HomeMy WebLinkAboutDAVID ROBINSON
AGREEMENT
THIS AGREEMENT is made and entered into effective the 1st
day of, September 2005, by and between AUGUSTA, GEORGIA, acting
by and through the Augusta-Richmond County Commission (the
"County") and DAVID ROBINSON.
WIT N E SSE T H:
WHEREAS, the County has assumed operations of the Newman
Tennis Center (the "Center") located on Wrightsboro Road in
Augusta, Georgia, and is in need of a tennis professional to
provide tennis instruction at said Center; and
WHEREAS, DAVID ROBINSON is able and willing to provide said
services.
NOW, THEREFORE, in consideration of the mutual and
reciprocal promises and covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties, intending to be
legally bound, agree as follows:
1. SERVICES BY DAVID ROBINSON. DAVID ROBINSON hereby
agrees to provide services to the County as tennis professional
at the Center, under the terms and conditions set forth in this
Agreement.
2. DUTIES. DAVID ROBINSON agrees to perform the duties
outlined in Exhibit A attached to this Agreement and incorporated
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herein by reference, together with such other duties as may be
assigned by the Manager of the Center from time to time.
3. TERM. The term of this Agreement shall be for one
(1) year, beginning September 1, 2005 and continuing to August
31, 2005.
Unless sooner terminated, this Agreement may be
renewed for subsequent terms of one (1) year upon the mutual
agreement of both parties.
4. COMPENSATION.
a. Base compensation. Registration fee for seminars,
DAVID ROBINSON will receive a maximum of $250 per year towards
Membership in a Professional Organization.
b. Tennis lesson fees. DAVID ROBINSON shall also
receive as compensation eighty percent (80%) of the fees charged
for tennis lessons and camps provided by DAVID ROBINSON at the
Center, with the County retaining the remaining twenty percent
(20%) of said fees.
c.
Restringing fees.
DAVID ROBINSON shall also
receive as compensation all restringing fees (not to exceed $8.00
per racket) for restringing performed by DAVID ROBINSON. Any
restringing fees in excess of $8.00 per racket shall be retained
by the County.
d. Tournament Referee. DAVID ROBINSON shall serve as
tournament referee for specified tournaments held at Newman
Tennis Center. DAVID ROBINSON shall receive compensation of $110
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per day that the tournament is in operation.
5.
STATUS OF DAVID ROBINSON.
DAVID ROBINSON
acknowledges and agrees that he is an independent contractor with
the County, that he is not an employee of the County and that he
is not entitled to any privileges or benefits of emploYffient,
including without limitation coverage by the Fair Labor Standards
Act, unless specified within this Agreement. County acknowledges
and agrees that it cannot and shall not control the time, method
and/or manner of DAVID ROBINSON's performance of his duties. The
parties further acknowledge and agree that they are not joint
ventures or partners for any purpose.
6. RECORDS AND FILES. All business records and files
concerning the Center shall belong to and remain the property of
the County.
7.
INDEMNIFICATION.
DAVID ROBINSON shall indemnify and
hold harmless the County against all expenses (including without
limitation reasonable attorneys' fees), damages, judgments,
fines, and amounts paid in settlement actually and reasonably
incurred by the County as a result of acts or omissions of DAVID
ROBINSON, if and to the extent the DAVID ROBINSON's acts or
omissions constitute gross negligence, willful misconduct or
illegal conduct.
8.
QUALIFICATIONS.
DAVID ROBINSON warrants and
represents to the County that all of the information DAVID
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ROBINSON has furnished to the County regarding his emploYffient
with the County is true and correct and accurately describes
DAVID ROBINSON's qualifications, experience and background, and
that DAVID ROBINSON has provided no information which is
misleading nor has he failed to provide any information which
failure would make other information provided misleading.
9.
TERMINATION OF AGREEMENT.
DAVID ROBINSON may
terminate this Agreement upon thirty (30) days. written notice to
the County, and County may terminate this Agreement upon thirty
(30) days' written notice. During either said 30-day period,
DAVID ROBINSON shall continue to perform his duties and shall
continue to be paid according to the terms of this Agreement.
Following any notice of termination, DAVID ROBINSON shall
fully cooperate with the County in all matters relating to the
winding up of his pending work on behalf of the County, and the
orderly transfer of any such pending work to other contractors or
to employees of the County as may be designated by the
Commission.
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10. MISCELLANEOUS PROVISIONS.
a. The waiver by either party of a breach or
violation of any provision of this Agreement shall not operate or
be construed to be a waiver of any subsequent breach or
violation.
b. Any and all notices required or permitted to be
given under this Agreement shall be sufficiently provided if
furnished in writing and delivered personally or by certified
mail with return receipt requested to the following addresses:
For County:
F(c.J. ~vrccAl
GilQ];"ge IEolh--
Administrator
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
For DAVID ROBINSON:
c. This Agreement shall be interpreted and construed
according and subject to the laws of the State of Georgia.
d. The headings and names of sections of this
Agreement are for convenience only and shall in no manner be
construed as a part of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement effective as of the date first above written.
AUGUSTA, GEORGIA
by and throug the
Augusta-Rich ond County Commission
Jt! By:
ATTEST:
By:Jp~Vlfglj
Clerk of Co ission
Sworn to and subscribed
before me this ___ day of
,2005.
Notary Public
My Commission Expires:
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DAVID ROBINSON
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