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ENTERTAINMENT FIREWORKS, INC. P 0 Box 7160, Olympia WA 98507 DISPLAY AGREEMENT L This agreement, entered into this 3151 day of January 2001 and between Entertainment Fireworks, Inc. hereinafter referred to as "EFI", and City of Moscow 4" of July Celebration, herein at1er referred to as PURCHASER. 2. EFI agrees to furnish PURCHASER, in accordance with terms and conditions hereinafter set forth, 1 fireworks display per PROGRAM A. proposed, accepted and made part hereof, together with the services of a pyrotechnic operator licensed for the state of the display to be in charge of, and along with sufficient crew to safely discharge the display. Said display is scheduled to be performed on the 4" day of .July, 2001, at Guy Wicks Field. 3. PURCHASER. at it's own expense, agrees to provide to EFI: A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and a fallout zone acceptable to EFI in which the fireworks and fireworks debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping, fencing, and/or other crowd control measures to prevent the access of the public, or it's property not authorized by EFI into the display site. C) The services and cost of standby firemen and/or applicable permit fees as required by state and local statutes, ordinances or reguiations. D) Access by EFl, at aii times to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with all requirements of A. B, C, and/or D set forth above, EFI shall have no obligation to perform and PURCHASER agrees to pay EFI the entire contract price plus any additional expenses incurred because of said failure. If in it's sole discretion, PURCHASER designates an area for members of the public to view the display ("spectator area") and/or area for parking vehicles, ("parking area"), the PURCHASER shall: E) Ensure that the Spectator Area does not infringe on the Display Area; F) Have sole responsibility for insuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) Have sole responsibility for insuring that the Parking Area is safe for use; H) Have sole responsibility to police, monitor, and appropriately control spectator access to the Spectator Area and Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that EFI, (including it's operators and crew) shall not inspect, police, monitor or otherwise supervise any area of the site other then the Display Area, except to insure: I) That any Spectator or Parking Area are outside the Display Area: and J) After completion of the Display, that the Display Area is cleared of any live fireworks debris originating from the program. 4. PURCHASER shall pay to EFI Ten Thousand Dollars ($10,000.00). A deposit of$2,500.00 must be paid by March 15, 2001. Full final payment is due within ten (10) calendar days after the date of the display. A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance aller 10 days from the date of the display. PURCHASER, by signing this agreement, authorizes EFl to receive and verify financial information concerning PURCHASER from any person or entity. 5. PURCHASER agrees to assume the risk of weather, or causes beyond the control ofEFI which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased the display, or which may or effect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within EFI 's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. 1ft0r any reason beyond EFI's control, inciuding, without limilation, inclement weather, EFI is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be canceled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date. PURCHASER further agrees to pay EFI for any reasonable additional expenses made necessary by this postponement. If they are unable to agree on a new display date, EFI shall be entitled to liquidated damages from PURCHASER as if PURCHASER had canceled the display on the date set tor the display, as provided in the following paragraph. 6. PURCHASER shall have the option of unilaterally canceling this display prior to the date of the display. If PURCHASER exercises this option, PURCHASER agrees to pay EFI, as liquidated damages, the following percentages of the agreed contract price: 1) 25%1 if cancellation occurs three or more days before the date scheduled for the display, 2) 50% if cancellation occurs within two days of the actual date set for the display, 3) 75% if the cancellation occurs on the date set for the display but prior to the time physical setñup of the display actually begins, I 00% thereafteL If cancellation occurs prior to the date of the display, PURCHASER agrees to pay EFT, in addition to the above percentages, the reasonable value associated with any specific custom work performed by EFI or it's agents including but not limited to music, narration tape, production andior sponsor logo. (CONTINUED ON REVERSE Sll)E) 2001-14 ---PAGE BREAK--- 7. In the event the PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of EFl's damages. The foregoing represents a reasonable estimate of the damages EFI will suffer if PURCHASER cancels the display. 8. EFI reserves the ownership rights and trade names used in or a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of EFI is prohibited. 9. EFI agrees to furnish insurance coverage in connection with the display only, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION DOLLARS ,000,000) combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of EFl in performing the Display provided for in this Agreement. Such insurance afforded by EFI shall not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including through or by it's employees, agents, or independent contractors, to perform it's obligations under this Agreement, including, without limitation, those contained in paragraph 3 of this Agreement: B) Failure of the PURCHASER to provide discretionary spectator and parking areas referred to in paragraph 3 of this Agreement. PURCHASER shall indemnify and hold EFI harmless from all claims and suits made against EFI for bodily injury or property damage arising from A) and B) of the paragraph. 10. lf any legal action is brought to enforce or interpret the terms or provisions of this agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. This agreement shall be interpreted under the laws of the State of Washington. It is further agreed that if the courts of the State Of Washington shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or the performance of the display provided for herein. It is further agreed that the Superior Court of Thurston County, Washington, shall be the proper venue for any such action. 1 L In the event EFI breaches this agreement, or is otherwise negligent in performing the fireworks display provided herein, PURCHASER shall, under no circumstances be entitled to recover monetary damages from EF! beyond the amount PURCHASER agreed to pay EFI under this agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential damages from EFI including, without limitation, for loss of income, business, or profits. Nothing in the paragraph shall be construed as a modification or limit to the insurance afforded in paragraph 9) above. 12. It is agreed, nothing in this Agreement or in EFI's performance of the display provided for herein, shall be construed as forming a partnership orjoint venture between PURCHASER and EFI. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. All terms of this agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge that they have received a copy of said written Agreement and agree to be bound by said terms of written agreement only. 13. Any notice to the parties required under this agreement shall be given by mailing such notice in the U.S. Mail, postage prepaid, first class, addressed as follows: ENTERTAINMENT FIREWORKS, INC., P.O. Box 7160, Olympia, Washington 98507. PURCHASER's address shall be PO Box 9203, Moscow, ID 83843, CIO Richard Gabriel. 14 If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations under this agreement. This agreement shall become effective after it is executed and accepted by the PURCHASER and then after it is executed by EFI at EFI's offices in Olympia, Washington. This agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the party executing same. This agreement shall be binding upon the parties hereto and upon their heirs, successors, executors, administrators, and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as des1gned and tiHS level of noe7/s accepted as full performance SIGNED ON THIS DATE --prz/- - _ herem is firm through March 15, 2001. FOR PURCH.:SER: , " X ,J2;0Ji_?h4 FO:x4 K ,X . . M . . ENT FmEWORKSJN€)- 6 _ =9·G· YF '4_Z _ Title: General Manager f 1 ---PAGE BREAK--- Britton-Gallagher & Assoc. 6240 SOM Center Rd. Cleveland, OH 44139-2985 COMPANY A Lexington Insurance Company INSURED COMPANY co LTR A B Entertainment Fireworks, Inc. P. 0. Box 7160 Olympia WA 98507-7160 B Granite State Insurance Co. COMPANY c 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, TEAM 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 BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/00/YYl DATE IMM/00/YYI TYPE OF INSURANCE POLICY NUMBER 4018167 12115100 12115101 l LIABILITY LIMITS BIND127444 12/15/00 12115101 COMBINED SINGLE LIMIT All OWNED AUTOS BOD!l Y INJURY (Per person} BODILY INJURY (Per accident) PROPERTY DAMAGE 1000000 DESCRIPTION OF ITEMS 4 f 2001 • Guy Field at the Field, University University of of City of Moscow C/O Rich Gabriel PO Box 9203 Moscow ID 83843 Idaho. Idaho, Addl. Insureds: City of Moscow, Moscow Fire Dept. , their officers, agents, and employees when acting in Guy Wicks their r r G- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE DATE THEREOF. THE ISSUING COMPANY Will ENDEAVOR TO MAll WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 1988 ---PAGE BREAK--- March 12, 2001 J. Larry Mattingly Entertainment Fireworks, Inc. PO Box 7160 Olympia, W A 98507 RE: City of Moscow of July Celebration Dear Mr. Mattingly: Enclosed please find two executed copies of the "Display Agreement" and our check in the amount of $2,500 as deposit. Once the agreement bas been executed, please return one copy to us for our files. Thank you for your assistance. Sincerely, Chris Bainbridge City Clerk feb Enc. Main City Han Paul Mann Building P.O. Box 9203, Moscow, 10 83843-1703 206 East 3rd Street 221 East 2nd Street Phone (208) 883-7000 Phone (208) 883-7000 Hearing Impaired (208) 883-7019 Fax (208) 883·7018 Fax (208) 883· 7033 ---PAGE BREAK--- • • • Program A January 31, 2001 Your Year 2001 Fireworks Displa Proposal Exclusively Prepared For: City of Moscow 4th of July Celebration July 4, 2001 Entertainment Fireworks, Inc.® A Place of Excellence in Pyrotechnics™ Producers of Fireworks Entertainment - including The Tacoma Freedom Fair - named one of the "Ten Best" Displays in the World by Discovery.com Travel ---PAGE BREAK--- January 31 , 2001 Richard Gabriel Entertainment Fireworks, Inc. A Place of Excellence in Pyrotechnics P.O. Box 7160 Olympia, Washington USA 98507-7160 City of Moscow 41h of July Celebration PO Box 9203 Moscow, ID 83843 Dear Richard: Enclosed for your review and consideration is our Proposal in the amount of $10,000.00 for your July 4, 2001 fireworks display. The price is all-inclusive per the following proposal, and includes Washington State Sales Tax, if applicable. If there are any effects that you would particularly like to see in this display please feel free to discuss this with us. For this and any questions you may have, please contact us at [PHONE REDACTED], fax to [PHONE REDACTED] or email: [EMAIL REDACTED]. Or, Rich Vaughan, EFI's Eastern Regional Manager, can be reached at [PHONE REDACTED] in Spokane. Included in our proposal package are two copies of our Display Agreement for your review. Please approve and return both copies. We will validate them with an officer's signature and return a copy for your records. Thank you for the opportunity to submit this proposaL We look forward to working with you. Sincerely, NT FIREWORKS, INC. J Larry Ma n y Vice-President Sales and Marketing Phone [PHONE REDACTED] *Fax [PHONE REDACTED] * cfi(i?pyrotcch.com * www.pyrotech.com ---PAGE BREAK--- City of Moscow 4th of July Celebration July 4, 2001 Entertainment Fireworks, Inc. is pleased to present this proposal for your July 4, 2001 fireworks production. This is a complete program and includes: • Licensed Operator and Crew • Transportation • Worker's Compensation • Liability Insurance Coverage • All Equipment to Fire Display • Administrative Coordination (all necessary permits and licenses) Entertainment Fireworks purchases quality pyrotechnic materials from select sources in the United States, Europe, and Asia to provide your event with the best varieties possible. In addition to the over 400 varieties in 2001, EFI will have over 200 new varieties of shells and colors in 2001. These products have been selected with consideration of your budget, location and display to achieve, in our professional opinion, the maximum variety of color, size and overall effect. If you wish to make any adjustment to quantities suggested, we would be happy to make changes of equivalent values at your request. The following descriptions are representations of the types of aerial shells and other pyrotechnic materials to be used in your fireworks display. And now to introduce your program Page 1 ---PAGE BREAK--- City of Moscow 4th of July Celebration July 4, 2001 Fireworks Display Proposal Aerial Display Shells ą_1_:inch Ae_ria_I_S_he_l_ls-+----=C_o-'-lo_r - 95 Fancy : 20 I I Special 20 I i , 4-inch Aeria l Shells . _Co_lo_ 70 Fancy_ 20 , Deluxe 5 5-inc· hĆA- er-=-ia-:1· lo- Page 2 Fancy 15 J ---PAGE BREAK--- City of Moscow 4th of July Celebration July 4, 2001 Fireworks Display Proposal Comets 20 \Comets 3.00-nch- Blue, Gold, Green, Purple, Red, and Silv Page 3 ---PAGE BREAK--- City of Moscow 4th of July Celebration July 4, 2001 45 11 5 Page 4 Fireworks Display Proposal Specialty Display Products Salutes: Titanium Flash Single Report - 3 Inch Mines- 4" Bl"', Gold, P•lm T 5" v,,;,g•t•d M•g St" :j 1 Multiple Shot Aerial Display Devices (Description of Varieties): 1 ' each 2.5" 36-shot Dahlia w/ Silver Bee Mines, 2.5" 36-shot Gold Coco • Tree Crackling w/White Flashing Mines, 2.5" 36-shot Rain Storm w/ [ Report, 3" 25-shot Mixed Color & Salute, 3" 25-shot Mixed Color~ ---PAGE BREAK--- City of Moscow 4th of July Celebration July 4, 2001 Fireworks Display Proposal Display Shell Recap I Total3" Shells I 145 I . Total 4" Shells 105 f Total 5" Shells 73 ) = I Total6" - 1 . Total Comets +-20 ' I Total Specialty DisplaY.J:r:oducts )GRANDTOTAL---- Grand Finale Finale Shells: A magnificent display of fantasy in the sky. Sounds of bursting barrages and a star break of spectacular colors. Shells simultaneously bursting in the sky, spreading a glorious rainbow of colors and lighting up the heavens with breathtaking beauty. A very special climax to your evening of a grand display of fireworks. Quantity 'I =Fi:-n -ac-le-cS::-: l 1 3" Finale Shells 5-=.0 1 4" Finale Shells 30 1 1 5" Finale Shells 15 ø6ù·ú·Fûiünaýl • ..::eþSÿh.:: eĀllās - f TOTAL FI.ćN-A-cLE=-SH-E,...L-,-LS.Č--"-- 171 Page 5 ---PAGE BREAK--- City of Moscow 4th of July Celebration July 4, 2001 Fireworks Display Proposal RECAP DISPLAY INVESTMENT: $10,000.00 USD. DEPOSIT: Includes all expenses, plus choreography/music fees if applicable, except police or other protection to prevent intrusion of the public onto the firing grounds, and/or services of a standby fireman. $2,500.00 USD due on or before March 15, 2001 LIABILITY INSURANCE Public liability and property damage insurance in the sum of $1,000,000 and provided compensation insurance for all help and assistance as required by state laws governing Fireworks Displays. Additional insurance coverage is available. NOTE: Page 6 Customer to provide sand (if applicable) and security. Charges for barges and tugs, if applicable to the event, will be billed directly to the sponsor. CONTRACTS AND DELIVERIES MAY BE SUSPENDED OR CANCELLED PENDING ANY CONTINGENCIES BEYOND THE FIRM'S CONTROL, E.G. FORCE MAJEURE, LOCKOUTS, STRIKES, ACCIDENTS, TEMPORARY STOPPAGES, WAR, OR THE LIKE. Refer to enclosed contract for specific terms of this agreement. Entertainment Fireworks, Inc.® A Place of Excellence in Pyrotechnics™