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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 1 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 2 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 3 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. 4 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. 5 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: ..-.~~/~ /,/(..,. / /. ~ /- .... // DAVID ROBINSON 6 ft5