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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND FIREPOWER DISPLAYS UNLIMITED INC. or CONTRACT NO. C1213-025 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 2q may of May, 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and FIREPOWER DISPLAYS UNLIMITED, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 19 5- 66.3 14 8 4- RECITALS • WHEREAS, the City is in need of Contractor to provide fireworks display to be exhibited at the City's Anniversary celebration("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide these Services as more fully described in Attachment "A", which is attached hereto and incorporated herein by reference; and WHEREAS, Contractor is qualified, willing and able to provide the desired Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Twelve Thousand Dollars ($12,000.00). - NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES: Contractor shall provide approximately ten (10) minutes of fireworks display for the City's Pier Dedication Ceremony taking place at Sunny Isles Beach/Newport Fishing Pier on June 15, 2013. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner and to perform the Services designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The Services described in - Exhibit"A" shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with Exhibit "A" and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, • improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the failure of performance by Contractor.