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AG 11-133RETURN TO: TI EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: N\V ■ . C 1CVtibv%5 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE OK CONTRACT AMENDMENT (AG #): I t "' 13 3 ❑ OTHER EXT: b9 Nl 3. DATE REQ. BY: SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: C o ww vt i ( r) VG v.-$vv L s h \ cry 6. NAME OF CONTRACTOR: I< c r ( gin, +1 yvc,, h .� . 1 r e work ' , Inc.... ADDRESS: PO 11 ca: -7(60 O1. vv„ p 1 s W Fk ', g Sb'1 TELEPHONE: E -MAIL: FAX: SIGNATURE NAME: ILevx , „1,atn TITLE: V P (Dv ecc:i i6o. S 7. EXHIBITS AND ATTACHMENTS: kf SCOPE, WORK OR SERVICES k COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # f , EXP. / / 8. TERM: COMMENCEMENT DATE: a pr7�� 5111.0.'t Ur C COMPLETION DATE: ' 4” 9. TOTAL COMPENSATION: $ 1 111 006, 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 ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: OO 1 1 'Z b b - 3 5' Z 513 -- 12. - y , 0 10. DOCUr LENT / CONTRACT REVIEW INITIAL //ATE RE WED INITIAL / DATE APPROVED PROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT -D wt.) I2. /I 24,)S wL ais 1 l'� 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 43 16 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS X LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK *ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: ('one G,wetniv ow-- CAinw - elck+d Joeyond Cote', , Nae& -ti I�� Puw c4o'v% c i-. to �i F DATE REC'D: t4 122 ! Ile • SDI 'I-4 yot& •awt 2- or -"-°a - LteAr- 11/9 4 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com AMENDMENT NO. 2 TO GOODS AND SERVICES AGREEMENT FOR COMMUNITY FIREWORKS DISPLAY This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Entertainment Fireworks, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for community fireworks display ( "Agreement ") dated effective June 1, 2011, as amended by Amendment No. 1, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2016 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -2, 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 for the Amended Term. Except as otherwise provided in an attached Exhibit, 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. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: John utton, Par DATE: 6'4-4 ENTERTAII'JMENT FIREWORKS, INC. ATTEST: APPROVED AS TO FORM: tephanie Courtney, CMC City Attorney, Amy Jo Pearsall By: �t� � ANNS �ii� 1:1 Ken. Julian, Vice - President • ip • 4.:1 o;,y� si OTARY �: m PUBLIC :2 4. 11,i::::WASN`�0`% DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF Thurston ) On this day personally appeared before me Ken Julian, to me known to be the vice - president of operations of Entertainment Fireworks, Inc., 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 ) 157- day of = 31c„ ��r,/ , 20)6. Notary's signature �Qae 4„ c}, Notary's printed name T-h F, Notary Public in and for the State of Washington. My commission expires 6 - 1 3 � AMENDMENT 2 1/2015 Federal Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com 1. Total Compensation: In return for services during extended term, the City shall pay the Contractor an additional amount not to exceed Thirty -Two Thousand and NO/ 100 Dollars ($32,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Twelve Thousand and NO /100 Dollars ($112,000.00). 2. Method of Compensation: Payment by the City for the services will be made after the services have been performed and an itemized billing statement has been submitted. Payment will be made no later than thirty days after receipt of itemized billing statement. AMENDMENT 3 1/2015 A� O® CERTIFICATE OF LIABILITY INSURANCE 4/22/2016 4/22/2016 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). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 777 108th Ave NE, #200 Bellevue WA 98004 CONTACT Kristen Look PHONE 425 - 586 -1016 FAX 425- 451 -3716 (A/C,No•Exty— (A /C No): ADDRESS' INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :T.H.E. Insurance Company COMMERCIAL GENERAL LIABILITY 12866 INSURED ENTEFIR -01 Entertainment Fireworks, Inc. 13313 Reeder Rd. SW ENTEFIR -01 Tenino WA 98589 INSURER B: INSURERC: 2/15/2017 INSURER D : $1,000,000 INSURER E : $100,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 2128830975 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBk W VD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y CPP0103972 -02 2/15/2016 2/15/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO PREMISES (Ea occu RENTED $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,000,000 GE X GENERAL AGGREGATE $ 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PET PER: LOC PRODUCTS - COMP /OP AGG $2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO AUTOS NED HIRED AUTOS X x SCHEDULED AUTOS NON -OWNED AUTOS CPP0103972 -02 2/15/2016 2/15/2017 (EOOMa a ED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y EPL0011552 -02 2/15/2016 2/15/2017 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 $ DED X RETENT ON $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below �, / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as an additional insured on the General Liability policy per form number CG133F (07/95). Date of Display: July 4, 2016. Location: Celebration Park 1095 S 324th Federal Way WA. Addl. Insured: City of Federal Way; Federal Way Parks Dept.; South King County Fire Dist.; South King County Fire & Rescue; their officers, agents, and employees when acting in their official capacity as such. CERTIFICATE HOLDER CANCELLATION Federal Way, City of PO Box 9718 Federal Way WA 98063 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE j ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED - FIREWORKS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended to include as an additional insured: 1. The fair or exhibition association, sponsoring organization or committee for the fireworks event covered under the policy; 2. The owner or lessee of any premises used by the Named Insured for the covered fireworks events; 3. The public authority municipality granting a permit to the Named Insured to operate the covered fireworks event; and 4. Any independent contractor who operates the fireworks display on behalf of the Named Insured; but only as respects accidents arising out of the negligence of you or your employees while acting in the course and scope of their employment. All other terms and conditions of the policy remain unchanged. CG133F(07195) Wr H'or■• k5 January 21, 2016 Entertainment Fireworks, Inc. A Place of Excellence in Pyrotechnics P.O. Box 7160 Olympia, Washington USA 98507 -7160 City of Federal Way Attn: David Clemons 33325 8th Ave South Federal Way WA 98003 -6325 David: Enclosed please find the signed Amendment for the July 4, 2016 Fireworks Display. The insurance certificate will be issued after our renewal for the year is completed which should be after February. At that time I will forward the certificate to you. Respectfully, /frati /Judy .,%li/ President Entertainment Fireworks, Inc. Phone 360- 352 -8911 * Fax 360 - 352 -0205 * efi @pyrotech.com * www.pyrotech.com RETURN TO: � EXT: 2"� ��� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PRCS/ � 2. ORIGINATING STAFF PERSON:�V�� GILIMoN S EXT: (��3�I 3. DATE REQ. BY: 4. TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMTl'ED 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#�:�� ❑ INTERLACAL ❑.OTHER 5. PROJECT NAME:��L ,�� ;Yr 4,�,r4c '�isel • 6. N�oFCorrr�,c�rox: aEn�ar�si�nr�crt� Fisv���vl�s �rL�- ADDRESS: PO B ea �(60 6� ��_g$ Sb'j -'[ t 60 TELEPHONE:�460- 35Z- ��11 E-MAIL: ����`�����-+��_,pyiira��(,_1a►�,_ � �,n F.vc: SIGNATURE NAME: � y v� � �; E v� TITLE: v,(� 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS �i[ PROOF OF AUTHORTTY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ usi # 6 n 11 (�SI 31 , EXP. �/�/� 8. TERM: COMMENCEMENTDATE: JV�C ,� �b, I COMPLETIONDATE: ��,_,�I � � ZOIS 2 �U► �a 9. TOTAL COMPENSATION: $ �, p pp , 00 �" �J2� C�1 % (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLAYEES TTTLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: bp 1- 'T?�O - 3�J' 2- 5'i 3-� Z '�i � O 10. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ SUPERVISOR � DmEC'roR ❑ RISK MANAGEMENT (IF APPLICABLE) �"�� � LAW DEPT � ' ( ( ' I �j �iGl rX,.t, � � 11. COUNCIL APPROVAL �IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 3� I°I I 1 3 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBTfS „1� LAw DErr � � � ( � �SIGNATORY R IRECTO �l2l�y�� CiTYCLERK 53��j� ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL � S,t,�. Gl�a�r� -1 INTfIAL / DATE SIGNED 'a' 1 AG# DATE SENT: ,�,�,�j• 13 �� COUNCIL APPROVAL DATE: �i A (� DATE REC'D: 1/9 ~ �pF ' CI 1ALL ` 33� _ _ 8th Avenue South ,;�,� Fe d e ra I �� Federal Way, WA 98003-6325 (253) 835-7000 wdvH<cityof(ederalwey. com AMENDMENT NO.1 TO GOODS AND SERVICES AGREEMENT FOR COMMUNITY FIREWORKS DISPLAY This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Entertainment Fireworks, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for the community fireworks display for the Red, White, and Blues Festival at Celebration Park ("Agreement") dated effective June lst, 2011 as amended by Amendment No. 1, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31 St, 2015 ("Amended Term"). 2. AMENDED SERVICES. The Services or Work, as described in Exhibit "A" and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to work and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit "A-2" attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-1", 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 Amended Term. Except as otherwise provided in an attached E�chibit, 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. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 ' �OF � .,.�,, Federal ay C IALL 33„�., 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ,�,� r�'�,�"'., Cary M. Roe, PE, Director of Parks/Public Works DATE: -� 3 � 3 ENTERTAINMENT FIREWORKS, INC. By; ( � � Printed Name: Trtle: � DATE: �i %a'T> �o�S STATE OF WASHINGTON ) ) ss. COUNTY OF 1'�„�� s�o � ) ATTEST: � rty Clerk, Carol Mc eilly, CMC APP OVED AS FORM: City Atto y, atricia A Richardson � 7�✓ On this day personally appeared before me IS enn e�-�, C�u\;R�r , to me known to be the V��. (� �E �.,�r, o Ns of Entertainment Fireworks, Inc. 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. GIVE` ,�� �d official seal this N� day of (��r �1 , 2013 . . � i� A .�.�..�� •� '�'� Notary's signature „_,,0,0. ,N,,, �i�. .• �= Notary's printed name Tln E � e sa An� S��k e�-� e � �Y v? m� N o t a ry P u b l i c i n an d f o r t h e S t a t e o f W a s h i n g t o n. Z� � ; 2 ; My commission expires � -13 - �01 �l ��O �3•�O�A•'����: .....• NC� .� yi � h�ASH� t,.. � ����������`' AMENDMENT - 2 - 1 /2010 � 1.e ,`� OF ,� Federal ay EXHIBIT "A-2" ADDITIONAL SERVICES G[ ��ALL 33�c5 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wNV►v crryaffederelw�y com In addition to the Services as described in Exhibit A of the original Agreement, Contractor shall provide fireworks display services at Celebration Park, as more specifically described in Exhibit "A-1", for the 2013- 2015 Red, White & Blues Festival attached hereto and incorporated by this reference, ("Services"), and perform such Services in compliance with all provisions of Chapter 70.77 RCW, including, without limita.tion, 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 insure 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 similaz services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City manager or his or her designee. Prior to the expiration of the Term, the performance date for the Services may be extended or amended to a later date, at no additional charge, by either the City or the Contractor in the event weather or other conditions constitute a hazard to the public health, safety or welfare of the citizens of Federal Way; provided, however that Contractor agrees to reschedule the event at a later time, location, and date acceptable to the City within one hundred twenty days from the originally scheduled dates of July 4�, 2013, July 4�', 2014 and July 4�', 2015. The Contractor agrees to pay a penalty of One Thousand Dollars and NO/100 ($1,000.00) if not prepared to fire the complete fireworks display and soundtrack as mutually agreed at 10:15pm. The Contractor agrees to pay an additional Five Hundred Dollars and NO/100 ($500.00) penalty for each additional fifteen minutes after 10:15pm that the Contractor is not prepared to fire the complete fireworks display and soundtrack as mutually agreed. The payment of penalties shall not in any way release the Contractor from further obligations and liabilities to complete this entire Agreement. The fireworks display will include choreography to music with a welcoming address to the citizens of Federal Way and a grand finale display. The City's designated representative and the Contractor will mutually determine general themes and soundtrack. The length of the display should be identified with a minimum length of 20 minutes accepted. The show will take place at 10:15pm and will be 20-22 minutes in length in Celebration Park, located at 1095 S. 324�' Street in Federal Way, WA, on July 4�', 2013, July 4�', 2014 and July 4�', 2015. The City of Federal Way agrees to provide adequate policing, fencing, and crowd control measures to prevent access to the public in the fireworks zone. The Federal Way Fire Department will be on site to insure compliance with Washington State fire regulations and event safety. The City of Federal Way will supply the sand for packing the mortars and will have it on site by 10:00am, on July 3�, 2013, July 3'�, 2014 and July 3'�, 2015. Entertainment Fireworks, Inc. is responsible for raking out the sand used, and cleaning up all materials associated with the fireworks. Entertainment Fireworks, Inc. shall be prepared to fire the complete fireworks display and soundtrack by 10:1 Spm. Failure to be timely and completely prepared will result in financial penalties as outlined above. A test fire with the local Fire Marshall is scheduled for 9:OOpm to check wind conditions. AMENDMENT �c� 1/2010 • � OF ` ;:� Federal ay C 1Al.L 33..�� 8th Avenue South Federel Way, WA 98003-6325 (253) 835-7000 www crryaffederahvay. can 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 Entertainment Fireworks, Inc. technicians or to further delay or cancel the show for any unsafe condition that presents an unreasonable risk to the public. In addition, the Entertainment Fireworks, Inc. display operator also has the authority to stop, interrupt, delay or cancel the show due to unsafe weather conditions or any other unsafe circumstances that may arise. Entertainxnent Fireworks, Inc. is responsible for removing any live materials immediately following the fireworks display, and another walk through for any live material during daylight hours on July 5�', 2013, July 5�', 2014 and July 5�', 2015, to be completed by 11:OOam. In the event the display is cancelled due to unsafe conditions, the City of Federal Way has the option to reschedule the fireworks show at no additional charge in 2013, 2014 and 2015 as outlined above. AMENDMENT - 4 - 1/2010 . � OF ` ;�� Federal C iALL ���� 33.,�5 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryvffederahaay. com EXHIBIT "B-1" ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor the amount of SIXTEEN THOUSAND and NO/100 Dollars ($16,000.00) on an annual basis, for a total additional amount not to exceed FORTY EIGHT THOUSAND and NO/100 Dollars ($48,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed EIGHTY THOUSAND and NO/100 Dollars ($80,000.00). 2. Method of Compensation: Payment by the City for the services will only be made after the services have been performed, and itemized billing statements submitted. Payment shall be made on a monthly basis following each event, thirty days after receipt of each billing statement. AMENDMENT - 5 - 1/2Q10 Corporations: Registration Detail Contact Us � Connect: � ;:yt�.,� � Corporations and Charities Division Corporations Home ; Nonprofit Home ' Charities Home ' Awards Public Notices ' Contact Info Page 1 of 2 SEARCH Corporation Detail Neither the State of Washington nor any agency, o�cer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such informarion. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the Sj�stem does so at his or her own risk. All documents filed with the Corporations Division are considered public record. ENTERTAINMENT FIREWORKS, INC. UBI Number 6oi�65i3i Category REG Profit/Nonprofit Pmfit Active/Inactive Active State Of Incorporation WA WA Filing Date oi/z9/1997 Expiration Date oi/3i/2oi3 Inactive Date Duration Perpetual Registered Agent Information Agent Name J LARRY MATTINGLY Address 13313 REEDER RD SW City OLYMPIA State WA ZIP 98507 Special Address Information Address PO BOX �i6o City OLYMPIA State , WA Zip 98507 Governing Persons Title Name Vice President JULIAN , KENNETH President JULIAN , JUAITH Address OLYMPIA, WA OLYMPIA , WA Vice President,Secretary MATTINGLY , J TACOMA , WA Vice President FARNSWORTH , GREGG COVINGTON , WA http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601765131 3/7/2013 � DATE (MMIDD/YYYY) :oRa� CERTIFICATE OF LIABILITY INSURANCE a,,,,�,� 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(fes) must be endorsed. If SUBROGATION IS WAIVED, subJect to the terms and conditions of the policy, certaln polfcies may require an endorsement. A statement on this certlflcate does not confer rights to the PRODUCER Britton Gallagher One Cleveland Center, Floor 30 1375 East 9th Street Cleveland OH 44114 INSURER A INSURED Entertainment Fireworks, Inc. P. O. Box 7160 Olympia WA 98507-7160 COVERAGES CERTIFICATE NUMBER: 2019353599 REVISIVN NunneER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE POLICY NUMBER MM�DY� MMND� L1M1T8 LTR A f3ENERALLIAeILI7Y 1619933-05 /15/2013 15/2014 Ep,CHOCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILI7Y PREMI u nce $��0� CLAIMS-MADE � OCCUR MED EXP (Any one person) $ -� PERSONAL & ADV INJURY 31,000,000 GENERAL ACaGREGATE 32,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG E2 000 000 POLICY X PRO- � LOC a . B AUTOMOBILE LIABILI7r CA626585210 /15/2013 /15/2014 Es accwent� 1 000 000 X ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (PereCCiCeM) $ AUTOS AUTOS � NON-0WNED PRO� de DAMA X HIRED AUTOS X AUTOS . a C UMBRELW LIAB X OCCUR EAU705978 /15/2013 /15/2014 E,qCH OCCURRENCE 54,000,0� X EXCESS LIAB CLAIMS-MADE AGGREGATE =4:000,000 DED RETENTION $ ^ WORKERS COMPENSATION WC ATU- H- AND EMPLOYERS' UABILITY �— ANY PROPRIETORIPARTNERIEXECUTIVE � N� A E.L. EACH ACCIDENT S � OFFICERIMEMBER EXCLUDED7 " (Mandatory In NH) E.L. DISEASE - EA EMPLOYE S IfyeS tlescribe undar DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCA710NS I VEHICLES (Attach ACORD 107, AddlUonal Ramarks SchaduN. N mwa space is required) Date of Display: July 4, 2013. Location: Celebration Park 1095 South 324th Federal Way WA. Addl. Insureds: City of Federal Way, Federal Way Parks Dept, King County Fire Dist #39, their o�cers, agents, and employees when acting in their official capacity as such. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAIrCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Federal Way, Cltj/ O'F ACCORDANCE WITH THE POLICY PROVISION3. PO Box 9718 Federal Way WA 98063-9718 pUTHORI2ED REPRESENTATIVE G�j� � 7988-2010 ACORD CORPORATION. All rights reserve� ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD � � �ERTIF�C�4TE OF LIABtLITY INSURANCE d,�,�� �"'""" 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. THtS CERTtFtCATE OF lNSt1RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING tNSURER(S), AUTHORIZED REARESENTATNE OR PRODUCER, APID 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 endarsemeM. R statemerrt on th� certificate does not confer rights to tt�e certificate holder in lieu of such endorsement(s). _ __ _ PRODUCER 3ritton Gallagher 3ne Cfevelanc# Center, Ffoor 30 1875 East 9th Street ,,leveland OH 44114 INSURED Entertainment Fireworks, Ina P. O. Box 7'E60 Olvmt�ia WA 98507-7160 COVERAGE5 GERTIFIGATE NUMBER: 2O1J353599 KtV�siVN IVUIIICtK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOl1MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRRCT OR OTFFER DOCUMENT 1MTH RESPECT TO WHICH THIS CER'i'ifiCATE "MAY BE 1SSUED� OA NPP�Y PERilCiN, T11E 1N5URANCE AFFORDED BV TfiE F(3LiCtES UESCRIBED HEREIN iS SUB:IECT TO Ai:L TNE TERNIS, EXCLUSIOWS AND COPIDiTiONS OF SUCH POLICIES. LMAlTS SHOWN MRY HAVE BEEN REDUCED BY PAID CLAIMS: �� TYPE OF INSURANCE POIJCY NUMBER ��Y EFF M UCY EXP � A OENERAL LIAB1uTY 761993�05 15/2013 15/2074 EqCH pCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIA8ILITY REMI ES Ea axu nc E50 000 CWMS-AAADE � OCCUR MED EXP ( one S PERSONAL 8 ADV INJURY it 000 000 GENERAI AGOREGATE S 000 000 GEN'L AGGREGATE UMfT APPLIES PER: PRODUCTS - COMP� AG(i S 000 000 POLICY %� PRO- L� s B AUTOMOBILE uABIL1T1l CA626585210 15/2013 15/2014 � 1 ppp ppp X pNYAUTp B�ItY MY,0.fRY (�arPanort} i AUTO�S �ED AUTOS�� �DILY INJURY-(Per axident) S NON-0WNED �OPERTY DAMACE f HIRED AUTOS X AUTQS E C UMBRELLA W1B X p�CUR EAU705978 15/2013 15l2014 Ep,CH OCCURRENCE 54.�0.0� EXCE88 LIAB CdJi1h6S�S AAAQ lbG1'al2EGA'CE f4,(a0Q,00� DED R TIOPt i NfORKERg COMpENgpnpN VNC STATU- O AND EI�I.OYER8' LJABILITY Y/ N �� ANY PROPRIETORIPARTNERIE)CECUIIVE ❑ N� A EL. EACH ACCIDENT i OFFICERIMEMBER EXCLUDED? (MarMaMry In NH) E.L. DISEASE - EA EMPLOYE S if yea, CeStxiDe ur�der DESCRIPTION OF OPERATIONS below E.L. DISEASE - POIICY LMAR i OEBCWPTON � OPERATIONS! LOCA710NS / VEII�LES �Athch ACORD 101. Additlond RemaAa ScUadWe, If Mae lp�ce Is elqukMd) Date of Display: July 4, 2013. Location: Celebra6on Paric 1095 South 324th Federal Way WA. Addl. Insureds: City of Federal Way, Federal Way Parks Dept, King County Fire Dist #39, their officers, agents, and employees when acting in their offiaal capaaty as such. SHOULD ANY OF THE A80VE DE�RIBED POLICIES 8E C/11�ELLED BEFORE THE EXPIRA710N DATE 7HEREOF, NO710E IMLL BE DELNERED IN F@d@f81 W8y, CI�/ Of ACCORDANCE W1TH TFIE POLICY PROVLSION8. PO Box 971$ Federet 1M"ay WA 98063-9718 AUTF�RIZED REPRESENTATNE ��' � 1�8-2010 ACORD CORPORATlON. All-r� r�aerved. ACORD 25 (2010�5) The ACORD name andiogo ar+e registered marks of ACORD �TU�v To: ���,':( �'�, j'1 �� ExT: r�, �� `'� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: � C1,G S 2. ORIGINATING STAFF PERSON: Da.V i�. G�e wtoY1, 5 EXT: h9 � --� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMTTED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT � GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): ❑ OTHER ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: G ovvti Wt� v� ��� �, rr w a r� �S� �a� 6. NAMEOFCONTRACTOR: �,���r�a��r�k �;rr.�,�orkS Iv1G. ADDRESS: �Q� $oX '11�0 [Z���eia G8�0'1- "[� b 0 TELEPHONE 360 � 352 �all E-MAIL: ' v' e r o c� FAX: 36� - 3 6 2- t72o 5 SIGNATURE N ME: IC.e �n �S v �� dZ�ct TITLE v,� +er c�k � o hs EXHIBITS AND ATTACHMENTS:�I SCOPE, WORK OR SERVICES � COMPENSATION �INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENTDATE: ��he l� 20�� COMPLETIONDATE: j�gG. 3� , Zb 13 TOTAL COMPENSATION $ 32 � p b O. O O (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOL[DAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 001 - Zb o 3 S2 - 5 3 � �12 -`� lD 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER tr,' �'�G�y t Zl G/ ❑ RISK MANAGEMENT (IF APPLICABI.E) � Law (kJP y-1�-�� sc.e Ir�.e�_n,_� , P S-2v l� 11. COUNCILAPPROVAY. (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �SENT TO VENDOR/CONTRACTOR DATE SENT: ,512c, �i � DATE REC'D: � I � D f � � ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPARTMENT SIGNATORY (MAYOR O��R� CITY CLERK � � ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: vt � t hot �'-�aan w1�a-F a INITIAL / DATE SIGNED - lS- )� � • �•�1 AG# �� - 0`�'�j DATE SENT: � y•?�p • �� - !o � re�: , -t . k �,cr:�€� ` "_ ' i ' ' ri ��-�� 1�,� �� -I ��L��; fflL'] ► ` CITY OF CITY HALL �,.;, Federa I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwH<c�ryoffederalway com GOODS AND SERVICES AGREEMENT FOR COMMUNITY FIREWORKS DISPLAY This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Entertainment Fireworks, Inc., a Washington 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: ENTERTAINMENT FIREWORKS, INC: CITY OF FEDERAL WAY: Ken Julian John Hutton PO Box 7160 876 South 333rd Olympia, WA 98507-7160 Federal Way, WA 98003-6325 360-352-8911 (telephone) 253-835-6928 (telephone) 360-352-0205 (facsimile) 253-835-6939 (facsimile) kjulian pyrotech.com John.hutton cityoffederalway.com The Parties agree as follows: 1. TERM. The term ofthis Agreement shall commence upon the effective date ofthis 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, 2012 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractar. 2. WORK. 2.l Work. The Contractar shall provide goods, materials ar services and otherwise perform the work mare specifically described in Exhibits "A" and "A-1 ", 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 ar his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Wark 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 accardance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Wark 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 RC W. 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 City of the defect. Ifthe 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. GOODS AND SERVICES AGREEMENT - 1- 1/2010 ` qTY OF ..�..... Federal CITY HALL W �� 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vww crryoffederalway com 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 ofthe City, but the making (or failure or delay in making) such inspection ar 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. 2.4 Clean Up. At any time ordered by the City and immediately after completion ofthe Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractar to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty 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 fails to maintain required insurance policies, breaches confidentiality, ar materially violates Section l2 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 ma�cimum amount and according to a rate ar method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractar agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) far 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. 42 Method of Pa,�. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description ofwhat Wark have been performed, the name ofthe 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 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 wark meets the requirements of the Agreement. 4.3 Defective or Unautharized Wark. 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 Ageement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractar is unable, for any reason, to complete any part ofthis 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 ar to become due the Contractor. 4.4 Non-Ap�ropriation 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 remaining Work for which funds are allocated. No penalty ar expense shall accrue to the City in the event this provision applies. 4.5 Final Pavment: 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. GOODS AND SERVICES AGREEMENT - 2- 1/2010 � GTY OF '�,�., Federal Way 5. INDEMNIFICATION. CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vww cityoffederahvay com 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, t�es, losses, fines, fees, penalties expenses, attorney's fees, costs, and/ar 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 Contractar 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 S l 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 ar 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 ar 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, errars, 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 Contractar agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractar, their agents, representatives, employees or subcontractors, as provided in Exhibit "C", attached hereto and incorporated by this reference, far the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. 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 ofthis Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All recards 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 ariginals 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 Wark 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 ar contracted for wark 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. GOODS AND SERVICES AGREEMENT - 3- 1/2010 � CITY OF ,�..., Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 avww crryoffederalway com 9. BOOKS AND RECORDS. The Contractar agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Warle 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 autharized representative, the State Auditor, ar other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. 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 Contractar 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 ar 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 Safe . Contractor shall take all necessary precautions and shall be responsible far 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 far 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 Wark. The Contractar 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, ar 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 Contractar, 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 favar of the City. Contractar confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, ar 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 Ageement 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, colar, 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 shall apply to, but not be limited to, the following: employment, GOODS AND SERVICES AGREEMENT - 4- 1/2010 ` CITY OF �, Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com advertising, layoff ar termination, rates of pay ar other forms of compensation, and selection far training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, ar any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation 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 priar 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 ofthis Agreement shall prevail. The respective captions ofthe 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 written agreement signed by duly autharized representatives of the Parties. l 3.2 Assi�nment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer ar assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent ofthe other Party. Ifthe 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 successars in interest, heirs and assigns. This Agreement is made and entered into far the sole protection and benefit of the Parties hereto. No other person ar 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 Contractar shall comply with and perform the Services in accardance 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 ar 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 ofthis Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description ofthe 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 ar mare 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 ar delay of the City to declare any breach ar default immediately upon occurrence shall not waive such breach or default. Failure ofthe 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 ofthe State of Washington. Ifthe Parties are unable to settle any dispute, difference ar claim arising from this Agreement, the exclusive means ofresolving 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 Superiar 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 ofthe 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 GOODS AND SERVICES AGREEMENT - 5- 1/2010 ` CITY OF '�..,, Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vww cityoSederalway com costs and attorney's fees and expenses incurred in defending ar 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 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 ariginal 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 - 6- 1/2010 �� ,;� s .�< ' w�`w �w C�t�'Y N,�,Li.. �3�i�h �th A:ti��nue �ou€ta �e�Eer�l �'3y�,',Nf�. �8t3C1�3-6�25 � ' �.��� 7�J�t3 k1t4t '::�lL�. fEi;it?fE3ii�V�3�CRltl IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY �� Ma� , Skip Priest DaTE: � �� i l i�'�� ��� ENTERTAINMENT FIREWORKS, INC. r ��.. Ey: � � � Printed Na1ne: Kenne F. Julian Title: VP Operations DATE: May 31, 2011 _ STATE OF WASHINGTON ) ) ss. COUNTY OF Tr,«<�,���,; ) ATTEST: „ � � � � � City Clerk, Carol Mc eilly, C C �� � �'bl�- �ity Att ey°, Pat�icia A Richards�ii APPROVED AS TO FORM: On this day personally appeared before me ;� p�„� e �{4� L_ �s��������� , to me known to be the V���- t�� ���� s of �� �=, c s��,� �,� . 0.�-, r= R E�� �.�K�> _� 2-� 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 3 i day of �'� �„� , 20 I I. �`�,«� � � i �r��� — .�` gP�NN S''� � , �����Q►�" �gS10N' Notary's signature -, � . ""�c^_� •� , ,=�-���..,� _ �c, �-.�.�_����� ��► � Y�p����� � NOt2Iy'S pI711teCl Il1TTle - �l tilE'��c ��w��t `�c����c ���'- �"' NDr�y �? �: Notary Public in and for the State of Washington. � ��,1� .,: _ ^ My commission expires �. - i 3 - �c I y �i� �ti �y p ,,•`,�O . �j, O �M��.�• \ (? �: � �i����ASµ � " GOODS AND SERVICES AGREEMENT - 7- l/2010 ` CITY OF ,'�.., Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederalway com EXHIBIT "A" SERVICES Contractor shall provide fireworks display services at Celebration Park, as more specifically described in Exhibit "A-1", for the 2011-2012 Red, White & Blues Festival attached hereto and incorporated by this reference, ("Services"), and perform such 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 insure 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 City manager or his or her designee. Prior to the expiration of the Term, the performance date for the Services may be extended or amended to a later date, at no additional charge, by either the City or the Contractor in the event weather or other conditions constitute a hazard to the public health, safety or welfare of the citizens of Federal Way; provided, however that Contractor agrees to reschedule the event at a later time, location, and date acceptable to the City within one hundred twenty days from the originally scheduled dates of July 4 2011 and July 4 2012. The Contractar agrees to pay a penalty of One Thousand Dollars and NO/100 ($1,000.00) if not prepared to fire the complete fireworks display and soundtrack as mutually agreed at 10:15pm. The Contractor agrees to pay an additional Five Hundred Dollars and NO/100 ($500.00) penalty for each additional fifteen minutes after 10:15pm that the Contractor is not prepared to fire the complete fireworks display and soundtrack as mutually agreed. The payment of penalties shall not in any way release the Contractor from further obligations and liabilities to complete this entire Agreement. The fireworks display will include choreography to music with a welcoming address to the citizens of Federal Way and a grand finale display. The City's designated representative and the Contractor will mutually determine general themes and soundtrack. The length of the display should be identified with a minimum length of 20 minutes accepted. The show will take place at 10:15pm and will be 20-22 minutes in length in Celebration Park, located at 1095 S. 324 Street in Federal Way, WA, on July 4 2011 and July 4 2012. The City of Federal Way agrees to provide adequate policing, fencing, and crowd control measures to prevent access to the public in the fireworks zone. The Federal Way Fire Department will be on site to insure compliance with Washington State fire regulations and event safety. The City of Federal Way will supply the sand for packing the mortars and will have it on site by 10:00am, on July 3 2011 and July 3 2012. Entertainment Fireworks, Inc. is responsible for raking out the sand used, and cleaning up all materials associated with the fireworks. Entertainment Fireworks, Inc. shall be prepared to fire the complete fireworks display and soundtrack by 10:15pm. Failure to be timely and completely prepared will result in financial penalties as outlined above. A test fire with the local Fire Marshall is scheduled for 9:OOpm to check wind conditions. The City of Federal Way's designated representative and/or local Fire Services personnel have the autharity to cancel the show due to unsafe weather conditions or unsafe practices by Entertainment Fireworks, Inc. GOODS AND SERVICES AGREEMENT - 8- 1/2010 � CITY OF .'.�;., Federal GITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 avww c�ryoffederalway com technicians or to further delay or cancel the show for any unsafe condition that presents an unreasonable risk to the public. In addition, the Entertainment Fireworks, Inc. display operator also has the authority to stop, interrupt, delay or cancel the show due to unsafe weather conditions or any other unsafe circumstances that may arise. Entertainment Fireworks, Inc. is responsible for removing any live materials immediately following the fireworks display, and another walk through for any live material during daylight hours on July S 2011 and July S 2012, to be completed by 11:OOam. In the event the display is cancelled due to unsafe conditions, the City of Federal Way has the option to reschedule the fireworks show at no additional charge in 2011 and 2012 as outlined above. Payment by the City for the services will only be made after the services have been performed, and itemized billing statements submitted. Payment shall be made on a monthly basis following each event, thirty days after receipt of each billing statement. GOODS AND SERVICES AGREEMENT - 9- 1/2010 06114f2011 14:48 3603520205 PAGE 01104 F_x li► i lo i�- `� A- �,� City of Federal Way July 4, 2011-12 Fireworks Display Proposal Page 2 Aerial Display Shelis 06f14/2011 14:48 3603520205 PAGE 02I04 City of Federal Way ]uly 4, 2011�12 Fireworks Display Proposal Co m ets Co�nets 2R00-inch - (varieties selected from) Bfue with 3 O S�Iver Tail, Firefly Gold Strobe, Firefly Silver Strobe, Firefly (Wiz�rd), Red Glit�er, Kamuro (Wizard), Green Glit�er, Purple, Oran e Glitter Comets 3r00�-inch - (varieties selected from) Blue with Silver Tail, Golden Tailed, Firefly Gold Strobe, Golden Tailed, 2 o Firefly Silver Strobe, Red Glitter, Green Glit�er, Green wi�h Silver Taii, Red and Silver Tailed, Silver Tailed, Yellow with Silver Tail, Orange Glitter Page 3 06/14f2011 14:48 3603520205 City of Federal Way July 4, 2011-12 Fireworks Display Proposal 25 24 6 12 32 Specialty Display Products PAGE 03104 Sa/utes: 3�inch Titanium Flash H�avy Report (total of chained or single salutes) Mines - 12 3-inch Aerial Canister Mines, 12 4-inch Aerial Canister Mines Mu/#iple Shot Aeria/ Display Devic�s (Description of Varieties): 3- 50-shot 2-inch varieties; 2- 36-shot 2.5-inch varieties; 1- 25-shot 3-inch variety. __ _ Multiple Shot Ground Display Devices (Description of Varieties): 6- 100-shot varieties; 2� 100-shot "fan pat�ern" varieties; 2- 150-shot varieties 2- 49-shot varieties Performance Candle Batteries (Description o� Varieties): 12 - 8-ball 1-inch varieties; 16 - 8-ball 1-1�2 inch varieties; 4 - 2-inch 8-ball varieties Page 4 06/14/2011 14:48 3603520205 PAGE 04/04 C�ty of Federal Way July 4, 201].�Y2 Fireworks pisplay Proposal + Grand Finale Finale Shells: A magnificent display of fantasy in the sky. Sounds of bursting barrages and a star break of spectacular colors. Shelis simultaneously bUrsting in the sky spreading a glorious rainbow of calors and lighting up the heavens with breathtaking beauty. A very s.pecial ending �o your evening of a grand ciisplay of fireworks. Quantity Page 5 Display Shell Recap � CITY OF .�...;, Federal Way EXHIBIT `B" COMPENSATION GITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wivw crtyoffederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Thirty Two Thousand and NO/100 Dollars ($32,000.00). 2. Method of Compensation: Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Two payments of Sixteen Thousand and NO/100 (16,000.00) shall be made on an annual basis, thirty days after receipt of such voucher or invoice. GOODS AND SERVICES AGREEMENT - 10 - 1/2010 � CITY OF ,'�.., Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vww clryoffederalway com EXHIBIT "C" INSURANCE 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 $1,000,000 for each occurrence and $3,000,000 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 a 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. d. Professional liability insurance with limits no less than $1,000,000.00 per claim and $1,000,000.00 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 2. 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, ar 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. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state- run workers' compensation program. Contractor shall provide certificates of insurance, concunent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor'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. GOODS AND SERVICES AGREEMENT - 11 - 1/2010 A` °R°�' CERTIFICATE OF LIABILITY INSURANCE 5/3 i2o��"' 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 BE7WEEN 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). PRODUCER NAME: Britton-Gallagher and Associates IIIC. PHONE Fax 6240 SOM Center Rd. ivc No �ct: - - auC No: - - Cleveland OH 44139 ADDRESS: AFFORDING COVERAGE I NAIC # INSURED INSURERA:LE?Xlri tOri Insurance CO Entertainment Fireworks, Inc. iNSUReRe:Granite State Insurance Co. 23809 P. O. Box 7160 Olympia WA 98507-7160 INSURERC:AX15 Su lus Ins Com an INSURER D : INSURER E : GUVERAGES GERTIFIGATE NUMBER: 1189437951 REV1510N NUM6ER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD/YYYY MMID A GENERALLIABILITY 1619933-03 2/15/2011 2/15/2012 EqCH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 50 , 000 PREMISES Ea occurrence $ CLAIMS-MADE � OCCUR MED EXP (Any one person) $ PERSONAL&ADVINJURY $1,000,000 GENERALAGGREGATE $z.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $z . 000, 000 POLICY X PRO- LOC $ B AUTOMOBILELIABILITY CA62658528 2/15/2011 2/15/2012 COMBINEDSINGLELIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS X PROPERTY DAMAGE $ HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ $ C UMBRELLA LIAB X OCCUR EAU705978 2/15/2011 2/15/2012 EACH OCCURRENCE $4, 000, 000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $4,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y � N T RY I IT ANY PROPR�ETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? � N � A (Mandatory in NH) E.L. DfSEASE - EA EMPLOYE $ �f yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMiT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, AddiHo�al Remarks Schedule, if more space is required) Date of Display: July 4, 2011. Location: Celebration Park 1095 South 324th Federal Way WA. Addl. Insureds: City of Federal Way, Federal Way Parks Dept, King County Fire Dist #39, their officers, agents, and employees when acting in their official capacity as such. GERTIFICATE HOLDER TION SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, City of PO Box 9718 Federal Way WA 98063-9718 AUTHORIZEDREPRESENTAi1VE ��1¢,� O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD