HomeMy WebLinkAboutMichael A Moody
Augusta Richmond GA
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AGREEMENT
THIS AGREEMENT is made and entered into effective the 1st
day of May, 2001, by and between AUGUSTA, GEORGIA, acting by and
through the Augusta-Richmond County Commission (the "County") and
MICHAEL A. MOODY (!'MOODY")
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, Moody 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 MOODY. Moody hereby agrees to provide
services to the County as a tennis professional at the Center,
under the terms and conditions set forth in this Agreement.
2. DUTIES. Moody agrees to perform the duties outlined
in Exhibit A attached to this Agreement and incorporated herein
by reference, together with such other duties as may be assigned
by the Manager of the Center from time to time. To the extent
possible, said duties are to be performed over 20 hours of work
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during each week of the term of this Agreement; provided,
however, in no event shall Smith work more or less than 1,040
hours per year.
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TERM.
The term of this Agreement shall be for one
(1) year, beginning May 1, 2001 and continuing to April 30, 2002.
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. For the performance of all
duties assigned to him, Moody shall be paid base compensation of
Nine Thousand Dollars ($9,000.00), which represents payment of
$8.65 per hour for 20 hours per week for the term of this
Agreement.
b. Tennis lesson fees. Moody shall also receive as
compensation eighty percent (80%) of the fees charged for tennis
lessons and camps provided by Moody at the Center, with the
County retaining the remaining twenty percent (20%) of said fees.
c. Restringing fees. Moody shall also receive as
compensation all restringing fees (not to exceed $8.00 per
racket) for restringing performed by Moody. Any restringing
fees in excess of $8.00 per racket shall be retained by the
County.
d. Payment of compensation. Moody shall be
responsible for maintaining accounts of tennis
lessons provided by him at the Center, and for
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providing said accounting to County for the
purposes of calculating the portion of Moody's
compensation relating to tennis lesson fees.
Moody's compensation shall be payable in equal
biweekly installments.
5. STATUS OF Moody. Moody 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 employment, 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 Moody's performance of his duties. The parties further
acknowledge and agree that they are not joint venturers 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. Moody 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 Moody,
if and to the extent the Moody's acts or omissions constitute
gross negligence, wilful misconduct or illegal conduct.
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8.
QUALIFICATIONS.
Moody warrants and represents to
the County that all of the information Moody has furnished to the
County regarding his employment with the County is true and
correct and accurately describes Moody's qualifications,
experience and background, and that Moody 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.
Moody 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, Moody shall
continue to perform his duties and shall continue to be paid
according to the terms of this Agreement.
Following any notice of termination, Moody 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.
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
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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:
Walter C. Hornsby
(Interim) Administrator
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
For Moody:
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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.
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Clerk of Commission
Sworn to and su~~ribed
b fore me this day of
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otary Publ c
My Commission Expires:
NotIlr)' Pub&Ic. Rich~d County, (>"0/ :,;".
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