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HomeMy WebLinkAboutDRAKE HARDWARE AND LUMBER - CONTRACT - AGREEMENT MISC - DRAKE HARDWARE LEDJ, FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into this 9th day of November, 2009, by and between THE CITY OF FORT COLLINS, COLORADO, ("City") and DRAKE HARDWARE & LIMBER, LLC, 2160 West Drake Road, Unit 5A, Fort Collins, Colorado 80526 WITNESETH: WHEREAS, the City and Retailer entered into an Agreement AGT # FC2009-03 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 10, 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, nuns pro tune, 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. Js 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 � L B James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Scott Glasscock Drake Hardware & Lumber 2160 West Drake Road, Unit 5A Fort Collins, Colorado 80526 By: 4eh Owner, Drake Hardware & Lumber M, EXHIBIT "A-1" Fall 2009 Efficient Lighting Program Details Drake Hardware and Lumber, City of Fort Collins Fall 2009.Efficient.Li htin Pro ram Details Markdown Customer Estimated Not -To Exceed Eligible Product, Description Incentive :., , sales 2 Quantifies:Sponsor Funds Amount _:, limit . ........ . Light Emitting Diode holiday light string, power draw not to exceed five 10 strings watts, when customer does not $2.00/string total all 1,000 $2,000 present a coupon authorized by the products Sponsor. Free Light Emitting Diode holiday light string when customer purchases Variable One string one of equal or lesser value, power based on per 150 $1,500 draw not to exceed five watts, when customer does not present a coupon string price customer authorized by the Sponsor. TOTALS 1,150 $3,500 1. Customers are eligible for both incentives on the day of the Buy -one Get One Free Event, November 14`h 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.