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HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9121010PURCHASE ORDER PO Number Page City Of 9121010 1 of z ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 02/17/2012 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: 02/16/2012 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #68004YYY21 P. SWAT AMMO; PLEASE SHIP TO ATTN: SGT DAN MURPHY, CONTACT #(970)416-2660. Line Description Quantity Ordered UOM Unit Price Extended Price 1 53652 40 cal 180 FMJ 1 LOT LS 2,940.00 15 cs @ $196/cs 50,000 rounds 2 223R10P 223 62Gr FMJ 1 LOT LS 9,450.00 30 cs @ $315/cs 50,000 rounds 3 53375 125Gr .40cal frang 1 LOT LS 3,250.00 10 cs @ $325/cs 50,000 rounds 4 223RF1 P 42Gr frang remanuf 1 LOT LS 1,300.00 10 cs @ $130/cs 4,000 rounds City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the Cie, of Fun Collins is exempt from state and loud taxes. Our Exemption Number is I I. NONWAIVER. 98-W502. Federal Excise Tax Exemption Ccnificate of Registry Res-60(10587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to I ntemal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-2(., 114 (a). exercise any eight., or remedies provided herein or by law. failure to pmnrptly notify the Seller in the event of a breach, the acceptance Offer payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure Ia meet specifications, either when shipped or due to defects of any of the 0amnties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance Immofor any Of its rights err remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior Or saabsegacnl default hereunder, nor shall any parponed oral niMification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection, GOODS arc subject to the City of End Collins inspection on moved. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can resadt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, However, it is to be undcrstond that FINAL Seller and the Pumhascr recognize that in actual economic practice, neceeharges resulting front antitrust ACCEPTANCE is dependent upon completion off]] applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for caccuring this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fan Collins, Mr, Wood St.. Fon Collins. CO 80512, unless acquired tender federal or state antitrust Imes for such overcharges relating to the particular grads or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective grads by a date to be agreed upon by the expected fmm the nearest distribution point to destimition, and excess freight will be deducted fmm Invoice when Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the work to be performed by the most cxpeditimrs means available to it, and the Seller shall pay all costs,assmiamd with such work. Permits. Seller shall procure at sellers sole coast all necessary permits, certificates and licenses required by all applicable Ines, regalations, ordinances and rates of the state, municipality, territory or political suh]ivision where the work is perfumed, or required by any other duly eonnitutcd public amhonty having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fort Collins harmlczs four and against all liahility, and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onliannecs, rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set faith and ray supplementary or additional term and conditions annexed hereto or incorporated herein by reference. Any additional or different tcmx and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE, ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is nfthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents ranched hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries shall operate as a waiver ofthis provision. In the event ofnny dcluv, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However. the Seller shall not be liable for damages as a result of delays due to causes not rensanebly foreseeable which are beyond its reasonable control and without its fault Mnegligcncc, such acts of God, acts ofcivil or military authorities governmental priorities, fires, strikes food, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of deliverer shall be extended for the period equal to the time actually lost by reason of the dc]ay. 3. WARRANTY. The Seller wamnts that all good, anicics, materials aad work covered by this order will conform with applicable drawings, specifications, samples andfor other doeriptinas given, will he fat for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss. damage or expense which the Purchaser may suffin or incur on account of the Sellers breach Ofwamnry. The Scllcr shall replace, repair Of make good, withmd cost to the purchaser, any defects or faults arising within one (O year or within such longer period of time as may be prescribed by Inv or by the terms ofnny applicable warranty provided by the Scllcr after the date of acceptance of the Foods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller, Acceptance or use of goods by the Paarcha cu shall not constitute a waiver of any claim undo this want rely. Except as otherwise Provided in this purchase Order, the Scllcrs liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing wmmntics or guarantees. but such liability shall in no event include loss of profits or lox of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal mores, including additions to or deletions From the quantities ongianlle ordered in the spceifaemioas err drawings, by verbal or vritwre change node,. If any such change affects the amount due or the time oflmfam eacc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Pnrehnser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment bmwccn the panics as to any work err mmerixls then in Fog,", provided that the Purchaser shall at be liable for any claims for anticipated profits on the uncompleted portion of the goods andior work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler x ith respect to any goods which arc the Sellers standard stock. No such temaination shall relieve the Pnrchascr Or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be msserted within them (30) days from the date the change or tcmemation is mdcrcd. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hcrcundcr shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required tO effect or evidence compliance. All Imes and regulations required to be incogaamed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages saRved by the Purchaser its a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. me asfcr, or convey this order, or any monies due or to become due hereunder without the prior wTimn consent of the other party. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in Performance of this agreement. face and clear of any and all liens, restrictions, resenatiort, security interest ane.ad tunes end claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature msulting from the performance of such work. This release shall apply even in the event of fault of negligence of the puny released and shall extend In the directors, officersand employees ofsuch party. The Seller's contractual obligations. including warranty. shall not he deemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent. trademark or copyright. the Scller shall indemnifv and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, deice, material or pmeexs in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of stash infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the grads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, rat its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15, INSOLVENCY. If the Scllcr shall become insotvcat m bankrupt, make an assignment for the benefit of creditors, appoint a receiver Or trustee for any of the Sellers property or business, this order may fudiwith he canceled by the Purchaser whhona liability. 16. GOVERNING LAW. The de iniaions oftcma used or the interpretation ofthe agreement and the rights ofall parties hernodcr shall be construed under and governed by the Imes afthe State of ColOmdo, USA. The following Additional Conditions apply Only in cases where the Seller is to perform wmk hereunder. including the sen'iecs of Scllcrs Represenmlive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the time is fully completed and accepted, and shall. in case 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 nail to the satisfaction of the Purchaser, When matcrials and equipment arc famished by others for installation or creetian by the Seller, the Seller shall receive, unload, .store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished leveler Scllcr under the order. Ill. INSURANCE:. The Seller shall, al his own expense, pmvidc for the payment of workers compensation. including oceupmional disease benefits, to its cmployms employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the or, is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability im,uranec with bMily injury and death limits oral (cast S100,000 for any one parson. S5110." for any one accident and property damnge limit per accident of S400,(N)0. The Seller shall likewise require his contractors, treaty. to provide for such eampensallan and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a eenifieate that such conpcnsution and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and iasumace have been pmvidcd. Such certificatcs shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assume. the ,.mire rcxpomibility and liability for any and all damage, loss Or injury arrow kind or nature whatsmecr to persons or propem caused by or resulting farm the execution ofthe work pmvidcd far in this purchase order or in connection herewith. The Seiler will indemnify and hold hurmless the Pumhascr and any or all of the Puchnsers officers, agents and employees Exam and against any and all claims, losses. damages. charges or expenses, whether direct or indirect. and whether to persons or property to which the Pumhascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellars or counni oRecm, agents or employees. In case any suit or other pmccedings shall be hmught against the Purchaser, or its officers, agents or employees at any time on account or by reason of any net. action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defence thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, emomcys fees and other expanses, any and all judgments that may be incured by or obtained against the Pumhascr or any of its or their officers. agents or employees in such suits or Other proceedings. and in ease judgment or other lien be placed upon or obtained against the prepeny of the Purchaser, or said panics in or as o result of such suits or other pmceedings, the Seiler will at Once emasc the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards accessary for the ptavention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and I Icalth Act of 1970 and all mles and regulations issued pursuant theme. Revised 03/2010