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Boise WBB Contract
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73 views15 pagesAgmt - Gordonpresnell.athletics.17 3433b.2019!06!20.sboe Fully Executed
Boise WBB Contract
Uploaded by
Matt BrownCopyright
© © All Rights Reserved
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/ 15
EMPLOYMENT AGREEMENT
‘This Employment Agreement (Agreement) is entered into by and between Boise State University
(the University), and Gordon H. Presnell (Coach).
ARTICLE 1
1.1. Employment, Subject to the terms and conditions ofthis Agreement, the University
shall employ Coach as the head coach of its intercollegiate women’s basketball eam (the Team),
Coach represents and warrants that Coach is fully qualified to serve, and is available for
employment, in this capacity
1.2. Reporting Relationship. Coach shall report and be responsible directly to the
University's Athletic Director (Director) or the Director's designes. Coach shall abide by the
reasonable instructions of Director othe Director's designee and shall confer with the Director or
the Director's designee on all administrative and technical matters. Coach shall also be under the
general supervision ofthe University’s President (President)
1.3. Duties. Coach shall manage and supervise the Team and shall perform such other
duties in the University’s athletic program as the Director may assign and as may be described
elsewhere in this Agreement, The University shall have the righ, at any time, to reassign Coach
to duties at the University other than as head coach of the Team, provided that Coach's
compensation and benefits shall not be affected by any such reassignment, except that the
‘opportunity to ear supplemental compensation as provided in Sections 3.2.1 through 3.22 shall
ARTICLE 2
2.1. Team, This Agreement is fora fixed-term appointment of four (4) years and nine
(9) months, commencing on July 1, 2019 and terminating, without further notice to Coach, on
March 31, 2024 unless sooner terminated in accordance with other provisions ofthis Agreement
2.2. Extension or Renewal, This Agreement is renewable solely upon an offer from the
University and un acceptance by Cosch, both of which must bein writing and signed by the parties.
‘Any renewal is subject tothe prior approval ofthe Idaho State Board of Education (Board). This,
‘Agreement in no way grants to Coach a claim to tenure in employment, nor shall Coach's service
pursuant to this Agreement count in any way toward tenure atthe University
23, Automatic Extensions. The term ofthis Agreement will automatically be extended
by one (1) addtional year commencing on April and concluding on March 31 for each season in
Which the team as atleast eighteen (18) wins. For the purpose of calculation of wins, such wins
‘must occur during the regular season, the conference tournament, the Women's National Invitation
Tournament ("WNIT"), or the National Collegiate Athletic Association ("NCAA") Tournament,
to the exclusion ofall other pre-season exhibition games or post-season tournaments BB
ARTICLE 3
3.1.1. In consideration of Coach's services and satisfactory performance of this
‘Agreement, the University shall provide to Coach
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‘A base salary $300,000 per year and subsequent extension years
pursuant to Section 2.3 herein payable in biweekly installments in
aeordance with normal University procedures, and such salary
increases as may be determined appropriate by the Director and
President and approved by the Board;
“The opportunity to receive such employee benefits as the University
provides generally to non-faculty exempt employees, provided that
Coach qualifies for such benefits by meeting ll applicable
cligibitity requirements (except that in accordance with Board
Policy 1LH.6.bi, University and Coach agree that Coach shall not
accrue any annual leave hours and may take leave (other than sick
leave) only with prior written approval ofthe Director); and
‘The opportunity to receive such employee benefits as the
Department provides generally to its employees of a comparable
level. Coach hereby agrees to abide by the terms and condition, as
‘ow existing or hereafter amended, of such employee benefits.
Coach understanes and agrees that financial conditions may require the President,
§in the President's diseetion, to institute furloughs orto take such other actions consistent with
Board policy asthe President may determine to be necessary to meet such challenges. Inthe event
‘ofa furlough or ather action, the actual salary paid to Coach may be less than the salary stated in
‘Section 3.1.1) above.
3.2. Supplemental Compensation, Each year Coach shall be eligible to receive
supplemental compensation as detailed below:
3.2.1 Athletic Achievement Incentive Pay.
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‘Coach Contract
2019 t0 2024
The greatest of the following:
12-14 conference wins $6,000
15+ conference wins $10,000
Conference Regular Season Champions $18,000
Conference Tournament Champions $815,000
‘Avlarge selection forthe NCAA Tournament $10,000
NCAA Tournament Win (per game) 37,500
‘WNIT Win (per game) 33,000 ) Conference Coach of the Year $3,000
2) National Coach of the Year $10,000
fh) Conference Player ofthe Year $2,000
1) Conference Freshman of the Year 2,000
i) Top S0 RPI (at end of season) 6,000
If Coach qualifies for Athletic Achievement Incentive Pay under this
Section, the University will pay Coach on the first regular pay date in July if Coach is still
employed by the University on that date.
3.2.2. Academic Achievement Incentive Pay
‘Academic Incentive Pay may be earned if annual team APR ranks nationally
‘within women's basketball as follows
as soon as reasonably
National Rank Within Sport
975.980 35,000
981-985 $7,500
986-990 $10,000
991 or above $18,000
If Coach qualifies for Academic Achievement Incentive Pay, it wil be paid
eal folowing APR rating determination and verification by the
[National Collegiate Athletic Association (NCAA), if Coach is still employed by the University on
that date,
3.2.3. Conditions for payment of Athletic and Academic Achievement
supplemental compensation.
‘Coach Contract
2019 10 2024
3
8) If Coach qualifies for Athletic Achievement Supplemental
‘Compensation pursuant to section 3.2.1, University will pay Coach
fn the frst regular pay date in Jul, following the year in which
such supplemental compensation is calculated but only if Coach is
stil employed by the University on that date. Ranking shall be
‘etermined based on NCAA National Eid of Sewson Ranking
b) If Couch qualifies for Academic Achievement Supplemental
‘Compensation pursuant to section 3.2.2, it will be paid as soon as
reasonably practical following APR rating determination and
verification by the NCAA. if Coach is still employed by the
University on that date.
©) nord to receive any ofthe 3.2.1 supplemental compensation, the
“Team's retention rate must be atleast 50% for the academic year in ‘which the supplemental pay is eared. ‘The retention rate will be
calculated anew each year and will nt be cumulative.
“The decisions whether oF not to award the Incentive Pay outlined in this Section
3.2, and in what amounts, are within the Director's sole discretion. The decisions may be made
‘based on a variety of factors, including, but not limited to, Coach's individual performance,
athleticlacademic performance of Coach's assigned player personnel groups. or other
performance-elated fuctors.
3.24, Coach agrees that the University has the priority right to operate camps
and/or clnies on its campus esing University facilities
18) Ifthe University exercises its right to operate camps andlor clinies
‘on campus, the University shall allow Coach the opportunty to eara
supplemental compensation by assisting with the University’s
‘camps and/or clinics in Coach's capacity as a University employee.
Coach hereby agrees to assist in the marketing, superwsion, and
‘general administration of the University’s camps andlor clinics.
‘Couch also agrees that Coach will perform all obligations mutually
‘agreed upon by the partes. In exchange for Coach's participation in
the University's camps and/or clinics, the University shall pay
‘Coach supplemental compensation during each year of ‘his
‘employment as a coach atthe University.
'b) Ifthe University allows Coach to operate camps and/or clinics atthe
University, such operation shall be according toa written agreement
which shall include conditions such as:
1) Coach compliance with all NCAA, Conference, and
University rules and regulations related, directly or
indirectly, to the operation of camps andor clinics;
ii) Payment for use of University facilities; and
iit) Provision of proof of liability insurance
In the event of termination of this Agreement, suspension, or reassignment,
University shall not be under any obligation to permit a camp and/or clinic tobe held bythe Coach
fier the effective date of such termination, suspension, or reassignment, and the University shall
‘be released from all obligations relating thereto.
3.2.5 Away Game Guarantee, In the event the University schedules an away
‘contest with a non-conference opponent for which a game guarantee is paid to the University by
the host institution, the payment shall be distributed as follows: any amount ofthe game guarantec.
Coach Contract,
2019 to 2024
4 will be split between (a) the Department and (b) the Coach and assistant coaches at the
recommendation of Coach, subject tothe Director's final approval
33. Footwear: Apparel; Equipment. Coach agrees that the University has the exclusive
right to select footwear, apparel and/or equipment for the use of its student athletes and staff,
including Coach, during official practices and games and during times when Coach or the Team
is being filmed by motion picture or video camera or posing for photographs in their capacity as
representatives of University. In order to avoid entering into an agreement with a competitor of
‘any University selected vendors, Coach shall submit all outside consulting agreements to the
University for review and approval prior to execution, Coach shall also report such outside income
to the University in accordance witn Section 4.3 of this Agreement. Coach further agrees that
Coach will not endorse any athletic footwear, apparel and/or equipment products, and will not
Participate in any messages or promational appearances which contain a comparative or qualitative
‘description of athletic Foorwear, apparel or equipment products.
34. General Conditions of Compensation. All compensation provided by the
University to Coach is Subject to deductions and withholdings as required by law or the terms and
conditions of any fringe benefit in which Coach participates. However, if any fringe benefit is
based in whole or in part upon the compensation provided by the University to Coach, such fringe
benefit shall be based only on the compensation provided pursuant to Section 3.1.1, except to the
extent required by the terms and conditions of a specific fringe benefit program.
ARTICLE 4
4.1, Couch’s Specific Duties and Responsibilities. In consideration ofthe compensation
specified in this Agreement, Coack, in addition to the obligations set forth elsewhere in this
‘Agreement, shall:
4.1.1, Devote Coach's fulltime and best effort to the performance of Coach’s
duties under this Agreement;
4.12. Develop and implement programs and procedures with respect to the
evaluation, recruitment, training, and coaching of Team members which enable them to compete
successfully and reasonably protect heir health, safety, and well-being;
4.1.3, Observe and uphold all academic standards, requirements and policies of
the University and encourage Teatn members to perform to their highest academic potential and
to graduate in a timely manner; and
4.14, Know, recognize, and comply with all applicable laws, and with the
policies, rules and regulations of the University, the Board, the conference, and the NCAA;
Supervise and take appropriate stepsto ensure that Coach's assistant coaches, any other employees
for whom Coach is administratively responsible, and the members ofthe Team knov, recognize,
tnd comply with all such laws, policies, rules and regulations; and immediately report to the
Director and tothe Department's Director of Compliance if Coach has reasonable cause to believe
Coach Contract
2019 t0 2024
5 that any person or entity, including without limitation representatives ofthe University’s athletic
interests, has violated oF is likely to violate any such laws, policies, rues or regulations, Coach
shall promote an atmosphere of compliance with the rules and regulations. In accordance with
NCAA rules and regulations, Coach must annually pass the NCAA Coaches Certification Test
before having any off-campus contact with prospects. Coach shall promote an atmosphere of
‘compliance with the rules and regulations. In accordance with NCAA rules and regulations, Coach
‘must annually pass the NCAA Coaches Ceniication Test before having any off-campus contact
with prospects. Coach shall cooperate Fully with the University and Department at all times. The
‘names or titles of employees whom Coach supervises are attached as Exhibit A. The applicable
laws, policies, rules, and regulations include: (a) Board policies; (b) University's Policy Manual;
() the policies of the Department; (d) NCAA rules and regulations; and (e) the rules and
regulations of the [Sport] conference of which the University is a member
4.2. Quiside Activities. Coach shall not undertake any business, professional or
personal activities, or pursuits that would prevent Coach from devoting Coach’s fulltime and best
efforts to the performance of Coach's duties under this Agreement, that would unreasonably
detract From those duties in any manner, oF tha, in the reasonable opinion of the University, the
Department, would reflect adversely upon the University or its athletic program. Subject to the
terms and conditions of this Agreement, Coach may, with the prior written approval of the
Director, who may consult with the President, enter into separate arrangements for outside
‘activities and endorsements which are consistent with Coach's obligations under this Agreement,
Coach shall report such outside income and business interests tothe University in accordance with
Section 4.3 of this Agreement. Coach may not use nor may Coach authorize third parties to use
the University’s name, logos, or trademarks in connection with any such arrangements without the
prior written approval of the Director and the President (such approval not to be unreasonably
withheld.
43. Outside Income, In accordance with NCAA rules, Coach shal obtain prior written
approval from the University’s President and the Director (such approval not t be unreasonably
withheld) forall athletically-elated and other business-related income and benefits from sources
‘ulside the University and shall report the source and amount of all such income and benefits in
sccordance withthe Department's Outside Income Reporting Form. The report shal be ina format
reasonably satisfactory to University. In no event shall Coach accept or receive directly or
indirectly any monies, benefits, or gratuities whatsoever from any person, association, corporation,
University booster elub, University alumni association, University foundation, or other benefactor,
i the acceptance or receipt of the monies, benefits, or gratuities would violate applicable law or
the policies, rules, and regulations ofthe University, the Board, the conference, or the NCAA.
44. Hiring Authority. Coach shall have the responsibility and the sole authority 10
recommend to the Director the hiring and termination of assistant coaches forthe Team, but the
ecision to hire oF terminate an assistant coach shall be made by the Director and shall, when
necessary or appropriate, be subject tothe approval of President and the Board,
‘Couch Contract
2019 10 2024
6 4.5. Scheduling. Coach shall consult with, and may make recommendations to, the
Director or the Director's designee with respect to the scheduling of Team competitors, but the
Final decision shall be made by the Director or the Director's designee,
4.6. Other Coaching Opportunities. Coach shall not, under any circumstances,
imerview for, negotiate for, or accept employment as a coach at any other institution of higher
education of with any professional sports team, requiring performance of duties pror to the
expiration ofthis Agreement, without the prior approval ofthe Director. Such approval shall not,
unreasonably be withheld.
4.7. Disclosure of Serious Misconduct. Coach warrants that prior to signing this
Agreement, Coach has disclosed and will continue to disclose if Coach has been accused,
investigated, convicted of or pled guilty oF no contest toa felony or misdemeanor involving serious
‘miseondut, oF has been subject to oficial institution or athletic department disciplinary action
any time at any prior insttuton where Coach was employed. “Serious misconduct” is defined as
any act of sexutl violence, demestic violence, dating violence, stalking, sexual exploitation, or any
assault that employs the use ofa deadly weapon oF causes serious bodily injury.
4.8, Media Obligaions. Coach must fully participate in media programs and public
appearances (Programs) through the date of the Team's last regular season or post-season
Competition. Agreements recuiing Coach (o participate in Programs related to Coach's duties as
fan employee of University are the property of the University. The University shall have the
‘exclusive right to negotiate and contract with all producers of media productions and all parties
‘desiring public appearances by Coach. Coach agrees to cooperate with the University in order for
the Programs to be succesciul and agrees to provide Coach's services to and perform on the
Programs and to cooperate in their production, broadcasting, an telecastng.Itis undestood that,
neither Coach nor any asssiant coaches shall appear without the prior written approval of the
Director on any competing ‘dio or television program (eluding but not limited toa coach's
show, calkin show, oF interview show) or a regularly scheduled news segment, except that this,
prohibition shalt not apply to routine news media interviews for which no compensation is,
Feceived. Without the prior written approval of the Director, Coach shall not appear in any
commercial endorsements vhich are broadcast on radio or television that conflict with those
broadcast on the University’s designated media outlets.
49. Auendance a! Specific Gatherings. Coach will atend all staff meetings, public
relation functions, dinners, awards banquet and make appearances as directed by the Director
unless excused by the Director. Such functions shall include, but are not limited to, the following:
a) Theannual BAA barbecue
b) The weekly BAA function during the relevant season;
©) Theaanual BAA Endowment dinner,
) The Boise State Athletic Hall of Fame dinner,
©) The BAA Bronze Bronco Award banquet;
) The BAA/Alumni Auction dinner,
2) All Department staff meetings called by the Director;
Coach Contract
2019 t0 2028
7 fh) Athletic Department Graduation Reception;
') Bronco Golf Series Tournaments,
ARTICLE S|
5.1. Termination of Coach for Cause, The University may, in its discretion, suspend
‘Coach from some or al of Coach's duties, temporarily or permanently, and with or without pay
reassign Coach to other duties; or terminate this Agreement at anytime for good or adequate cause,
as those terms are defined in applicable rules and regulations.
5.1.1 In aabtion to the definitions contained in applicable rules and regulations,
University and Coach hereby specifically agres tha the following shall constitute good or adequate
cause for suspension, reassignment, or termination ofthis Agreement
8) A deliberate or major violation of Coach's duties under this
‘Agreement or the refusal or unwillingness of Coach to periorm such
‘utes in good faith and to the best of Coach's abilities;
b) The failure of Coach to remedy any violation of any ofthe terms of
this Agreement within 30 days after writen notice from the
University:
©) A deliberate or major violation by Coach of any applicable aw or
the polices, rules or regulations of the University, the Board, the
conference or the NCAA, including but not limited to any such
violation which may have occurred during the empleyment of
‘Coach at another NCAA or NAIA member institution;
2) Ten (10) working days" absence of Coach from duty without the
University’s consent;
©) Any.conduct of Coach that constitutes moral turpitude or that would,
in the University’s judgment, reflect adversely on the Un versity oF
its athletic programs;
1) The failure of Coach to represent the University and its athletic
programs positively in public and private forums;
The failure of Coucl w fully and promptly cooperate with the
NCAA or the University in any investigation of possible violations.
‘of any applicable law or the policies, rules or regulations of the
University, the Board, the conference, or the NCAA;
bh) The failure of Coach o report a known violation of any applicable
Jaw or the policies, rules or regulations ofthe University, he Board,
Coach Contract
2019 t0 2028
8 the conference, oF the NCAA. by one of Coach's assistant coaches,
‘any other employees for whom Coach is administratively
responsible, ora member ofthe Team; or
}) violation of ay applicable law or the policies, rules or regulations
‘of the University, the Board, the conference, oF the NCAA, by one.
‘of Coach’s assistant coaches, any other employees for whom Coach
is administratively responsible, or 2 member of the Team if Coach
knew or should have known of the violation and could have
prevented it by ordinary supervision,
3) The failure of Coach to disclose Serious Misconduct as required in
Section 4.7 ofthis Agreement,
5.1.2. Suspession, reassignment, or termination for good or adequate cause shall
be effectuated by the University as follows: before the effective date of the suspension,
reassignment, or termination the Director or the Director’s designee shall provide Coach with
notice, which notice shall be accomplished in the manner provided for inthis Agreement and shall,
Jnclude the reason(s) forthe contemplated action. Coach shall then have an opportunity to respond.
‘Alter Coach responds or fails to respond, University shall notify Coach whether, and ifso when,
the ation will be effective
5.1.3. Inthe event of any termination for ood or adequate cause, the University’s
1 to provide compeasation and benefits to Couch, whether direct, indirect, supplemental
‘or collateral, shall cease as of the date of such termination, and the University shall noi be Table
for the loss of any collateral business opportunities or other benefits, perquisites, or income
resulting from outside activites or from any other sources.
5.1.4 If found in violation of NCAA regulations, Coach shal, in addon tothe
provisions of Section 5.1, be subject to disciplinary or corrective action as set foth in the
provisions of the NCAA enforcement procedures, This Section applies to violations occurring at
the University or at previous institutions at which Coach was employed.
5.2, Termination of Coach for Conv fF Universit
5.2.1. Atany time after commencement ofthis Agreement, University, forits own
‘convenience, may terminate his Agreement by giving ten (10) days prior writen notice to Coach.
5.2.2 Im the event that University terminates this Agreement for its own.
convenience, University shall be obligated to pay Coach, as liquidated damages and nota penalty,
the salary set forth in Section 3.1.1(a), excluding all deductions required by law, on te regular
paydays of University until the term of this Agreement ends or until Coach obtains reasonably
comparable employment, whichever occurs frst. In the event Coach obtains other employment
after such termination, then the amount of compensation the University pays will be reduced by
the amount of compensation paid Coach as a result of such other employment, such adjusted
Coach Contract
2019 10 2024
5 ‘compensation tobe calculated for each University pay-period by reducing the gross salary set forth
in Section 3.1.1(a) (before deductions required by law) by the gross compensation paid to Coach
under the other employment, then subtracting from this adjusted gross compensation deductions
according to law. In addition, Coach will be entitled to continue with the University health
insurance plan and group life insurance as if Coach remained a University employee until the term
‘ofthis Agreement ends or until Coach obtains reasonably comparable employment or any other
‘employment providing Coach with areasonably comparable health plan and group life insurance,
Whichever occurs First, Coach shall te entitled to no other compensation or fringe benefits, except
as otherwise provided herein or required by law. Couch specifically agrees to inform University
‘within ten business days of obtaining other employment, and to advise University of all relevant
terms of such employment, including without limitation the nature and location of employment,
salary, other compensation, health insurance benefits, life insurance benefits, and other fringe
benefits. Failure to so inform and advise University shall constitute a material breach of this
‘Agreement and University's obligation to pay compensation under this provision shall end. Coach
further agrees o repay to University all compensation received from the University after the date
‘other employment is obtained.
52.3 The parties have both been represented by, or had the opportunity to consult
‘with legal counsel in the contract negotiations and have bargained for and agreed to the foregoing
liquidated damages provision, giving consideration to the fact that Coach may lose cerain benefits,
supplemental compensation, or outside compensation relating to employment with University,
‘which damages are extremely difficult to determine with cenainty. The parties further agree that
the payment of such liquidated damages by University and the acceptance thereof by Coach shall
‘constitute adequate and reasonable compensation to Coach forthe damages and injury suffered by
‘Coach because of such termination by University. The liquidated damages are not, and shall not
be construed to be, a penalty.
53. Termina for Convenience,
5.3.1. Coach recognizes that Coach's promis to work for University forthe entire
term of this Agreement is of the essence of this Agreement. Coach also recognizes that the
University is making a highly valuable investment in Coach’s employment by entering ito this
‘Agreement and that is investment would be lost were Coach to resign or otherwise terminate
temployment withthe University before the end ofthe Agreement term,
5.32 Coach may terminate this Agreement for convenience during its term by
prior written notice to the University. Termination shall be effective ten (10) days after
notice is given to the University.
53.3 IF the Coach terminates this Agreement for convenience at any time, all
‘obligations ofthe University shall cease as of the effective date ofthe termination. I the Coach
terminates this Agreement for his convenience he shall pay to the University, as liquidated
‘damages and nota penalty, for the each ofthis Agreement the following sum forthe associated
amount of time remaining inthe contract:
‘© 5 years 4 years and I day: $100,000
Coach Contract
2019 to 2024
10 ‘4 years ~3 years and I day: $80,000
3 years ~2 years and I day: $360,000
2 years ~ 1 year and 1 day 340,000
1 year~ 1 day: $20,000
Buyout will remain in effect based on the number of years remaining in the contract. If
contract is extended by one year due to the automatic extension clause, the buyout remains atthe
current limit, By way of clarification, if the contract is extended one year after the 2019-20 season
due to the eam reaching 18 wins, the buyout will main at $100,000 for the 2020-21 season, as
five years remain in contract,
‘The liquidated damages shall be due and payable within twenty (20) days of the effective
date ofthe termination, and any unpaid amount shall bear simple interest ata rate eight (8) percent
per annum until paid, Liguidated damages shall not be due and payable if
2) Coach terminates this Agreement for convenience for family
reasons, unless after such termination Coach becomes employed in
‘coaching position at another college or university prior to March
16, 2021, in which case the liquidated damages shall be due in
accordance with the terms contained inthe above paragraph; or
b) Coach terminates this Agreement for convenience in onder for
Coach to take a non-coaching position, unless after such termination
Coach becomes employed in a coaching positon at another college
or university prior to March 16, 2021, in which ease the liquidated
