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0 p,o, box 932 canby oregon 97013 office 503.65611999 fax 503.656.6628 info@westerndisplay.com
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<br />DISPLAY AGREEMENT AND PURCHASE ORDER
<br />O THIS AGREEMENT ("Agreement') Is entered into on this day of
<br />, 2022 by
<br />and between Western Display Fireworks, Ltd., an Oregon corporation, whose address is set forth above,
<br />("Western') and City of Everett, whose address is 2930 Wetmore Ave, Suite 10A, Everett, WA 98201
<br />LLI ("Sponsor"). Western and Sponsor are sometimes individually referred to as a "Party" and collectively as the
<br />'Parties."
<br />LL
<br />In consideration of the mutual terms and conditions set forth herein and other good and valuable
<br />consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
<br />_ 1. Proposal. Western agrees to supply, and Sponsor agrees to pay for, a fireworks display on the following
<br />designated date(s) and location: July 4, 2022 from a barge offJetty Island, Everett, Washington; Proposal
<br />Li 4f22-7006, which Is attached hereto and Incorporated herein by this reference, (the "Display") In
<br />accordance with the program approved by both Parties.
<br />LLJ 2. Price and Payment Terms. Total price of SEVENTY FIVE THOUSAND DOLLARS AND NO/100 ($75,000,00)
<br />Is to be paid as follows: 25% of the total price, $18,750100 is due by MARCH 1, 2022; 25% of the total
<br />III price, $18,750100 is due by JUNE 4, 2022; the remaining balance of the price, $37,500,00, is due in full
<br />on or before July 14, 2022. Interest will accrue at 134% per month (an annual percentage rate of 18% per
<br />annum) on ail unpaid amounts from the date on which the payment was due,
<br />3. Western Duties As part of the total price Western agrees to the following:
<br />a. To supply all pyrotechnics necessary to present an aggressive and entertaining program. The Display
<br />will be choreographed to the Sponsor provided musical soundtrack. A detailed firing script will be
<br />provided to the Sponsor no later than 30 days prior to the Display;
<br />b. To provide mortars, firing equipment and all other required materials necessary to perform its
<br />services hereunder;
<br />c. To provide proper delivery, set-up, firing and presentation by pyrotechnic operator and crew
<br />covered under workers compensation Insurance;
<br />d. To remove all equipment and spent pyrotechnic devices and clean up debris from the immediate
<br />Display site, Sponsor acknowledges that additional debris may remain in the fallout zone after
<br />Western's responsibilities of Display site cleanup have been completed; and
<br />e. To comply with all local and federal guidelines and obtain any necessary permits to perform the
<br />Display, unless otherwise notes in Sponsor duties.
<br />4. Sponsor Duties.
<br />a. Sponsor shall comply with all duties as detailed under the Compliance with Laws/Sponsor
<br />Responsibilities portion of this Agreement; and
<br />b. Sponsor agrees to provide the musical soundtrack for the Display to Western no later than April 1,
<br />2022.
<br />5. Insurance. WESTERN shall maintain at WESTERN's cost during the term of this agreement General
<br />Commercial Liability Insurance on an occurrence basis. Such insurance must be in a form acceptable
<br />to Sponsor. Such Insurance policy must have limits no less than five million dollars ($5,000,000) per
<br />occurrence and five million dollars ($5,000,000) annual aggregate. Such Insurance must be issued by
<br />companies authorized to do business in the State of Washington, which are rated at least "A" or better
<br />and have a numerical rating of no less than seven (7) by A.M. Best Company. WESTERN shall no later
<br />than June 15, 2022 deliver to Sponsor a Certificate of Insurance acceptable to the Sponsor evidencing
<br />the required insurance. WESTERN shall no later than June 15, 2022 deliver to the Sponsor a true copy
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