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HomeMy WebLinkAboutEmployment Agreement (2) Augusta Richmond GA DOCUMENT NAME: ~rY\ f\D~~ex\~ A~Y-e~\Y\.~_:X\-\- DOCUMENT TYPE: ^3I-ee"", e..'l\ -\- YEAR: 1-DD \ BOX NUMBER: \ 0 FILE NUMBER: \ 5 5 ~19 NUMBER OF PAGES: CJ 1 .. ;, EMPLOYMENT AGREEMENT - MANAGER THIS AGREEMENT is made and entered into effective the 20th day of August, 2001, by and between AUGUSTA, GEORGIA, . acting by and through the Augusta-Richmond County Commission (the "County") and RICHARD HATFIELD (lIManager"). 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 manager to direct the operations of the Center; and WHEREAS, Manager is able and willing to provide said services. NOW, THEREFORE, in consideration. of the mutual and reciprocal promises and cqvenants 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. EMPLOYMENT BY COUNTY. The County hereby employs Manager, and Manager hereby accepts employment by the County, under the terms and conditions set forth in this Agreement. 2. DUTIES. Manager~agrees to perform all duties assigned to'him by the County as the Manager of th~ Center. Duties of Manager shall include, but not be limited to, those duties listed on Exhibit A, attached hereto and incorporated herein by reference, together with such other duties as may be assigned by 1 the County from time to time. 3. PERFORMANCE. Manager agrees to devote all necessary time and his best efforts in the performance of his duties in accordance with the highest ethical standards. Manager shall maintain office hours during normal hours of operation of the Center, which shall be as follows: Monday through Saturday: 8:30 a.m. - 10:00 p.m. Sunday: 9:00 a.m. - 8:00 p.m. Manager shall be available to carry out his duties twenty- four hours a day, seven days a week if necessary. 4. OUTSIDE ACTIVITIES. Any fee or honorarium received by Manager for activi'ties performed by Manager which in any manner may be connected with the business of the Center shall be paid to the County unless otherwise specified herein. Manager's ability to perform outside employment shall be subject to approval of a request for permission submitted to the Augusta-Richmond County Administrator (the "Administrator"). 5. TERM. The term of employment under this Agreement shall be for one ~(1) year, beginning August 20, 2001 and continuing to August 19, 2002, unless sooner terminated as provided herein, Notwithstandlng anything to the contrary in this Agreement, it is expressly understood and agreed that Manager serves at the pleasure of the Commission and may be terminated by the Commission at will, with forty-five (45) days' notice to Manager 2 as provided in Section 12 of this Agreement. Unless sooner terminated, this Agreement may be renewed for subsequent terms of one (1) year upon the mutual agreement of both parties. 6. COMPENSATION. a. Base salary. For the performance of all duties assigned to Manager, Manager shall be paid a base annual salary of Thirty Seven Thousand Thirty Seven and nO/100 Dollars ($37,037.00), payable biweekly and at the same times as other employees of Augusta-Richmond County. b. Tennis lesson fees. Manager shall also receive as compensation eighty percent (80%) of the fees charged for tennis lessons provided by Manager at the Center, with the County retaining the remaining twenty percent (20%) of said fees. c. Restringing fees. Manager shall also receive as compensation all restringing fees (not to exceed $8.00 per racket) for restringing performed by Managerj any remainder of said restringing fees to be retained by the County. d. Tournament compensation. Manager shall also receive $125.00 per day for services rendered in connection with weekend (Saturday and/or Sunday) tournaments held at the Center, and $50.00 per day for services rendered in connection with weekday tournaments held at theCenterj provided, however, that this Subsection d. applies only to tournaments in which at'least eighty (80) players have registered to participate. e. Payment of compensation. Manager shall be 3 responsible for maintaining accounts of tennis lessons and restringing fees provided by him at the Center, and for providing said accounting to County for the purposes of calculating the portion of Manager's compensation relating to tennis lesson fees. Manager1s salary shall be payable in equal biweekly installments, such payments to be made at the same time as similar payments are made to employees of the County. Payments of salary when less than a full installment is due shall be in a prorated amount. Manager1s salary payments shall be subject to such payroll deductions as income tax, withholding and other matters as required by law. 7. STATUS OF MANAGER. Manager acknowledges and agrees that his relationship with the County and the Commission is one of contract, and that the parties are not joint venturers or partners for any purpose. Manager further acknowledges and agrees that he is responsible for the day-to-day operation and management of the Center, and, as such, is classified as a salaried-exempt employee under the Fair Labor Standards Act, with no claim to overtime compensation under any conditions or circumstances. Manager further acknowledges and agrees, however, that he is not classified as a "department head'" or IIdepartment director" of the County. 8. BENEFITS. Manager shall be entitled to receive and participate in all benefits available to employees of Augusta- Richmond County working in positions comparable to that of Manager, including without limitation, health and life insurance, 4 retirement, annual leave, and sick leave. 9 . WORKING FACILITIES AND EXPENSES. Manager shall be provided an office within the Center, support staff (clerical, pro shop, grounds, and maintenance personnel) and such other facilities, equipment, supplies and services necessary for the performance of his duties, all as determined in the discretion of the County. The County shall pay, or cause to be paid, all dues of Manager in any of the following job-related professional or civic associations to which he may belong, to wit: # United States Professional Tennis Association (USPTA) # United States Tennis Association (USTA) # United States Professional Tennis Registry (USPTR) and such other associations as may hereafter be approved by the Administrator; provided, however, that such payments shall not exceed a total of $500.00 per year. It is anticipated that Manager, from time to time, may incur reasonable expenses for promoting the Center, and expenses for continuing education, and other activities associated with Manager's position and duties as an employee of the County, and for travel and similar items. The cost of such activities (including, as authorized, travel,tuition, registration, food and lodging) shall be paid by the County if the Administrator determines that such expense should be authorized as an expense of the.County. Should such authorization occur,. County shall pay such expense or, where appropriate and necessary, Manager shall 5 be reimbursed therefor upon presentation to the Administrator of an itemized expense voucher. Any expenses not approved by the Administrator shall not be paid or reimbursed by County. 10. RECORDS AND FILES. All business records and files concerning the Center shall belong to and remain the property of the County. 11. INDEMNIFICATION. Manager 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 Manager, if and to the extent the Manager's acts or omissions constitute gross negligence, wilful misconduct or illegal conduct (unless Manager had no reasonable cause to believe his conduct was unlawful) . To the extent permitted by law, the County shall indemnify Manager if and to the extent Manager is made a party to any proceeding by reason of the fact that Manager is or was an employee of the County, or serving at the request of the County, against all expenses, damages, . judgments, fines, and amounts paid in settlement actually and reasonably incurred by Manager, if Manager acted in a manner he believed in good faith to be in or not opposed to the best interests of the County, and County shall, at its sole option,'. provide legai representation for Manager in any claim or suit or action for which County would be required to indemnify Manager according to this paragraph. 6 County shall have no obligation to indemnify, hold harmless or represent Manager with regard to alleged illegal conduct by Manager. 12. QUALIFICATIONS OF MANAGER. Manager warrants and represents to the County that all of the information Manager has furnished to the County regarding his employment with the County is true and correct and accurately describes Manager's qualifications, experience and background, and that Manager has provided no information which is misleading nor has he failed to provide any information which failure would make other information provided misleading. 13. TERMINATION OF EMPLOYMENT. Manager may terminate this Agreement for any reason upon sixty (60) days. written notice to the County, and County may terminate this Agreement, for any reason upon forty-five (45) days' written notice. During said 60-day or 45-day period, Manager shall continue to perform his duties and shall continue to be paid according to the terms of this Agreement. So long as the County's termination of Manager is not for cause; then together with the final payment of salary, Manager shall also receive payment for any accrued but unused annual leave, to the same extent as other employees of the County. Following any notice of termination, Manager shall fully cooperate with th~ 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 employees of the 7 County as may be designated by the Commission. 14. AUGUSTA-RICHMOND COUNTY COMMISSION PERSONNEL POLICIES AND PROCEDURES. Manager acknowledges and agrees that he is covered by the Augusta-Richmond County Commission Personnel policies and proceduresj provided, however, that in the event of a conflict between said Policies and Procedures and this Agreement, the terms and conditions of this Agreement shall control. Manager further specifically acknowledges and agrees that termination of his employment pursuant to Section 12 of this Agreement shall be a contractual matter, such that the grievance and appeal procedures of the Personnel policies and Procedures shall not apply to, nor be available to, Manager. 15. 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 permitte<:l 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: George R. Kolb Administrator Eighth Floor, Municipal Bldg (11) 530 Greene Street Augusta, Georgia 30911 8 I . .. " For Manager: 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first above written. ~f CLERK OF COMMISSION AUGUSTA, GEORGIA by and through the AuguS~02j ={ commiSSiotef MAYOR Sworn to and subscribed before me this day of ,2001. Notary Public My Commission Expires: :i 9