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Home My WebLink About494607 JOSEPHS HARDWARE & HOME CENTER - CONTRACT - PURCHASE ORDER - 9121124Mark -Down Promotional Fee Agreement for 2012 Efficient Lighting Program _ tom.e Center'an'd City of°Fort:Collins, Colora o -... Josephs' Hardware & Home Center, 2160 W Drake Rd Unit A5, Fort Collins, Colorado 80526 (Retailer) and City of Fort Collins, Colorado (Sponsor) hereby jointly agree to participate in a special "mark-down promotional fee" program in order to promote the sale of Energy Star efficient light emitting diode (LED) bulbs through the Retailer in Fort Collins, Colorado. The Sponsor will pay a markdown incentive fee to the Retailer for each eligible product sold at the 2160 W Drake Rd Unit A5 location at a discounted price under the terms of this Agreement. This is a component of the Sponsor's 2012 Efficient Lighting Program. Exhibit "A" lists the products eligible for the mark-down incentive, the mark-down incentive amount per product sold, customer sales limit, estimated quantities of products and the not -to -exceed limit on the Sponsor's funds under this Agreement. At the option of the Sponsor, based on actual sales during the promotion, a change order may be issued to increase/decrease quantities of this Agreement or extend the contract period. Article 1. Term This promotion and Agreement shall be effective for qualifying retail sales on or after February 1, 2012 and no later than December 31, 2012, except that Sponsor's obligation to pay the markdown incentive reimbursements provided hereunder shall be limited to the amounts set forth in Exhibit "A". The parties may agree in writing to extend the term of this Agreement. Article 2. Reimbursement Stipulations All of the following stipulations must be met in order for retail sales to be eligible for markdown incentive reimbursement payment from Sponsor: 1. The eligible products will be available on the sales Floors of the Retailer by the starting date for the promotion. 2. All Retailer -produced point -of -purchase and advertising materials related to this promotion must be approved by the Sponsor before production and placement of this material. 3. The Retailer will allow the Sponsor to place point -of -purchase signage in the vicinity of the promoted products that includes the Sponsor's logo, the discounted prices and the customer sales limit. The signage will remain in place throughout the term of this Agreement. 4. The Retailer sells the products listed in Exhibit "A" of this Agreement, at a retail price reduced by the Sponsor's markdown incentive. 5. The Retailer provides actual store sales data on the products listed in Exhibit "A" of this Agreement, for the period of the promotion. All sales data must be generated from the Retailer's computer -based point -of -sale system or an alternative format approved by the Sponsor. An example of sales data must be submitted by the Retailer and approved by the Sponsor prior to the beginning of the promotion. 6. The Retailer's staff is trained about LED bulbs and the specifics of the promotion by the Sponsor, prior to the beginning of the promotion. 7. All Redemption/Invoice Guidelines listed below are adhered to. Josephs' Hardware LED bulb Markdown Agt 2012.doc Page I of 4 Article 3 Rm edeotion/Invoice Guidelines Redemption/invoicing for incentives-for.product9.0 through this promotion will be submitted by the Retailer to ::.:the Redemption Agent::Such Redemption Agent will be designated by .the Sponsor, and Sponsor will notifyythe Retailer m writing of such designation: In the,absence of such designation, the Sporr"sor will;act as the Redemption Agent and'requests.for payments -shall be submitted to: Fort Collins.Utilines ,Attn: Effictent,Lighting Program, P.O. Box 580; ForCCollins, CO 80522i The Redemption Agent shall reimburse the Retailer the instant markdown incentive amount listed in Exhibit." A" for products'sold under the terms. -of this' Agreement, within thirty(30) days of receipt of the properly documented invoice;from the Retailer.. The following procedure must be followed.to: receive payment: 1: The Retailer inust submit an invoice itemizing incentives for which the Retailer is 'seeking payment; invoice must include prod ii:Cniodel numbers and descriptions; quantities of each,product sold; markdown incentive amounts'for each.product, and extended costs. 2. The Retailer must attribute all spcafic invoices to ACT NFC2012-02 and use the Sponsor -provided redemption form cover sheet (aQallable 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, Retailer. Any such invoice must be submitted within'15_ days of the'last day of the invoice period. 4. The Retailer must submit SKU-level sales data for 66 eligible produaby store location. These sales data must match the invoice and invoice cover sheet Sales, ata must be reported in a format consistent the sales and inventory management system(s). used by Retailer. Article 4. General Terriis: 1. The,laws of the State of Colorado will be applied in the interpretation, execution and enforcement of this Agreement. 2. Venue. forany legal action regarding the Interpretation, execution or enforcement o_ f this Agreementshall be in LarimecCounlyDistrict.Court in Fort Collins, Colorado. 3 Any,-notice,.request; demand, consent or approval, or other communication required or permitted hereunder will bean writing and will be deemed to have been given wlienpersonally:delivered or deposited in the United State's mail with proper postage and addiessed.a's follows: If to Retailer: Matt Chavez Josephs',Hardware & Home Center 2160 W,Drake-Road Unit A5 Fort Collins, Colorado 80526' If to Sponsor: Gen6ral,Manager Fort .Collins, Utilities 700 Wood.Street P.O Boz 5W0 ;. Fort Collins, Colorado 80522 Josephs': Hardware CED but Markdown Agt 2012.doc,. Page 2 of 4: _ No Text Josephs' Hardware, City of Fort Collins 2012 Efficient Lighting Program Details Eligible Product Description Markdown Incentive' Customer Estimated Not -To -Exceed - Amount sales limit Quantities' Sponsor Funds . Energy Star approved Light :Emitting - Diode bulbs retailing for $29:99'and - $1000lbulb1 / '.10 bulbs: -`totalall- 'above m when customer does hot,-. .- Package 250 $2,500 present a coupon authorized by the products 'S Onsor. TOTALS 1: • .250 $2,500 vY V Quantities aie estimates only. Promotion sales may include any mix pf quantities. of the eligible' products, as long as the total:inark-down incentive amount does not exceed the Not -to -Exceed Spotisor Funds. ephs Hardware�LED bulb:Mwkdown Agt 2012.doc Page 4 of.4,`;