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HomeMy WebLinkAboutAG 23-054 - WESTERN DISPLAY FIREWORKS, LTD.RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: FWCC 2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL N OTHER Display Agreement and Purchase Order 5. PROJECT NAME: Display Agreement and Purchase Order 6. NAME OF CONTRACTOR: Western Display Fireworks, LTD. ADDRESS: _TELEPHONE E-MAIL: FAX: SIGNATURE NAME: Heather J. Gobet -TITLE President 7. EXHIBITS AND ATTACHMENTS: u SCOPE, WORK OR SERVICES N COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: July 14, 2023 9. TOTAL COMPENSATION $ 25,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ENO IF YES, MAXIMUM DOLLAR AMOUNT: .$ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PURCHASING: PLEASE. CHARGE TO: Otz k - 00- 3t, - 5%?j" 9a y% 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 9 PROJECT MANAGER CG 02/09/23 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) It LAW JE 2/27/23 (second review after redraft) 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDORICONTRACTOR DATE SENT: DATE REC'D; ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED DEPARTMENT IGNATORY (MAYOR OR DIRECTOR) i 11,CITY CLERK] q El ASSIGNED AG# COMMENTS: Please review and let us know if it is OK to sign and execute. They would like us to sign their contract in addition to them signing the agreement we created and already had reviewed. JE 2/27123 _ WDF's proposal needs to be included as an attachment to this document once finalized because there are references to it. Do NOT include their contract document, however. TW - I removed the contract portion of the proposal, so it is ready to be attached to contract. 2/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw ciryolfederalwaV com GOODS AND SERVICES AGREEMENT FOR COMMUNITY FIREWORKS DISPLAY FOR RED, WHITE, & BLUES FESTIVAL This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Western Display Fireworks, LTD., a foreign profit corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: WESTERN DISPLAY FIREWORKS, LTD.: Brent Pavlicek PO Box 932 Canby, OR 97013 (503) 656-1999 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Cody Geddes 876 S 333rd St Federal Way, WA 98003-6325 (253) 835-6926 (telephone) (253) 835-6929 (facsimile) com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the GOODS AND SERVICES AGREEMENT - 1 - 7/2021 ITY OF cFederaf Waylow CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wvwwcityoffederahvny com City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fai Is to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all GOODS AND SERVICES AGREEMENT - 2 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (2 53) 835-7000 ivww cityoffederalway cons remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. "The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: GOODS AND SERVICES AGREEMENT - 3 - 7/2021 CITY OF CITY HALL ,.�.. Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wttw. crryoffederalway cony 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $5,000,000 for each occurrence and $5,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liabil itv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary Insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional_ Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies and Contractor shall provide certificates of insurance for all commercial general liability policies within two weeks of the date of the Services as provided in Exhibit "A." At City's request, Contractor shall furnish the City with copies ofall insurance policies and with evidence of payment ofprcmiums or fees of such policies. lfContractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. GOODS AND SERVICES AGREEMENT - 4 - 7/2021 CITY OF edera � HALL 33325 8th Avenue South Federal y Federal Way, WA 98003-6325 ww� (253)835-7000 vnvw cityoffedernhvay com 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 IndcVen 4dence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor. does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement GOODS AND SERVICES AGREEMENT - 5 - 7/2021 CITY OFF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ww.cltyoffederalwaycorn shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretat ion and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by writtcn agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Berieliciaric:s. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of GOODS AND SERVICES AGREEMENT - 6 - 7/2021 CITY OF Federal Way CITY HALL 33325 Bth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofPederalway com the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Force Majeure. Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, governmental action, military action, acts of war, insurrections, riots, civil unrest, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance under this Agreement with reasonable diligence whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force maj eure. 13.6 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the `-date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www 61yoffederalwey. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: t Ji ell, Wyor DATE: WESTERN DISPLAY FIREWORKS, LTD.: By: ��� A&1�1 Heather Gobet, President/Owner DATE:12-0 2-.3 STATE OF ORE, GON) ) ss. COUNTY OF ) ATTEST: APPROVED AS TO FORM: ]. Rya Call, City Att4yney On this day personally appeared before me Heather Gobet, to me known to be the 13'resident/Owner of Western Firelvor€:s Display. I.jj). that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 7111 day of RO,l-JN- , 2023. OFFICIAL SEAL RANDICLARK NOTARY PUBLIC - OREGON COMMISSION NO. 1011324 MY COMMISSION EXPIRES APRIL 12, 2025 Notary's signature 41 Notary's printed name Y 1L Notary Public in and for the State of Oregon. My commission expires 1.Z 2A-LS GOODS AND SERVICES AGREEMENT - 8 - 7/2021 CITY OF FederaI Way EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the followirl : CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wives cilvoffederalwey. com a. Contractor shall provide fireworks display services (Services / Display) at Celebration Park, located at 1095 S. 324th Street in Federal Way, WA, for the annual Red, White & Blues Festival held on July 41h, 2023, detailed in Proposal #23-7316, attached hereto and incorporated by reference. b. Contractor shall supply all shells, mortars, other pyrotechnics, firing equipment, and all other required materials (except for the materials the City agrees to provide below) necessary to perform the Display consistent with the Proposal. c. Contractor shall perform proper delivery, set-up, firing, and presentation by pyrotechnic operator and crew covered under workers compensation insurance. d. Contractor shall be available for and participate in a walkthrough with the Fire Department in the afternoon on the date of the fireworks display. Final details on timing of the walkthrough will be provided by the City. e. The fireworks display will take place immediately following a welcoming address to attendees at 10:15pm and will be approximately 20 minutes in length including choreography to music and a grand finale, consistent with Contractor's Proposal. f. Contractor agrees to perform a test fire with the local Fire Marshall prior to the show at approximately 9:45pm to check the wind conditions and fallout area. g. Contractor is responsible to ensure that all materials and services supplied under this Agreement comply with all laws, rules, and regulations of the State and federal government. The Contractor shall perform the Services in compliance with all provisions of Chapter 70.77 RCW, including, without limitation, using one licensed pyrotechnic operator in connection with the handling or display of the fireworks, performing a test fire, combing the grounds for any live materials around the site, providing sufficient personnel at the fireworks display site in order to ensure a safe public display, and obtaining all necessary licenses and permits. The services shall be performed in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Parks Director or his designee. h. Contractor shall remove all equipment, large debris, live materials, and spent boxes from the immediate display site after the Display. Contractor agrees to conduct another walk through for any live material during daylight hours on the next day following the event, to be completed not later than 11:00am. The City acknowledges additional debris may remain in the fallout zone after Contractor's responsibilities of display site clean-up have been completed. 2. The City agrees to the following: a. The City will provide the musical soundtrack for the fireworks display matching the planned length of the Display as provided in the Contractor's Proposal by April 1, 2023. The City will perform all sound work for music during the display. b. The City will provide overnight security for the Contractor's fireworks truck day and night of July 3, 2023. c. The City will provide 100 sand bags to be delivered to the display site by 10:00am on July 3, GOODS AND SERVICES AGREEMENT - 9 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 vnvw uly0ffederahVay cant 2023. d. The City agrees to perform all other clean up that is not the responsibility of the Contractor as provided in section l.g. above. e. The City recognizes and acknowledges that, due to the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. f. Compliance with Laws: The City agrees to perform its requirements in accordance with NFPA (National Fire Protection Association)1123 OUTDOOR DISPLAY OF FIREWORK 2022 Edition 8.1, General Requirements. The City will make provisions for fire protection for the display. 8.1.1 The City shall consult with the AHJ, the local responding fire department (if different from the AHJ) and the licensed pyrotechnic operator employed by Contractor to determine the level of fire protection required. 8.1.2 The following applies to crowd control: (1) Monitors whose sole duty is the enforcement of crowd control shall be located around the display site and at other locations as determined by the City; (2) The AHJ and the Contractor shall approve the provisions for crowd control; 8.1.2.1 Monitors shall be positioned around the display site to prevent spectators or any other unauthorized persons from entering the discharge site; 8.1.2.2 Where required by the AHJ, approved delineators or barriers shall be used to aid in crowd control; 8.1.2.3 Portions of the display site, other than the discharge site(s), shall be permitted to be open to the public prior to the display so long as the provisions of 4.2.2.2 are maintained; 8.1.2.4 Unescorted public access to the discharge site shall not be permitted where pyrotechnic materials are present during the period before the display; 8.1.2.5 The discharge site shall be restricted throughout the display and until the discharge site has been inspected after the display (see site map provided in Proposal as attached to this Agreement). g. The Federal Way Fire Department will conduct a walkthrough to ensure compliance with Washington State fire regulations and event safety. 3. Safety / Weather Cancellation and Reschedulin =: a. The City of Federal Way's designated representative and/or local fire services personnel have the authority to cancel the show due to unsafe weather conditions or unsafe practices by Contractor's technicians or to further delay or cancel the show for any unsafe condition that presents an unreasonable risk to the public. In addition, the Contractor's pyrotechnic operator also has the authority to stop, interrupt, delay, or cancel the fireworks display due to unsafe weather conditions or any other unsafe circumstances that may arise. b. In the event the City of the Contractor (by the pyrotechnic operator in charge) determines weather or other conditions, as agreed by the Parties, would make performing the Services on the date originally provided for in this Agreement hazardous to the public health, safety, or welfare of the citizens of Federal Way, attendees, or persons or property within the vicinity of the Display, Contractor and the City agree to reschedule the event at a later, mutually agreeable, time, location, and date within one hundred twenty (120) days from the originally scheduled date. Any payment of reasonable costs associated with rescheduling the event must be agreed to by the City in writing prior to those costs being incurred by the Contractor and any obligation to pay on the part of the City. c. If the product has been damaged resulting from an attempt to execute the fireworks display, other than the commercially acceptable 3% failure rate as detailed in this Exhibit, the following will apply: i. If the failure to fire the display results from the error or other action by the Contractor and GOODS AND SERVICES AGREEMENT - 10 - 7/2021 CI! Y OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway. corn any part of the display product is not damaged and may be safely reused, the Parties agree to work together to reschedule the fireworks display using any materials or product that may be safely reused and will negotiate any additional costs that may be necessary. ii. If the failure to fire the display results from the error or other action by the Contractor and all product in the display has been damaged or may not safely be reused, then the Parties agree to negotiate a reschedule of the display. 4. Cancellation / Rescheduling by City: a. If the Services are voluntarily canceled by the City for reasons other than those detailed in section 3 of this Exhibit and section 13.5 of the Agreement: i. After signing this Agreement and before 30 days prior to the scheduled Display date, the City agrees to pay 25% of the total price ($6,250.00) for restocking and costs incurred. ii. Within 30 days of the scheduled Display date but before the day of the scheduled Display date, the City agrees to pay 50% of the total price ($12,500.00). iii. On the date of the scheduled Display date, the City agrees to pay 100% of the total price of the services ($25,000.00) b. The City may elect to reschedule the Display to a mutually agreeable date if the City provides notice of not less than 30 days prior to the originally scheduled Display date. This date must be within 90 days of the original display date. Contractor agrees to facilitate the rescheduling and the City agrees to reimburse Contractor for any new permits or licenses needed for the new date. Any other costs associated with this change will be agreed to in writing by the Parties prior to finalizing the new date and any costs being incurred by the Contractor. 5. Cancellation by Contractor. If the Contractor cancels the Services at any time prior to the scheduled Display date for any reason other than those detailed in section 3 of this Exhibit and section 13.5 of the Agreement, The City is entitled to a full refund of any amounts paid to Contractor, less reasonable costs incurred by the Contractor as agreed by the Parties in writing. GOODS AND SERVICES AGREEMENT - 11 - 7/2021 City OF Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway. com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Twenty -Five Thousand and NO/100 Dollars ($25,000.00). 2. Method of Compensation: The total compensation for the Services amounting to Twenty -Five Thousand and NOI100 Dollars ($25,000.00) will be paid as follows: twenty-five (25) percent of the total price, $6,250.00 is due by March 15, 2023, twenty- five (25) percent of the total price, $6,250.00 is due by June 4, 2023, and the remaining balance of $12,500.00 is due in full by July 15, 2023. GOODS AND SERVICES AGREEMENT - 12 - 7/2021 r '` •` •` 1 l l 1 5� ` 1 + `•_ `i, :� Western Display F-ireworks is a fifth generation ti family owned business offering the finest In t• '+ :': 5 �ayrotechnic productions. With aver 70 years of ', ` F•.: `, �'.i'•+ experience, we are the oldest and ]at'.gest aerial 4'^.+ display fireworks company in the Northwest 3 y and are honored to be part of hundreds of E�, '; s t; 11.• events annually. We offer custom designed displays for customers of every budget, venue and event type: As we +strive to ensure that each display is more spectacular than the last, we never lase - `., ., ,_ ,� � . �- �-• siylit of our company commitment to the _- safety of our crews and spectators. 111_ HEATHER GOBS. president I ownel ii��� .. - r as,.. - R.;^•4i_rF�^]`4'�--b. �.• .t_ •l-..��:. ,w �'+►•.� . "... Y'. a. vet �•,. OF - - r' r;.�, is , �, V = i FIREWORKS Portland . Seattle . Boise P-d. Box 932+ Canny ■ Oregon 97013. 503,656.1999 • westerndisplay.cam PYROTECHNIC EXCELLENCE ■ SINCE 1948 COMPANY SAF[-#V� We maintain an unparalleled safety record through ongoing pyrotechnician training and strict adherence to Federal DOT and ATF regulations, Natiq6al Fire Protection Association (NFPA) and state! We are committed to providing both to-4.8ntz.a most spectacular fireworks displays--f(Sr-our clients. EXPERIENCE Our decades of experience and commitment to artistic design plus use of the ff latest technology, has made us the largest and most celebrated display fireworks company in is Lhe Northwest, We produce hundreds of shows _aRni4a4y-fe-r-a-wide-variety of events.— - -&-mopw —.owe. - Here are -just a few:- &W_-F - - It . __1. i=PFEDO!'Ii FAIL' • SEArAW, SUMMER RTH 0 PT L�. N D 0 IN N E *'11,- ,'T T P _!' 1;A! •j Y e,:! t- S E 4 T'; ")'P J I JL Y • F VERIE rT JU UY 2,71 H LIN(7.01L.N I V "'r-j. P i Ly • ST. P-^v-11L RC)D�()--ST. ",4h1 ,',! A. J J L Y SF:A--,IDF'S OLL) F-ASH1,-),NEr) POUPTH' Or Jl-;L,y ASTORIA WARRENTON 4TH 01F JUI-Y THE MILL CASINO INDEPENDENCE DAY CELEBRATION SAN JUAN INDEPENDENCE DAY CELEBRATION CITY OF PEN -TON FABULOUS 4TH OF JULY WATERFRONT BLUES FESTIVAL—PORTLAND, OR JOINT EASE LEWIS I MCCHORD INDEPENDENCE DAY CELEBRATI-ON AN COPTES F(-_,dRTH OF JULY CELEBRATION r 7EE-17)0.1',l %T.! _-)N—IDAHO ID LkrE_PJIL'. "Ti. C71 A 'FIREWORKS Portland - Seattle - Boise P.O. Box 932 • Canby - Oregon 97013 - 503.656.1999 - westerndisplay.com PYROTECHNIC EXCELLENCE - SINCE 1948 MAI REFERENCES ,�` M •f i• 1 y / r'-�l �r,�r .� •� �Ch=,T ! LE S-,L `;�'.i`< �i �-1EP. : �)RrFi Eric Corning I PRESIDENT&CEO 4206.728.0123 eric a seafair-org POP T L A.NFU ROSE FEST!VAL ', '�,,)'�• ' ✓ • •�,ti ---.�. Steven Bledsoe I WATERFRONT ACTIVITIES MANAGER 503.227.2681 stevenb a rosefestival.org THE MILL CASINO N�.. INDEPENDDENCE DA.Y CELEBRATION e. Kevin Lee I MARKETING SPECIALIST '' r. *• �` :�' ,' ' • ` 41.756 8800 x 1565 klee a themillcasino com :� '!•' ;t '`' SAN JUAN ISLAND .`'r' �� •, a 't,. INDEPENDENCE DAY CELEBRATION t ;' •('s. i.�. ! ,'p �i Becki Day I CHAMBER EXECUTIVE DIRECTOR 360 378.5240 chamber a sanluan!sland.org y; .i. � k •' .. •Y�•'T .°y��- i'• ;: . CITY OF BCiSE =1'I H OF JUL1' f;�±��r' �: �" •��i. �'`•;�i ';�}t'� Yf +� `• I ,' ' �: Summer Atieri I SPECIAL EVENT COORDINATOR 208 608,7618 ShcLieri u(ilyufL)uise.org M,Fi Ai EU FR_ED0N! CELEBR;AT10N {f� .:1 ►�' V� y— _� i^vAHO FALLS. ID I ony Lima I VICE PRESIDENT OF PUBLIC RELATIONS rr+ 1 ,;, = 208.534.2821 • tlima a melaleuca com `rrVAI r �FR')N 1 j3L;It_ IV- ;. . im Tyler Fuller I PRESIDENT ►+ •�;' 'H T : .ft�' _��� 507iwinoiv tylPrafiillPrPvPnt, rnm +•r•'�: ��, l 1/�' y — CITY OF L_ACEY JUt_Y --RD +f,� .�i it `a• �: ' 1'1� FIREWORKS SPE-TAC UL.4R LL1 f i + Jeannette Sieler I RECREATIONSUPERVISOR ]� ! 360.438,2631 jsieler a.ci laceywa us r � CH1?1UUK •v `IPvD4 ��.0 SI!"JO < h.it�'I'vERS.aRY CELEEP,1710N. LINCUi y4' LI i r• UP' Scott Macrae I MARKETING MANAGER rr.1[ ,541996 7964 scottm a CWCResort corn-- ix -AV:° FIREWORKS L.I ID Portland . Seattle . Boise P.O. Box 932 • Canby • Oregon 97013 • 503.656.1999 • western display.com PYROTECHNIC EXCELLENCE • SINCE 1948 �•7.-• 9 _� ;-see-_,� ''� `.L Imo' f r •,� - � , y . � . • 1. y+. i .13■ei/ 490 Portland o Seattle Boise PYROTECHNIC EXCELLENCE • SINCE 1948 • P.O. Box 932 • Canby • Oregon 97013 • 503.656.1999 • westerndisplay.com '+�"*=✓T���=�( DiSPLA`r` FIREWORKS i=i r� Fireworks Display Proposal Summary City of Federal Way Red, White & Blue's 41" of July Fireworks Display July 4, 2023 Your display proposal includes the following services to be provided by Western Display Fireworks, Ltd: • Provide display liability insurance with sponsors and property owners listed as additional insured o $5,000,000 (per occurrence) general liability ■ Prepare the Washington State Public Display Permit to be approved by the local fire authority • Submit IFC Permit Application, along with fee to South King Fire & Rescue • Provide transportation for all equipment to and from the display site • Provide transportation by a properly licensed vehicle with a CDL hazmat driver for pyrotechnics to the display site • Provide $5,000,000 commercial auto insurance to cover transportation • Supply all necessary labor to conduct the display including a state certified pyrotechnician, assistant and crew covered under worker's compensation insurance ■ Supply all pyrotechnics as listed on the attached detailed proposal • Provide necessary mortars and firing equipment required to pre -load and electrically fire the display to the Sponsor provided musical program 4-0 CD W U) W U �L U N n paq T m cM f� LL L CD L 0 v c O 00 N 0 U n0 a 0� w w fl� w w w w w w w w o z d 0 w 0 m 0 d v 0 r N c+) o 0) U) Ln N 9Y��I U4 to N E o c 0 c 2 d w O L m co`@C z a 0) to a o 0) .O m o0 0 -0 m O cp 0 U] c m 0 � 0 3 3 O 0 0 L LO U-� N O C7 ❑ C7 0) E C w w z w 0� w Q� Q� w w w w w w w w w w w w w w 0 0 0 0 0 0 0 C9 Q Iq v CD NCO �Y LC! 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"A !� CO O CO I- I,- I,- I- >• t` r~ F- I- fl- I- ti F- � w w m CD w w O w w O r a I U n-j T r r r r r r r r r r r N N N N N N N N N N N N W w W w W w w w w w w w w w W w W w W w W w w a a a a a a a a a a a a a a a a a a a a a a a w w w w w w w w w w w w w w w w w w w w w w w J J J J J J J J J J J J J J J J J J J J J J J a a a a a a a a a a a a a a a a a a a a a a a z z z z z z z z z z z z z z z z z z z z z z z 16 1a10 O O r N M M't O (O I- m O O r N N N M � O W h M O O r N N N N N N N N N N N N N N N N N N N N N N N N N N r M - = N - o U u) � as 0 0 a s a a a _ O O 2 rn O rn O c m e O c N CD C C 7 7 7 � Y ._� �C ._s Y N N N a) N coin m Y U N Y U f0 6 Y U N o 0 o U U o U U° U U o m m a> o g— o o o° •• O m m a. — a a a 0 U 0= = E 3 E U �. o o m m m E E a� E E a� E E o O) m aci a a t L t -0-o c c a c c m c c m m 000mmmmmNNmw O O C � Uy� c o c O c o ,L' 2 0 6a aa a a 0 p m aa o 0 o� L U L U z L U >, CL L s d d d 0 a M a) L t L () U 0 U U O U U a) c c cA CO m = o - o »_ U U) cn a� = v a> y O O O L o 7 L a) 7 L O O O a) 7 L a) 7 L N 7 L U c� m m of co m� � m m m v Nr Cl) Cl) ch Cl) 't 'v It 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,d: Cl O 0� N N O O O O W 0� O W N N N O "I: O "4: O ';� O "I: O M (O (O f- M N LO CO � r- O N N NM (O CO r CO (O OD r CO O O O O O O O r r N N N cM (M C) M M M M "t qt O Lf) M CD 6i O O O O M O O a) O 0) O O O O O M O O O O O 6 O � r r r r r I ¢ T m M � N cu r-_ LL L CD CD L.L v 0 v c O 00 (o U U n-j c 0 a U N m 0 m E H C a) w w W W W W W W W W w z z Z z z z z z _z _Z 1x tL suel] Ul) LLo DS] U Lo Lr- COUf) COO (0 N N N N- N 14 N N CV j C 1, 1 iM m ih C*) E W E E c ca W 0 ❑ O O In N co 0 00- Q ¢ Q ID Q +N+ U W t co v N co N d N ad 06 06 o�i :3� U U U U U m m U U� e m � az to [A cn. CI] m w m w m m m cya co co ~ai F-u`�i m Cfl m m m CY] a� 0. 0 CL a y CA ai v) OS otS Q'f oLf a� otf 0.i' cl) c m U) a e 0 c (U 0) o, 0) C) v m a� m m m E m E E W W W W p o a o v ui o o vi a o 0 c°)o ro m. Q¢ uNi Q¢ rNn vmi Q G O C C C c c c c c c C c c c L�� U N U 0 CO � CO CO: co to cc m co m co w co O a a [D - cp M C'7 M C9 .� d 5: t --t -:T d- -,I, ' o dh Ik O O O O O O O n O O O O O O O O O O C> O O O O O C)i r cM UL ti Q) r M Vf Il� Cn M 't LO W) a) LO LO CD CD co co co O Cn LO LO 0 0 LO U) tr) In V) r N bi ai ai of ai it ai of c3i o 6 N N I ilmi O O O 0 m cry), Lq o O co Q) N N N N 0 0 0 0 N N N N 0 ._ 1 DATE (MMIDD/YYYY) >�coRo CERTIFICATE OF LIABILITY INSURANCE 1/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ACT PRODUCER 1101ME: Britton -Gallagher and Associates, Inc. PHONE 216-658-7100 A/C No): 216 65&7101 E-MAIL One Cleveland Center, Floor 30 "� "_ 1375 East 9th Street ADDRESS: Cleveland OH 44114 INSURE AFFORDING COVERAGE NAIC # INSURED Western Display Fireworks Ltd. P. O. Box 932 Canby OR 97013 Insurance Cu. I 10851 18234 INSURER9 : AXIs Surplus Ins Company INSURERC: Alaska National Insurance INSURER D : Everest Denali Insurance I INSURER E : COVERAGES CERTIFICATE NUMBER: 768603690 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM: NSR POLICY EFF POLICY EV NSR TYPE OF INSURANCE AINSR BR POLICY NUMBER IMIYIPDDN YYI tMMIOOIYYYYI A GENERAL LIABILITY I ISISML00215-231 1 1/15/2023 ` 1/15/2024 "CLAIMS -MADE MERCIAL GENERAL LIABILITY I - 1 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: D AUTOMOBILE LIABILITY SISCA00098-231 1/15/2023 1/15/2024 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS X AUTOS X B UMBRELLA LIAB X OCCUR P-001-000069176-05 1/15/2023 F7512D24 X EXCESS LIAB CLAIMS -MADE A WORKERS COMPEN5ATM S18ML00215-231 1/15/2023 1/15/2024 AND EMPLOYERS' LIABILITY Y I N ANY PRO PRIETORIPARTNERIEXECUTIVE ❑ NIA OFFICERIMEMBER EXCLUDED? (Mandatary in NH) f yas, descrba under DESCRIPTION OF OPERATIONS below C Washington USLH 22D WU 08933 (WA) 4/16/2022 4/16/2023 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured extension of coverage is provided by above referenced General Liability policy where required Display Date: July 4, 2023 Display Site: Celebration Park 1095 S 324th St. Federal Way, 98003 Additional Insured: City of Federal Way, its agents, officers and employees South King Fire and Rescue DFVICInM hit imRFR• =D NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE S I,000,000 AGE PREMISES Ea occ rrance S 50D,t'10D MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1 000.0DO GENERAL AGGREGATE $2,000'ma PRODUCTS - pDMP/OP AGG $ 2,000,01XI C MBI NED SINGLE L MIT Ea acWanl 0 ODD BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per ancidenfi $ $ EACH OCCURRENCE $ 4,000 000 AGGREGATE $ 4,t100,0 M S WC STATU- X OTH Y MIT St Gap E, L, EACH ACCIDENT $1,D00,000 E.L, DISEASE - EA UPLOYEE S 1 000,000 E.L. DISEASE - POLICYLIM}rf S1,D00,000 BlbyAcddent $1,000,000 BI by diseasepolicy limit $1,000.000 Bbydisease Each I Employee$1,000,000 by written agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way 33325 81h Ave S. AUTHORIZED REPRESENTATIVE Federal Way WA 98003 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD �k WESTERN DISPLAY FIREWORKS, LTD. 9157-1 PO BOX 932 CANBY OR 97013-0932 DETACH BEFORE POSTING aBUSINESS LICENSE STATE OF Issue Date: Feb 24, 2023 WASHINGTON Unified Business ID #: 601056280 Profit Corporation Business ID #: 001 Location: 0001 j WESTERN DISPLAY FIREWORKS, LTD. 10946 S NEW ERA RD CANBY OR 97013 Expires: Nov 30, 2023 ;t UNEMPLOYMENT INSURANCE - ACTIVE INDUSTRIAL INSURANCE - ACTIVE TAX REGISTRATION — ACTIVE e' CITY ENDORSEMENTS: it KELSO GENERAL BUSINESS — NON—RESIDENT #A041591 (EXPIRES 7/31/2023) —ACTIVE s MOUNT VERNON GENERAL BUSINESS — NON—RESIDENT — ACTIVE PASCO GENERAL BUSINESS — NON—RESIDENT #34830 — ACTIVE ANACORTES GENERAL BUSINESS — NON—RESIDENT — ACTIVE BELLINGHAM GENERAL BUSINESS #065305 — ACTIVE t 13 BLAINE GENERAL BUSINESS — NON—RESIDENT — ACTIVE DUPONT GENERAL BUSINESS — NON—RESIDENT #1286 (EXPIRES 4/30/2023) — ACTIVE ISSAQUAH GENERAL BUSINESS — NON—RESIDENT (EXPIRES 5/31/1023) — ACTIVE LACEY GENERAL BUSINESS — NON—RESIDENT #180761 — ACTIVE LONG BEACH GENERAL BUSINESS — NON—RESIDENT #400 (EXPIRES 6/30/2023) — ACTIVE MARYSVILLE GENERAL BUSINESS - NON—RESIDENT #1999SVC819 — ACTIVE SEQUIM GENERAL BUSINESS — NON—RESIDENT (EXPIRES 6/30/2023) — ACTIVE BURLINGTON GENERAL BUSINESS — NON—RESIDENT — ACTIVE MERCER ISLAND GENERAL BUSINESS — NON—RESIDENT #220371 (EXPIRES 4/30/2023) — ACTIVE FEDERAL WAY GENERAL BUSINESS — NON—RESIDENT (EXPIRES 1/31/2024) — ACTIVE OTHELLO GENERAL BUSINESS — NON—RESIDENT — ACTIVE MOUNTLAKE TERRACE GENERAL BUSINESS — NON—RESIDENT (EXPIRES 4/30/2023) — ACTIVE STEILACOOM GENERAL BUSINESS — NON—RESIDENT (EXPIRES 4/30/2023) — ACTIVE YAKIMA GENERAL BUSINESS — NON—RESIDENT #BLS220406 (EXPIRES 4/30/2023) — ACTIVE ARLINGTON GENERAL BUSINESS — NON—RESIDENT #2924 —ACTIVE This document lists the registrations, endorsements, and licenses authorized for the business named above. By accepting this document, the licensee certifies the information on the application was complete, true, and accurate to the best of his or her knowledge, and that business will be conducted in compliance with all applicable Washington state, county, and city regulations. Director, Department of Revenue 1/24/23, 10:27 AM Corporations and Charities System BUSINESS INFORMATION Business Name: WESTERN DISPLAY FIREWORKS, LTD. UBI Number: 601 056 280 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 10946 S NEW ERA ROAD, CANBY, OR, 97013, UNITED STATES Principal Office Mailing Address: PO BOX 932, CANBY, OR, 97013-0932, UNITED STATES Expiration Date: 11/30/2023 Jurisdiction: UNITED STATES, OREGON Formation/ Registration Date: 11/16/1987 Period of Duration: PERPETUAL Inactive Date: Nature of Business: WE IMPORT 1.3G AND IAG FIREWORKS FROM CHINA AND PROVIDE AERIAL FIREWORK DISPLAYS AT CLIENT SITES. REGISTERED AGENT INFORMATION Registered Agent Name: INCORP SERVICES, INC. Street Address: 4505 PACIFIC HWY E STE C2, FIFE, WA, 98424-2638, UNITED STATES Mailing Address: 4505 PACIFIC HWY E STE C2, FIFE, WA, 98424-2638, UNITED STATES .- 60 C L91-Z+? Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL HEATHER GOBET POMEROY GOVERNOR INDIVIDUAL DAVID POMEROY GOVERNOR INDIVIDUAL SUSAN WATERS https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/1