HomeMy WebLinkAboutZMAC DOWNTOWN ACE HARDWARE - CONTRACT - CONTRACT - FIRST AMENDMENT TO AGREEMENTFIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 131h day of November,
2007, by and between THE CITY OF FORT COLLINS, COLORADO, ("City") and ZMAC, INC
DBA DOWNTOWN ACE HARDWARE, 227 South College Avenue, Fort Collins, Colorado 80524
("Retailer")
WITNESETH:
WHEREAS, the City and Retailer entered into an Agreement AGT # FC2007-01 to
participate in a special "mark-down promotional fee" program in order to promote the sale of
efficient light emitting diode (LED) holiday lighting products through the Retailer's store in Fort
Collins, Colorado (the "Agreement"), as set forth therein, and
WHEREAS, the customer response has been higher than expected for this program, 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-1",
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 [unc,
November 13, 2007
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
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
B O'Neill 1I, CPPO, FNIGP
3r of Purchasing and Risk Management
James T McClelland
ZMAC, Inc
227 South College Ave
Fort Collins, Colorado 805244
By ,
Preside , AC, Inc
EXHIBIT "A-1"
Fall 2007 Efficient Lighting Program Details
Downtown�Ace, Hardware, Citp.of Fort C611ins,
. ,Fall 206TEfficient Li tin Pro ram Det<lils'
Markdown
customer
Estimated
Not -To -Exceed
Eligible Product Description
Incentive
Amount'
sales
limit
z'
Quantities
Sponsor Funds
Light Emitting Diode holiday
light string, power draw not to
exceed five watts, when customer
$4 00/string
775
$3,100
presents a coupon authorized by
l0 strings
the Sponsor
total all
products
Light Emitting Diode holiday
light string, power draw not to
exceed five watts, when customer
$2 00/string
1,600
$3,200
does not present a coupon
authorized by the Sponsor
TOTALS1
2,375
j$6,300
I Customers are eligible for one or the other incentive, i e the two incentives imay not he combined
2 Quantities are estimates only Promotion sales may include any mix of quam rties of the eligible products,
as long as the total mark-down incentive amount does not exceed the Not -to -Exceed Sponsor Funds