HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9123507City of
�,.�t Collins
PURCHASE ORDER
PO Number Page
9123507 1 of 3
This number must appear
on all invoices, packing
slips and labels.
Date: 06/15/2012
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: 06/15/2012 Buyer:
ED BONNETTE
Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #68004YYY21P.
PLEASE SHIP TO ATTN: SGT JEREMY YONCE; CONTACT #(970) 221-6832.
Line Description Quantity UOM Unit Price
Ordered
Extended
Price
1 LE223T3 LE 62gr Tactical Bond 1 LOT LS
9,040.00
8000 rounds @$226/cs of 200
We are in need of the following ammo (from Ultramax):
Item # LE223T3:.223 duty ammunition, Federal LE 62 grain Tactical Bonded soft point. 8000 rounds.
$226/case of 200 = $9040
Item # 223R10P:.223 practice ammunition, 62 grain full metal jacket. 15 cases of 1000 at $315/case = $4725
Item # 53962:.40 S&W duty ammunition, Speer Gold Dot hollow point 180 grain LE. 10,000 rounds. $305/case
of 1000 = $3050
Item # 53375:.40 S&W frangible practice ammo 125 grain. 50,000 rounds. $341/case of 1000 = $17,050
2 223R10P 62 gr FMJ 1 LOT LS
4,725.00
15cs @$315/cs of 1000
3 53692 S&W .40 180gr LE 1 LOT LS
3,050.00
10cs @$305/cs of 1000
4 53375 S&W .40 125grn Frang 1 LOT LS
17,050.00
50cs @ $341/cs of 1000
9mll-� Q. 0;U:9-ems
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C117/ Of 9123507 2 of 3
�} Collins
This number must appear
` ` 1 1�7 on all invoices, packing
slips and labels.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 $33,865.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
L COMMERCIAL DETAILS.
Tux exemptions. By ,.,are the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Catlficmc of Registry 84-6000587 is registered with the Collector of Failure at The Purchaser to insist upon strict perfomou ce of the terms and conditions hereof; failure ar delay to
Interred Revenue, Deaver, Colorado (lief. Colorado Revised Swmtcs 1973, Chapter 39 26, 114 a). exercise any rights or r nedws provided hcrcin or by law, failure to promptly notify the Seller in the usual of a
breach, the acceptance oferpayment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to Inilere to meet specifications, either when shipped ordue to deices of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the
damage in transit, may be roomed to you for credit and arc not to be replaced except upon rcmipt of written purchaser to insist upon strict performance hcrcofor any of its rights or remedies us to any stich goods, regardless
nouractimts from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
end nmditieation or rescission of this purchase runic, by the Purchuscr operate as a wuivcr of any of the terms
Inspcclion. GOODS are subject to the City of Fon Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, a- es or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acted economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Thercmforc, for good cause and as cOitsldcratlan fur executing this
purchase order, tiro Seller hereby usigns to the Purchaser any and all chins it may now have or hereafter
Freight Toms. Shipments must be F.O.B., City of Fort Collins, 7W Wood St., Fun Collins, CO 80522, unless acquired under federal or state antimut laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If t rmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this pureltiew order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is If the Purchaser direct, the Seller to correct nonconforain g or defective goods by a date to be agreed upon by the
cxp end from the numcm distribution point to destination, and excess freight will be deducted (runt Invoice when Purchaser and the Seller, and the Seller thereaficr, indicates its inability or muvillingness to comply, the Purchaser
shipments are made front greater distance may cause the work to be perforated by the most expeditious means available to it, and the Seiler shall pay all
eau, o..,r,.m.n .. fl, o-h —A
Permits. Seller shall procure at sellers sole east all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinmteas and miles of the state, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees o hold the City of Fort Collins Inmates, from and against all liability and loss
incumd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and requirements.
Amhurization. All parties to this contract agree that the representatives are, in fact, bona tide and possess full and
complete authority, m bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your
promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the linic
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate ex a waiver of this prevision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided 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 dote of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the pugwus intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hamiless from any loss, damage or expense which the
Purchaser may sulTer or incur on account of the Sellers breach of warranty. the Seller shall repinee, repair or make
god, without cost to the purchaser, any defmts or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the [emu of any applicable wamnty provided by the Seller after die date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance of use of goods by the Purchaser shall not
consul ore a waiver of any claim under this wummny. Except as otherwise provided in this pure haw order, the Sellers
liubil ity hereunder shall extend to all damages proximately caused by the breach of any of the furcgoing warn unt ice
or guarantees, but such liability shall in no event include loss ofprofits or loss 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 onier.
S. CHANGES IN COMMERCIAL TERMS.
Thu Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change aide. If any such
change affects the amount due or the time of i rf'urnwnce hereunder, an equitable adjustment Shull be made.
6.TERMINATIONS.
The Purchaser may at any time by written change orders terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials their in
progress provided that the Purchaser shall our be liable for any claims for anticipated profits wi the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that im such adjustment be made in
favor -Fill, Scllcr with respect to any goods which are the Sellers standaN stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assented within thirty (30) days from the date the change or tcnninutlon is
ordered.
8. COMPLIANCE WITH LAN'.
The Sella warrens that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such doemocau; us may be required to coca urevideacc compliance. All laws and regulations required to be
incorporated in agrccmcnts of this clwracter are hereby incorporated herein by this reference. "fire Seiler agrees to
indemnify and [told the Purchaser harmless from all costs and carriages suffered by the Purchaser as a result of die
Sellers failure m comply with such law.
9. ASSIGNMENT.
Ncithcr party shall ussiga, transfer, or convey this order, or any monies due or or become due hereunder without the
prior written unusual ofthe other puny.
10. TITLE.
The Seller warrants, full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, frue and clear of any and all liens, restrictions, reservations, security interest
ciu unbnnees and quints of other,.
The Set I,, shall release the Purchuscr and its contractors of any tier from all liability and claims of any nature
resulting trait the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
direaun, officers and employees ofsuch puny.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or pnmess covered by Icri patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the eonlrucr, and
shall indemnity the Purchaser for any cost, expense or duniagc which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In caw said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, eitlicr procure for the
Purchaser the right to continue using said equipment or parts, replace the sane with substantially equal but
noninfiinging equipment, o-modify it so it bacons umin fringing.
15. INSOLVENCY.
If the Seller sbell becoure insolvent or batikmpt, make an assignment for the benclit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftem s uwd m the interpretation ofthc agreement and the right ofall panics bercundcr shall be
consumed under and governed by'the laws of the State of Colomdo, USA.
The following Additional Conditions apply only in caws where the Seller is to perform work henundcr,
including die services of Sellers Rcprewnwtive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Scllcr shall carry on said work at Setters own risk until the s uric 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 al Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others fur installation or erection by the Seller, the Seller shall receive, unkind,
store and handle same at the site and become responsible therefor as though such nanria6 and/or equipment
seem being furnished by the Seller under the aide,
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of porkers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the lases of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limit of at least $300,000 for any one person, S500,000 for any
one accident and property damage lint it per accident of S400,000. The Seller shall likewise require his
contractors, Warty. to provide for such cwnpensation and insurance. Before any of the Sellers or his commaors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensmimt and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify she date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be nninfained until after the
entire work is completed and accepted.
19. PROI'ECf10N AGAINST ACCIUEN'I'S AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any .,,it all damage, loss or injury of any kind
or nature whatsoever to persons or propcny caused by or resulting from the execution of the work provided for in
this purchase onieror in connection herewith. The Seller will indemnify and hold hmmI,, the Purchaser and any
or all of the Purchasers officers, agent, .,,it employees from and against any and oil claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sailer, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their ofticcrs, agents or employees as aforesaid, she Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers men expense, to pay any and all casts, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects,
agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or
obtained against the property of the Purchuscr, or said parties in or as a result of such suits or other proceedings,
the Seller will at once come the same to be dissolved and discharged by giving bond or otherwise. I"he Seller and
his conuuctns shall take all safely 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 An of 1970 it all rates and rcgulaions issued pursuant thereto.
Revised 03/2010