Mike Locksley Contract

8/4/2019 Mike Locksley Contract

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THE UNIVERSITY OF NEW MEXICOALBUQUERQUE, NM 87131

Date: December 16, 2008

locksley, MichaelBanner!D: 101464035

Athletics Football 925E

Positloo Number: S07577 Suffix: 00

After consultation with appropriate University authorities, it has been determined that your appointment status will beHead CoaehiFootbalf - Y7009for the period of service from 12/08!2008 to 00130/2014.

TOTAL MONTHS OF PERCENT INDEX CODE(S) PERIOD DURING WHICH iNSTALLMENTSSALARY SERVICE TIME PAYMENTS ARE MADEBEGINNING ENDING AMOUNT NO.

$1,669,500.00 66.78 1.0 925027 100% 12!08/2008 06130/2014 $25,000.00 66.78I IBase 8alary: $300,000.00This is the {1) first year of a (6) six-year contract. Please refer to the Employment Addenda for details.

,.,..,..,..,;,,tm,.,..,t is governed by app!icabte policies as stated in the University's lntercoltegiate Athletics Policies and"''"'ruu""'"' Manual and the University Business Policies and Procedures Manual, as they are amended from time totime, published and distributed by the University, and by relevant federal and state laws and regulations. In conformancewith UNM policy 3240, The University reserves the right to renew or not renew this contract.The contract of a for !he fiscal year !s usually written to indicate a twelve-month period of employment,it being understood for coaches, a one-month vacation is implicit in the agreement However, details of thepolicy on vacation accruals are governed by the University's !ntercoUagiate Athletics Polictes and Procedures Manualand the University Business Policies and Procedures Manual. Where duplication of policy exists in both documents, theUniversity's Intercollegiate Athletics Policies and Procedures Manual shall prevail.Please sign, make a copy and take the original of this contract !o the Division of Human Resources, 1700 Lomas NE.,Ste. 1400 within !he next ten days.i accept the appoin1ment described above.


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ADDENDUM TO EMPLOYMENT AGREEMENTOF

HEAD COACH MIKE LOCKSLEYThe following additional terms and conditions shall be an Addendum to the standard printedemployment contract between the University of New Mexico ("University") and Head CoachiMen'sFootball MIKE LOCKSLEY ("Coach Locksley"). Together, this Addendum and Coach Locksley'sstandard printed contract shall be referred to as the "A!:,JTeement."

I. POSITION: Coach Locksley shall be responsible for all aspects of the University'sintercollegiate men's football program, under the direct supervision of the Vice President torIntercollegiate Athletics ("VPIA") or the Senior Associate Athletic Director. During the period ofthis Agreement Coach Locksley shall devote his entire time to the duties of Head Coach/Men'sFootball, and shall not engage in any other employment except as specifically authorized by thisA!:,JTeement or the VPIA.

2. TERM OF AGREEMENT: The term of this A!:,JTeement shall be for a period of five (5) years andseven (7) months, commencing December 9, 2008, and ending June 30, 2014. The first contractyear under this Agreement shall be an abbreviated contract year commencing on December 9,2008, and ending on June 30, 2009. All subsequent contract years shall commence on July I andend on June 30. This Agreement may be extended beyond June 30, 2014, only by the mutual,written a!:,JTeement of the parties. This Agreement shall automatically terminate upon CoachLocksley's death or pennanent disability ("pennanent disability" shall mean a minimum of six(6) consecutive months of incapacity preventing Coach Locksley from performing the essentialfunctions of his job). No notice to Coach Locksley shall be required for this Agreement, and withit Coach Locksley's employment by the University, to end on June 30,2014.

3. COMPENSATION: The compensation obligation of the University under this Agreement shallbe in four components: (a) Base Salary and Benefits; (b) Other Compensation; (c) IndependentIncome; and (d) Incentive Salary. All compensation described in para!:,JTaphs 3.a, 3.b.4, 3.b.5 and3.b.6 of this Agreement shall be prorated to r the first, abbreviated contract year described above.

a) BASE SALARY AND BENEFITS: Coach Locksley shall receive a base salary of$300,000 per contract year. Effective July L 2010, and each year thereafter within theAgreement tenn. Coach Locksit:y's base salary will be adjusted in accordance with theRegents' annual salary policy for staff for that year. Employer-paid fringe benefits shallbe paid in addition to the base salary consistent with University policy.

b) OTHER C O ~ t P E \ S ~ T J O \ J : Ctl:Jch Locksky shall pnHidcddun tcm1l ) Coach Lockskv shall be provided 2 courtesy cars for his personal use.subject to all the insurance. income tax. and other policies and regulations of the cardonor. the l:niversity. and the lntcm;d Revenue Senice. Coach Lockskyunderstands and that the uc of the c o u r t ~ : s v cars is taxableto h


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2) Coach Locksley shall receive twelve ( 12) reserved season tickets to homegames for each Men's Football season. Coach Locksley understands and agrees thatthe value of these tickets is taxable compensation to him;3) Coach Locksley 's spouse \\ill be added to the official University travelparty to regular-season away games within the continental United States. CoachLocksley understands and agrees that the value of this benefit is taxablecompensation to him;4) In addition to his regular coaching duties, Coach Locksley shall beresponsible for reasonable efforts to promote the men's football program, theUniversity of New Mexico and the University's athletic department within thecommunity, and for meeting with sponsors and donors. These additional dutiesshall be discharged in coordination with and under the direction of the VPIA andshall include, without limitation, speaking to youth groups, alumni assemblies,service clubs and the like, conducting free football camps and clinics todisadvantaged youth, meeting with sponsors and donors, and similar activities asmay from time to time be assi!:,'11ed by the VPIA or the Senior Associate AthleticDirector. Coach Locksley shall not refuse any reasonable community relationsassignment from the VPIA. Coach Locksley shall be paid, in twelve approximatelyequal monthly payments in addition to the base salary described above, the amountof $150,000.00 per contract year in consideration of discharge of the dutiesdescribed in this paragraph, said amount to be paid directly from funds available tothe Athletic Department. Coach Locksley understands and agrees that payments tohim pursuant to this paragraph constitute taxable compensation;5) The University may enter into agreements with radio and/or televisionsstation(s) (the "Media Agreements") under which the University will receiverevenue subject to conditions and terms negotiated between the University andthird parties. Irrespective of the University entering into any Media Agreementsduring the Term, the University will, in addition to the foregoing amounts, pay toCoach Locksley the additional sum of $200,000.00 per contract year to be availableto make appearances as a representative of the University and/or which willotherwise fulfill the obligations of the University with regard to those third-partycontacts or other arrangements. The University will pay the $200,000.00 describedin this paragraph in t w e l v ~ approximately equal installments during the contractyear, as part of Coach Locksley's monthly compensation. Coach Locksley shallassist the University in obtaining contracts and arrangements as described in thispara!:,rraph, and will n(t unreasonably withhold any appearance which is necessarymeet the contractual and other obi under this paragraph.will not en1er \'>hich conflict with

of the as m paragraph. Coachunderstands and that the benefits provided under this paragraph are taxablecompensation to him:6) The Lniversity may enter into promotion, use and/or endorsement


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any Endorsement Agreements during the Tenn. the University wilL in addition tothe foregoing amounts. pay Coach Locksley the sum of $100.000.00 per contractyear to wear and equip his team with shoes, other apparel and equipment asdirected by the University. Coach Lockslcy will not enter into individualendorsement or any other agreements with third parties \vhich require him toendorse, wear or equip his team with shoes and/or apparel andior equipment \\hichwould conflict with agreements between the University and Leartield Lobo SportsProperties or other parties or entities. The VPIA shall reasonably decide in goodfaith whether there is any such conflict, and the VPIA' s decision shall be tina! andbinding on Coach Locksley. The University will pay the compensation describedin Paragraphs 3(b)(4), 3(b)(5) and 3(b)(6) on a pro-rated monthly basis during eachcontract year, as part of Coach Locksley's taxable monthly compensation.

c) INDEPENDENT INCOME: Subject to compliance with Athletics Depa1iment, UNM,Mountain West Conference and NCAA policies, as currently in force and from time totime amended, and with the advance written permission of the VPIA to be requested inwriting, Coach Locksley may earn other athletics-related income during the period of thisAddendum. The required written permission of the VPIA shall be requested prior to thecommencement of each contract year or as otherwise required based upon deals that maycommence during a particular contract year. Such activities are independent of hisUniversity Employment, and the University shall have no liability or responsibility forany claims arising therefrom. Coach Locksley agrees to indemnify the University andhold it harmless from any claims arising out ofhis independent contractual arrangementswith third parties. Coach Locksley's advance written requests pursuant to this para!,'Taphshall include the sources and amounts of any independent income contemplated by thisparagraph.With the written permission of the VPIA, Coach Locksley may organize and conduct acamp, clinic, lessons, or sport league pursuant to the Athletics Department's summercamp policy (Camp/Clinic Manual). These activities are performed in addition to CoachLocksley's assigned duties and responsibilities, and shall not interfere with those assignedduties and responsibilities. Coach Locksley shall receive no compensation from theUniversity in connection with these activities.

d) INCENTIVE SALARY: In addition to the compensation set forth above, Coach Locksleywill earn incentive salary according to the following schedule, whi.:.h shall be reviewedand may \Vith mutual agreement of the parties be adjusted upwards annually:

APR OVER 935-$5.0000'\!E YEAR A'\!D 4 Y \R GRADL\TION RATES OVLR o-$5.000VICTORY 0\.ER A TOP RA'\!Kl:D TEA\1-$1 lOSELECTl0'-1 TO A 80\VL GA\1E-O\E \10NTH BASE SALARYSELECTI0'-1 TO BCS 80\VL GA\1E-S J 50.000\1\VC CHAMPIO:\:SHIP-\25.0()()TOP 25 E\JD OF THE SEASON RA\KI'\!G-$15.000

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4. RELOCATION EXPENSES: The University will reimburse Coach Locksley for movingexpenses not to exceed $20,000.00 incurred by Coach Locksley in moving his residence fromrllinois to New Mexico.

5. AVAILABILITY OF FUNDS: This Agreement is subject and subordinate to a determination bythe Board of Regents to the availability of funds for the support of the intercollegiate men'sfootball program. In the event such funds are determined to be insufficient by the Board ofRegents and the men's football proJ:,rram is indefinitely suspended or tenninated or CoachLocksley's compensation hereunder is adversely affected, this A&rreement may also beterminated at the end of the fiscal year in which such a finding is made or within ten ( 10) days ofany actual reduction of compensation, whichever first occurs. Upon such termination, all rightsand obligations due from each party to the other under the provisions of this Agreement shallcease.

6. TERMINATION OF AGREEMENT FOR CAUSE: The University reserves the right totenninate this Agreement for "adequate cause" at any time. "Adequate cause": shall mean theviolation of any material obligation of Coach Locksley under this Agreement or any amendmentsthereto which are not cured by Coach Locksley within a reasonable amount of time;insubordination; neglect of duty; malfeasance; conduct involving moral turpitude; conviction ofa felony; major or repeated minor violation of policies, rules, or regulations of the University;major or repeated secondary infractions of the Mountain West Conference or NCAA rules;violation of his duty to use diligent, good faith efforts to ensure such compliance by his statf orstudent-athletes in the men's football program; willtul or grossly negligent conduct injurious tothe intercollegiate football program at the University; or, any other reason constituting adequatecause for tennination pursuant to official written policies of the University and/or its AthleticsDepartment. If this Agreement is terminated for adequate cause, the University shall have noturther liability except for base salary and fringe benefits accrued to the date of termination and apro rata share of the Other Compensation described in paragraph 3.b.4, 3.b.5 and 3.b.6, above, tothe date of termination.

7. TERMINATION BY REQUEST OF COACH LOCKSLEY: Coach Locksley may terminate thisAgreement without cause at any time upon thirty days notice to the VPIA. In the event thatCoach Locksley terminates this agreement pursuant to this paragraph, the University shall haveno turther liability except for base salary and benetits accrued to the date of tennination, a prorata share of the Other Compensation described in paragraph 3.b.4, 3.b.5 and 3.b.6, above, to thedate of tcnnination. Coach Locksley understands and agrees that his ten11ination of thisAgreement pursuant to this paragraph prior to the expiration of the tcnn of this Agreement \\illcause irreparable harm to the reputation and athletic programs of the University in an amount notcapable of precise calculati


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8. TERMINATION BY REQUEST OF UNIVERSITY: The University may voluntary tenninatethis Agreement by giving written notice to Coach Locksley not later than March 31 of anycontract year. No notice from the University shall be required for the Agreement to expire by itsterms on JUNE 30, 2014. In the event of termination of this A . ~ ; , r r e e m e n t by the University otherthan for cause as defined in paragraph 6, above, the University shall pay to Coach Locksley hispro-rated base salary, as described in paragraph 3, above, and his pro-rated other compensationas described in paragraph3.b.4, 3.b.5 and 3.b.6, above, for the remainder of the contract year inwhich such notice is given. The University shalL in addition, pay to Coach Locksley his basesalary, as described in p a r a . ~ ; , r r a p h 3 .a. above, for each remaining contract year of the tenn of thisAgreement. This additional sum shall be deemed a severance payment to Coach Locksley. inreturn tor which Coach Locksley agrees to release the University from any claims and liabilityassociated with the termination of his employment at the request of the University. The sumdescribed in this paragraph will be paid in monthly payments to Coach Locksley, with NewMexico and federal tax withholdings, until paid in full. Coach Locksley understands and agreesthat there will be no retirement withholding or contribution on the severance payment describedin this paragraph. Except as otherwise expressly provided in this paragraph all rights andobligations due from each party to the other under this A . ~ ; , r r e e m e n t shall cease upon the effectivedate oftennination as set forth in the written notice required by this paragraph.In the event Coach Locksley obtains other coaching employ1nent during the period for whichUNM is obligated to continue pa)ments to Coach Locksley pursuant to this paragraph, CoachLocksley shall immediately notify the Vice President of Intercollegiate Athletics of his newemployment and all annual compensation to be paid to him pursuant to a written contract ofemployment, including any addenda or amendments associated with that contract. Pursuant tothis paragraph, the University's financial obligation to Coach Locksley will be offset by allcompensation paid pursuant to the new written contract of employment, including any addendaor amendments, including but not limited to, base salary, deferred compensation, shoe andequipment contracts, public relations and bonuses and incentive salary.

9. CONDUCT OF ATHLETICS PERSONNEL: Coach Locksley. hired to administer, conduct orcoach intercollegiate athletics, shall act with honesty and sportsmanship at all times in promotingthe honor, dignity, fair play and high standards associated with competitive sports.

I0. UNETHICAL CONDUCT: Coach Locksley shall refrain from unethical conduct Unethicalconduct by a prospective, cmTent or former University employee shall mean the followingmisconduct:a) Refusal to furnish infonnation relevant to an investigation of a possihle violation of an\ICAA regulation when requested to Jo so by the \ICAA or the Cnivcrsity;

or transcripts for

c) Knowing involvement in ng or providing a prospective or an enrolled student-athlete an improper inducement or extra benefit or improper financial aid;

d)


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e) Receipt of benefits by Coach Locksley for facilitation or arranging a meeting bet\veen astudent-athlete and an agent, financial ad\isor, or a representative of an agent or advisor,(e.g., a "runner") in violation of NCAA rules.

1I. COMPLIANCE WITH RULES AND REGULATIONS: Coach Locksley shall be responsible formaintaining complete knowledge of and full compliance with the policies, rules and regulationsof the University (particularly those described in the Athletic Department's Policies andProcedures Manual), the MWC or any other conference with which the University may elect toaffiliate, and the NCAA (all as currently in force and as amended from time to time). CoachLocksley shall immediately report any suspected or real violations of the above policies, rulesand regulations occurring in the Department to the Assoc. Athletic Director Admin. If CoachLocksley is tound to be in violation of any of the foregoing while employed by the University,7or is found to have been in violation of NCAA or conference rules and regulations during prioremployment at another NCAA member institution, he shall be subject to disciplinary orcorrective action as set forth in the NCAA enforcement procedure and as set forth in thisAgreement, up to and including termination. Tennination pursuant to this paragraph shall bedeemed termination for adequate cause.

12. ARBITRATION: To the fullest extent permitted by law, any dispute or controversy arising outof or relating to this At,:rreement or the breach thereof, including the rights, duties, obligations andliabilities of the parties hereunder, shall be determined by binding arbitration. The duty toarbitrate shall survive and include the cancellation or termination of this Agreement and shallinclude all disputes or questions regarding interpretation and enforceability of this Agreement.Arbitration shall be conducted, upon request of either party, before a single arbitrator chosen bythe parties by alternately striking names from a list of seven names submitted by the AmericanArbitration Association of individuals who shall be attorneys knowledgeable in the field ofemployment contracts and, to the greatest extent possible, collegiate athletics, and who shallmake his/her award in confonnity with the rules of said Association and in accordance with thelaws of the State of New Mexico as applied to the facts found by him/her. The expense ofarbitration proceedings conducted hereunder shall be bome equally by both parties hereto, andall arbitration proceedings hereunder shall be conducted in Albuquerque, New Mexico. If thearbitrator detennines that the University did not have adequate cause for any tennination underParagraph 5, damages shall be calculated based upon sums that the University would be requiredto pay under the compensation provisions of this Agreement. No other compensatory,consequential or exemplary damages may be awarded to Coach Locksley.

13. The waiver by either party of a breach of any provision of this A.b'Teementshall not operate or be construed as a waiver by that party of any subsequent breaches. Allagreement and covenants in th1s Agreement are se\ erublc. and 1f a cout1 competent

any to be 1m ali d. remamder of thismax1mum cable extent.

14. The l'ni\ersity standard printed employment contract and thisAddendum to that contract together constitute the entire agreement between the parties. CoachLocksley affin11ati\Ciy states and warrants that he does not. in entering into this agreement. rely

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l) STATUTORY OVERSIGHT: This Agreement and any other amendments or addenda shall begoverned by and construed in accordance with the laws of New Mexico and policies of theUniversity ofNew Mexico Board Of Regents.

16. ASSIGNMENT: This Agreement is strictly non assignable.

UNIVERSITY OF NEW MEXICO

Date: '1/JJCJ9Paul KrebsVice President for Intercollegiate Athletics

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FJRS'J AMENDMT:NJ TOAf)Dfl\DlJM TO EMPLOYMENT AGRE!il\>1'\TorHrAD CO


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pro,ided "' this pmsrapb all rights and obligatoons due from o.t

Mike Locksley Contract

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Transcript of Mike Locksley Contract