COACH' S EMPLOYMENT AGREEMENT
This agreement, is made by and between Kansas State University (Intercollegiate Athletics), hereinafter called "the University," and Bill Snyder, hereinafter called "the Employee".
WITNESSETH:
THAT WHEREAS the University and the Employee have entered into this employment agreement because the University desires to hire the Employee for a period of six (G) years with the Employee's assurance that he will serve the entire term of this employment agreement, a long term commitment by the Employee being critical to the University's desire to run a stable football program. The Employee desires to obtain the opportunities of employment with the University which are set forth in this Employment Agreement. For these reasons, the University has agreed to employ the Employee and the Employee has promised to be employed by the University upon the following terms and conditions:
1.0 Employment:
Subject to the further conditions stated in this agreement, the University hereby employs the Employee as head coach of the men's varsity football team at the University and the Employee hereby agrees to and does accept the terms and conditions for said employment outlined herein. In such capacity, the Employee shall be under the general supervision of the President of the University, hereinafter referred to as "President", and the immediate supervision of the Athletic Director, hereinafter referred to as "Director". The Employee shall perform such duties as may be assigned in connection with supervision and administration of the football program, and such other duties in the intercollegiate athletic program of the University as may be assigned which includes promotional, fund raising and public relations work. The Employee shall confer with the Director on all matters requiring administrative and related decisions. If necessary, the Athletic Director and the Employee may confer with the President.
2.0 Term:
The term of this contract shall be for six (6) years and shall begin on June 10, 2001 and shall terminate at the conclusion of Fiscal Year 2007, subject to the conditions stated herein.
This employment in no way grants the Employee a claim to tenure in employment or any years of employment attributable to tenure within the University.
3.0 Compensation:
3.1 In consideration for services and satisfactory performance of the condition of this contract by the Employee, the University promises to pay the coach:
3.1.1 An annual salary of $201,880 per year effective with the contract in FY2002 payable in bi-weekly installments. Said salary shall be increased annually by normal university procedures for salary increases commencing Fiscal Year 2003.
3.1.2 Employee shall be compensated annually for radio and television shows associated with the employee's football season; employee appearances associated with University related events; 50% of cash payments made to the University for endorsements from University contracts with equipment and apparel manufacturers associated with the football program; and other duties as mutually determined by the employee and the University.
The amount of annual compensation associated with the above shall be $1,298,120 in fiscal year 2002 and market adjustments to meet industry standards will be made annually.
The above annual compensation will be distributed periodically to the employee or SSM, Inc. as mutually determined by the University and employee.
3.1.3 Employee will be eligible to earn the following performance bonuses which shall be paid by the end of the fiscal year in which the bonus is earned.
- Big XII Divisional Conference Championship $25,000
- Big XII Championship $50,000
- Invitation and appearance in a NCAA
Sanctioned post-season Bowl game $25,000
- National Championship $100,000
- Top 10 (final CNN/USA Today poll) .$ 20,000
- Top 20 (final CNN/USA Today poll) $ 10,000 3 .1 .4 Product gift and apparel associated with University contracts with equipment and apparel manufacturers for the football program accrue to employee and his staff.
3.1.5 The University will make available to the football program without charge, use of all football facilities and KSU Stadium on its campus for conduct of a men's football camp once each year and will provide to the program fifty (50) free tickets to each regular season home men's football game and eight (8) free tickets to each regular season home men's varsity basketball game.
3.1.6 The University shall provide a full family membership plus the use of a golf cart at the Manhattan Country Club, with the institution to pay initial fees and monthly membership dues. Actual expenses incurred shall be paid by Employee.
3.1.7 University shall provide individual health insurance to the Employee on the same basis as all other non-academic administrative unclassified employees of the University.
3.1.8 Employee shall be provided by the University two vehicles for use during the term of this contract.
3.2 It is agreed that the compensation paid herein shall be subject to all payroll deductions (i.e.; state and federal taxes, FICA Withholding, and retirement plans) that apply to the University non-academic unclassified administrative employees.
3.3 The Employee shall be eligible to participate in group insurance and retirement programs and voluntary payroll deduction programs on the same basis, and with the same employer contributions, that apply to the University's nonacademic unclassified administrative employees, but only as to Employee's base salary.
3.4 Decisions on coaches and support staff salaries will be at the direction of the Employee consistent with Annual University policy for salary administration and within the budget confines of the department of athletics.
3.5 Employee will maintain control of scheduling and televised games with the mutual consent of the Director of Athletics.
4.0 Release from Contract:
Employee shall not be released from any of the current terms or obligations associated with this contract in the event that, during the term of this agreement, Employee should decide not to continue as Head Football Coach, except in the event that such decision is mutually agreed upon in writing between Employee and University; is medically necessary; or as provided herein. In the event Employee does unilaterally terminate, employee will pay the University $100,000. If the University chooses to de-emphasize football, (defined as reducing funding for the program considering inflation more than 10% of total expenditures for any given fiscal year, leaving the Big XII Conference for a less prestigious league or becoming classified at a level less than I-A), employee may terminate without paying the above amount. Additionally, if the President leaves the University, the employee shall be able to exercise the right to terminate without paying the above amount ~or one calendar year from the time a new President is appointed.
4.1 If employee is unable to continue as head coach for medical reasons as provided herein, employee will continue as an Athletic Department employee at a compensation rate equal to that of the highest paid administrator beneath the Athletic Director level for the duration of the contract. As an alternative to this extension, a one year leave of absence due to illness may be granted if it is mutually agreed upon by both the employee and the University.
5.0 Employee's Duties:
5.1 In consideration of the annual salary and all other benefits included herein and under the provision of this contract, the Employee does promise and agree as follows:
To faithfully and conscientiously perform the duties assigned by the Athletic Director and the President, including but not limited to the following:
a. Devotion of full time attention and energy to the duties of head football coach as required herein and to the promotion of the University's athletic program in general, and to avoid any business or professional activities or pursuits that will prevent the employee from devoting full time to performance of the duties set forth herein, or which will detract from the duties outlined herein.
b. To recognize and comply with all laws, policies, rules and regulations of and governing the University and its employees and the regulations of and governing the University and its employees and the rules of the National Collegiate Athletic Association and the Big XII Conference, as now constituted or as may be amended during the term hereof. Employee shall also endeavor to ensure that all assistant coaches and any other persons for which the Employee is responsible comply with all aforesaid policies, rules and regulations. Failure to comply with all of the laws, policies, rules and regulations of the Institution, the National Collegiate Athletic Association, or the Big XII Conference, with involved parties' knowledge of the rule that is violated (provided employee endorsed said violation) and if the violation is a major violation and the University is formally sanctioned, will be considered a breach of Employee's contract herein. Remedies available to the University in the event of such violations shall include termination of employment. In that event, the University shall not be liable for the payment of any salary or other additional payments, or installments thereof, to accrue following the end of the month of such termination.
6.0 Termination:
6.1 The University reserves the option to terminate this contract if at any time the Employee, in the opinion of the
University:
6.1.1 Does not follow the high moral and ethical standards, expected of the Employee as a leading representative of the Department of Intercollegiate Athletics at the Institution (as defined in Appendix D, page 57, of the KSU Faculty Handbook);
6.1.2. Fails to properly comply with any other duties set forth herein.
6.2 If the University terminates the Employee's employment before expiration of this agreement, it shall deliver written notice to the Employee at least thirty (30) days prior to the effective date of such termination. If such termination is for reasons other than breach of contract by the Employee, or the other specific reasons set forth in this Agreement, and/or is unilateral on the part of the University and not by mutual consent, then the University shall continue to pay the compensation as set forth in 3.1.1; 3.1.2; and 3.1.7 for the full term of this contract. All such payments shall be made on the same schedule as if Employee continued to be employed for the full term of this contract. The University shall not be responsible for payment to the Employee of any amounts attributable to radio and television advertisements not associated with coach's radio or television show, or from any other endorsements or income from third parties in the event of such termination.
6.3 It is hereby agreed that this employment agreement is null and void if during the life of this agreement the Kansas State Football team has three (3) consecutive seasons in which they win three (3) games or less.
7.0 Personal Services:
The Employee hereby represents to have special, exceptional, and unique knowledge, skill, and ability as a football coach which, in addition to future acquisitions of coaching experience at the institution, as well as the University's special need for continuity in its football program will render the Employee's services unique. The Employee recognizes that the loss of Coach's services to the University, without the University's approval and release, prior to the expiration of the term of this contract or any renewal thereof, would cause an inherent loss to the University which cannot be estimated with certainty, or fairly or adequately compensated by money damages and employee therefore agrees that the amount as stipulated in 4.0 above shall constitute liquidated damages for such loss.
8.0
All notices herein shall be addressed to the parties at the following addresses:
1. University — (in care of Robert S. Krause)
122 Anderson Hall
Kansas State University
Manhattan, KS 66506-0119
2. Employee — Bill Snyder
2201 Kimball Avenue
Manhattan, KS 66502
9.0
This Agreement contains the entire understanding of theparties and cannot be changed without written addendum.
10.0 Extension
Before June 30; 2005, employee and the Director of Athletics will discuss the future and negotiate in good faith an extension of the existing contract or, upon the completion of the contract as provided herein, negotiate another position in the Athletic Department.
This Employee's Employment Agreement entered into 18 day of June, 2001.
Kansas State University
By: Robert S. Krause
Vice President for
Institutional Advancement
By: Max Urick
Director of Athletics
By. Bill Snyder
Football Coach
ADDENDUM TO COACH'S EMPLOYMENT AGREEMENT
1. During the life of the contract, Whitney and Shannons' undergraduate education is funded (e.g. undergraduate educational expenses equivalent to room, board, books, resident tuition and fees at KSU to be applied to childrens' school of choice).
2. Use of private suite 301 and all tickets to that suite (301) in the KSU West side press box.
3. Beginning in 2001, the University will pay and provide airplane transportation to Mayo Clinic or Scripps for annual physicals and any medical expenses not covered by your insurance will be provided for by the University.
4. You will be provided six chairback seat tickets for each men's home varsity basketball game; six reserved seat tickets for each women's home varsity basketball game; four Big XII men's and women's basketball tickets and four Big XII four championship game tickets.
5. Beginning in FY2005 an amount of $100,000 spread out across a three-year period will be provided to you or your corporation for the purpose of an annuity.
6. You will be required to take one week annual leave per year and the Department will provide a maximum of $5,000 for expenses during that week for annual leave.
As a matter of clarification, upon completion of the current contract (through the end of FY2007) or in the event that illness results in the end of your coaching years as provided in the contract, the above items would be provided. Additionally, the arrangements for you to be able to purchase health insurance for you and your dependents on the same basis of other departmental employees would continue if you are no longer employed; or as an employee, your benefits in this area would simply continue. We will make every endeavor to secure extended care coverage within our health insurance policy but will be dependent upon the master policy utilized by the Department.
http://www.wildcatdaily.com/Football/article.asp?sectionid=Football/Snyder%20Years/News&id=696-2004-09-30-53943-13