HomeMy WebLinkAboutThe County and Steve Darkin
Augusta Richmond GA
DOCUMENTNAME: Ire.. Counly, am S.f-c:vc 1::Xlrk.Jn
DOCUMENT TYPE: ~ rec-vneJllt-
YEAR: I qCf r
BOX NUMBER: 5
FILE NUMBER: ) 31) () /
NUMBER OF PAGES:
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AGREEMENT
~rHIS AGREEMENT is made and entered into effective the 1st
day of July, 1998, by and between AUGUSTA, GEORGIA, acting by and
throu9h the Augusta-Richmond County Commission (the "County") and
STEVE DORKIN ("Dorkin").
WIT N E SSE T H:
\lIHEREAS, the County has assumed operations of the Newman
Tennis Center (the "Center") located on Wrightsboro Road in
August,a, 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
servicHs to the County as a tennis professional at the Center,
under 1:he 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, 1998 and continuing to June 30, 1999.
Unless sooner terminated, this Agreement may be renewed for
subsequent terms of one (1) year upon the mutual agreement of
both parties.
~l . COMPENSATION.
a. Base compensation. For the performance of all
duties: assigned to him, Dorkin shall be paid base compensation of
Seven Thousand Five Hundred Dollars ($7,500.00), which represents
paymen.t of $7.50 per hour for 20 hours per week for the term of
this Agreement.
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
compen:;ation 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 Dorkin's
compensation relating to tennis lesson fees. Dorkin's
compensation shall be payable in equal biweekly installments.
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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
limitc'.tion coverage by the Fair Labor Standards Act. 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.
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INDEMNIFICATION.
Dorkin shall indemnify and hold
harmless the County against all expenses (including without
limitat:ion 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, wilful misconduct or illegal
conduct.
8.
QUALIFICATIONS.
Dorkin warrants and represents to
the County that all of the information Dorkin has furnished to
the Cou:l1ty regarding his employment with the County is true and
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correct and accurately describes Dorkin's qualifications,
experience and background, and that Dorkin has provided no
infor:mation which is misleading nor has he failed to provide any
information which failure would make other information provided
misleading.
!-. TERMINATION OF AGREEMENT. Dorkin may terminate this
Agreement upon sixty (60) days' written notice to the County, and
County may terminate this Agreement upon thirty (30) days'
writtem notice. During said 60-day or 30-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
transf,er of any such pending work to other contractors or to
emploYlees of the County as may be designated by the Commission.
11). MISCELLANEOUS PROVISIONS.
a. The waiver by either party of a breach or
violation of any provision of this Agreement shall not operate or
be cons:trued 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:
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For County:
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.
AUGUSTA, GEORGIA
by and through the
Augusta-Ri ond County Commission
By:
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Title: CL.e-f)~ l)~ (bmmtS6/br(
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Sworn t:o and sub~~bed
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