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HomeMy WebLinkAboutACE HARDWARE - CONTRACT - AGREEMENT MISC - AGT FC2007-01 LED LIGHTING PROGRAM EFFICIENT LIGHTING PROGRAMFIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into this 13`h 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 tunc, 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 By:_- B. O'Neill II, CPPO, FNIGP )r of Purchasing and Risk Management James T. McClelland ZMAC, Inc. 227 South College Ave. Fort Collins, Colorado 80524 By:C,11;4, 10 Preside , AC, Inc. EXHIBIT "A-1" Fall 2007 Efficient Lighting Program Details Downtown Ace Hardware, City of Fort Collins Fall 2007 Efficient Li tin Pro ram Details Markdown Customer Estimated Not -To -Exceed Eligible Product Description Incentive sales 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 strinas 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. TOTALS 2,375 $6,300 1. Customers are eligible for one or the other incentive; i.e. the two incentives may not be combined. 2. Quantities are estimates only. Promotion sales may include any ►nix of quantities of the eligible products, as long as the total mark-down incentive amount does not exceed the Not -to -Exceed Sponsor Funds.