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HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9113687Fort Collins PURCHASE ORDER PO Number Page 9113687 1of3 This number must appear on all invoices, packing slips and labels. Date: 06/27/2011 Vendor: 159057 Ship To: POLICE DEPARTMENT ULTRAMAX AMMUNITION POLICE SERVICES 2112 ELK VALE RD 2221 TIMBERLINE ROAD RAPID CITY South Dakota 57701-8526 FORT COLLINS Colorado 80525 Delivery Date: 06/27/2011 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #68004YYY21 P. TRAINING AMMO; PLEASE SHIP TO ATTN: SGT KENT ROBINSON, CONTACT #(970)221-6832. Line Description Quantity Ordered UOM Unit Price Extended Price 1 53652 40cal practice SWAT 1 LOT LS 3,920.00 20 cases @ $196/cs 2 53375 40cal (rang SWAT 1 LOT LS 3,900.00 12 cases @ $325/cs 3 AE223N 223 cal practice SWAT 1 LOT LS 4,488.00 24 cases @ $187/cs a 24603 223RF1 P 223 frang SWAT 1 LOT LS 2,244.00 6 cases @ $374/cs 5 53652 40 cal practice TRNG 1 LOT LS 3,920.00 20 cases @ $196/cs City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9113687 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 53375 40 cal frang TRNG 1 LOT LS 3,900.00 12 cases @ $325/cs 7 AE223N 223 cal practice TRNG 1 LOT LS 4,488.00 24 cases @ $187/cs a 24603 223RFlP 223 (rang TRNG 1 LOT LS 2,244.00 6 cases @ $374/cs Total $29,104.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr TcDUS and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By smmm the City of Fort Collins is exempt fmm state and local town. Our Exemption Number is 11, NON WAI VER. 98o04503. Federal Exec Tax Emmptian Certified, of Registry N4-6o005g] is reglslmed with the Collenor of Failure of the Purchaser m insist.,n war Performance of the icons and condition hereof, failure or delay to Inumal Revenue, Denver, Colorado O rt, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a) c ism any rights or remedies provided harem or by law, milum to promptly notify the Seller in the event of a breach, the acceptance of payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejemed. GOODS RULC IED due to failure ,specdic,lars, eitherwhen shipped or doom JemeB Of any of the warranties or obligations of this purchase order and shall net be deemed a waiver of any right of the damage r may be neJ m you for credo to are not be replaced except upon receipt of written purchaser to insist upon sin m pnfomomcc hereof grads, regardless any ofita rights or Thrombus as to any auto gregardless w uucum ofrom me City ofFon Callini of when shipped, received or accepted, as In any prior or subsequent default hereunder, nor shall any putponed oral modification or rescission of his purchase order by the Punluser operate us a waiver of any of the tames in,schim, GOODS am subject o the City of Fon Collins im,pactian on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to tads order can moult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, author" payment on the pan of the City of Fan Collins. However, it is or be didernvod that FINAL Seller mW the Purchaser recognize Nat in acreal ec is praniu, o rchurges resulting fromdependentantinust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdues r. violations are in fan Nome by the Procluden Thrnrolbnntforgood cause and as consideration for executing His purchase order, the Seller hereby assigns To the Purchaser any and all claims it may now have or hereafter Freight Term%, Shipments most be CON , City of Fort Collins. 100 WOW St. Fort Collins, CO 90522, unless acquired under federal or state antitrvs laws for such overcharges relating to blue particular goods or services wherein, specified on this Order. fpemnission is given to prepay freight and charge separmcly, the original freight purchased or acquired by the Purchaser pusuann to this purchase order. bill most accompany invoice, Additional charges for packing will nob be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OULIGA'I IONS, Shipman Diatince. Where mmmfnumers have Tonight, points in vmicua pans of the matt ,shipment is Ifbhe Purchaser drivers the Seller to comect nonconfomting or ddecrive goods by a dme to be agred upon by the expected fmm the nearest distribution point to destination, and excess freight will be der cted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness be comply, the Purchaser shipments are made from 6rcmer distance. may cause the work to be perfomednd by the most expeditious means available to it, and the Seller shall pay all costs associate with such work. Permits Seller shall preaurc at sellers sole cob an necessary, pans, cndificabe, and licence, required by ell applicable laws, regulation, ordinances and nil¢ wife sum, municiWlity, tcMmry Or political subdivision where The Seller shall release the Parchamr and its commcf rs of any tier fmm all lubiliry and claims ofany name the work is pM rated, or required by any other duly constituted public amhonry having juris inian over the work resulting fmm the performance of such work, of vendee Seller Other agrees I. hold the City of Fort Collin harmless fmm and against all liability and loss matored by them by mason of an madded or established violation affray such laws, regulations, variations, make, This release shall apply oven in the event Of fault of negligence of the parry released and shall extend to the am requiremcros. directors, Oniars and employees of such parry. Aothomaticam All parties To this convect move that the representatives arc, in fact, bona fide and possess full and The Seller's anatomical obligations, including warranty, shall not be deemed To be reduce, in any way, because complete authority to bind wad panics, such work is performed Or caused to be performed by the Purchaser. LIMITATION OF TERMS .'I'bis Purchase OTE, expressly linos a ,,pmnce to the rams and conditions stated herein set faith and any supplementary or additional tense and conditions annexed hereto or incorporated herein by 14. PATENTS, rcicnmeu, Any additional or different action and conditions pripowd by seller are objected in and hereby rcjecmd, Whenever the Scllar is required to use any design, downed, material or process covered by ]error, pmcnl, trademark 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to action on your promised delivery date as noted, Time is ofthe narncc. Delivery and performance most be effected within the ionic stated on the purchase order and the documents switched hnno, No etc of the Purchasers including, without limiulioo, acceptance of partial Imo deliveries, shall opera¢ as a waiver ofthis provision. In The event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option efplacing this order elsewhere and holding the Seller liable for damages. Howcon, the Seller shall not be liable for damages nes a result of delays due In came, a. reasonably lion ruble which me beyond its reasonable co eml and without its lose, of negligence, such cars af(md, acts of civil or millmry authorities, governmental priorities, tires, strikes, flood, epidemics, wars or mints provided In., notice of she conditions causing such delay is .,an to the Purchase, within five (5) days of the rinse when he Seller fin, orimeN knowlcdgc thereof. In the event of such delay, the dare afdclivery shall be extended for the period coral to the fine actually lost by reason mine delay. 3. WARRANTY. The ScHer warrens that all Sams, anlcln, materials and work covered by this order will comment with applicable drawing, specification, samples and/or what dnniption given, will be fit for the purposes intended, and performed with the highest degree of can and eomphade, in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hmmlos fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, retortion make good, without com on the purchaser, any defects or faults arising within one (1) year or within such longer period of lime as may be prescribed by law -by the reins of any applicable warranty, provided by He Seller title, he door of acceptan ce ofthe goods furnished hereunder (acecpec not to be unreasonably delayed), resulting front inferrer r defective work done or materials furnished by the Seller, Acceptance or use afgoods by the Parent shall not constitute a waiver ofany claim under This w.mamy. Except n dherwise provided in this purchase order, the Seller, liability hereunder shall extend 1. all annuities proximately caused by the breach of any of the foregoing warmmies or guemwA,c bra such liability shall in no event include loss of proms or lass arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. i. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Ic,d ¢rats by warren change order. 5. CHANGES IN COMMERCIAL TERMS. T he Purchaser may make any changes to the temn, other than legal terms, including addition to or deletions firm the quantities annually ordem l in the specification or droomp, by verbal or writen change orderif any such change affects the amount due err the time of perfw wawa hereunder, an equitable adjustment shall be mule, 6, TERMINATIONS, TM1a Purchaser may at any time by written change coder, mmurche Nis agreemnn as to any or ell punions of the goods then not shipped, subject to any equiublc adjntment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the unevmplcicd portion of the good_," anNur work, for otcidona) or consequential damages, and That no such adjustment he me in favor ofthe Seller with respect to any goods which are the Sellers standard sock No such reformation shall relieve He Purchaser or the Soler crony of their obligation To to any goods dclisemd fiercuttler. ]. CLAIMS FOR AD]USTMRN 1. Any claim for adjntmem nun be asserted within Barry (30) days fmm the date the change or termination is .memo X. COMPLIANCE WITH LAW, The Scllar --.Is That toll goods son hcrctant, shall have been produced, sold, delivered and furnished in sinat compliance win all applicable laws and regulators, to which The goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws end m,fludiom required to be neogwracd in agreements of this character are hereby i... v mJ herein by This reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and dmnaga suffered by the Purchas,r as a result of the Sellers failure to comply wiib such law. 9. ASSIGNMENT, Neither pony shall assign, member, or convey this order, or any monies due or to become due hereunder without the prior sermon consent Orin, other party. 10. TITLE. The ScI let warrants full, clear and unrestricted tide To the Purchaser for.11 cgaipmcm, maerials, and items furnished in pv t...once of This agmcnmm, free and clear of any and all liens, restrictions, reservation, security in finest encumbrances and claims of ethers, or copyright, the Seller shall indemnify and save harmless the Purchaser frown any and all claims fro infringement by reason of the use of such pmenmd design, device, material or process in Cormmtion with the conwn, and Oat[ indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by Trump of such infringement at any time drain, the prosecution or alter The completion of the work. In case said equipment, or any pan thereof or the intende use of the goods, u in such suit held to consimte infdnprohnl and the use of .fit equipment or pan is enjoined, the Seller JmIL at its own expense and at its option, either mand for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall bee T, ..Ivan, on London make u assignment for The benefit of tradition upai., v receiver or madmc lot any or the Sellers propmey or business. This tome, may forthwith be <.,,acted by the Purchaser without liability. 16. GOVERNING LAW. The definitions of to..md or she iwerpretarom of ,hc ago emem.ad the rights ofall parties hereunder shall he ommund! under and Unsecured by the laws ofthe Sum of Colorado. USA. The following Additional Condition apply only in cases where the Seller is to pnfmm work hereunder. including the services of Sellers Represenu,ive(s), on the premises of miters. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Seller's own risk until the same is fully completed and warned. and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser, When materials and equipment are burnished by others for installation or ereeli9n by the Seller, the Seller abal receive, unload, ,time and handle same .1 the site and become respomible nereHur as Health such marenals and/or equipmrna were living Perished by the Seller utder the order. 18. INSURANCE The Seller shall, at his own expne, provide for ahe Wymrnl of workers comprnsadow, including oeeupftiotul disease banefiu, to its employees employed on or in connection with the work covered by this purebase oedca and/or to their dependents in accordance with the laws of the some in which the work is to be donor The Seller shall atw cony comprehensive grneral liability including, bur not limited to, contmncal ead.momoblle public liability insurance with bodily injury and death limits of at least $300,000 for any one person. 5500.000 for any one ardent and propny damage limit per accident of S400,000. The Seller shall likewise rcquim his onvacmrs if any, to provide fur such compensation and insurance. Before any of the Sellers or his contractors employees shall du any work upon The prom ke, Of other,, the Salle, shall furnish The Pwatchom with a cunif,ewe that such compensation and insurance have been provided. Such c nifinms shall specity The data when such compensation and insurance have been provided Such ecnific dos shall specify The dam when such compensation and insurance expire, The Seller agrees that such comprnmlion and insurance shall be maintained until after the rime or, is completed and ecooled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire on agesibiliry aM liability fro any aM all damage, loss or injury Of., kind or whore whandever to permit or property caused by or reachingfmm the execution ofthe work provided for in this purchase Order or in connection herewith. The Sc11er will indemnify and bold harmless the Purchaser and any or all of the Purehamrs officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whither direct Or indirect, am whether toPersons or property, to which the Purchaser may be put or subject by reason of any act, n,gluc4 omission or default on the pan m the Sale, any of his contractors, or any of the Sellers or contractors olilcers, agents or employees. In ca any veil or other proendings shall be brought against the Purchaser, or its officers, agents or employees at any time On account or by Tenon of any act, action, neglect, omission or default of the Seller of any of his contractors or any Of its or their officers, agents Or employees n aforesaid, the Seller hereby agrees to assume The defined thereof and to defend The tame au he Sellers town expense, to pay any end all casts, charges, anomrys fees atul other oxpncs, any and all judgments that may be incurred by or obuine against the Purchaser or any of its or their o0icer , .M. or employees in such suits of mhrr laradeachal. and in case judgment or other lion he placed upon Or obuined against the preen, of Ibc Neuman, or said panics in or as a result ofsuch suits or over proceedings, The Seller will at once cause the same to be dissolved and Exchanged by giving bond or ofhcru'ise, The Seller and his contractors shall like all safety precautions, famish and install all guards necessary for the prevention of accidents comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010