Laserfiche WebLink
f a p.o. box 932 cabby oregon 97013 office 503.656.1999 fax 503.656.6628 infocawesterndisplay.corn <br /> U7 DISPLAY AGREEMENT AND PURCHASE ORDER <br /> (a THIS AGREEMENT("Agreement")is entered into on this Cl ay ofMara) ,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 /> W ("Sponsor").Western and Sponsor are sometimes individually referred to as a "Party" and collectively as the <br /> a "Parties." <br /> L.L. <br /> In consideration of the mutual terms and conditions set forth herein and other good and valuable <br /> t consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: <br /> a. 1. Proposal.Western agrees to supply,and Sponsor agrees to pay for,a fireworks display on the following <br /> designated date(s)and location: 4,2022 from a barge off Jett Island, Everett,Washington, Proposal <br /> g JulyYi; p <br /> #22-7006, which is attached hereto and incorporated herein by this reference, (the "Display") in <br /> ,:. accordance with the program approved by both Parties. <br /> t <br /> I I 2. Price and Payment Terms.Total price of SEVENTY FIVE THOUSAND DOLLARS AND NO/100($75,000.00) <br /> C/a is to be paid as follows: 25%of the total price, $18,750.00 is due by MARCH 1, 2022; 25%of the total <br /> I ! I price, $18,750.00 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 11/2%per month(an annual percentage rate of 18%per <br /> annum)on all 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 <br />