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
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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
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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
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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 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
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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.
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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
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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{
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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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: ::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 ~
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E-X~IBI~ A
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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,