Board of Commissioners Agenda Item Transmittal Form Procurement/Contract Transmittal Form GRORGIP Type of Contract: 1 Year CC Use Only Contract #: Submission Information: Vendor Information: Contact Name: Vendor Name: City of Conyers Andrew Hammer, Director of General Services Department: Address: 910 O'Kelly St General Services Project Title: Email: branfix@conyersgagow City of Conyers Wheeler Splash Pad Joint Agreement Phone #: 770-785-3704 $50,000 contribution Contact: Brian Frix Budgeted: Yes Funding Account Number: Term of Contract: See contract NA Contract Amount: $50,000 Revenue Contract Type: Services Contract Action: New Original Contract Number: Notes and Comments: In order to bring additional recreation facilities to the citizens of Rockdale County and the City of Conyers, this agreement between Rockdale County and the City of Conyers outlines the terms and conditions for the joint funding of the construction of the new Splash Pad to be located at the south side of Wheeler Park at 1400 Parker Rd. The City has committed funding in the amount of $50,000 toward construction with the County maintaining overall responsibility for construction and maintenance as more fully described in the attached contract. The Departments of Parks and Recreation and General Services recommend approval. 325 aoa5 a Board of Commissioners CorL Agenda Item Transmittal Form Procurement/Contract Transmittal Form Revised 1/17/25 Type of contract: 1yearD Multi-yearD Single Event D Contract #: BOCApproval Date: Submission Information Vendor Information Contact Name: Andrew Hammer x7268 Vendor Name: City of Conyers Department: General Services Address: 901 O'Kelly St Address: Conyers, GA 30012 Project Title: City/County Wheeler Splash Pad Email: brim.fix@onyersggoy Funding Account Number: NA Phone #: 770-785-3704 Contract amount: $50,000 Revenue Contact: Brian Frix Budgeted (X) Not Budgeted C) Contract Type: Goods 0 Services (X) Grant 0 Term of contract: See contract terms. Contract. Action: New (X) Renewal 0) Change Order 0 Original Contract Number: ChiefFinancal Officer Senior Procurement Manager Signature Ihave reviewed the attached contract, and the amount is Ihave reviewed the attached contract, andi it is in compliance approved for processing, with Purchasing Policies of Rockdale County. Signature: Date: Signature: Date: Detalled Summary of Contract In orderto bring additional recreation facilities to the citizens of Rockdale County and the City of Conyers, this agreement between Rockdale County and the City of Conyers outlines the terms and conditions for thej joint funding of the construction ofthe new Splash Pad to be located at the south side of Wheeler Park at 1400 Parker Rd, The City has commited funding in the amount of $50,000 toward construction with the County, maintaining overall résponsibility for: construction and maintenance as more fully described in the attached contract. The Departments of Parks and Recreation and General Services recommend. approval. Departmpsfgdledad Official Signature: Date: 6hn25 CONTRACT FOR SPLASH PAD AT WHEELER PARK This Contract for a Splash Pad at Wheeler Park (hereinafter "Contract") is made and entered into as of the day of 2025 (hereinafter "Commencement Date") by and between THE CITY OF CONYERS, GEORGIA, a municipal corporation chartered and existing under the laws of the State of Georgia acting by and through its Mayor and Council (hereinafter "City") and ROCKDALE COUNTY, a political subdivision of the State of Georgia acting by and through its Chairman and Board of Commissioners (hereinafter "County"). WHERLAS, the County is in the process of constructing a splash pad at Wheeler Park, which is located within the corporate limits of the City. The splash pad is shown on Exhibit A, which is incorporated by reference as iffully set forth herein (hereinafter Splash Pad"); and WHERLAS, the City desires to contribute to the costs associated with the construction of the Splash Pad, NOW, HEREFORE, for and in consideration of the mutual covenants and promises contained herein, and any other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Contract hereby agree as follows: I. COUNTY RESPONSIBILITIES A. The County will engage a splash pad contractor to complete the Splash Pad project. B. The County will obtain all necessary permits related to the construction of the Splash Pad. C. The County will provide all erosion control measures for the Splash Pad, per erosion control standard BMPS as necessary within the extents of the Wheeler Park property. D, The County will bid the project in compliance with all pertinent, local, federal, and state guidelines. E. Within ten (10) business days after the Board of Commissioners approves a contract with a General Contractor for the Splash Pad, the County shall notify the City ofthe approved and contracted General Contractor. F. The County shall perform 100% of the construction work for the Splash Pad, including, but not limited to: complying with the specifications noted in the approved construction plans for the Splash Pad. G. The County shall provide hydroseeding as necessary to stabilize the site following the installation of the Splash Pad. H. After completion of the Splash Pad, the County shall remove any erosion control measures installed during construction. I. The County shall be solely responsible for all ongoing maintenance and repairs of the Splash Pad. J. The County shall perform all of the above-mentioned services at its own expense, subject to the provisions set forth in Section II(B), below. I. CITY RESPONSIBILTTIES A. The City shall reimburse the County for the expenses related to the Splash Pad construction within sixty (60) calendar days of receiving from the County a request for reimbursement, along with the accompanying invoices for such expense. B. The City's financial responsibiity for reimbursement expenses shall not exceed $50,000.00, IL. JOINT RESPONSIBILITIES A. The City and County have jointly reviewed and approved the length and layout of the Splash Pad that is shown on the attached Exhibit B, which is incorporated by reference as if fully set forth herein. B. The County and City willjointly review and approve the final Splash Pad construction. C. The County will install permanent signage commemorating the joint nature of this project between the City and the County with verbiage to be mutually agreed upon. D. The County agrees to post rules and regulations for the Splash Pad. The City reserves the right to approve the rules and regulations, and the City's approval shall not be unreasonably withheld. IV. GENERAL A. T'erm. Unless otherwise terminated as provided herein, the term of this Contract shall be effective as of the "Commencement Date" and shall terminate absolutely and without further obligation of the City or County on May 31, 2026 or upon the completion of the Splash Pad's construction, whichever occurs first. B. Governing Law. This Contract shall be construed and enforced in accordance with the laws of the State of Georgia. In the event of any dispute between the Parties arising out of or in connection with the Contract, the Parties agree that the sole proper forum for any cause of action shall be in the Superior Court of Rockdale County, Georgia, and the Parties agree to subject themselves to the personal jurisdiction of the Superior Court of Rockdale County, Georgia. C. Notices. All notices required to be given by this Contract shall be in writing and shall be delivered via email or personally, or by registered or certified mail, return receipt requested to: Ift to the City: The City of Conyers 901 O'Kelly Street Conyers, Georgia 30012 Attn: City Manager With a copy to: Carrie L. Bootcheck, Esq, 901 O'Kelly Street Conyers, Georgia 30012 amehoshaeyepaen Ifto the County: Rockdale County P.O, Box 289 Conyers, Georgia 30012 Attn: JaNice Van Ness, Chairman With a copy to: M. Qader A. Baig, Esq, 913 Commercial Street Conyers, GA 30012 Rocklale@mgpblaw.com Such addresses may be changed from time to time by either party by written notice to the other. D. Entire Agreement. This Contract constitutes the final, complete, and exclusive written expression oft the intentions ofthel Parties and shall supersede all previous communications, representations, agreements, promises or statements, whether oral or written, by any party or between the Parties. E. Time of the Essence. All time limits stated herein are of the essence of this Contract. F. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed an original and any of which shall be deemed to be complete in itself and be admissible into evidence or used for any purpose without the production of the other counterparts. G. Modification. No modification of any of the terms and conditions of this Contract shall be effective unless contained in a writing signed by both Parties. H. Headings. The headings used herein have been inserted for convenience only and do not constitute matters to be considered in interpreting this Contract. I. Waiver. No waiver of any breach of any of the terms of this Contract shall be construed, taken or held to be a waiyer of any other breach or waiver, acquiescence in o1 consent to any further or succeeding breach oft the same term, To be effective, any such waiver must bei in writing signed by the party whose right is waived and received by the party in breach. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, each such waiver shall operate only as to the specific term o1 condition waived, and it shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived, J. Severability. If any term or provision of this Contract shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Contract shall not be affected thereby, and each remaining term and provision of this Contract shall be valid and enforced to the fullest extent permitted by law. K. Interpretation of Contract. The Parties hereto have each been represented by counsel during the negotiation and execution of this Contract, and therefore waive application of any law, regulation, holding or rule of construction providing that ambiguities in the contract will be construed against the party drafting such contract. SIGNATURES ON FOLLOWING PAGES; IN WITNESS WHEREOF, the Parties have caused this Contract to be duly executed and delivered as of the day and year first above written. CITY OF CONYERS, GEORGIA By: Name: G. Vincent Evans, Jr. Title: Mayor [SEAL] Attest: Nicole Holsomback, City Clerk Approved: Carrie L. Bootcheck, City Attorney A ROCKDALE COUNTY, GEORGIA - 1 By Name: JaNice Van Ness, Title: Chairman Attest: By: Jennifer Rutledge Its: County Clerk Approved: M. Qader A. Baig, County Attorney