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HomeMy WebLinkAboutCLAYS ACE HARDWARE - CONTRACT - CONTRACT - LIGHTING PROGRAM INSTANT COUPONaoo5 S so7?S3 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into this 18th day of November, 2005, by and between THE CITY OF FORT COLLINS, COLORADO, ("City") and CLAYS ACE HARDWARE, 1001 East Harmony, Fort Collins, Colorado 80525 ("Retailer"). WITNESSETH: WHEREAS, on October 25, 2005, the City and Retailer entered into an agreement to participate in a special instant coupon discount program in order to promote the sale of ENERGY STAR® qualified lighting products through the Retailer's store in Fort Collins, Colorado (the "Agreement"), as set forth therein; and WHEREAS, the Residential Lighting Program is a pilot offering for 2005; and WHEREAS, the customer response has been higher than expected in both the CFL promotion and torchiere turn -in events, and the parties wish to increase the reimbursement limits of the Agreement accordingly. TO ACCOMPLISH THE FOREGOING, the parties hereto, for good and valuable consideration, agree as follows: 1. Exhibit "A" to the Agreement is hereby replaced with the attached Exhibit "A-2", attached hereto and incorporated herein by this reference, the terms of which shall become the governing "not to exceed" reimbursement limits of the Agreement, effective, nunc pro tunc, November 18, 2005. 2. Except as amended and modified by this First Amendment, the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement the day and year first above written. ATTEST: City Clerk Ulm I: THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation Darin Atteberry, City Manager APPROVED AS TO FORM: Assistant City Attorney Lisa Clay Clay's Ace Hardware 1001 E. Harmony Fort Collins, Colorado 80525 Owner, Clay's Ace Hardware EXHIBIT "A-2" Fall 2005 ENERGY STAR Lighting Pilot Program Details Clay's Ace Hardware, Fort Collins Utilities Fall 2005 ENERGY STAR Lighting Pilot Pro ram Details Eligible Product Description, Units Ace Instant Coupon Discount- Custom- Estimated Not -To - Exceed Model # and SKU Per Retail Incentive ed Retail er sales Quantities Sponsor Pack Price Amount Price limit 1 Funds Feit Electric 13 Watt compact fluorescent light bulb I $2.99/pack $2.00/pack $0.99/pack 2,250 Packs $4,500 Feit Electric Model # ESL13T 10 packs Feit Electric 18 Watt total for compact fluorescent light bulb 1 $2.99/pack $2.00/pack $0.99/pack the three 2,250 Packs $4,500 Feit Electric Model # ESL IBTM products Feit Electric 23 Watt compact fluorescent light bulb I $3.99/pack $2.00/pack $1.99/pack 1,500 Packs $3,000 Feit Electric Model # ESL23TM CFL Bulb Subtotal 6,000 $12,000 Feit Electric 55 Watt Compact Fluorescent Light Torchiere 1 $29.99 $29.99 $0.00 2 packs 650 $19,494 Feit Electric Model # 71984 Torchiere Subtotal 650 $19,494 TOTAL $31,494 1. Quantities of specific compact fluorescent light (CFL) bulb products are estimates only. Promotion sales may include any mix of quantities of the eligible CFL bulb products, as long as the total mark-down incentive amount does not exceed the Not -to -Exceed Sponsor Funds, plus 5%.