HomeMy WebLinkAboutNewman Tennis Center Tennis Professional
Augusta Richmond GA
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YEAR: C1 q
BOX NUMBER: 'l
FILE NUMBER: 1 ~ 5dW
NUMBER OF PAGES: lfI
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AGREEMENT
THIS AGREEMENT is made and entered into effective the 1st
day of December, 1999, by and between AUGUSTA, GEORGIA, acting by
and through the Augusta-Richmond County Commission (the "County")
and FLOYD SMITH ("Smith").
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, Smith 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 SMITH. Smith 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.
Smith 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
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possible, said duties are to be performed over 20 hours of work
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.
3.
TERM.
The term of this Agreement shall be for one
(1) year, beginning December 1, 1999 and continuing to November
30, 2000.
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, Smith 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. Smith shall also receive as
compensation eighty percent (80%) of the fees charged for tennis
lessons provided by Smith at the Center, with th~ County
retaining the remaining twenty percent (20%) of said fees.
c. Restringing fees. Smith shall also receive as
compensation all restringing fees (not to exceed $8.00 per
racket) for restringing performed by Smith. Any restringing
fees in excess of $8.00 per racket shall be retained by the
County.
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d. Payment of compensation. Smith shall be
responsible for maintaining accounts of tennis lessons provided
by him at the Center, and for providing said accounting to County
for the purposes of calculating the portion of Smith's
compensation relating to tennis lesson fees. Smith's
compensation shall be payable in equal biweekly installments.
5. ST~S OF S~TB. Smith 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 Smith'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.
Smith 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 Smith,
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if and to the extent the Smith's acts or omissions constitute
gross negligence, wilful misconduct or illegal conduct.
8.
QUALIFICATIONS.
Smith warrants and represents to
the County that all of the information Smith has furnished to the
County regarding his employment with the County is true and
correct and accurately describes Smith's qualifications,
experience and background, and that Smith 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.
Smith 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, Smith shall
continue to perform his duties and shall continue to be paid
according to the terms of this Agreement.
Following any notice of termination, Smith 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. MISCELLANEOOS PROVISIONS.
a. The waiver by either party of a breach or
violation of any provision of this Agreement shall not operate or
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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:
Charles R. Oliver
Administrator
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
For Smith:
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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 subscribed
before me this ___ day of
, 1998.
Notary Public
My Commission Expires:
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AUGUSTA,
by and h
August -
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