided herein or elsewhere in the Contract for Employment. Employee shall not receive payments or income directly or indirectly from media sources in any form as defined herein, except as provided herein or elsewhere in the Contract for Employment. For this purpose, the term "income from media sources" includes income to th~ Employee from television shows, live or taped, radio shows, live or taped, appearance fees for television, live or taped, appearance fees for radio, live or taped, and fees resulting from other electronic media. Notwithstanding the above, Employee shall be permitted to engage in said activities if, prior to the rendition of any such services and receipt of such payments the Employee, he obtains the written approval of the Director of Athletics and the Chancellor of the University of Missouri-Columbia. The University shall be deemed as having approved the Employee's request if the University has not disapproved the request in writing by not later than the end of the fifth (5th) calendar day following the date within which the request is submitted by the Employee to the University. The expert coach broadcasts specified in Subparagraph 4.B above shall be deemed as approved. The University and the Employee agree that except as otherwise provided herein and upon prior written approval by the Director of Athletics and the Chancellor of the University of MissouriColumbia, the Employee may undertake commercial endorsements of products and services in which he identifies himself as the Head Men's Basketball Coach; provided, however, that the Employee may not undertake commercial endorsements of athletic shoes, apparel or equipment, except as provided in Subparagraph 4.A above. Any approvals required under the terms of this Contract for Employment from the University, the Chancellor and/or the Director of Athletics shall not be unreasonably withheld.
B. The Employee shall report to the Director of Athletics and the Chancellor, in a form acceptable to the Director of Athletics and within NCAA requirements (if any), no later than 00092584-7
5
November 1 of each year, identifying and quantifying all athletically-related income and benefits from sources other than the compensation provided under the terms of this Contract for Employment. 6. Conduct of the Men's Basketball Team. A. Employee shall conduct the Men's Basketball Team under the University Rules, including the established rules, regulations and established policies and practices of the Athletic Department. He shall comply with the established and applicable rules and regulations of the Conference, the NCAA and any other organizations whose rules and policies apply to the Athletic Department. He shall instruct each of the Assistant Men's Basketball Coaches and others assisting in the conduct of the intercollegiate Men's Basketball Team to comply with the applicable University Rules, the rules and regulations of the Conference, the NCAA, and any other organizations whose rules and policies apply to the Athletic Department. The Employee shall not condone a violation of the applicable rules and regulations of the Conference, the NCAA or any other organizations the rules and policies of which apply to the Athletic Department; and federal or state laws, including criminal laws, by a member of the coaching staff of the Men's Basketball Team or any other person under the Employee's supervision and direction, including any student-athlete on the Men's Basketball Team. Further, he shall make reasonable efforts to promote and encourage sportsmanship by his coaches, players, and fans in attendance at games of the Men's Basketball Team. He shall obtain approval from the Director of Athletics (or the Director of Athletics' designee) (such approval not to be unreasonably withheld) for the Men's Basketball Team's schedule for each season; as well as the rescheduling of any contests.
B. Employee acknowledges that student-athletes should be integrated into the academic environment, that academic success is paramount, and that graduation is the principal goal for attendance at the University. The Employee shall use his best efforts to encourage and support studentathletes on the Men's Basketball Team in regard to personal, physical, and intellectual development, activities, and achievements, including a reasonable emphasis on each student-athlete's progress towards completion of an undergraduate degree program while enrolled at the University. The Employee acknowledges that student-athletes are subject to all policies, rules, and regulations governing all students of the University and to policies, rules, and regulations of the Athletic Department applicable to studentathletes, and that the University; and Employee should make all reasonable efforts to create an environment in which student-athletes respect and adhere to such policies, rules, and regulations. The University and Employee acknowledge the responsibility and the utmost importance of assisting studentathletes in obtaining a quality education and appropriate academic accomplishments and further to assist student-athletes in understanding the student-athletes' responsibilities to society in general and fellow students at the University in particular. With the cooperation of the University, the Employee shall endeavor to engage in (and encourage that every individual under Employee's supervision is engaging in) fair, safe and responsible treatment of student-athletes on the Men's Basketball Team, and making good faith attempts to avoid behavior that could jeopardize the health, safety or welfare of a member of the Men's Basketball Team. The Employee acknowledges that the above obligations are generally encompassed in the overall performance expected of the Head Men's Basketball Coach If Employee is found by the University, in its reasonable discretion, to have mistreated a student-athlete or to have significantly or repeatedly violated a University Rule, or by the NCAA or the Conference to have significantly or repeatedly violated NCAA or Conference rules or regulations, respectively, or to have failed to report any such behavior that he knew about or if he has failed to take reasonable steps to prevent or stop any such behavior in others that he knows about, he will be subject to disciplinary or corrective action pursuant to University guidelines, up to and including termination of employment for cause as provided herein. 00092584-7
6
C. The Director of Athletics, in consultation with the Chancellor of the University of Missouri-Columbia and the Faculty Athletics Representative, have established in writing, for each year of the term of this Agreement, a goal or goals within the areas of academic accomplishment and the social responsibility and conduct of the student athletes in the Men's Basketball Program, which goals shall include a minimum target (previous four-year academic data) multi-year Academic Progress Rate (APR) score for the men's basketball team (the "APR Requirement"), and may include but are not necessarily limited to the following: improvement in the academic grade point average accomplished by the Men's Basketball Team; student athletes maintaining academic eligibility to participate in the Men's Basketball Program; graduation rate of student athletes in the Men's Basketball Program; student athletes' progress toward meeting graduation requirements and anticipated date of graduation; student athletes' participation in University and community social and charitable activities; student athletes observance of University student conduct rules and regulations and those of the Athletic Department and the Men's Basketball Program. Such goal or goals are attached hereto as Appendix A. The University will pay to the Employee, while serving in the capacity of Head Men's Basketball Coach, extra compensation each academic year during the term of this Contract for Employment that the established goal or goals for academic accomplishment for that year are met and the established goal or goals for social responsibility and conduct for that year are met, in such amounts (but not to exceed One Hundred Thousand Dollars ($100,000.00) per year) as established by the Director of Athletics in writing and distributed to Employee. Any payment under this Subparagraph 6.C shall be made by the June 30 following the end of the academic year in which such amounts were earned. The University's obligation to pay such amounts, once earned, shall survive the termination of this Contract for Employment. D. The Director of Athletics (or his designee) and Employee shall meet, on an annual basis, while Employee is serving in the capacity as Head Men's Basketball Coach, to review the performance of the Employee and the accomplishments of the Men's Basketball Team during the preceding year including, without limitation, those outlined in Subparagraph 6.C hereof. The parties will endeavor to have such annual meeting within thirty (30) days following the last men's basketball game of the season. 7. Discipline for Violations of NCAA, Conference and University Rules and Regulations. If the Employee is found in significant or repetitive violation of NCAA regulations, he shall be subject to disciplinary or corrective action as set forth in the provisions of the NCAA enforcement procedures. If there are significant or repetitive violations on the part of the Employee of Conference or NCAA rules or regulations, as determined by the Conference or the NCAA, or of University Rules, as reasonably determined to exist by the Chancellor of the University of Missouri - Columbia, in his conduct of the intercollegiate men's basketball program, the University may terminate this Contract for Employment. The Employee shall have the procedural right to a review and hearing relating to any such determination. Any such hearing shall be governed by University procedures provided for employees of the Employee's classification, as now or hereafter amended, unless other procedures are agreed upon by the parties. 8. Other Employment. During the term of this Contract for Employment, or any extension thereof, the Employee agrees that neither he nor any representative or attorney on his behalf will consider, entertain, accept information regarding, discuss, actively seek, negotiate for, or accept other full-time employment of any nature during the term of this Contract for Employment without providing prior notice to the Director of Athletics and the Chancellor of the University of Missouri-Columbia. 9. Extensions - Amendments. This Contract for Employment may be extended for such period or periods as the parties hereto agree in writing. This Contract for Employment may be amended 00092584-7
7
at any time by the parties, but no such amendment shall be effective unless made in writing and approved by the Chancellor of the University of Missouri~Columbia. 10.
Termination for Cause.
A. The University shall have the right to terminate the Contract for Employment "for cause" prior to its normal expiration. The term "for cause" shall mean any of the following:
(I) material failure to perform the duties outlined in Paragraph 2 of the Contract for Employment or refusal or unwillingness to perform such duties in good faith and to the best of the Employee's abilities; (2) violations by the Employee of any of the other material terms and material conditions of the Contract for Employment; (3) any conviction against Employee for violation of any felony statute or an offense of moral turpitude; (4) any behavior of the Employee that brings him into material public disrepute, contempt, scandal, crime or any behavior that is materially detrimental to the reputation or moral or ethical standards of the University; (5) any significant or repetitive violation of any University Rule or ariy policy, law, rule, regulation, constitutional provision, bylaw or written interpretation of the NCAA or the Conference, including any NCAA Level I or Level 2 violations, or repetitive NCAA Level 3 or Level 4 violations, which result in the University being sanctioned by the NCAA or the Conference, including such violations which occurred during prior employment of the Employee at another NCAA member institution, which violation(s) may, in the sole reasonable judgment of the University, reflect materially adversely upon the University or its athletic program; (6) any significant or repetitive violation of any University Rule or any policy, law, rule, regulation, constitutional provision, bylaw or written interpretation of the NCAA or the Conference, by assistant coaches or employees of the Men's Basketball Team, or student-athletes on the Men's Basketball Team, which violation(s) the Employee knew or should have known was a violation and for which he took inadequate steps to address, correct and promptly report the violation , including any NCAA Level I or Level 2 violation, or repetitive NCAA Level 3 or Level 4 violations, which results in the University being sanctioned by the NCAA or the Conference which violation(s) may, in the sole reasonable judgment of the University, reflect materially adversely upon the University or its athletic program; (7) conduct of the Employee which, in the sole reasonable judgment of the University, is seriously and prejudicial to the best interests of the University; or (8) unjustified prolonged absence from duty without consent of the Employee's reporting superior. B. In the event the Contract for Employment is terminated for cause in accordance with the provisions hereof, all of the University's obligations hereunder that would accrue subsequent to the date of such termination (other than payment obligations for amounts already earned on or before the date of termination) shall cease. In no case shall the University be liable to the Employee 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, media appearances, shoe or apparel contracts, consulting relationships or from any other source whatever that may ensue as a result of the University's termination of the Contract for Employment. The Employee shall be entitled to all notices, hearings, procedures and appeals as are provided by the University's rules and regulations for any disciplinary action against him, 00092584-7
8
including the termination of the Contract for Employment, which may be taken by the University pursuant to the Contract for Employment. 11.
Liquidated Damages.
A. Termination by the University without cause The University shall not have the right to terminate this Contract for Employment without cause before April 30, 2020. Thereafter, if the University terminates the employment of the Employee hereunder contrary to the terms hereof, it shall pay the Employee liquidated damages in the amounts outlined below, in any event reduced by the sum of (i) any compensation earned by Employee during the contract year to date for the year in which the University terminates the employment without cause; and (ii) any amounts received by the Employee from any other employment for services or obtained as a consultant before the end of the term of this Contract for Employment (the sum of (i) and (ii), "the offset"). For purposes of this Contract for Employment, the term "contract year" means the period during the term of this Contract for Employment which begins on May 1 and ends on April 30 of the subsequent year. Such liquidated damages to be paid in equal monthly installments until April 30, 2024, or in such lump sum as might be negotiated and agreed to by the parties.
If University terminates without cause on or after May 1, 2020, it shall be responsible for the corresponding amount of liquidated damages as follows in Chart A (subject to the offset): CHART A University termination date: Between May Between May Between May Between May
1, 2020 and April 30, 2021 1, 2021 and April 30, 2022 1, 2022 and April 30, 2023 1, 2023 and April 30, 2024
Total Damages $6,000,000 $3,000,000 $1,000,000 $300,000
Notwithstanding Chart A, if the Men's Basketball Team wins twenty (20) or more games with Employee on the sidelines (or, if not on the sidelines, with an excused absence, as described in Paragraph 4.H, above) and/or goes to the NCAA post-season tournament with Employee serving as Head Men's Basketball Coach, in any of the first three (3) seasons of Employee's employment with University ("First Trigger Event"), the University shall not have the right to terminate the Contract of Employment without cause until after April 30, 2021. In such event, if the University terminates the Contract of Employment without cause on or after May I, 2021, it shall pay the following liquidated damages as follows in Chart B (subject to the offset): CHARTB University termination date after First Trigger Event: Between May I, 2021 and April 30, 2022 Between May 1, 2022 and April 30, 2023 Between May I, 2023 and April 30, 2024
Total Damages $6,000,000 $3,000,000 $1,000,000
Notwithstanding Chart A and Chart B, after the First Trigger Event, if the Men's Basketball Team in any season other than the season in which the First Trigger Event occurred goes to the NCAA 00092584-7
9
tournament with Employee serving as Head Men's Basketball Coach ("Second Trigger Event"), the University shall not have the right to terminate the Contract of Employment without cause until after April 30, 2022. In such event, if the University terminates the Contract of Employment without cause on or after May 1, 2022, it shall pay Employee the following liquidated damages as follows in Chart C (subject to the offset): CHARTC University termination date after Second Trigger Event:
Total Damages $6,000,000 $3,000,000
Between May 1, 2022 and April 30, 2023 Between May 1, 2023 and April 30, 2024
Notwithstanding Chart A, Chart B and Chart C, after the First Trigger Event and Second Trigger Event, if the Men's Basketball Team again goes to the NCAA tournament with Employee serving as Head Men's Basketball Coach in any season other than the season in which the First Trigger Event or the Second Trigger Event occurred {"Third Trigger Event"), the University shall not have the right to terminate the Contract of Employment without cause until after April 30, 2023. In such event, if the University terminates the Contract of Employment without cause on or after May 1, 2023, it shall pay Employee the following liquidated damages as follows in Chart D (subject to the offset): CHARTD University termination date after Third Trigger Event: Between Mav 1, 2023 and April 30, 2024
Total Damages $3,300,000
The University shall have no other obligation to the Employee if it terminates this Contract for Employment contrary to the terms hereof, except the payment of liquidated damages as provided herein and any earned bonuses under Exhibit A. B. Termination by the Employee without cause Employee shall have the right to terminate this Contract for Employment without cause at any time. At any time, if the Employee terminates the Contract for Employment without cause, he shall pay the University the liquidated damages according to the following schedule:
Employee termination date: Prior to April 30, 2018 Between May 1, 2018 and April 30, 2019 Between Mav 1, 2019 and April 30, 2020 Between May 1, 2020 and April 30, 2021 Between May 1, 2021 and April 30, 2022 Between May 1, 2022 and April 30, 2023 Between May 1, 2023 and last game of 2023-2024 season Between the day after last game of 2023-2024 Season and April 30, 2024 00092584-7
10
Total Damages $10,500,000 $7,500,000 $5,000,000 $3,000,000 $1,500,000 $500,000 $150,000 $0
Provided, however, that if Jim Sterk ("Sterk") is terminated by the University as the Director of Athletics any time prior to April 30, 2022, the above amounts payable by Employee to University shall be reduced by 50%. For example, if Sterk is terminated by the University on May 2, 2020, and Employee terminates the Contract for Employment without cause, total liquidated damages would be $1,500,000. Any such liquidated damages are to be paid to University in equal monthly installments until April 30, 2024, or in such lump sum as might be negotiated and agreed to by the parties. University shall have no obligations to the Employee if the Employee terminates this Contract for Employment without cause. 12. Limitations of Damages. Neither party shall be liable to the other party for any damages or loss of any collateral business opportunities or any other benefits, perquisites, or income from any sources that might ensue as a result of the termination of the Contract for Employment without cause. The parties have bargained for and agreed to the foregoing liquidated damages provision. 13. Notices. In order to be effective, any notice sent for purposes of this Contract for Employment must be sent to the address stated below, by certified mail, return receipt requested, or delivered in person to Employee or the Chancellor, as applicable, as follows: The University: Chancellor University of Missouri - Columbia 105 Jesse Hall Columbia, MO 65211 with a copy (which shall not constitute notice) to: Director of Intercollegiate Athletics University of Missouri - Columbia Mizzou Arena Columbia, MO 65211
Employee: Cuonzo Martin, address on file with the Department of Athletics with a copy (which shall not constitute notice) to: Exclusive Sports Group, LLC Attention: Andrew "Buddy" Baker 201 South Capitol Avenue, Ste 900 Indianapolis, IN 46255
14. Law. This Contract for Employment has been entered into and shall be governed by the laws of the State of Missouri, and is specifically conditioned upon the availability of funds for this purpose. 00092584-7
11
15. Entire Understanding. This Contract for Employment sets forth the entire understanding of the parties and supersedes any and all prior agreements, arrangements and understandings relating to the subject matter hereof. This Contract for Employment shall be binding upon and inure to the benefit of the parties and their respective successors, legal representatives and assigns.
[Signature Page Follows]
00092584-7
12
IN WITNESS WHEREOF, the parties hereunto have caused this instrument to be executed this '30f(dayof Al~~ ,2017. THE CURATORS OF THE UNIVERSITY OF MISSOURI
Recommended by:
Alexander N. Cartmit Chancellor
o·, Ph.D. niversity of Missouri System
of Intercollegiate Athletics
Maurice Graham, Chair Board of Curators University of Missouri
00092584-7
13
~
IN WITNESS WHEREOF, the parties hereunto have caused this instrument to be executed this dayof J\.Jtrv--vv~ ,2017. THE CURATORS OF THE UNIVERSITY OF MISSOURI
Recommended by:
Alex~art~ Chancellor
Univers · of Missouri-Columbia
~~ 1Dl Sterk, Director of Intercollegiate Athletics
APPROVED ASTO LEGAL FORM
.L!1M' 'JLJNZ"' 1--
Maurice Graham, Chair Board of Curators University of Missouri
00092584-7
13
Exhibit A Extra Compensation
In addition to the compensation set forth in the Contract for Employment, and subject to Subparagraph 4.H, University agrees to pay to the Employee extra compensation for each occurrence set forth below, in the amounts corresponding to such occurrence, for each year during the term of the Contract for Employment in which the Men's Basketball Team is under Employee's direct leadership, including actual sideline coaching of the game(s) which lead to the satisfaction of the applicable benchmark (unless excused by the Athletic Director as to one or more games).
I.
Benchmark Conference Performance It is understood that the Employee shall be eligible for a payment under this Section I for meeting one or both of the criteria in any year, meaning the maximum payable in any one year under this Section I is Seventy-Five Thousand Dollars ($75,000).
2.
Post Season NCAA Participation The maximum amounts payable in any one year is Two Hundred Twenty-Five Thousand Dollars ($225,000) paid to the Employee.
00092584-7
14
Extra Compensation • Any year in which the Men's Basketball Team wins the Conference regular season championship: Fifty Thousand Dollars ($50,000) paid to Employee; and/or • Any year in which the Men's Basketball Team wins the Conference Tournament Championship Game: Twenty-Five Thousand Dollars ($25,000) paid to Employee. • Any year in which the Men's Basketball T earn participates in the NCAA tournament: Twenty-Five Thousand Dollars ($25,000) paid to the Employee; and • Any year in which the Men's Basketball Team reaches the "Sweet Sixteen": TwentyFive Thousand Dollars ($25,000) paid to the Employee; or • Any year in which the Men's Basketball Team reaches the "Elite Eight": Fifty Thousand Dollars ($50,000) paid to the Employee; or • Any year in which the Men's Basketball Team reaches the "Final Four": SeventyFive Thousand Dollars ($75,000) paid to the Employee; or Any year in which the Men's Basketball • Team wins the National Basketball Championship Game: Two Hundred Thousand Dollars ($200,000) paid to the Employee.
3.
4.
Coaching Recognition
•
It is understood that the Employee shall be eligible for a payment under this Section 3 for meeting one or both of the criteria in any year, meaning the maximum payable in any one year under this Section 3 is Seventy-Five Thousand Dollars ($75,000).
•
Regular Season Victories (overall)
•
It is understood that the Employee shall be entitled to only one ( 1) payment in any given season under this Section 4 dependent on the number of games that the Men's Basketball T earn wins during that regular season, meaning the maximum payable in any one year is Fifty Thousand Dollars ($50,000). 5.
•
Regular Season Victories (Conference)
It is understood that the Employee shall be entitled to only one (I) payment in any given season under this Section 5 dependent on the number of conference games that the Men's Basketball Team wins during that regular season, meaning the maximum payable in any one year is Thirty Thousand Dollars ($30,000).
6.
•
•
•
Home Game Ticket Receipts
•
Ticket receipts shall mean gross ticket sales minus all applicable taxes. It shall include actual ticket price, including surcharge. It shall not include donations or any gifts associated with any premium space or ticket location. The ticket receipt goals may change annually upon the mutual agreement of the Director of
•
00092584-7
15
Any year that Employee is named SEC Coach of the Year by the SEC: Twenty Five Thousand Dollars ($25,000) paid to the Employee, and/or Any year that Employee is named National Coach of the Year by the National Association of Basketball Coaches and/or the Associated Press: Fifty Thousand Dollars ($50,000) paid to the Employee. Any year in which the Men's Basketball Team wins twenty-five (25) games: Twenty Five Thousand Dollars ($25,000) paid to the Employee; or Any year in which the Men's Basketball Team wins thirty (30) games: Fifty Thousand Dollars ($50,000) paid to the Employee.
Any year in which the Men's Basketball Team wins twelve (12) Conference games: Twenty Thousand Dollars ($20,000) paid to the Employee; or Any year in which the Men's Basketball Team wins thirteen ( 13) Conference games: Twenty Five Thousand Dollars ($25,000) paid to the Employee; or Any year in which the Men's Basketball T earn wins fourteen or more ( 14+) Conference games: Thirty Thousand Dollars ($30,000) paid to the Employee. Any year in which ticket receipts for home men's basketball games exceeds Four Million Dollars ($4,000,000): Twenty Five Thousand Dollars ($25,000) paid to the Employee, or Any year in which ticket receipts for home men's basketball games exceeds Four Million Five Hundred Thousand Dollars ($4,500,000): Fifty Thousand Dollars
Athletics (or his designee) and the Employee; in the absence of such agreement, the ticket receipt goals shall escalate three percent (3%) from the prior year.
It is understood that the Employee shall be eligible for only one ( l) payment under this Section 6, dependent on the home game ticket receipts for that season, meaning the maximum payable in any one year under this Section 6 is Fifty Thousand Dollars ($50,000).
00092584-7
16
($50,000) paid to the Employee.
APPENDIX A Academic and Social Conduct Incentive Definitions The following goals have been set for the contractual incentive related to academic and social achievement. The first four (academic) incentives are each worth $12,500 and may be earned individually. The Academic/Social incentive is worth $50,000 and four of the six incentives must be achieved as such: the Academic Progress Rate (APR) goal must be achieved; one of two of the social goals must be achieved; and at least two additional goals must be achieved. Obtaining four out of the six per the aforementioned criteria will result in the Academic/Social incentive payout of $50,000 for a potential maximum of $100,000. Data used will be from the academic year (fall/spring semesters). Complete data may not be available for these purposes until June of each year. Academic:
1.
G.P.A.-At conclusion of academic year (after spring semester) team GPA (of student-athletes receiving countable financial aid) Is a 2.7 or higher cumulative grade point average. ($12,500)
2.
APR - At conclusion of academic year (after spring semester) team multi-year APR of 950 or higher
after year 1, 960 or higher after year two and 970 or higher in all subsequent years (as calculated by NCAA). The program may not be under any NCAA academic penalty pursuant to the Academic Performance Program or any future NCAA academic program that may enhance or replace it In the future. ($12,500) 3.
Graduation Success Rate (GSR 4 year average)-At conclusion of academic year (after spring semester) team GSR (of student-athletes receiving countable financial aid) is 8096 or higher (as calculated by the NCAA). ($12,500)
4.
Progress Toward Degree- 9596 retained scholarship student-athletes meet NCAA, Southeastern
Conference and institutional progress toward degree requirements (to be determined in August upon completion of the summer term). ($12,500) Social: 5.
5ocial - Demonstrate individual social responsibility by members of the staff and team as defined in Coach's employment contract and by participation in at least two organized charitable and/or community activity by 10096 of squad members and full-time staff members.
6.
Graduation Sash - 95% of graduation student-athletes obtained a Graduation SashA.
"Student-athletes must average and/or fulfill the following requirements for every year enrolled at Mizzou.
• • • • • •
10 hours community service per year Regular attendance at mandatory Mizzou Made curriculum classes/events Professional resume on file no later than one month prior to graduation Good academic standing Good standing with student conduct board Member of team in final season of eligibility
APPENDIX A Cuonzo Martin Head Men's Basketball Coach
Academic Incentives
= -~~- --~ --~~ ~ri~~ r !
_ __ Annual One-Time (non-pe""'_~ent) Performance lncentiv~ ____ :
Acad_;mlcAchlevement:- ---=---=-
~
=~
2
~u-::i-~:!ademiC Prosll!SS Rate (Al'R)(ye8r 1: 9so-orh~er; _
!ear 2: 960 or higher; y~ar 3 and bey~nd: 97~
~~ hi~~r) (4 year average) _
3. Graduation Su~ Rate (GSR) (80'6 ~r hi~~er) (4 year average) 4. Progress Towards Degree_~~5'6l _ _ __ __
_ ~-
~~m_um_ Value (cumulative)
-·-···-
...
_
Maximum___-
I I~- ~::::i L .-___-_. ;
--, l
Soda~+Academ_lc~hleve~!._~=--- _ _ . j Academic w/ Social Responsibility (5. Social and per contract; and 6. Graduation ;
Sash- _must m~-~-~f&Acaciemic/So~~~t"in~~~~es as determin~ by Chan~llor and _D!~or for lntercollegl~te Athl~_tics) .. _. __
i
1
-4+ , ~
• ___
,~op~~_.?_ i
12_ ~_2,500.~ 1
'. ___ ---~
$ 50,000.00 :
---=T .l~-- .-~ _i_ . __ _f
··-·- ___ -~
, 1··1
1---· $ 100,000.00
·------
