Full text of
June Jones’ contract
EMPLOYMENT AGREEMENT
Head Coach -- UHM
THIS AGREEMENT is made and entered into this l7th day of September 2003 ("Execution Date"), and deemed effective as of 7/1/03 ("Effective Date") between the Board of Regents of the University of Hawaii ("University") and June S. Jones ("Coach"), and agreed to by the Hawaii Government Employees Association ("HGEA").
RECITALS
WHEREAS, Coach is a member of Bargaining Unit 08 whose exclusive representative HGEA;WHEREAS, this Agreement is a modification to the terms and conditions of the Collective Bargaining Agreement between the Board of Regents of the University of Hawaii ("University") and Hawaii Government Employees Association as they apply to Coach;
WHEREAS, University desires to retain the services of an athletic coach to coach its men's football team; and
WHEREAS, June S. Jones III represents that he meets University's qualifications for the position and is available for employment in this capacity by University.
TERMS
NOW, THEREFORE, in. consideration of the mutual covenants, promises and conditions contained herein, University, HGEA and Coach agree as follows:1.0 Employment
1.1 Subject to the conditions stated in this Agreement, University agrees to employ Coach as the head coach of the men's football team ("Sports Team") at the University of Hawaii at Manoa ("UH Manoa"), and Coach agrees to and accepts the term and conditions for employment outlined in this Agreement.
1.2 Coach shall manage and supervise the Sports Team in a manner satisfactory to University, and perform such other duties in the collegiate athletics program of UH Manoa as may be assigned as appropriate of a Division I Men's Head Football Coach.
1.3 Coach shall be evaluated annually in accordance with procedures developed by the Athletics Director and implemented by Supervisor, and Coach shall not be subject to the evaluation process in Administrative Procedure A9.170.
1.4 Except for the bonuses set forth in Section 3.1 of this Agreement, Coach shall not be eligible for bonuses or supplemental compensation in accordance with applicable policies and procedures of University.
1.5 The provisions of the current Unit 08 Collective Bargaining Agreement shall apply except as to Articles 8-Leave of Absence for Union Business, 9-Employment Security, 10-Employment Rights, 11-Layoffs, 12-Return Rights to APT Positions, 16-Discipline, 17-Grievance Procedure, 19-Overtime, 20-Night Differential, 21-Meals, 22-Overload, 24-Compensation Adjustments, 31-Vacation Leave, 36-Parking and 39-Salaries, and to similar related articles in future or amended contracts. To the extent the terms of this Agreement are inconsistent with the terms of the Unit 08 Collective Bargaining Agreement, the terms of this Agreement shall control.
2.0 Term.
2.1 The term of This Agreement shall be for five year(s) on July 1, 2003 and terminating on June 30, 2008, without further notice to Coach.
2.2 This employment in no way grants Coach a claim to tenure in employment, or any years of employment attributable to tenure with University.
3.0 Compensation.
3.1 In consideration for the satisfactory performance of the conditions set forth in Section 4.0 of this Agreement by Coach, University shall provide Coach:
(a) An annual salary of $400,008 (Four Hundred Thousand Eight dollars), subject to the usual and customary deductions and tax withholdings required of other University employees;
(b) All medical and insurance benefits generally provided to University employees.
(c) A bonus of $20,000 (Twenty Thousand dollars) if the football team participates in a Non-BCS Bowl Game.
(d) A bonus of $10,000. (Ten Thousand dollars) if the men's football team wins a Non-BCS Bowl Game.
(e) A bonus of $50,000 (Fifty Thousand dollars) if the men's football team participates in a BCS Bowl Game.
(f) A bonus of $20,000 (Twenty Thousand dollars) if the men's football team wins the Western Athletic Conference ("WAC") Championship.
(g) A bonus of $10,000 (Ten Thousand dollars) if named the WAC Coach of the Year.
(h) A bonus of $20,000 (Twenty Thousand dollars) if named the National Coach of the Year.
(i) A bonus of $15,000 (Fifteen Thousand dollars) if season tickets sold reaches a threshold of 32,500.
(j) A bonus of an additional $15,000 (Fifteen Thousand dollars) if season tickets sold reaches 40,000.
3.2 University shall provide Coach an opportunity to participate in an Athletic Department courtesy car program, if available, in accordance with the following provisions:
(a) The Athletics Director shall administer the car program;
(b) Under no circumstances shall Coach solicit auto dealers for cars;
(c) Coach shall obtain necessary auto insurance in accordance with applicable State laws and/or provisions of the auto dealer.
(d) Coach is personally responsible for care and maintenance of the car;
(e) The auto dealer is free to terminate the courtesy car program agreement at any time.
(f) Two (2) courtesy cars, if available, shall be provided to the Coach.
(g) If courtesy cars are unavailable or terminated, University shall use best efforts to provide alternate transportation. University shall not have any such obligation if the courtesy cars are unavailable or terminated due to Coach's abuse or failure to properly care for and maintain the cars.
3.3 Coach shall be provided TEN (10) round trip tickets to any destination in the United States each year. Tickets shall be for an economy fare and shall be booked to take advantage of available discounts. Tickets will be secured by University Marketing Agreements or outside funding. These tickets shall be for Coach's personal use for immediate family only and shall not be sold.
3.4 Coach shall be provided each year THIRTY (30) sideline season tickets for the sport coached by Coach and SIX (6) season tickets for all other University of Hawaii at Manoa sports. Tickets provided hereunder shall be for personal use and shall not be sold by Coach or given for any type of consideration or remuneration.
3.5 Coach shall be provided TWO (2) annual parking permits for the University of Hawaii at Manoa campus at no cost to Coach for each year of this Agreement. Coach shall also be provided SIX (6) Aloha Stadium parking passes for UH football games. These parking passes shall be for Coach's personal use and shall not be sold.
3.6 Twenty-one (21) vacation days shall be allowed annually; the time to be agreed upon by Coach and Supervisor. The vacation days shall vest at the rate of 134 vacation days for each full month of service. Ten (10) days of vacation may be accumulated beyond the period of annual contracts up to a total of thirty (30) vacation days.
4.0 Coach's Duties
4.1 Coach shall faithfully and conscientiously devote full-time, attention, and energy to the duties of head coach as required herein, to the promotion of UH Manoa's athletic program; and to avoid any business or professional activities or pursuits that would prevent Coach from devoting full time to performance of the duties under this Agreement, or that would embarrass University or detract in any manner from the duties outlined herein;
4.2 Coach shall know, recognize, and comply with the laws, policies, procedures, rules and regulations governing University and its employees, and the rules of the National Collegiate Athletic Association, and the Western Athletic Conference, as now constituted or as they may be amended during the term hereof, to supervise and ensure that the assistant coaches and any other employees for which Coach is administratively responsible comply with the aforesaid policies, rules, and regulations, and to immediately advise the Athletic Director or Supervisor if Coach has reasonable cause to believe violations have occurred or will occur.
4.3 Coach shall continually develop programs and procedures with respect to the evaluation, recruitment, training and coaching of student athletes to compete successfully while assuring the welfare of student athletes;
4.4 Observe and uphold all academic standards, requirements, rules and policies of University,
4.5 Encourage student-athletes to perform to their highest academic potential, obtain the highest grades possible, and graduate;
4.6 Coach acknowledges that negative statements concerning the Athletics Department, the University of Hawaii, and the State of Hawaii made to the media or in public may be detrimental to recruiting, fundraising and the morale of coaches, staff and players in the men's football program and other programs of intercollegiate athletics at the University of Hawaii. Therefore, Coach agrees that Coach shall in a timely manner first direct any complaint and/or criticism that he may have of the men's football program, the Athletics Department or the University to the Supervisor or Athletics Director. Further, Coach shall make all reasonable efforts to project a positive image of and take no action detrimental to the men's football program.
5.0 Additional Athletically-Related Activities.
5.1 In addition to the normal duties and responsibilities set forth in Section 4.0, Coach is expected to perform services for the University that are outside and beyond the scope of the normal and expected duties and responsibilities of a football coach. In addition to the compensation set forth in Section 3.0, Coach shall also be paid in twenty-four bi-monthly installments, through overload, a total of Four Hundred Thousand Eight dollars ($400,008.00) to be subject to the usual and customary deductions required of other employees, for the performance of additional athletically-related activities which may include, but not be limited to the following: performance, participation or appearances in speaking engagements, community service events, promotions, sponsorships, or broadcasts. including without limitation, endorsements, radio and television programs, media events, public appearances, advertisements, Internet web sites, films or videotapes, and other similar enterprise in any and all media that is negotiated, produced or authorized by the University ("Additional Athletically Related Activities"), subject to the reasonable scheduling and availability of Coach.
5.2 In further consideration of the above, Coach agrees that the University shall have the right to negotiate, produce, contract for, and develop Additional Athletically Related Activities that include the services or likeness of Coach.
5.3 During the term of this Agreement, Coach shall neither render Coach's services, directly or indirectly, nor authorize or permit the use of Coach's likeness in connection with the advertising, promotion or endorsement of any products, businesses, or services whatsoever for or by any third party or otherwise engage in any commercial activities of any kind without the prior specific written consent of the University, such consent not to be unreasonably withheld. Coach agrees to promptly refer all inquiries by third parties regarding Coach's availability or participation in any or other kind of commercial activity to the University. Coach acknowledges that his failure or refusal to comply with and abide by this subsection shall constitute a material breach of this Agreement. Coach further agrees that if he is denied permission by the University to render personal services to a third party, such denial shall not constitute a breach of this Agreement
5.4 Coach agrees that he shall have no right, title or interest of any kind or nature whatsoever, including copyright, in or to any commercials, advertisements, radio and television shows, promotional materials, photographs, videotapes, prints, or negatives, or in or to any component part thereof, produced or created pursuant to the exercise of the rights granted hereunder, and to the extent that any such works are not works made for hire, Coach hereby assigns, conveys, and transfers to the University any and all rights of copyright therein or thereto. Coach agrees that The University shall have the full and complete right to use, distribute, reproduce, rebroadcast, telecast, reprint, copyright, exhibit, and display any such commercials, advertisements, endorsements, and radio and television shows in any manner or fashion in any country or countries. Coach further agrees that the University shall be entitled to retain all revenue from all Additional Athletically-Related Activities.
5.5 Coach hereby warrants that Coach is free from any existing personal service or other similar contractual obligations and has full right and authority to perform all of Coach's obligations hereunder and to grant all rights specified herein without violating the legal or equitable rights of anyone. Coach agrees to indemnify and hold harmless the University against any cost, liability, and expense (including, without limitation, reasonable attorneys' fees) incurred by the University as a result of a breach of this warranty by Coach.
6.0 Camp Income.
Coach shall be allowed to earn additional income from the operation of camps or clinics at the University. Such camps or clinics shall be operated by the University, but will be conducted by Coach. Coach's responsibilities shall include promotions, recruitment and supervision of staff, and insuring that the camps are operated professionally and safely. Camp or clinic tuition/fees shall be established by University in consultation with Coach. For these services, Coach shall be compensated in an amount equal to the gross revenues generated by the clinics or camps less salary and fringe benefits paid to staff hired by Coach, plus a percentage not to exceed 10 percent (10%). University shall provide one (1) commercial per home game to promote Coach's football camp during regional football telecasts, whether live or tape delayed Coach shall also be provided production credit to produce such commercials, as well as two (2) full page advertisements for the camp in the University of Hawaii football media guide.
7.0 Termination for cause.
7.1 Coach may be disciplined by University for cause. Discipline may include termination or suspension from duties without pay.
7.2 In addition to its meaning in University documents related to Administrative, Professional and Technical (APT) employees, including the applicable Collective Bargaining Agreement, and its normally understood meaning in employment contacts, the term "cause" shall be understood to include, but not limited to, all of the following:
(a) A deliberate or serious violation of the duties set forth in this Agreement or refusal or unwillingness to perform such duties in good faith and to the best of Coach's abilities, which includes in addition to the usual and customary coaching activities, recruiting, assisting duly authorized alumni and respective booster club, and cooperating with the news media;
(b) Any conduct of Coach that constitutes moral turpitude, or which would tend to bring public disrespect, contempt or ridicule upon University, or failure to follow the high moral and ethical standards commonly expected of Coach as a leading representative of the Athletics Department;
(c) A deliberate or serious violation of any material law, regulation, policy, procedure, rule, constitutional provision, or bylaw of University, the athletic conference, or the NCAA, which violation may, in the sole judgment of University reflect adversely upon University or its athletic program, including any serious violation that could result in University being placed on probation or punished more severely by the Conference or the NCAA;
(d) Failure by Coach to report immediately to the Director of Athletics and Faculty Athletics Representative any violations of NCAA or other governing athletic rules or University rules by Coach or by members of Coach's coaching staff, student-athletes, or other persons under Coach's direct control or authority that become known to Coach;
(e) Fraud or dishonesty of Coach in the preparation, falsification, or alteration of documents or records of the University, NCAA, or WAC, or documents or records required to be prepared, kept; or maintained by the University rules, governing athletic rules, or law, or other documents or records pertaining to any recruit or student-athlete, including without limitation, expense reports, transcripts, eligibility forms, or compliance reports or permitting, encouraging, or condoning such fraudulent or dishonest acts by any assistant coaches, student-athletes or other persons under Coach's control or authority;
(f) Counseling or instructing by Coach of any coach, student, or other person under Coach's control or authority to fail or refuse to respond accurately and fully within a reasonable time to any reasonable inquiry or request concerning a matter relevant to the athletics programs of the University or of another institution of higher education which shall be propounded by the NCAA, WAC, and University, or other governing body having supervision over the athletic programs of the University or other institution of higher education, or which shall be required by law, governing athletic rules, or University rules;
(g) Sale, use, consumption or possession by Coach of any narcotics, drugs, or controlled substances, steroids, or other chemicals, the sale, use, or possession of which by any person is prohibited by law or governing athletic rules;
(h) Permitting, encouraging, or condoning by Coach of the sale, use, or possession by any student-athlete of any narcotics, drugs, controlled substances, steroids, or other chemicals, the sale, use, or possession of which by any person is prohibited by law or by governing athletic rules of which Coach had direct knowledge or about which Coach should reasonably have known.
(i) A violation by Coach of any of the other terms and conditions of this Agreement not remedied after thirty (30) days' written, notice thereof to Coach;
(j) Unauthorized absence from duty without University's consent; and
(k) Inability or unwillingness to perform the necessary and essential functions of being UH Manoa's Head Coach for men's football.
7.3 In the event University terminates this Agreement for cause, all obligations of University to make further payments and/or to provide other consideration hereunder shall cease on the effective date of termination.
7.4 In the event University terminates this Agreement for cause, the University shall not be liable to Coach for any liquidated damages, consequential damages, punitive damages, or damages for loss of any collateral business opportunities or any other benefits, perquisites, or income from any other sources.
8.0 Termination Without Cause.
8.1 At any time after commencement of this Agreement, University may terminate this Agreement without cause by giving thirty (30) days' written notice to Coach.
8.2 In the event University terminates this Agreement without cause, University shall pay to Coach, as liquidated damages, the sum of $400,008 per year to be paid in monthly installments of $33,334, commencing on the last day of the month in which the termination date occurs and continuing on the last day of each succeeding month until the date the Agreement would have ended as specified in Section 2. 1. This payment is the exclusive remedy.
8.3 The parties have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that Coach may lose certain benefits, supplemental compensation or outside compensation relating to his employment at University, which damages are extremely difficult to determine with certainty, or fairly or adequately. The parties further agree that payment of such liquidated damages by University and acceptance thereof by Coach shall constitute adequate and reasonable compensation to Coach for damages and injury suffered because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty.
8.4 The University's obligation to pay such liquidated damages shall be subject to Coach's duty to mitigate the University's obligation as specified in Section 8.1(d) below. Coach will be entitled to continue such insurance benefits at Coach's own expense as required or permitted by law, but Coach will not otherwise be entitled to any other employment benefit.
8.5 Notwithstanding the provisions of Section 8.1(a) hereof, while the University's obligation to pay liquidated damages remains in effect, the Coach agrees to mitigate the University's obligation to pay liquidated damages and to make reasonable and diligent efforts to obtain comparable employment, as soon as possible after termination of this Agreement without cause by the University. The liquidated damages shall be offset or reduced by the total compensation earned by Coach from such employment, either directly or through business entities owned or controlled by Coach ("New Total Compensation") payment of liquidated damages by University that incorporates the offset or reduction shall be calculated by reducing the annual sum of liquidated damages owed under Section 8.1(a) by the annual New Total Compensation, which difference shall be paid in monthly installments.
9.0 Outside Employment.
Coach agrees not to personally, or through. any agent actively seek, negotiate for, or accept other full-time or part-time employment of any nature during the term of this Agreement without first having obtained written consent from the Athletics Director, except in relation to employment referenced in Paragraphs 10.3 and 10.4. Coach further agrees to annually provide, beginning June 30, 2004 and on every anniversary date thereafter, a written detailed account to the Chancellor for the University of Hawaii at Manoa for all athletically related income and benefits from sources outside the institution. Sources of such income shall include, but are not limited to, the following:
(a) Income from annuities;
(b) Sports camps;
(c) Housing benefits (including preferential housing arrangements);
(d) Country club memberships;
(e) Complimentary ticket sales;
(f) Television and radio programs; and
(g) Endorsement or consultation contracts with athletics shoe, apparel or equipment manufacturers.
10.0 Personal Services.
10.1 Coach represents to have special, exceptional, and unique knowledge, skill, and ability as a men's football coach which, in addition to the full development of coaching experience at University, as well as University's special need for continuity in its men's football program, will render Coach's services unique. Coach recognizes that the loss of Coach's services to University, without University approval and release, prior to the expiration of the term of this Agreement or any renewal thereof would cause an inherent loss to University which cannot be estimated with certainty, or fairly or adequately.
10.2 Coach therefore agrees and specifically promises, not to accept employment, under any circumstances, as a men's football coach at any institution of higher education which is a member of the NCAA, or for any men's football team participating in any professional league or conference in the United States or elsewhere, requiring performance of duties prior to the expiration date of the term of this Agreement or any extension thereof without first obtaining a written release of this Agreement or a negotiated settlement thereof in writing accepted by Coach and the University. In the event the University releases Coach of his obligations under this Agreement, Coach shall be responsible for paying to to University liquidated damages, as set forth in Section 10.4.
10.3 Notwithstanding Section 10.2, Coach may terminate only contract-year-four and contract-year-five of this Agreement to take a job as a National Football League Head Coach upon written notice to the University given between November 1 and January 7 of the prior contract year. For example, if Coach desires to terminate contract-year-four of this Agreement, Coach shall provide written notice to the University between November 1, 2005 and January 7, 2006; if Coach desires to terminate contract-year-five of this Agreement, Coach shall provide written notice to the University between November 1, 2006 and January 7, 2007. In such notice Coach shall inform the University of Coach's employment plans following the termination of employment with the University. Such termination shall become effective no later than January 7th of the Contract Year in which the notice is given; provided, however, the University, at its option, may require Coach to coach any postseason game schedule to be played later than January 7th of that year, in which case the termination date shall become effective upon the conclusion of the post-season game.
In the event Coach terminates this Agreement pursuant to this Section 10.3, Coach shall be responsible for paying to the University liquidated damages, as set forth in Section 10.4.
10.4 If Coach terminates this Agreement prior to June 30, 2008 in accordance with Sections 10.2 and 10.3 above, Coach shall pay to the University as liquidated damages the sum of $400,008. Such liquidated damages shall be due and payable within sixty (60) days after the effective date of termination of this Agreement. Failure to pay such liquidated damages shall constitute a breach of this Agreement. The parties have bargained for and agreed to the foregoing liquidated damages provision, giving consideration to the fact that the University will incur administrative, recruiting, and resettlement costs in obtaining a replacement for Coach in addition to potentially increased compensation costs, and loss of ticket revenues if Coach terminates his Agreement while serving as the University's Head Football Coach, all of which damages are extremely difficult to determine with certainty or fairly or adequately. The foregoing shall not be, nor construed to be, a penalty. The provisions of this Section 10.4 shall be without prejudice to any rights the University may have under applicable law.
11.0 Relationship Between the Parties.
The relationship between Coach, University and HGEA shall be determined solely by the terms and conditions of this Agreement.
12.0 Governing Law.
This Agreement shall be governed by and construed, under the laws of the State of Hawaii, the courts of which shall be the forum for any lawsuits arising from or incident to this Agreement.
13.0 Arbitration.
Any disputes between University and Coach shall be decided in a final and binding arbitration. The parties shall mutually agree to an arbitrator. If no agreement on an arbitrator can be reached, then either party may apply to the First Circuit Court of the State of Hawaii for the appointment of an arbitrator. The arbitrator's fee shall be split equally between the parties. Each party shall bear their own attorneys' fees and costs.
14.0 Severability.
If any provision of this Agreement shall be determined to be void, invalid, unenforceable or illegal for any reason, it shall be ineffective only to the extent of such prohibition and the validity and enforceability of all the remaining provisions shall not be affected. thereby.
15.0 Impossibility.
University may cancel this Agreement at any time upon 30 days' notice without any further obligation under this Agreement, due to a determination by University to eliminate the Sports Team program for lack of funds, or a decision to discontinue the program made in accordance with University policies and procedures.
If the University terminates this Agreement due to impossibility, then the University agrees that for a period of two (2) years it will not hire any other head men's football coach without first providing Coach an exclusive opportunity to negotiate terms for such a position for a period of thirty (30) days.
16.0 Prior Agreements.
This Agreement supersedes any and all prior agreements between the parties.
17.0 Entire Agreement Modification.
This Agreement contains all the terms between the parties and may be amended only in writing signed by both parties.
18.0 Subject to Appropriation.
The parties acknowledge that the term and conditions of this Agreement are subject to legislative appropriations and that the Agreement may be required to be modified because of future legislative action.
19.0 Board of Regents Approval.
This Agreement is subject to the approval of the Board of Regents of the University of Hawaii.
IN WITNESS WHEREOF, the University, HGEA and Coach have signed this Agreement on the day and year first above written.
BOARD OF REGENTS
UNIVERSITY OF HAWAII
By: Patricia Y. Lee
ChairpersonBy: Edward Yuen
Director of Collective BargainingCOACH
By: June S. Jones III
CoachHAWAII GOVERNMENT EMPLOYEES ASSOCIATION
AFSCME Local 152 AFL-CIO
By: Russell K. Okata
Executive DirectorAPPROVED AS TO FORM:
Leigh SteinbergWalter S. Kirimitsu
University General Counsel
