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HomeMy WebLinkAboutZMAC DOWNTOWN ACE HARDWARE - CONTRACT - CONTRACT - FIRST AMENDMENT TO AGREEMENT (2)SECOND AMENDMENT TO AGREEMENT I'HIS SECOND AMENDMENT TO AGREEMEN f is entered into this 30°i day of November, 2007, by and between THE CITY OF POR"1 COLLINS, COLORADO, ('City) and ZMAC, INC DBA DOWNTOWN ACE HARDWARE, 227 South College Avenue Port Collins, Colorado 80524 ('Retailer') WITNESETH: WHEREAS, the City and Retailer entered into an Agreement AGT 4 PC2007-01 to participate in a special "mail. -down promotional Ice' piogiam in orde to piomote the sale of effiuent tight emitting diode (LED) holiday lighting products through the Retailer's stoic in Port Collins, Colorado (the `Agreement'), as set foith therein, and WHEREAS, the customer icsponse has been higher than expected for this program, and the pai ties wish to inucase the reimbursement limits of the Agreement accordingly I'O ACCOMPLISH THE I'OREGOING the parties heieto_ for good and valuable consideation, agice as follows I Exhibit "A" to the Agreement is hereby icplaced with the attached Exhibit "A-2", attached heeto and incoiporated heiew by this ieference, the teems of which shall become the governing "not to exceed' iembursenient limits of the Agreement, effective nuns pro lunc, Novembci 30, 2007 2 Except as amended and modified by this Dust Amendment, the Agreement',hall be and iemain in full loicc and effect IN WITNESS WHEREOF, the partieshaveexecuted this First Amendment toAgreementthe day and year (list above written THE CI I'Y OF FORT COLLINS, COLORADO, A Municipal Corporation 6y �V ! X I Ties 3 O'Neill I, CPPNI O, FGP Du for of Purchasing and Ri,,k Management lames "I McClelland %MAC, Inc 227 South College Ave Port Collins Colorado 80524 By President, ZMAC, Inc EXHIBIT "A-2" Fall 2007 Efficient Lighting Program Details Downtown Ace Hardware, City of Fort Collins Fall 2007 Efficient Li tinFro ram Details Markdown Customer Estimated Not -To -Exceed Eligible Product Description Incentive sales 2 Quantities Sponsor Funds Amount' limit 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 10 strings the Sponsor total all products Light Emitting Diode holiday light string, power draw not to exceed five watts, when customer $2 00/string 1100 $4,200 does not present a coupon authorized by the Sponsor TOTALS 2,875 $7,300 I Customers are eligible for one or the other incentive, i e the two incentives may not be combined 2 Quantities are estimates only Piomotion sales may include any mix of quantities of thr_ eligible products, as long as the total mark-down incentive amount does not exceed the Not -to -Exceed Sponsor Funds