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CMU (CONTRACT BETWEEN CENTRAL MICHIGAN UNIVERSITY AND JAMES McELWAIN ‘This Contact is hereby made between Central Michigan University, Mt. Pleasant, Michigan, hereinafter refered to a8 the “University,” and James McElwain brcnafter refered toa the “Coach,” This Contract consitutes the University's only ‘employment agreement with Coach “The pas to this Contact, in consideration of the mutual covenant ad stipulations se out erwin, agree: 1. Employment, The Univesity hereby employs Coach as fulltime P&A-99 employee for the purpose of conducting an intereolegite foetal program forthe University throughout the “Term” ofthis Contact, Coach hereby agrees tobe the head-coach of the football “Team” thoughout the Term of the Contract. Coach's “Term of employment begins on December 2, 2018 and shall expire or the day following the Team's final ame of the 2023-24 NCAA Division I Footbal Bow! Subdivision season (the “End Date). During the Term, each period from January 1 through and including the following December 31 shall be refered asa "Contract Year” (excep thatthe Fifth and inal contact Year shall conclude ‘on the End Dat). 2, Dats. In connection thereto, during the Term, Coach, who shll por diestly tothe Dicetor of Athletes Director"), agrees to perform al duties and responsibilities reasonably attendant tothe peston of a Division I FBS Head Football ‘Coach and as directed by the Director of Intercollegiate Atlctis in accordance with the policies, practices and regulations ofthe University and the Athletics Department. Coach shll perform asa fulltime employee daring the hours end days of the week as reasonably determined by the Director. The duties of Coach shall include, bu not be limited to, the following: |A. Coach the University’s football Team, operating within Univesity, Mid-American Conference (MAC) and NCAA rules, guidelines, and polices, and within the parameters ofthe allocated budget. BB, Supervise and manage the fotball program budget, which includes decisions on travel and equipment procurement C. Establish and maintain an active football rerutment program to provide players capable of maintaining ‘Universiy’s level of ply at the NCAA Division Level Also, recruit and sek fo retain student-athletes Who achieve acceptable academic performance, as defined by the NCAA through its Annual Progress [Report (APR) and Graduation Success Rate (GSR), D. Establish and maintain a fotball program that produces spectator interest as measured by altendance and revenue generated at home contess, TE, Seek to generate revenues from external sources that support and enhance the operating budget of football ‘and the ovealathlei program by, among other methods, being directly involved in a reasonable number of fundraising activitis FF. Represent the Univesity's Department of Intercolloyate Athletes 1 various community groups with respect to the football program and make speaking appearances at special events sponsored by CMU Athletics as reasonably determined by the Director. G, Subject to applicable University and Departmental policies and procedures, Univeesity and Departmental ‘budgetary gidelines and the prior review and ial spproval ofthe Director, the responsibility for making recommendations related to the hiting, discipline and termination of assistant coaches, the diector of foothall operations, and graduate assistants In adaition to the normal responsiblites of 2 head coach, Coach recognizes the importance of and agrees to assume reasonable responsibilities to support fundraising, increase student spt and lumi support for the program and the University. In addition, Coach shall perform media and fundraising obligations a reasonably assigned by the University in connection with the Team, as are stindard for NCAA Division I Football Bow! Subdivision head coaches; provided none ofthe dates set forth in this paragaph confit with Coach's primary responsibility in coaching the tam (1o include ‘conducting praties, engaging in eeniting efforts, preparing the team for upcoming game activtos, and other such similar positionspevfic duties). 3. Compensation, Forte period Desomber 2,018 to June 30,2019 University will pay Coach semi-monthly based upon ‘a welve (12) mooth base slay of four hundred thousand dollars ($400,000). For the period July 1, 2019 June 30, 2023, Coach wil receive in July at east the annual percentage increase for cot of living adjustment, i any, for PA ‘employees on his prior twelve (12) month salary. In aditon, Coach will ls be eligible for any additional compensation allowed in the P&A Tandbok. Inaddition, Coach may receive addtional compensation according to the following: A. If Coach itll an employee ofthe University charged with conducting the football program ater February 15, 2020, Cosch will receive a fifty thousand dollar ($50,000) retention payment. If Coach continues 10 be ‘employed and charged wih conducting the fothll program after February 15¥ ofeach subsequent year ofthe Contract, he will ecive «fly thousand dolla ($50,000) retention payment. Fach retention bonus wil be paid ‘none lump sum within thy (30) days oft being achieved. Each bonus wil nat bo a base salary inezease but Shall bes onetime payment 'B, IFCoach’s Team has a vicory aver team fom the ACC, Big 10, Big 12, SEC, or PAC 12, Coach will eceive sn additonal lump sum payment often thousand dela ($10,000), . IF Coach's Team wins more than a majority ofits games (which includes a post-season victory) during any season, Coach wil receive slump sum payment according (othe following schedule (not euruative). Only ‘one payment will be made, based on the tol number of wins achieved in any one season of thetic competition (osually August through carly January). Fora Twin seasc, seven thousand five hundred dollar (87,500); Fora Sin seascn, ten thousand dollars ($10,000) For a 9-win ease, twelve thousand five hundred dollars ($12,500), Fora 10-win season, fifteen thousand dollars ($15,000), ‘vin seaon, seventeen thousand five hundred dollars ($17,500); ‘vin Season, twenty thousand dellars ($20,000). neeege D. 1 Coach's Team s rua season champion ofthe Wes Division ofthe Mid-American Conference, Coach wll receive lump sum payment of twenty thousand dollars ($20,000) for tha year, if Team participates in he Tile Gane. E, IF Coach's Team wins the Mid-American Conference (*MAC") championship game, Coach will reeeive an ‘ekitonal lump sum payrent of twenty-five thousand dallas ($25,000) fr that year FF. If Cooch’s Team participates in a bowl gume, Coach will rseive an addtional lamp sum payment of twenty ‘ousand dollars ($20,000) for that yer. 1f.Cosch’s Team wins a byw game, Coach will ceive an additonal lamp sum payment of oventyfve thousand dollars ($25,000) for that yea. 1 Coach's Team appears in th Fiesta Bow, Peach Bowl, Coton Bow, Orange Bow, Rose Bow, or Sugar ‘Bowl, Coach will receive an addtional lump sum payment of soventy-fve thousand dollars (75,000) for that eat ‘If Coach’s Team appear in the College Football Playoff game, Coach will receive an editonal lump som ‘payment of one hundred thousand dollars (100,00) for that year, If Coach’s Team achieves a season ending ranking inthe College Football Playa top 25, Coach will receive sn additional lamp sum payment of twenty thousand dollars ($20,000) fr that Year. f.Coach is selected as Mil-Amecian Conference Football Coach ofthe Year, Coach will receive an additonal ump sur payment of twenty-five thousand dollars ($25,00) for that yea. 1 Coach is selected Natcnal Coach ofthe Year by a Major Publication Coach will receive anaditonal lamp ‘sum payment of thiy-five thousand dollars (835,000, 1 football attendance forall home football games exceods an average (mathematical moan) of 20,000 persons othe football season as eported by the University’s game day internal audit, Coach will eceive an atonal {eathousand dollars ($10,000). Ifootall atlendance forall home footal games exceeds an average of 25,000 ‘persons for the football seon as reported by the University's game dy ineral audit, Coach wil reeive an ‘ulitional fifteen thousand ($15,000). 1f Coach reaches the higher incentive threshold for average attendance, hei only ended to that one payment of $15,000, and nota cumulative payment 1 Coach's Team has a NCAA single-year Annual Progress Rate (APR) above 950, Coach wil recive a fump sum payment of two thousand five hundred dollar ($2,800). If Coach's Team has @ NCAA single-year Annual Progress Rate (APR) above 965, Coach will seve a limp sum payment of sven thousand ive hundred dollars (67500). IfCoach’s Tear hasa NCAA single-year Annual Progress Rate (APR) above 985, Coach wil receive 8 lump sum payment of ten thowsend dolas ($10,000). If Coach reaches the higher incentive threshold for ‘APR, hei only entitled to that one payment of $10,000, and not a cumulative payment. 1.Coach’s Team has a cumulative grado point average tht falls into one ofthe ranges identified below, Coach will eeive a Tump sum ayment according tothe fllosving schedule. Only one payent wil be made, based ‘on cumulative Team grade point average. (Standard rounding rules apply) Beswoen 2.72.9, three thousand dollars ($3,000); ‘Between 28-285, five thousand dollars (85,000); [Between 29-295, seven thousand five hundred dollar ($7,500); or ‘0 and above, een thousand dollars ($15,000). ee ‘The term "Couch Team” shall mean that the Coach continues to be employed by the University and is actively performing the employment elated duties st forts n Paragraph 2 above. ‘These additonal payments will boone tine only and will not be added to Coach's twelve (12) month base salary. Each of the payments deseribed in 3.8 through 3.0 above is cumulative: that i, Coach may receive each of them as may be applicable in any given yea. Unless otherwise specified above, these addtional payments and any payment applicable ‘under paragraph 4 (below), sal be pid to Coach, less applicable taxes, no late than thst (30) days following the end of the Contact Year in which they werecared, 1.Coach is termite for Cause, hei not entitled to the additonal payments described in3.A through 3.0 above that have ‘been eared but ae nt yet du excep as provided under Paragraph 8 {Asa twelve-month PAA employee, Coach's appointment includes al ptiods when the University i open whether or not lasses ae in season, Coach wll accrue a vacation allowance of twenty (20) days per yea to be charged for those normal ‘work periods when not performing professional dates. ‘Coach shal alsa be ented tothe sme benefits provided to PAA employees based upon the above (12) month base salary ‘Benefits including retirement contritutions will not be paid onthe supplemental income described in paragraph 5 and paragraph 6 which wil be taxed aceardng 0 IRS regulations. Coach will receive benefits in accordance with the PRA, Handbook and CMU policies, which are subject o change from time ta ime. ‘The Univesity will contribute an amount equivalent to 10% of Coach's base sary, upto the annual compensation limit specified in Section 104(a) 17), into abasie 403(b) retirement plan, Onc Coach's earings reach the annual compensation limi, the university canna longer contribute toa 4030) aecoxnt. Coach may contribute oa supplemental 403(8) account andlor supplemental 457(6) account wt the annul deferral iti reached. Maxim limits for supplemental tax deferral plans can be found online at htps/wnvw.cmich edu/fu/hrDocuments/Maximuma.imisSRA.D 4, Outside Income. Coach must reqpest in writing and receive prior writen approval ffom the University President and Director forall athletically related income and benefits fom soures oursie the University, and such consent shall not be unreasonably withheld. or al icime or benefits not to exceed 1,000 per eventeonivact, Coach may request and ‘University President and Director may rant ether specific approval for each individual event/eonitat ora general approval If general approval i granted, athe end of the fiscal year on or before the I" day of Jue, pursuant to his contract, Coach will le a personal financial sttemen wth the University President and the Athletics Director. For all income or benefits in excass 0 $1,000 per eventfcniracy, specific approval for each one must be granted by the University President prior to scceptance by Coach, Such income may include, bt not be limited to, income and benefits ftom annuities; sports camps; housing benefits; club memberships complimentary’ ticket sles; television and radio programs; and endorsement ar ‘consultation contacts with atleti shoe, apparel or equipment manufacturers, 5. Addition ‘outlined below: Benefits. As port of Coach's employment with the Univesity, Coach is entitled to additional benefit as A. The University wll reimburse Coach in accordance with University policy and IRS regulations fr his actual costs of relocating (including temporty hosing, ete) up fo a maximum of Twenty Thousand Dollars ($20,000); and any reimbursement for addtional expenses shall be negotiable (in god faith), 1B, Inavcordance with University policy, a monthly cell phone allowance of seventy-five dolla (875.00) wil be added in equal installments o each paycheck during the course ofthe Contract year. Coach is responsible for covering the cost of all hardware and servis associated with his phone © Inorder to support Coaeh’s effort in recruiting exemplary assistant coaches, the University agrees to suppor the top 10 fulltime assistant coaches of tho Team ata teal eombined sary upto $1,020,000 per year (subject to annual increases pending conference and peer institution trends), it being understood that this suppor is separate and apart from compensation forthe ofr support stil, andthe like; Coach shall have the authority to employ, manage, Aliscipline and terminate all asistant coaches and other diret reports within the Fotball department, subject to collective bargaining agreements or handbooks, university policies, departmental guidelines and budgetary Timitation and in conjunetion vith Human Resources or Faculty Personnel Services D. The University agres in acordance with University potiey to: (A) reimburse Coach forall reasonable business expenses that are typically reimbursed to Division I Head Football Coaches (ie, travelteenitng, et.) and as eated within Coaches spor operating budget; and (B) cover the ordinary and necessary expenses ineumed by ‘sistant coaches and thee famdics in corection with their relocation tothe Univesity are a mutually agrecd upon {in good fait) EE, The University agrees to provide Coach with benefits which ae typically provide to other NCAA Division | Head Football Coaches, in accordance with University and department policies, including but not imited tor the right to enter into arrangement for endorsements that do not conflict with current University endorsements, camps, and metia and other opportunites for his own benefit; the use and possesion of an avlomoile throughout the Tema satisfactory number of home and away football game tickets to all regular land postseason contest; use ofa private stadium box forall home contests; membership privileges at a vate golf club; the ability for Conch’ spouse to trvel to all away contest in accordance with CMU's ‘Business Expense Manual 6, Televsion/adi/promotionsL sgpearances. University arranges for ceeain television, rio, and promotional appearances by Coach, Coach will b pid additional compensation as described in A. through E. below fr participation in television, radio, public and promitional appearances as directd by the Director. This aditional compensation is due ‘Coach in equal semi-monthly payments Tar the periods described below. ‘A. January 1, 2019 December 31,2019: One Hundred Ninety Thousand Dollars ($190,000). 'B. January 1,2020- December 3, 2020: ‘Two Hundred Fifteen Thousand Dollars ($215,000, © January 1, 2021 ~ December 31,2021: Two Hundred Forty Thousand Dollars ($240,000, D. January 1, 2022 - Deverber 31,2022: Two Hundred Sixty Five Thousand Dollars ($265,000). , January 1,2023 December 31,2023: ‘Two Hundred Ninety Thousand Dollars ($290,000). 7. Adidas, ‘The University recognzes Adidas as the sole provider of allaletic appael and equipment (including infatables, gloves, and shoes). Coachahal ensure the football program rans in ull eomplince with the Adidas contract, which requires all coaches and student-athletes to dres in Adidas apparel and equipment while representing the Univesity in NCAA athletic competition (eluding pre-season, regular season, and post-season games), during al athletic practices held on University property or at a fit locaton, and during al public appearances. Coach's will failure to ensure such compliance which results inthe failure of the Fotbll program 0 materially comply with the terms of the Adidas ‘contractor any subsequent provider ray lead fo disciplinary tetion against Coach up o and including termination, 8, Suspension and/or Termination. Coach may be suspended or terminated for Cause (as defined by Attachment A, which is incorporated into this Contract). Without limitation, the University agrees that the Team's winloss record shall not ‘be permitted wo bea factor in any’ termination ofthis Contract for Cause by the University. Termination for Cause shall include the immediate termination ofall salary payments and benefits not yet earned by Coach and which would be due ‘under the remaining term ofthis Conract. IF the Coach fired for Cause, the University will not be responsible for any ‘buyout or payment to coach heyond what gnranteed compensition Coach hid ame up ta the point oF motice oF tecmination ‘Coach i required to comply withthe policies, practices or regulations of University and the rules and regulations ofthe [NCAA and the Mid-American Conference as adopted and approved by University. Should Coach be found in violation of any ofthese, Coach shall also be subject to disciplinary of corrective action including those set forth in the provisions of the NCAA enforcement procedures, Such disciplinary or cortetive action could include suspension without pay for ® peti of time or terminstion ofthis employment contact if Coach is found to be involved in serious violations ofthese policies, practices, rules or regulations. For the avoidance of doubl, any such termination shall only be for “Cause” if ‘Coach's involvement meets the definiion of Cause se forth in Atachment A. Coach agroes thatthe University shall be permitted to terminate this Contract without Cause (a termination "Without Cause"), upon written notice to Coach, provided that the University pays Coach the sum detailed below (University's Buy-Out"), Universiys Buy-Out shall be payable in fll within sixty (60) days of said termination. In the event ofa termination of thi Contract by the University Without Cause, the University agrees thatthe ‘eyment ofthe University’s Buy-Out shall be deemed liquidated damages (and not a penalty), a8 such damages ‘are dificult to presently and accuracly estimate. The University’s Buy-Out shall be calculated as of the date of termination Without Cause, as follows |A, Dee, 2, 2018 ~ Dee. 31, 2013: "Two Million Dollars ($2,000,000), BB. Jan, 1,2020~ Dee. 31,2020: One Millon Six Hundred Thousand Dollars ($1,600,000) ©. Jan, 1, 2021 —Dse. 31,2021: One Million Two Hundred Thousand Dollars ($1,200,000)

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