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Installation Contract
<br />Council Chambers AV Upgrades I Quote ID: 1179
<br />Rockfan Entertainment, LLC
<br />Installation Service Agreement
<br />This installation agreement ("contract" or "Agreement") is made and entered into by and between Rockfan
<br />Entertainment, LLC, 2649 E. Mulberry St., Suite 8, Fort Collins, Colorado ("Rockfan") and City of Louisville, located
<br />at 749 Main Street Louisville, CO 80027 ("Client").
<br />1. Statement of Purpose of Agreement. Rockfan desires to provide and the Client desires to receive the requested
<br />audio-visual (AV) equipment and materials procurement, installation, and integration services as described in the
<br />Proposal Scope of Work ("Scope of Work"), attached to this Agreement as Exhibit A, which exhibit is incorporated herein
<br />by this reference. Such services are limited to what is listed in the Scope of Work, but may include designing systems
<br />and controls, procuring products and materials, providing labor for installation, and implementing programming and
<br />training. To carry out these purposes, the parties agree to the terms of this Agreement.
<br />2. Client's Payment Obligations.
<br />a. Subject to subparagraph (c), the Client agrees to pay $ 127,503.27 which is the Grand Total with Tax (not applicable)
<br />listed in the quote. Payment shall be made as follows:
<br />i. $ 31,875.82 Due at signing (25% of Grand Total);
<br />ii. $63,751.63 due upon delivery of all equipment (50% of Grand Total)
<br />iii. $ 31,875.82 Due upon Completion of Scope of Work (25% of Grand Total), as indicated by the Client's written
<br />acceptance of the work.
<br />b. If the payment terms of this Paragraph 2 differ from that stated in the Scope of Work, the terms of this Paragraph
<br />control.
<br />c. As stated in Rockfan's Proposal attached hereto as Exhibit A, several existing AV components may be salvaged and
<br />re -used in the work performed by Rockfan, such as the displays, equipment racks, and some microphones. Rockfan
<br />shall use commercially reasonable efforts to identify, salvage, re -use and integrate existing AV components into the
<br />work contemplated hereunder, and in the event such existing items are salvaged and integrated into the work such that
<br />new equipment serving the same purpose is not needed to serve the Client's intended function, then the Grand Total
<br />due to Rockfan from Client shall be reduced accordingly by reference to the cost of such (unneeded) equipment in
<br />Exhibit A.
<br />3. Rockfan's Obligations.
<br />a. After payment of the amount due at signing, Rockfan will provide the services described in the Detailed Description
<br />of the Scope of Work.
<br />b. Rockfan is not required to perform services that are not reasonably identified in the Scope of Work, and that are not
<br />otherwise mutually agreed to by the parties in accordance with subparagraph 9.a below.
<br />c. Rockfan and its employees, contractors, or other representatives will comply with all Client direction, standards, and
<br />policies to the extent that Client advises of them in writing to Rockfan.
<br />d. Rockfan shall perform the work identified in the Scope of Work in accordance with the highest professional
<br />workmanship and service standards in the field to the satisfaction of the Client, Any work not meeting the foregoing
<br />quality standard shall be corrected or replaced by Rockfan at no cost to Client.
<br />e. Until the final acceptance of the work by the Client in writing (which includes electronic messaging), Rockfan shall
<br />have the charge and care thereof, and shall take every necessary precaution against injury or damage to any part
<br />thereof from any cause. Rockfan, at its own expense, shall rebuild, repair, restore, and correct all injuries or damages
<br />to any portion of the work occasioned by any causes before its completion and written acceptance by Client.
<br />f. Rockfan agrees to guarantee all installation workmanship under this Agreement for a period of two (2) years from
<br />the date of final acceptance by the Client. If any unsatisfactory condition or damage develops within the time of this
<br />guaranty due to workmanship that results in defective or inferior outcomes, or is not in accordance with the Agreement,
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