Board of Commissioners Agenda Item Transmittal Form 1. - Procurement/Contract Transmittal Form Type of Contract: Single Event CC Use Only Contract #: Submission Information: Vendor Information: Contact Name: Vendor Name: Gerard Gunther Tahira Wilson, Deputy Director Department: Address: 949 Briarcliff Road Atlanta, GA 30306 Parks & Recreation Project Title: Email: rodgunther@me.com Summer Concert Series Phone #: 404-449-3702 Budgeted: Yes Contact: Gerard Gunther Funding Account Number: 100-6110-523850-61 Term of Contract: Sunday July, 27 2025 Contract Amount: $5,000 Contract Type: Services Contract Action: New Original Contract Number: Notes and Comments: The Parks and Recreation Department requests approval of the attached contract with Gerard Gunther. This agreement grants permission for the band to perform at the Summer Concert Series on Sunday July, 27 2025. Par2k Contrct No. 2025- BAND) FERFORMANCE CONTRACE This contract (the Agreement")i is made on 2025, between ROCKDALE COUNTY, GEORGIA, located st 962 Milstead Avenue, Conyers, Georgia 30012, a political subdivision of the Stato of Georgia, hereinafter referred to aS the "County" and Gerard Gunther (the "Band"), located at 949 Briardiftl Road Atlanta GA 30306 to engage the serviecs ofBand as indopendent contractois to perform (the "Show") for the Coumty at The Lawn Wheeler Park (the "Venue"), located at the address 1400 Parker Raad Conyers, GA 30094- ITI IS AGREED AS FOLLOWS: 1. Place, date, and time ef Show, The parties agree that the time and place of Show will be The Lawn @ Wheeler Park, located at the address 1400 Parker Road Conyers. GA 30094. on the 27th day of July 2025 at 5 pr. 2. Description of Show. The show will be a musical performance with musical comtent decided by Band. Show will last a minimum of 120 minutes. All services rendered hereunder will be performed by the Artist QF their employees ar smubcontractors. All personnel engaged in work by the Artist shall bai firmly qualified and shall be authorized and permitted uader applicable state and local lawsto perform such services as shall the Artist. Services govemed by this Agreement shall not be transferred, assigned, OE subcuntracted by the Artist without prior written consent ofthe County. 3. Payment. Compensation for the Show wwill be $5,000dollars, payable by check. A 50% deposit oft Fee is due three (3) weeks after the signing of this contract. This is a required condition for the contract to proceed; if a 50% deposit of Feo is not tendered upon the time of this contract, no further obligation for either party cOmes due. Theremaining 50% specific of Fee is due immediately prior to Bard's Show, but may be made earlier. 4. Cancellation. If full payment is not made by the timeimmediately prior to Band's Show, Show may be cancelled by Band, and County ay not seek any damages. Cancellation may be made by County before wo days prior to the time of Show, in which case County's 50% deposit of Fee is non-refundable, but County will not have 10 pay the remaining 50% of Fee. H the Show is cancelled within two (2) days of Show, County must pay Band's full Fee. Band cançel at any time prior to ticket sales by County. in which case Band must refund Fee in its may entirety 5. Foree Majeare. In the event Show cannot reasonably be put on because of unpredictable occurrences such as an act ofs nature, government, or illness/disability of Band, the 50% deposit of Foe is non- refundable, but no other portion of Fee is due, and the parties may negotiate a substitute Show OE the Samg terms as this Agrecment save for the time BO with further deposit of Fee due, in which pase a new Agreement reflecting this will ofShow, be signed by the parties. No further damages may be sought for failure to perform because of force majeure. Contect No. 2025- 6. Food and Drink. County will provide Band with Ben (10) bottlcs of water. 7, Parking. County will BOCNIFO sufficient parkiag for Band's large cargo van withia & reasonably convenient distance to Venue for a minimum pariod of two (2) hours prior to the show and lasting umtil one (1) hour after tho show. 8. Sound Systens Check. A sond check conducted by Band ofVenue's sound system is required, at a time to be mutually arranged between Band and County. THE COUNTY WILL NOT PROVIDE A SOUND SYSTEM, THE BAND MUST PROVIDE SOUND SYSTEM FOR PERFORMANCE 9. Security, Health, and Safety. County waants that Venuo will be of sufficient size lo sufely conduct Show, that Veme is of stable construction and sufficiently protected from weather, and that there will be adequate security and/or emergency medical responders available if forescéably necessary. County maintains sufficient personal injury/property insurance for Veme sufficient to coverforesecable: claims. 10. Indemnification, The Band agrees to indemnify and hold harmloss tho County, its ofticers, agents, and employees, from any and ali dlaims against the County, its officers, agents and amployees, which arise OIE of any act or omission of the Band or any oft the Band's offièers, agents and/or employees, and any and all claims which rosult from any condition Crented ar maistained by the Band or anyone employed by the Band or any of their officers, agents OF employees, which condition does not specify to be crented or maintained by this Agrecment 11. Severability. If any portion of Agreement is in conflict wwith any applicable law, such portion will become inoperative, but all other portions of Agreemont will remain in force. 12. Goverming EAW. This agreement shall be construed ad interpreted sccording t0 the previsiens of the laws of the Seate of Geergia. 13. Rights to show. The artist hereby cartifies, guarantees, and Slates he retains full legal rights and privileges to conduct the instant performançes, free from any clains, assertions, and potential legal challenges. The artist further agrees to assumo all liability associated with the performance, while holding the County completely and comprehensively harmless from sAng. 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 bein writing and signed by the party against whom enforcement is sought. The below-signed Band Representative warrants she/he has authority to entorceably sign this agreement for Band in its entirety. The below signed County's Representative warrants she/be has authority to bind County and Venue (above). Comtract No. 2025- SIGNATURE SECTION FOLLOWS ON NEXT PAGE IN WITNESS WHEREOF, the parties have hereunto set their hunds and seals oT the date and year first above written. Genard Gunther ROCKDALE COUNTY, GEORGIA Insert Band Nane. Above By: - By: Signature of Band Representative JaNice Van Ness, Chair & CEO Gorard Gunther Name/Title of Band Representative (Typed or Printed) Attest: Jenniler 0. Rutledge, County Clerk Approved as to form: M. Qader A. Baig, County Attomey