RECEIVED) MAY 0 7 2024 prRunchany  ORIGINAL  Board ofCommissioners Agenda Item Transmittal Form Procurement/Contract Transmittal Form Type of contract: 1-year - Submission Information Contact Name: Jason Redmond Ext. 7257 Department: Parks and Recreation ProjectTitle: Summer ConcertSeries  Multi-year Single Event (x)  Purchasing Use Only Contract #:  D Vendor Information Vendor Name: Joseph Longo Address: 131 Harrington Lane Address: Lawrenceville, GA30046 Email:j ceemilsnopeslaw.com Contact: Joseph Longo  Funding Account Number: 100-6110-523850-61 32 Phone #: 770-513-8150  Contract amount: $3,500  Contract Type: Goods 0 Services (x) Labor 0 Contract Action: New (x) Renewal 0 Change Order 0  Term of contract: Sunday July 28, 2024  Original Contract Number: approved for processing. Signature: Summary:  Finance Director: Signature Ihave reviewed the attached contract, andt the amount is  Procurement Officer Signature Ihave reviewed the attached contract, andi iti is in compliance with thel Purchasing Policies of Rockdale County.  Signature:  Date:  Date:  514124  natee  The Parks and Recreation department requests approval of the attached contract. Joseph Longo This is permission for performance at the Rockin' Rockdale Summer Concert Series on Sunday. July 28, 2024  ep'rtment Head/Elected Official Signature:  Date:  5/7/8024  pueak    BAND PERFORMANCE CONTRACT  This contract (the' "Agreement") is made on this 6th day of May, 2024,between ROCKDALE COUNTY, GEORGIA, located at 962 Milstead Avenue, Conyers, Georgia 30012, a political subdivision of the State of Georgia, hereinafter referred to ast the' "County" and Joseph Longo (the' "Band"), located at. 131 Harrington Lane Lawrenceville, Ga 30046, 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.  Iti is agreed as follows:  1. Place, date, and time of Show. The parties agree that the time and place of Show will be Costley Mill Park Event Center located at the address! 2599 Salem Church Road NE, Conyers, GA. 30013, on the 28th 2. Description of Show. Show will be a musical performance with musical content decided by Band. Show willl last a minimum of 120 minutes consisting or two 45 minute sets from beginning at! 5:001 to 5:45 and from 6:151 to 7:00 with a 30 minute break between the two sets. Alls services rendered hereunder will be performed by the Artist or theire employees or subcontractors. All personnel engaged inv work by the 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 not bet transferred, assigned or subcontracted by the Artist without prior written consent of the 3. Payment. Compensation for the Show will be. $3,500 dollars, payable by check. A! 50% deposit of Feei is due three weeks after the signing of this contract. This is a required condition for the contract to proceed; ifa5 50% deposit of Fee 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. If full payment is not made by the time immediately prior to Band's Show, Show may be cancelled by Band, and County may: not seek any damages. Cancellation may be made by County before two days prior to the 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. Ifs Show is cancelled within 2 days of Show, County must pay Band's full Fee. Band may cancel at any time prior to 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, or illiness/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 on the same terms as this Agreement save fort the time of Show, with no further deposit of Fee due, in which case a newi Agreement reflecting this will be signed by the parties. No further damages may be sought  day of July 2024, at! 5 pm.  County  Show but may be made earlier.  case Band must refund Fee in its entirety.  forf failure to perform because off force majeure.  6.F 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 2 hours prior to the show and lasting until 1 hour 8. Sound Systems Check. As sound check conducted by Band of Venue's sound system is required, ata 9. Security, Health, and Safety. County warrants that Venue will 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 toi 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 oft the Band's officers, agents and/or employees, and any and all claims which result from any condition created or maintained byt the Band or anyone employed byt thel Band or any oftheir officers, agents or employees, which condition does not specify to 11. Severability. Ifany portion of Agreement is in conflict with any applicablelaw, such portion will 12. Governing Law. This agreement: shall be construed and interpreted according to the provisions of 13. Rights tos show, Artist hereby certifies, guarantees, and states he retains full legal rightsa and privileges to conduct the instant performances, free from any claims, assertions, and potential legal challenges. Artist further agrees to assume any and 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 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 Bandi ini its entirety. The below signed County's Representative warrants s/he has authority to bind INI WITNESS WHEREOF, the parties have hereunto set their hands and seals on1 the date and year first  after the show.  time to be mutually arranged between Band and County.  be created or maintained by this Agreement.  become inoperative, but all other portions of Agreement will remain ini force.  thel laws ofi the State of Georgia.  holding the County completely and comprehensively harmless from same.  enforcement is sought.  County and' Venue (above). above written. [BAND/ R&B,Inc.] By:  ROCKDALE COUNTY, GEORGIA  By:  Joseph M. Longo Dak Representative for R&B, Inc.  Osborn Nesbitt, Sr., Chairman    Attest:  Jennifer 0. Rutledge, County Clerk  Approved as to form:  M. Qader A. Baig, County Attorney