Loading...
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: -- j . 1 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 1 '. I 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 2 '. 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. I- .) . 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. 7,. 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 3 ". .~ 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: 4 . . ". . I..: ~~ 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: Tit 7t1~ : . '"y;t::-~ Title: CL.e-f)~ l)~ (bmmtS6/br( S:Y;:IU crJL Sworn t:o and sub~~bed ~~me thi~~ay of ~~ My ComTIliss:lo~ Expires: Sr-2f/ Y / 5