b) On used books, including cloth, paperback and others, not more than 75% of the current new
textbook selling prices.
c) On general merchandise (clothing, giftware, supplies, etc.), at prices competitive in the local area
and not more than the normal gross margin for similar merchandise in the college bookstore
industry.
d) Rental textbooks shall be rented at no higher than 50% of the current new textbook retail price.
e) There will be no add-ons or surcharges to cover freight, handling, publisher restocking fees, etc.
That is, the pricing formulas set forth in this Section 9.2 will be applied to the actual price listed on
the publisher's invoice in order to determine the selling price of a particular textbook/course
material.
f) For purposes of explanation, the term "gross margin" as is used in this Section 9.2 relates to a
retail industry standard calculation used to measure profitability. The calculation uses, identifies or
determines three variables: sales price, purchase cost and profit margin. The formula for
establishing the sales price for a textbook with a 25% profit margin is [invoice cost / .75 = sales
price]. For example, using $100 as an invoice cost: $100 (invoice cost) / .75 (25% profit margin) =
$133.33 (sales price). The terms "margin" and "markup" are two different concepts that have
distinctly different technical meaning and calculation methods. In the example above, the markup
over cost is 33.33% while the profit margin is 25%.
10. Section 10.1 of the Agreement is amended to read as follows:
Follett shall pay commission to District at the address stated in Section 16:
15.0% of all Gross Revenue up to $3,000,000; plus
16.0% of any part of Gross Revenue over $3,000,000 (collectively, "Gross Percentage Payment
Formula")
As used in this Section 10, Gross Revenue is defined as all sales made by the Store or the Store’s
world wide web page, catalog, or mail order function (if any), including text rental fees and
replacement costs of rental texts not returned, but excluding any text rental processing fees, less
refunds, returns, taxes, commissions earned from rings and graduation regalia, allocations of Follett-
funded scholarships, discounted sales to departmental faculty, staff and others under this
Agreement, and sales at less than a 20% gross margin, including but not limited to computer system
sales, (such as software, hardware and components) and consumer electronics (such as mp3 players,
digital cameras and e-readers), all as reasonably calculated by Follett. When Follett sells digital
content as agent, Follett’s agency fee shall be the applicable gross revenue. Follett will provide a
guaranteed annual income each contract year to the District equal to the greater of $400,000, 90%
of the annual commission paid to the District during the previous contract year, or the Gross
Percentage Payment Formula. The annual commission received by the District shall be allocated as
follows: all to Student Activities, except $30,000 to the Library, and $50,000 to the Facilities
Department. In consideration for entering into this Second Amendment and in recognition of the
increase in the Gross Percentage Payment Formula, for the Bookstore Fall Rush Sale in 2014, Follett
agrees within thirty (30) days following the Effective Date of this Second Amendment to make an
additional one-time commission payment of $112,000 to the District. On any termination,
expiration or non-renewal of this Agreement, District shall pay Follett the unamortized book value
10495v1 / CCC.40