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HomeMy WebLinkAboutOffice of the Clerk of Commission Augusta Richmond GA DOCUMENT NAME: Ccn-tr<::.Lc1:. DOCUMENT TYPE: N\ en'\cY6..i\J ~hJ YEAR:C)~ BOX NUMBER: \ 1 FILE NUMBER: r (0520 NUMBER OF PAGES: q f ! Office of The Clerk of Commission , Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: FROM: Mr. Tom Beck, Director Augusta Recreation Lena J. Bonner, Clerk of Commission DATE: October 14, 2002 SUBJECT: Contract Please have the enclosed contract executed by Mr. Michael A. Moody, which was approve by the Augusta Commission on October 3, 2002. Retain a photocopy for your files and return the original to the Clerk's Office for the City's official file. Should you have any questions or need any additional information, please feel free to call. Thank you. Enclosure: Contract Office of The Clerk of Commission tena-J:-Bonner,-C:MC:- Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: 'FROM: Mr. Tom Beck, Director Augusta Recreation L~na J. Bonner, Clerk of Commission DATE: October 14, 2002 SUBJECT: Contract Please have the enclosed contract executed by Mr. Michael A. Moody, which was approve by the Augusta Commission on October 3, 2002. Retain a photocopy for your files and return the original to the Clerk's Office for the City's official file. Should you have any questions or need any additional information, please feel free to call. Thank you. Enclosure: Contract '----. AGREEMENT THIS AGREEMENT is made and entered into effective the 1st day of, September 2002, 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 1 -. .. >; 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 sh~ii'Moody work more or less ,than 1,040 hours per year. 3. TERM. The term of this Agreement shall be for one (1) year, beginning September 1, 2002 and continuing to August 31, 2003. Unless sooner terminated, th~s 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. Registration fee for seminars, Moody will receive a maximum of $250 per year towards registration fees for attending seminars or conferences that are related to expanding his knowledge of tennis coaching. 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 fe~s. Moody shall also receive as compensation all restringing fees (not to exceed $8.00 per 2 p-7 '; 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 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. 3 .' " .' ~ 7. INDEMNIFICATION. Moody shall indemnify and hold harmless the County against all expenses (including without limitation reasonable abtorneys' fees), damages, judgments, fines, and amounts paid in settlement actually and reasonably incu~red by the County as a result of acts or omissions of Moody, if and to the extent the Moody's acts or omissions constitute gros9 negligence, wilful misconduct or illegal conduct. 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 3D-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 4 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 mail with return receipt requested to the following addresses: For County: George Kolb Administrator Eighth Floor, Municipal Bldg (11) 530 Greene Street Augusta, Georgia 30911 For Moody: ~ufML ~9()IDc{ -~~t~~R-~~7 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. 5 ~ .. , . .. " ' r~ ':'- .Il.. . IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first above written. ~s~ . 1jfj ~ : ::r: 'DIY /TF7e) Clerk of Commission Sworn to and subscribed before me this ~ day of ,2002. Notary Public My Commission Expires: AUGUSTA, GEORGIA by and through the Augusta- hmond County fly' Commission ~ ..- . lit. 6 E-X~IBI~ A . .. -.. ;:; .. . N.T_C_HEAD-IEAGH-ll~~J;;:=-l?cRQ,E-ESSlQI~t-Ab=.lQB=D-E.SCRIP-TI-ON This salaried position is dedicated to the development of activities and the fiscal growth ofNe\'iman Tennis Center, Duties include but are not limited to: 1. Reports directly to the Director ofNTC. 2. Will work 20 hours per week in non-instructional duties at the tennis facility. Duties may include phone calls to members or lessons, working a front desk shift, or preparing the facility for up coming events. 3, To actively develop new lesson business from the conimunity. a) For NTC. b) For himself. c) For all assistant teaching professionals. 4. To develop new lesson programs for NTC, to meet the needs of the community, 5. To work with the Director in developing the teaching skills of any assistant teaching professionals: 6, To promote assistant teaching professionals lessons. 7, To participate in or direct 4 to 6 social programs annually, 8, Will be the T oumament Referee for all tournaments ualess an outside referee is hired. If an out side referee is hired you will act as hiS deputy referee or work in some other function during the tournament. 9, To handle prcscribeJ ami delegated' respollsibililie:, in a professional and expedient manner. 10, To turn in a prepared lesson report on the predetermined dates as set by the payroll office, 11, Will have a current professional teaching certificate (one of the top three certificate positions), 12, To be certified as a NTRP verifier, as an umpire, as a referee, and attend the annual GTA tournament directors workshop, 13, Will teach exclusively at NTC unless receiving prior approval from the Director, 14, Will be the principle racquet stringer and is responsible for the maintenance of the stringing machine and tracking inventory, 15, Will be the number 2 person on the Security System. The Security service will call you if the Manager is not av ailab Ie. 16, Other duties as assigned. COIvlPENSA nON Lesson reports and stringing reports will be turned in every two weeks, and paid by the City of Augusta Compensation for tournament duties and stipend will be made at the same time as lesson reports, All Instructors are responsible for their own ta\:es,