HomeMy WebLinkAbout107722 NEVE'S UNIFORMS & EQUIPMENT - PURCHASE ORDER - 9123508PURCHASE ORDER PO Number Page
City of 9123508 1 of z
' `t Collins
OI l I n L+J This number must appear
on all invoices, packing
slips and labels.
Date: 06/15/2012
Vendor: 107722 Ship To:
POLICE DEPARTMENT
NEVE'S UNIFORMS & EQUIPMENT
POLICE SERVICES
5120 OSAGE ST SUITE 200
2221 TIMBERLINE ROAD
DENVER Colorado 80221
FORT COLLINS Colorado 80525
Delivery Date: 06/15/2012
Buyer: ED BONNETTE
Note: PLEASE SHIP TO ATTN: SGT JEREMY YONCE; CONTACT #(970)221-6832.
Line Description Quantity
Ordered
UOM Unit Price Extended
Price
Lot #5307191 9mm FX Red 1 LOT
LS 4,120.00
8000 rounds @$515/cs of 1000
We are also in need of simunition marking catridges (from Neve' s):
-Lot # 5307191: 9 mm FX red. 8000 rounds. $515/case of 1000 = $4120
•Lot # 5358311:.223 FX red. 4000 rounds. $660/case of 1000 = $2640
-Lot # 5500301:.38 caliber FX red. 1000 rounds. $558/case of 1000 = $558
2 Lot #5358311 223 FX Red 1 LOT
LS 2,640.00
4000 rounds @$660/cs of 1000
a Lot #5500301 .38 FX Red 1 LOT
LS 558.00
1000 rounds @$558/cs of 1000
Total $7,318.00
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 II, 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 Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fart Collins is exempt from state nod local taxes. Our Exemption Number is I L NONWAIVER.
98-I0502. Federal Excise Tax Exemption Certificate of Registry 54-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26, 114 (a), exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchnsc order and shall not be deemed a waiver of any right of the
damage in transit, may be rammed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreofor any of its rights or remedies as to any such goods, regardless
instructions four the City of Fort Collins. of when shipped received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification of 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 Fad Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services 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. Hmsever. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcednrcs. violations arc in fact home by the Purchoser. Theretofore, for good cause and as consideration for execming this
purchase order, the Seller hereby ,assigns to the Purchaser any and all claims it may now have or hereatler
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the panieulnr goods or services
othens'ise specified oa this aide,. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pomhnser pursuant to this purchase 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 points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to beagreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made firma, greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall pmcurc at sellers sole coat all necessary Permits, certificates and licenses required by all
applicable laws, regulations, ordinances and talcs ofthe state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fart Collins harmless form and against all liability and loss
incurred by them by reason of an asserted or established violation of any such Imes, regulations, ordinances. roues
and requirements,
Aulhnrization. All panics to this contract agree that the representatives arc, 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 more; and conditions stated
heroin set faith nad any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objcated to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is ofthe essence. Delivery and Performance must be effected within the time
stated on the purchase order and the dcnments attached hereto. No acts of the Purchasers including. without
limitation, acceptance offa lial late deliveries, shall operate as a waiver of this prevision. In the event of nny dairy,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing this order clsmvhem
and holding the Seller liable for damages. However, the Seller shall not be liable for damages its a result o-delays
due to causes not reasonably fors ucable which arc beyond its reasonable control and without its fault of negligence.
such acts ofOod, acts ofcivil or military authorities. governmental priorities, fires, strikes. Bond, epidemics. wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wzmants that all goods. articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the purposes 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 harmlcss fmm any loss. damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without coat to the purchaser, any defects or faults arising within one (1) year or within such Im gc, perind of
time as may be prescribed by law or by the terms affinity applicable warranty provided by the Seller after the date of
acceptance ofthe goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
or deli ctive work done Or materials furnished by the Seller. Acceptance or use of good by The Purchaser shall not
constitute a waiver o(any claim tinder this union. my. Except as otherwise pmvidcd in this purchase order, the Sellers
liability hcrcundcr shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guaranmes, but such liability shall in no event include loss of profits or loss of usc. 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.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the ganatities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
grads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
pmgms,s provided that the Ptrchaur shall not he liable for any claims for anticipated profits on the uncompleted
portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any fund which arc the Sclicrs standard snick. 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 asserted within thirty (30) days fmm the date the change or termination is
ordcmd.
R. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced. .sold, delivered and furnished in strict
compliance with all applicable laws and retardations to which the goods arc subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and rcgudations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to
indemnify and hold the Purchaser hrmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither paw shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrant, full, clear nad unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement free and clear of any and all liens, restrictions, reservations. security interest
eneumbmaces and claims of others.
The Seller shall release the Purchaser and its contractors of any tier Form all liability and claims of any nature
resulting from the Perfamimcc of such work.
This release shall apply even in the event of fault of negligence of the paw released and shall extend to the
directors. officers and employees ofsuch party.
The Sellers contractual obligations, including warm, my. shall not be deemed to be reduced, in any way, because
such work is performed or caused to he Performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device. material or process covered by Icner. patent, tmdcmod:
or copyright the Sellershall indemnify and save harmless the Purchaser From any and all claims for infringement
by reason of the use of such patented design device, material or process in connection with the contract, and
shall indemnify the Purchaser for tiny cost. expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or
any pan thereof or the intended use of the gnod, 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, either pmcurc 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.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors. appoiot a
receiver or trostec for any of the Sellers pmpeny or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tans used ar the m erp¢tation ofthe agreement and the rights of all panics hereunder. shall be
constmed under fund governed by the laws ofthc State of Colamde, USA.
The following Additional Condiliors apply only in cases where the Seller is to Perform work hcrcundcr.
including the services of Sellcis Rcpresentative(sk on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall,
in case of any accident, dcsinuction or injury in the work and/or materials before Seller's final completion ,ad
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload.
stare and handle lime at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller ender the order.
19. INSURANCE.
The Seller shall, at his own expense. Provide for the payment of workers compensation, including occupational
disease benefit., 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 laws of the state in which the work is to be done. The Seller
shall also cam comprehensive general liability including, but not limited to, contractual and automobile public
liability boormce with bodily injury and death limit, of at Iced S300,000 for any one person. S500.100 for nny
one accident and Property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do any woo: upon the premises ofmhers, the Scllcr shall furnish the Purchaser with a ce"ifica e,
that such compensation and insurance have been provided. Such certificates shall specify the date when .such
cnmpcnsation and insurance have been pmvidcd. Such ccrtifioatcs shall specify the dale when such compcnsntina
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for nny and all damage, loss or injury of any kind
or nature whatsoever to persons or Property caused by or resulting Farm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees Tom and against any and all claims, losses, damages.
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
he put or suNeet by reason of tiny act action, neglect omission or default on the pan of the Seller, any of his
contractors. or any of the Sellers or contractors officers, agents or employees. In ease tiny suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or cmployccs 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same it the Sellers own expense, to pay any and all costs, charges, anomeys fees and othef expenses.
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the prop" of the Purchaser, or said panics in or as a result ofsuch suit or other proceedings.
the Sclier will at once cause the same to be dissolved and diuherged by giving bond orothervvise. The Seller and
his contractors shall take all mficty precautions, famish and instali all guards necessary for the prevention of
,accidents, comply with all laws and regulations with regard to c few including, but without limitation, the
Occupational Safety and Health Act of 1970 and all mlc. and regulations issued pursuant Ihcrela.
Revised 03/201D