Board of Commissioners Agenda Item Transmittal Form Procurement/Contract Transmittal Form GFORGL Type of Contract: Single Event CC Use Only Contract #: Submission Information: Vendorl Information: Contact Name: Vendor Name: Derwin Daniels Tahira Wilson, Deputy Director Department: Address: 827 Cambridge Creek Drive Conyers, GA 30094 Parks & Recreation Project Title: Email: Paradygmientegmal.com Summer Concert Series Phone #: 770-355-5046 Budgeted: Yes Contact: Derwin Daniels Funding Account Number: 100-6110-523850-61 Term of Contract: Sunday, August 31 2025 Contract Amount: $3,000 Contract Type: Services Contract Action: New Original Contract Number: Notes and Comments: The Parks and Recreation Department requests approval of the attached contract with Derwin Daniels. This agreement grants permission for the band to perform at the Summer Concert Series on Sunday, August 31 2025. pt-313 Contract No. 2025- BAND PERFORMANCE CONTRACT This contract (the Agreement")i is made on 2025, between ROCKDALE COUNTY, GEORGIA, located at 962 Milstead Avenue, Conyers, Georgia 30012, a political subdivision oft the State of Georgia, hereinafter referred to as the "County" and Derwin Daniels (the "Band"), located at 827 Cambridge Creek Drive Conyers, GA 30094 to engage the services of Band as independent contractors to perform (the "Show") for the County at The Lawn @ Wheeler Park (the "Venue"), located at the address 1400 Parker Road Conyers, GA 30094. IT IS AGREED AS FOLLOWS: 1. Place, date, and time of 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 31st day of August 2025 at 5 pm. 2. Description of Show. The show will be a musiçal performance with musical content decided by Band. Show will 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 byt 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 be transferred, assigned, or subcontracted by the Artist without prior written consent of the County. 3. Payment. Compensation for the Show will be $3,000_dollars, payable by check. A 50% deposit of Feeis 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 Fee is not tendered upon the specific time of this contract, no further obligation for either party comes due. Theremaining 50% of Fee is due immediately prior to Band's Show, but may be made earlier, 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. If the Show is cancelled within two (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 case Band must refund Fee in its entirety 5. Force Majeure. In the event Show cannot reasonably be put on because of unpredictable occurrences such as an act of nature, government, or 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 on the same terms as this Agreement save for the time of Show, with no further deposit of Fee due, in which case a new. Agreement reflecting this will be signed by the parties. No further damages may be sought for failure to perform because of force majeure. Contract No. 2025- 6. Food and Drink. County will provide Band with ten (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 two (2) hours prior to the show and lasting until one (1) hour after the show. 8. Sound Systems Check. A sound 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 warrants that Venue will be of 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 if 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 offiçers, 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 by the Band or any of their officers, agents or employees, which condition does not specify to be created or maintained by this Agreement 11. Severability. If any portion of Agreement is in conflict with any applicable law, such portion will becomei inoperative, but all other portions of Agreement will remain in force. 12. Governing Law. This agreement shall be construed and interpreted according to the provisions of the laws of the State of Georgia. 13. Rights to show. The artist hereby certifies, guarantees, and states he retains full legal rights and privileges to conduct the instant performances, free from any claims, assertions, and potential legal challenges. The artist further agrees to assume all liability associated with the performance, while holding the County completely and comprehensively harmless from same. 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 enforcement is sought. The below-signed Band Representative warrants she/he has authority to enforceably sign this agreement for Band in its entirety. The below signed County's Representative warrants she/he has authority to bind County and Venue (above). Contract No. 2025- SIGNATURE SECTION FOLLOWS ON NEXT PAGE IN WITNESS WHEKEOF, the parties have hereunto set their hands and seals on the date and year first above written. Derwin Daniels ROCKDALE COUNTY, GEORGIA Insert Bqnd Name Above By: PN k By: Signature 6f1 Band Representative JaNice Van Ness, Chair & CEO Dnwh nubs Lehe) Name/Title of Band Representative (Typed or Printed) Attest: Jennifer O. Rutledge, County Clerk Approved as to form: M. Qader A. Baig, County Attorney