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3. TERM. Subject to the provisions relating to the termination of this Agreement as <br /> set forth hereunder, the term of this Agreement shall begin upon the execution of this <br /> Agreement and shall terminate upon completion of Services. Any change in fee, terms or <br /> conditions shall be accomplished by written amendment to this Agreement and approval by the <br /> City. Rain date policy and postponement time is 11:30am on day of display. If inclement <br /> weather or wind exceeds 20 miles per hour, display will be postponed to June 16, 2013. The <br /> alternative rain date shall be June 22, 2013. Payment will be made only for work completed to <br /> the satisfaction of the City. Contractor is to commence performance of work from the date of <br /> this agreement and continue in a diligent manner until completion of the Services. Contractor <br /> acknowledges that compliance with the commencement and completion schedule is the <br /> essence of this Agreement. <br /> 4. COMPENSATION: The Contractor agrees to provide the Services in a total amount <br /> not to exceed Twelve Thousand Dollars ($12,000.00), City will pay a deposit of Six Thousand <br /> Dollars ($6,000.00) which is 50% of the contract price upon signing of contract but no later <br /> than (30)days prior to display is due for the performance of the Services. <br /> Payment to Contractor for all charges under this Agreement shall be in accordance with this <br /> Agreement and a schedule of charges and tasks reflected in Attachment "A" and under the <br /> following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this <br /> contract. <br /> b. Payment Schedule. Invoices received from the Contractor pursuant to this <br /> Agreement will be reviewed by the initiating City Department. If services have <br /> been rendered in conformity with the Agreement, the invoice will be sent to the <br /> Finance Department for payment. Invoices must reference the contract number <br /> assigned hereto. Invoices will be paid in accordance with the State of Florida <br /> Prompt Payment Act. <br /> c. Availability of Funds. The City's performance and obligation to pay under this <br /> Agreement is contingent upon an annual appropriation for its purpose by the <br /> City Commission. In the event the City Commission fails to appropriate funds <br /> for the particular purpose of this Agreement during any year of the term hereof, <br /> then this Agreement shall be terminated upon ten (10) days written notice and <br /> the Consultant shall be compensated for the Services satisfactorily performed <br /> prior to the effective date of termination. <br /> d. Final Invoice. In order for both parties herein to close their books and records, <br /> the Contractor will clearly state ."final invoice" on the Contractor's finaUlast <br /> billing to the City. This certifies that all services have been properly performed <br /> and all charges and costs have been invoiced to the City. Since this account will <br /> thereupon be closed, any other additional charges, if not properly included on <br /> this final invoice, are waived by the Contractor. <br /> ( e. Permits. Contractor shall be responsible for paying for, and obtaining, all <br /> permits from all regulatory agencies necessary to perform the Services. In the <br /> 2 <br /> C1213-025-FIREPOWER DISPLAYS UNLIMITED,INC. <br />