HomeMy WebLinkAboutZMAC DBA DOWNTOWN ACE HARDWARE - CONTRACT - AGREEMENT MISC - AMENDMENT TO AGREEMENTFIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 9`h day of November,
2009, 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 # FC2009-01 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, there has been an additional promotion added to this program that allows
customers to buy one LED holiday light string and get one free on Saturday, November 14`h, 2009.
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, aunt pro tunc,
November 9, 2009.
2. Except as amended and modified by this First Amendment, the Agreement shall be
and remain in full force and effect.
3. The Retailer agrees to inform the City of sales data to facilitate future addendums, if
necessary.
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:
James B.;O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
James T. McClelland
ZMAC, Inc.
227 South College Ave.
Fort Collins, Colorado 80524
By: * 1!
Preside t, AC, Inc.
EXHIBIT "A-1"
Fall 2009 Efficient Lighting Program Details
Downtown Ace Hardware, City of Fort Collins, -
Fall 2009 Efficient Li tin Pro ram Details
Eligible Product Description
Markdown '`
Incentive
customer
sales
Estimated
Not -To -Exceed
Sponsor;Funds
Amount
limit ::
Quantitie s"
Light Emitting Diode holiday light
string, power draw not to exceed five
10 strings
watts, when customer does not
$2.00/string
total all
4,000
$8,000
present a coupon authorized by the
products
Sponsor.
Free Light Emitting Diode holiday
light string when customer purchases
one of equal or lesser value, power
$2 00/string
I string per
400
$4,000
draw not to exceed five watts, when
customer
customer does not present a coupon
authorized by the Sponsor.
TOTALS
4,400
$12,000
1. Customers are eligible for both incentives on the day of the Buy -one Get One Free Event, November 141h
between 1Oam and 2pm.
2. Quantities are estimates only. Promotion sales may include any mix of quantities of the eligible products,
as long as the total mark-down incentive amount does not exceed the Not -to -Exceed Sponsor Funds.