RBCEIVED MAY,1.7-2024 BY:. lurby GNAL Board of Commissioners Agenda Item Transmittal Form Procurement/ContractTransmital Form Type of contract: 1-year Multi-year Single Event (x) Purchasing Use Only Contract #: - Submission Information Contact Name: Jason Redmond Ext. 7257 Department: Parks and Recreation Project Title: Summer ConcertSeries Vendor Information Vendor Name: Gritz &J Jelly Butter Address: 3460 Eagle Rise Address: Lithonia GA: 30094 Email: angela@gritzandjellybutter.com Funding Account Number: 100-6110-523850-61 9 Phone #:818-836-4814 Contact: Angela Mccoy Contract amount: $3,000 ContractType: Goods 0 Services (x) Labor 0 ContractAction: New (x) Renewal 0 Change Order 0 Term ofcontract:: Sunday, August25e,: 2024 Original Contract Number: approved for processing. Signature: Summary: Finance Director Signature Ihave reviewed the attached contract, and the amount is Procurement Officer Signature Ihave reviewed the attached contract, and itis in compliance with the Purchasing Policies of Rockdale County. pufhekote 5729244 Date: Signatures Date: The Parksa and Recreation department requests approval of the attached contract Gritz &. Jelly Butter This is permission for performance at the Summer Concert Series Sunday, August 25th, 2024 Signature: Date: - / s/7/s094 902-963 BAND PERFORMANCE CONTRACT This contract (the' Agreement") Is made on this day of 6 between ROCKDALE COUNTY, GEORGIA, located at 962 Milstead. Avenue, Conyers, Georgia 30012,ap political subdivision of the! State of Georgia, hereinafter referred to ast the' "County" and Gritz &. Jelly Butter (the' "Band"), located at 3460 Eagle Rise Lithonia, GA: 30094, to engage the services of Band asi independent contractors to perform (the "Show") for County at Costley Mill Park (the' "Venue"), located at the address 2599 Salem Church Road NE, Conyers, GA. 30013. It is agreed as follows: 1. Place, date, and time of Show. The parties agree that thet time and place oft the Show will be Costley Mill Park Event Center located at the address 2599: Salem Church Road NE, Conyers, GA. 30013, on the 2. Description of Show, The show will be ar musical performance with musical content decided by Band. The show willl last a minimum of 120 minutes. All: services rendered hereunder willl be performed by the Artist or their employees or subcontractors. All personnel engaged In work byt thé Artist shall be firmly qualified and: shall be authorized and permitted under applicable state and local laws to perform such services as shall the Artist. Services governed by this Agreement shall noti bet transferred, assigned, 3. Payment. Compensation for the Show will be. $3,000 dollars, payable by check. A! 50% deposit of Fee is duei three weeks after the signing of this contract. This is a required condition for the contract to proceed; ifa 50% deposit of Fee is not tendered upon the specific time ofi this contraçt, no further obligation fore either party comes due. The remaining 50% of Fee is due immediately prior to Band's 4. Cancellation. Iffull payment is not made by the time immediately prior tol Band's Show, Show may be cancelled by Band, and County may nots seek any damages. Cancellation may be made by County before two days prior to thei time of Show, in which case County's! 50% deposit of Fee is non-refundable, but Countywillr not havet to pay the remaining 50% of Fee. Ift the Showi is cancelled within 2 days oft the Show, County must pay Band's full Fee. Band may cancel at any time prior to ticket sales by County, in 5. Forcei Majeure. Int the event Show cannotreasonably be put on because of unpredictable occurrences such as an act of nature, government, or iliness/disability of Band, the! 50% deposit of Feei is non- refundable, but no other portion of Feei is due, and the parties may negotiate as substitute. Show on the same terms as this Agreement. save for thei time of Show, with noi further deposit of Fee due, in which case a new Agreement reflecting this willl be signed by the parties. Not further damages may bes sought 25th day of August 2024, at 5 pm. ors subcontracted byt the Artist without prior written consent of the County Show! but may be made earlier. which case Band must refund Fee in its entirety. fort failure to perform because of force majeure. 6. Food and! Drink. County will provide Band with 101 bottles of water. 7.Parking. County will secure sufficient parking for Band's large cargo van within ar réasonably convenient distance to' Venue fora a minimum period of 2 hours priort to the show and lasting until 1 hour after the show. 8. Sound! Systems Check. A sound check conducted by Band of Venue's sound: system js required, ata 9. Security, Health, and Safety. County warrants that Venue will be ofs sufficient sizet to safely conduct Show, that Venue is ofs stable construction and: sufficiently protected from weather, and that there will be adequate security and/or emergency medical responders available ift foreseeablyr necessary. County maintains sufficient personal injury/property insurance for Venue sufficient to cover foreseeable claims. 10. Indemnification. The Band agrees to indemnify and hold harmless the County, itsi officers, agents, and employees, from any and all claims against the County, its officers, agents and employees, which arise out of any act or omission of the Band or any of the Band's officers, agents and/or employees, and any and all claims which resuit from any condition created or maintained by the Band or anyone employed by the Band or any oft their officers, agents or employees, which condition does not specify to 11. Severability. Ifa any portion of Agreement conflicts with any applicable law, such portion will become 12. Governing Law. This agreement shall be construed and interpreted according to the provisions of 13. Rights to show. The artist hereby certifies, guarantees, and states he retains full! legal rights and privileges to conduct thei instant performances, free from any claims, assertions, and potential legal challenges. The artist further agrees to assume all liability associated with the performance, while 14. Riders. Nothing in Agreement shall prevent any rider from being added to Agreement that is favorable to Band, as judged by Band. All riders must bei iny writing and signed by the party against whom The below-signed Band Representative warrants s/he has authority to enforceably signt this agreement for the Bandi ini its entirety. The below signed County's Representative warrants s/he has authorityto IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date and year first timet to ber mutually arranged between Band and County. be created or maintained by this Agreement. inoperative, but all other portions of Agreement will remain in force. thel laws of the! State of Georgia. holding the County completely and comprehensively harmless from same. enforcement is sought. bind County and' Venue (above). above written. BAND/REPRESENTATVE NAME] -hpa ROCKDALE COUNTY, GEORGIA 4on By: Osborn Nesbitt, Sr., Chairman Attest: JenniferC O.R Rutledge, County Clerk Approved as to form: M. Qader A. Baig, County Attorney