My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Western Display Fireworks Ltd. 3/11/2022
>
Contracts
>
6 Years Then Destroy
>
2023
>
Western Display Fireworks Ltd. 3/11/2022
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/25/2022 11:08:06 AM
Creation date
3/25/2022 11:07:55 AM
Metadata
Fields
Template:
Contracts
Contractor's Name
Western Display Fireworks Ltd.
Approval Date
3/11/2022
Council Approval Date
3/9/2022
End Date
1/2/2023
Department
Administration
Department Project Manager
Tyler Chism
Subject / Project Title
4th of July Fireworks
Tracking Number
0003274
Total Compensation
$75,000.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
5
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
p.o. box 932 canby oregon 97013 office 503.656.1999 fax 503.656.6628 info westerndisplay.corn <br /> PAGE 3 <br /> less than 30 days from the original Display date,Sponsor may elect to reschedule the Display to a mutually <br /> (�} agreeable date. This date must occur before January 2, 2023. Western agrees to facilitate this <br /> rescheduling and Sponsor agrees to reimburse Western for new permits and other additional costs <br /> associated with this change. Sponsor understands that permitting requirements, burn bans and other <br /> L1J factors beyond Western's control may prohibit rescheduling of a display. If these factors prohibit the <br /> rescheduled Display from taking place then the standard cancellation schedule applies. <br /> LL. <br /> 9. Safety / Weather Forced Cancellation. Western agrees that it shall be the responsibility of the <br /> pyrotechnic operator in charge,acting on Western's behalf or the Authority Having Jurisdiction,to cancel <br /> or delay the Display if in the operator's judgment circumstances beyond the control of either Party pose <br /> an extraordinary risk to the health and safety of any persons or property within the vicinity of the Display. <br /> In this situation,the Display will be rescheduled to a mutually agreeable date. <br /> If the product has been damaged as an attempt to execute the Display and cannot be safely reused,100% <br /> of the price is due and Western has no further obligation under this Agreement. If the product is intact <br /> and reusable, Western agrees to store the product and execute the Display on a mutually agreeable <br /> { future date.Sponsor agrees to reimburse Western for reasonable costs associated with the rescheduling <br /> of the event. <br /> 10. Force Majeure. Sponsor assumes the risks of weather, strike, civil unrest, terrorism, military action, <br /> governmental action,and any other causes beyond the control of Western which may prevent the Display <br /> from being safely performed on the scheduled date, which may cause the cancellation of the event for <br /> which Sponsor has purchased the Display,or which may affect or damage such portion of the Display as <br /> must be replaced and exposed a necessary time before the Display. In this situation,the Display will be <br /> rescheduled to a mutually agreeable date. <br /> 11. Product Performance. Sponsor recognizes and acknowledges that due to the nature of fireworks, an <br /> industry accepted level of 3%of the product used in any display may not function as designed and this <br /> level of nonperformance is acceptable as full performance. <br /> 12. Time. Time is of the essence in this agreement. The Parties expressly recognize that in the performance <br /> of their respective obligations, each Party is relying on timely performance by the other Party and will <br /> schedule operations and incur obligations to third parties in reliance upon timely performances by the <br /> other Party and may sustain substantial losses by reason of any failure of timely performance. <br /> 13. Independent Contractor/No Joint Venture. The Parties agree that Western is an independent <br /> contractor, and is not an agent or employee of Sponsor for any purpose. It is further agreed that <br /> Western's employees shall be,and remain,the employees of Western and not of Sponsor.Nothing in this <br /> Agreement or the actions of Western or Sponsor shall be construed as forming a partnership or joint <br /> venture between Sponsor and Western. <br /> 14. Attorney Fees. In the event that either Party to this Agreement shall enforce any of the provisions hereof <br /> by any action at law or in equity,the unsuccessful Party to such litigation agrees to pay to the prevailing <br /> Party all costs and expenses,including reasonable attorney fees,incurred therein by the prevailing Party. <br /> 15. Jurisdiction. This Agreement shall be governed in all respects, whether as to validity, construction, <br /> capacity, performance or otherwise,by the laws of the State of Washington applicable to contracts. <br />
The URL can be used to link to this page
Your browser does not support the video tag.