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Home My WebLink AboutCHANGE ORDER - CONTRACT - 24678 SAMS CLUB GENERAL ELECTRIC FALL 2005 PROMOMarkdown Promotional Fee Agreement for Fall 2005 Lighting Program Sam's Club, General Electric and City of Fort Collins, Colorado AGT 0 FC2005-003 General Electric Company (Manufacturer) and City of Fort Collins, Colorado (Sponsor) hereby jointly agree to participate in a special "markdown promotional fee" program in order to promote the sale of ENERGY STAR qualified lighting products through the Sam's Club retail store located at 4700 Boardwalk Drive, Fort Collins, CO, 80525 (Retailer). The Sponsor will pay a markdown incentive fee to the Manufacturer for each eligible product sold through Retailer at a discounted price under the terms of this Agreement. This is a component of the Sponsor's fall 2005 ENERGY STAR lighting pilot program. Exhibit "A" lists the products eligible for the markdown incentive, the markdown incentive amount per product sold, the regular and discounted retail prices, customer sales limit, estimated quantities of products and the estimated Sponsor's funds under this Agreement. Article 1. Ter This promotion and Agreement shall be effective for qualifying retail sales on or after October 13, 2005 and no later than December 31, 2005. The parties may agree in writing to extend the term of this Agreement. Article 2. Retailer Promotional Parameters Exhibit `B" lists the retailer promotional parameters pertinent to this Agreement. Manufacturer is responsible for ensuring Retailer's cooperation with these promotional parameters. Article 3. Reimbursement Stiuulations Manufacturer must meet all of the following stipulations in order for retail sales to be eligible for markdown incentive reimbursement payment from Sponsor: 1. The lighting products listed in Exhibit "A" comply with the current ENERGY STAR lighting requirements, which are listed on the ENERGY STAR web site (www.energystar.gov). 2. All products sold under this Agreement are labeled with the ENERGY STAR label, on both the product itself and the retail packaging. 3. All Retailer or Manufacturer -produced point -of -purchase and advertising materials. related to this promotion must be approved by the Sponsor before production and placement of this material. h 4. All Redemption/Invoice Guidelines listed below are adhered to. 5. All Retailer Promotional Parameter; attached as Exhibit `B" are adhered to. Sams Club CFL Mark Down Agt 10-13-05.doc Page 1 of 4 Article 4. Redemotion/Invoim Guidelines Redemption/invoicing for incentives for product sold through this promotion will be submitted by the Manufacturer. Requests for markdown incentive reimbursement payments pursuant to this Agreement shall be submitted to the Redemption Agent. Such Redemption Agent will be designated by the Sponsor, and Sponsor will notify the Manufacturer in writing of such designation. In the absence of such designation, the Sponsor will act as the Redemption Agent and requests for payments shall be submitted to: Fort Collins Utilities, Attn: ENERGY STAR Lighting Program, P.O. Box 580, Fort Collins, CO 80522. The Redemption Agent shrill reimburse the Manufacturer the markdown incentive amount listed in Exhibit "A" for products sold under the texas of this Agreement, within thirty (30) days of receipt of the properly documented invoice from the Manufacturer. The following procedure must be followed to receive payment: 1. Manufacturer must submit an invoice itemizing incentives for which the Manufacturer is seeking payment; invoice must include product model numbers and descriptions (which should match the model numbers and descriptions in this Agreement), quantities of each product sold, markdown incentive amounts for each product, and extended costs. 2. The Manufacturer must attribute all specific invoices to AGT #FC2005-003 and use the Sponsor -provided redemption form cover sheet (available from the Redemption Agent) when submitting for reimbursement. 3. invoices may be submitted on either a biweekly or monthly basis, at the option of the Manufacturer. Any such invoice must be submitted within 15 days of the last day of the invoice period. 4. The Manufacturer must submit SKU-level sales data for the eligible product by store location. These sales data must match the invoice and invoice cover sheet. Sales data must be reported in a format consistent with the sales and inventory management systems) used by the retailer. Article 5. General Terms A. The laws of the State of Colorado will be applied in the interpretation, execution and enforcement of this Agreement. B. Venue for any legal action regarding the interpretation, execution or enforcement of this Agreement shall be in Larimer County District Court in Fort Collins, Colorado. C. Any notice, request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and address as follows: If to Manufacturer: ,Manager - New Business Development General Electric Company 1801 Phyllis Street Bentonville, AR 72712 If to Sponsor. General Manager Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522 Sams Club CFL Mark Down Agt 10-13-05.doe Page 2 of 4 I D. This Agreement is made for the sole and exclusive benefit of the parties and shall inure to the benefit of their respective successors and assigns. It is not made for the benefit of any third party. E. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. F. By executing this Agreement as provided below, Manufacturer accepts the terms and conditions hereof and agrees to abide by them. Manufacturer also represents and warrants that it is authorized to accept the terms and conditions hereof. The individual persons signing below hereby each represent that they are authorized to bind the party they claim below to represent to the terms and conditions hereof. Steven Cunningham / V I \d I Darin Atteberry, City Manager - City of Approved as to form WWI Development — Collins Sams Club CFL Mark Down Agt 10-13-05.doc Page 3 of 4 �• r EXHIBIT "A" Fall 2005 ENERGY STAR Lighting Pilot Program Details Sam's Club, General Electric, Fort uonins ummes Fall 2005 ENERGY STAR Lighting Pilot Program Details Eligible Product Description Units Regular Retail Mark-down Incentive Discount- ed Retail customer Estimated , Estimate Sponsor and SKU Per Pack Price Amount Price sales limit Quantities Funds General Electric 13 watt compact fluorescent bulb 8 $12.73 $4.00 ($0.50/bulb) $8.73 2 packages12,000 1,500 8-packs bulbs $6,000 Sam's Club SKU # 31064 General Electric 26 watt compact fluorescent bulb 6 $15.56 $3.00 ($0.50/bulb) $12.56 2 packages 660 6-packs 3,960 bulbs $1,980 Sam's Club SKU # 47709 TOTALS 2,160 $7,980 • . .._-- � r____r__�__� il-..«....a:..« ....le.. .«e.. :«nh.an env miv of 1. QuantltleS are DaSea OU 5MM VbLIHMLQb JllvvaUc vy quantities of the eligible products. EXHIBIT "B" Retailer Promotional Parameters 1. The Manufacturer acknowledges that this promotion is not exclusive and that other vendors of qualifying lighting products may participate in the promotion by executing an Agreement substantially similar to this Agreement. 2. Manufacturer will actively pursue the use of end -caps or otherwise prominently place eligible product displays in the retail store. 3. Manufacturer supplies an adequate quantity of the products eligible under this Agreement to meet customer demand and the product will be available on the sales floors of the participating stores by the starting date for the promotion. 4. Manufacturer ensures that the Retailer sells the products at the "Discounted Retail Prices" listed in Exhibit "A" of this Agreement. 5. Manufacturer ensures that the Retailer allows the Sponsor to place point -of -purchase signage in the vicinity of the promoted products that includes the Sponsor's logo and the ENERGY STAR logo, and that lists the discounted price and the customer sales limit. The signage will remain in place throughout the term of this Agreement. Sams Club CFL Mark Down Agt 10-13-05.doc Page 4 of 4