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<br /> <br />CITY OF SUNNY ISLES BEACH <br />ZAMBELLI FIREWORKS AGREEMENT <br /> <br />o ~ ~ u '" <br /> <br />THIS AGREEMENT ("Agreement") entered into this J 2 ~ day of YY\~ 2005, by <br />and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal <br />corporation of the State of Florida, and Zambelli Fireworks Manufacturing Corporation, a Pennsylvania <br />corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). <br /> <br />RECITALS <br /> <br />WHEREAS, the City is in need of a contractor to provide fireworks to be exhibited for the City's <br />eighth anniversary celebration ("Services"); and <br /> <br />WHEREAS, the City solicited bids from at least three businesses engaged in the business of providing <br />the Services, and the Contractor, under the time constraints, was the only responsive and responsible provider <br />for said Services; and <br /> <br />WHEREAS, the City desires to contract with Contractor to provide the Services described in Exhibit <br />"A", attached hereto and made a part hereof; and <br /> <br />WHEREAS, Contractor is qualified, willing and able to provide the desired Services subject to the <br />terms and conditions contained herein. <br /> <br />TERMS <br /> <br />NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the <br />parties agree as follows: <br /> <br />I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a <br />part hereof. <br /> <br />2. SERVICES: Contractor agrees to furnish all labor and materials in a good and workmanlike and <br />professional manner and to perform the Services designated in Exhibit "A" attached hereto, which is <br />incorporated herein by reference. The Services described in Exhibit "A" shall be performed by Contractor to <br />the full satisfaction of the City. <br />Contractor agrees to have a qualified representative to audit and inspect the Services provided on a <br />regular basis to ensure all Services are being performed in accordance with Exhibit "A" and shall report to the <br />City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any <br />problems that could cause damage to the City's property, improvements and persons. Contractor will require <br />its employees to perform their work in a manner befitting the type and scope of work to be performed. In the <br />event that the Contractor fails to complete performance pursuant to the terms of this contract and City must <br />undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs <br />incurred with respect to the completion of those Services and any damages the City may suffer as a result of <br />the failure of performance by Contractor. <br />