Western Display Fireworks Ltd 2/8/2021

i.1 p.o. box 932 canby oregon 97013 office 503.656.1999 fax 503.656.6628 info(aiwesterndisplay.com DISPLAY AGREEMENT AND PURCHASE ORDER THIS AGREEMENT ("Agreement") is entered into on this S 44t- day of4-jiylittahaj , 2021 `-' by and between Western Display Fireworks, Ltd., an Oregon corporation, whose address is set forth above, ("Western") and City of Everett, whose address is 2930 Wetmore Ave, Suite 10A, Everett, WA 98201 L LI ("Sponsor").Western and Sponsor are sometimes individually referred to as a "Party" and collectively as the "Parties." L®L. In consideration of the mutual terms and conditions set forth herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: (,l" 1. Proposal.Western agrees to supply, and Sponsor agrees to pay for, a fireworks display on the following designated date(s) and location: July 4, 2021 from a barge off Jetty Island, Everett, Washington, Proposal#21-6766, which is attached to this Agreement as Exhibit A and is incorporated herein by this reference, (the "Display") in accordance with the program approved by both Parties. 1 I 2. Price and Payment Terms. Total price of SEVENTY TWO THOUSAND DOLLARS AND NO/100 ($72,000.00) is to be paid as follows: 25%of the total price, $18,000.00 is due by MARCH 1, 2021; 25% I I of the total price,$18,000.00 is due by JUNE 4, 2021;the remaining balance of the price,$36,000.00, is due in full on or before July 14, 2021. Interest will accrue at 1%% per month (an annual percentage rate of 18%per annum)on all unpaid amounts from the date on which the payment was due. 3. Western Duties.As part of the total price Western agrees to the following: a. To supply all pyrotechnics necessary to present an aggressive and entertaining program. The Display will be choreographed to the Sponsor provided musical soundtrack. A detailed firing script will be provided to the Sponsor no later than 30 days prior to the Display; b. To provide mortars, firing equipment and all other required materials necessary to perform its services hereunder; c. To provide proper delivery, set-up, firing and presentation by pyrotechnic operator and crew covered under workers compensation insurance; d. To remove all equipment and spent pyrotechnic devices and clean up debris from the immediate Display site. Sponsor acknowledges that additional debris may remain in the fallout zone after Western's responsibilities of Display site cleanup have been completed; and e. To comply with all local and federal guidelines and obtain any necessary permits to perform the Display, unless otherwise notes in Sponsor duties. 4. Sponsor Duties. a. Sponsor shall comply with all duties as detailed under the Compliance with Laws/Sponsor Responsibilities portion of this Agreement; and b. Sponsor agrees to provide the musical soundtrack for the Display to Western no later than March 1, 2021. 5. Insurance. WESTERN shall maintain at WESTERN's cost during the term of this agreement General Commercial Liability Insurance on an occurrence basis. Such insurance must be in a form acceptable to Sponsor. Such insurance policy must have limits no less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) annual aggregate. Such insurance must be issued by companies authorized to do business in the State of Washington, which are rated at least "A" or better and have a numerical rating of no less than seven (7) by A.M. Best Company. WESTERN shall no later than June 15, 2021 deliver to Sponsor's Risk Manager a Certificate of Insurance acceptable to the Sponsor evidencing the required insurance. WESTERN shall no later than June 15, 2021