HomeMy WebLinkAboutRichard Hatfield
Augusta Richmond GA
DOCUMENT NAME: ~\crutO \-\Qt~dd
DOcUMENTTYPE:GKj(~
YEAR: C\q
BOX NUMBER: D~
FILE NUMBER:\L\35 \
NUMBER OF PAGES:
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EMPLOYMENT AGREEMENT - MANAGER
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THIS AGREEMENT is made and entered into effective the ~ 0"
of ~1999, by and between AUGUSTA, GEORGIA, acting by and
day
through the Augusta-Richmond County Commission (the "County") and
RICHARD HATFIELD ("Manager")
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.
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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.
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 the 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
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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: 0.0 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 activities 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. Manager1s 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 July I, 1999 and continuing
to June 30, 2000, unless sooner terminated as provided herein.
Notwithstanding 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
as provided in Section 12 of this Agreement.
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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 Two Thousand Five Hundred Ninety-Eight and nO/lOO
Dollars ($32,598.00), 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 Manager; any remainder of
said restringing fees to be retained by the County.
d. Tournament compensation. Manager shall also
receive $100.00 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 the Center; provided, however, that
this Subsection d. applies only to tournaments in which at least
eighty (80) players have registered to participate.
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e. Payment of compensation. Manager shall be
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.
Manager's 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.
Manager's 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- cla~m to overtime compensation under any conditions or
circumstances. Manager further acknowledges and agrees, however,
that he is not classified as a "department head" or "department
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
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Manager, including without limitation, health and life insurance,
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
th.e County. The County shall paYi 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
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such expense or, where appropriate and necessary, Manager shall
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 legal representation for
Manager in any claim or suit or action for which County would be
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required to indemnify Manager according to this paragraph.
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
i~ true and correct and accurat~ly 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 the County in all matters relating to the winding
up of his pending work on behalf of the County, and the orderly
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transfer of any such pending work to other employees of the
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 Procedures; 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 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 Greepe Street
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Augusta,'Georgia 30911
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.
AUGUSTA,
by and t
Augusta
By:
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Sworn to and subscribed
before me this ___ day of
, 1999.
Notary Public
My Commission Expires:
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AGREEMENT
THIS AGREEMENT is made and entered into effective the 1:1 ~
of ~99, by and between AUGUSTA, GEORGIA, acting by and
day
through the Augusta-Richmond County Commission (the "County") and
STEVE DORKIN (" Dorkin") .
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, Dorkin 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 DORKIN. Dorkin 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.
Dorkin 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 Dorkin work more or less than 1,040
hours per year.
3.
TERM.
The term of this Agreement shall be for one
(1) year, beginning July 1, 1999 and. continuing to June 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, Dorkin 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.
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b.
Tennis lesson fees. Dorkin shall also receive as
compensation eighty percent (80%) of the fees charged for tennis
lessons provided by Dorkin at the Center, with the County
retaining the remaining twenty percent (20%) of said fees.
c. Restringing fees. Dorkin shall also receive as
compensation all restringing fees (not to exceed $8.00 per
racket) for restringing performed by Dorkin. Any restringing
fees in excess of $8.00 per racket shall be retained by the
County.
d. Payment of compensation. Dorkin shall be
responsible for maintaining accounts of tennis lessons provided
by him at the Center, and for providing said accounting to County
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for the purposes of calculating the portion of Do~kin's
compensation relating to tennis lesson fees. Dorkin's
compensation shall be payable in equal biweekly installments.
5. STATUS OF DORKIN. Dorkin 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 Dorkin'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. Dorkin 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
Dorkin, if and to the extent the Dorkin's acts or omissions
constitute gross negligence, willful misconduct or illegal
conduct.
8.
QUALIFICATIONS.
Dorkin warrants and represents to
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the County that all of the information Dorkin has furnished to
the County regarding his employment with the County is true and
correct and accurately describes Dorkin's qualifications,
experience and background, and that Dorkin 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. Dorkin may terminate this
Agreement upon forty-five ~ days' written notice to the
County, and County may terminate this Agreement upon forty-five
(45) days' written notice. During either said forty-five (45)day
period, Dorkin shall continue to perform his duties and shall
continue to be paid according to the terms of this Agreement.
Following any notice of termination, Dorkin 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
given under this Agreement shall be sufficiently provided if
furnished in writing and delivered personally or by certified
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mail with return receipt requested to the following a~dresses:
For Augusta:
Charles R. Oliver
Administrator
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
For Dorkin:
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.
By:
commiS~
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A~S~ .
~L~~F COMM~
. ~IJL
STEVE DORKIN
Sworn to and subscribed
before me this day of
, 1999.
Notary.Public
My Commission Expires:
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