RECEIVED MAY 082024 pr.Packwg  ORGIRAL  Board of Commissioners Agenda Item Transmittal Form Procurement/Contract Transmittal Form Type ofcontract: 1-year Submission Information Contact Name: Jason Redmond Ext. 7257 Department: Parks and Recreation Project Title: Summer Concert Series  Multi-year Single Event (x)  Purchasing Use Only Contract #:  - Vendor Information Vendor Name: Erica Dawson Exclusive Address: P.0. Box 491797 Address: Atlanta, GA 30349 Email: ericadawsonexclusivegmal.com Contact: Laronda Zachary  Funding Account Number: 100-6110-523850-61 Wn Phone #: 770-634-4549  Contractamount: $4,500  Contract' Type: Goods 0 Services (x) Labor 0 Contract Action: New (x) Renewal 0 Change Order 0  Term of contract: Sunday June 30th, 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, andi itisi in compliance with the Purchasing Policies of Rockdale County.  Signature:  Date:  Date:  5k4   Arabet  The Parks and Recreation department requests approval of the attached contract Erica Dawson Exclusive This is permission for performance at the Rockin' Rockdale Summer Concert Series on! Sunday June 30th, 2024  aoRaNt Signature:  Date:  S/75034  944-244    BAND PERFORMANCE CONTRACT  This contract (the' "Agreement") is made on1 this day of May 74 24 between ROCKDALE COUNTY, GEORGIA, located at 962 Miistead Avenue, Conyers, Georgia 30012, a political subdivision of the State of Georgia, hereinafter referred to as the "County" and Erica Dawson Exclusive (the Band"), located at P.O. Box 491797 Atlanta, GA 30349, to engage the services of Band as independent contractors to perform (the' "Show") for County at Costley Mill Park Event Center [the' "Venue"),  located at the address 2599 Salem Church Road NE, Conyers, GA. 30013.  Itisagreed as follows:  1. Place, date, and time of Show. The parties agree that the time and place of Show willl be Costley Mill Park Event Center located at the address 2599 Salem Church Road NE, Conyers, GA. 30013, on the 30th 2. Description of Show. The show willl be a musical performance with musical content decided by Band. Thes show willl last a minimum of 120 minutes. All services rendered hereunder will be performed by the Artist or their employees or subcontractors. All personnel engaged in work by the Artist shall be firmly qualified and shall be authorized and permitted under applicable state and local laws to perform suchs services as shalli the Artist. Services governed by this Agreement shall not be transferred, assigned, 3. Payment. Compensation fort the Show will be. $4,500 dollars, payable by check. A50% deposit of Feei is duet three weeks after the signing of this contract. This is a required condition fort the contract to proceed; ifa 50% deposit of Feei is not tendered upon the specific time oft this contract, no further obligation for either party comes due. The remaining 50% of Fee is due immediately prior to Band's 4. Cancellation. Iffull payment is not made by thet time immediately prior tol Band's Show, Show may be cancelled by Band, and County may not seek any damages. Cancellation may be madel by County before two days prior to thei time of Show, in which case County's 50% deposit of Fee is non-refundable, but County will not have to pay the remaining! 50% of Fee. If the Show is cancelled within 2 days of Show, County must payl Band's full Fee. Band may cancel at any time prior toi ticket sales by County, in which 5. Force Majeure. Int the event Show cannot reasonably be put on because of unpredictable occurrences such as an act of nature, government, ori illness/disability, of Band, the 50% deposit of Fee is non- refundable, but no other portion of Fee is due, and the parties may negotiate a substitute! Show ont the same terms as this Agreement save for thei time of Show, with no further deposit of Fee due, in which case a new Agreement reflecting this will bes signed by the parties. Noi further damages may be sought  day of June 2024, at! 5 pm.  ors subcontracted byt the Artist without prior written consent ofthe County  Show but may be made earlier.  case Band must refund Fee ini its entirety.  forf failure to perform because oft force majeure.  6. Food and Drink. County will provide Band with 10 bottles of water.  7. Parking. County will secure sufficient parking for Band's large cargo van within a reasonably convenient distance to' Venue for a minimum period of 21 hours prior tot the show and lasting until 1 hour  after the show.    8. Sound Systems Check. Asound check conducted by Band of Venue's sound system is required, ata 9. Security, Health, and Safety. County warrants that Venue willl be ofs sufficient size to safely conduct Show, that Venue is of stable construction and sufficiently protected from weather, and that there will be adequate security and/or emergency medical responders available iff foreseeably 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, its 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 result from any condition created or maintained by the Band or anyone employed byt thel Band or any of their officers, agents or employees, which condition does not specifyto 11. Severability. If any portion of Agreement conflicts with any applicable law, such portion willl become 12. Governing Law. This agreement shall be construed andi interpreted according to the provisions of 13. Rights to show. The artist hereby certifies, guarantees, and states he retains fulll legal rights and privileges to conduct the instant performances, free from any claims, assertions, and potential legal challenges. Artist further agrees to assume all liability associated with the performance, while holding 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 be in writing and signed by the party against whom The below-signed Band Representative warrants s/he has authority to enforceably: sign this agreement for the Band ini its entirety. The below signed County's Representative warrants s/he has authority to IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on1 the date and year first  time to be mutually arranged between Band and County.  be created or maintained by this Agreement.  inoperative, but all other portions of Agreement will remain in force.  the laws of the State of Georgia.  the County completely and comprehensively harmless from same.  enforcement is sought.  bind County and Venue (above). above written.  BAMDAEPAISEHIAIVENAME -Ohanl Sahg  ROCKDALE COUNTY, GEORGIA  By:  Osborn Nesbitt, Sr., Chairman    Attest:  Jennifer O. Rutledge, County Clerk  Approved as tot form:  M. Qader A. Baig, County Attorney