HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9142542Fort Collins
Date: 05/07/2014
Vendor: 159057
ULTRAMAX AMMUNITION
2112 ELK VALE RD
RAPID CITY SO 57701-8526
PURCHASE ORDER
PO Number Page
9142542 1013
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 05/06/2014 Buyer: DOUG CLAPP
Note: state bid - price agreement
# 68004YYY01P
Line Description Quantity UOM Unit Price Extended
Ordered Price
AE223 .223 55gr 62gr REM FMJ 1 LOT LS 29,300.00
100 cs @ $293/cs 1,000 rounds
2 53962 .40 Spear Gold Dot 1 LOT LS 3,100.00
10 cs @ $310/cs 1,000 rounds
3 53880 .40 180gr TMJ S&W 1 LOT LS 16,275.00
75 cs @ $217/cs 1,000 rounds
4 LE223T3 .223 Fed 62gr Tactical 1 LOT LS 10,800.00
48 cs @ $225/cs 200 rounds
contact: Doug Smith
970-221-6832
"Please call 24 hours prior to shipment of ammunition"
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
PO Number Page
9142542 2of3
This number must appear
on all invoices, packing
sli s and labels.
Total $59,475.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
12m9mmoli2A'a-' ay iln-KI e7T1[IG}'1�
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Coll im is exempt from stare and ]rival al cat Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certifeme of Registry 84-6UUo58] is registered! with the Coll.., of
Failure of the Purchaser m insist u trio performance of the tames and conditions hereof, failure or rills
upon s K y to
Interval Revenue, Denver, Colorado (Rd. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
a any rights or remedies provided herein Or by law, failure W promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval offal design, shall not release the Seller of
Gaols Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall rot be deemed a waiver of any fight of the
damage in transit may the resumed to you for credit and are not to be replaced except upon receipt of wore.
Purchaser to insist upon strict Performance hereof or my opus fights or remedies as to any such goods, regardless
instruceiom from the City effort Collins.
of when shipped, received or accepted, as as any prior or subsequent default hereunder, tar shall any purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents
Impeaian. GOODS am subject to the City of Fort Collins inspection on snivel.
hereof.
Firul Acceptance. Receipt of the mcrhmdise, services or equipment in response in Ws order can result in
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upan completion of all applicable required inspection pmcNans.
Freight Terms. Shipments most be P.O.B., City of Fort Collins, 700 Wood Sr, To. Collins, CO 80522, unless
othemSse slscci fed on this older. If permission is given m prepay freight and charge separately, hie original freight
bill must accompany invoice. Additional charges for packing will not he accepted.
Shipment Distance. Where manufacturers have distributing points in suricals, pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when
shipments are made from greater distance.
P.I. Seller shall p.am at sellers sole tint all necessary permits, trenifcates and hoemes required by fill
applicable Too, regulations, oMtunces and tales of the state, municipality, territory or political subdivision where
,he work is performed, or required by any other duly consfituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and lass
incurred by them by reamal of an asserted or established violation of any such laws, regulations, ordinances, tales
and requirements.
Authorization. All parties in this contract agree that [lie representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMII'Al'ION OF TERMS. This Purchase Order expressly limits acceptance m the leans and conditions stated
herein set forth and any anpplanentary or additional teens and conditions annexed hereto or Incurpomted herein by
reference. Any additional or different crms and mnditirns proposed by seller are objected to and hereby rjected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery, date as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the docimentx attached hereto. No cis of the Purchasers including, without
limitation, acceptance of partial Ile deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpiacing 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, govcmmrntal priorities, fires, strikes, food, epidemics, wars in
riots provided that notice of the conditions causing such delay is given b the producer within five (5) days of the
time when the Seller first received knowledge thercof. In the event of any such delay, the date of delivery shall be
extended for the periwl et to the time actually ban by most ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work revered by this older will comform with applicable
drawings, specifications, samples aeIlror usher descnptiom given, will be to far the purposes immodest. and
performed with the highest degree of care and wnmeta ere th acanldmce with accepted standards fin work of a
similar ruture. The Seller agrees to hold the purchaser harmless f any loss, damage or expeme which the
Purchaser may sufferer incur on account ofthe Sellers breach of waranry. The Seller shall replace, repairer take
good, without cost to the purchaser, my defects or faults mixing within one (1) year or within such longer period of
time ss maybe prescobd by law or by the temp of my applicable warranty provided by the Seller after the date of
acceptance offal goods famished hereunder (anceptmce not be unreasonably delayed), resulting farm imperfect
or defective work done or mmmals furnished by the Seller. Acceptance of use of goods by the Purchaser shall not
constitute a waiver of any claim under this waranry. Except in otherwise Provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits 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 wiinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any chenille to the tams, other than legal terms, including additions to or deletions from
the.... bibles originally ..]coed in the s,ritiorfnns or drawings, by verbal or wide. change older If any such
change affects the inner due orthe time ufperformance lancrndea an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change under, terminate this agreement as to any or all radicals of the
goods then not shipped, subject to any quitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated proms oa the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Sella with respect to my goads which are the Sellers standard stock. No such minimtion shall relieve
the Pmchuer cr the Seller ofmry of their obligations axon any goods delivertd hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be msened within ahirry (30) days Tom the date the change or elimination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and maintained in strict
anmpliarue with all applicable lawn and regulations to which the gcads, are subject. The Seller shall execute and
deliver such documents u may be required to reflect or evidence compliance. All laws and mordi uom Acquired to be
nco permed in agreements of this character are hereby incoryomted herein by this reference. The Seller agrees b
indemnify and hold the Pmchuer hamless from all casts and damages suffered by the Purchaser as a result of the
Sever failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, in convey this order, or my monies due or to become due harmader without the
Poor calm. consent oftlrc other party.
10. TITLE.
The Seller warants fall, clear and comstoaed title to the Purchaser for all equipmatL materials, and it. famished
on performance of this agreamenL free and clear of any and all liens, restrictions, romixonams. secwry interest
mcurnmances and claims of others.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic mature, overcharges resulting from antitrust
vialmions art i. fact home by the Purchaser. Theretofore, for good come and as consideration for timing, this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hareafef
acquired under federal or state antitrust lives for such overcharges telling to the particular goods or services
purchased or acquired by the Purchaser pursumuo this pmchae order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
]film Purchaser directs the Seller to wren nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be Performed by the most expeditious memos available a it, and the Seller shall Pay all
vests associated with such work.
The Seller shall releme the Purchaser and its contractors of any her from all liability and claims of any ruble
resulting from the perfombance ofsueh work.
This release shall apply even in the event of fault of negligence of the party releauld and shall extend to the
directors, affects and employees of such party.
The Settees r0atualmal obligations. including w arty, shall not be deemed to be reduced, in any way, because
such work is performed Or caused m be performed by the Purchaser.
14. PATENTS.
Whanever the Seller is required to use any design, device, material or process covered by Imar, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infnngemem
by reason of the use of such hammed design, device, material or grovels in ...action with the con nod, and
shall indemnify the Purchmer for any cost, expense or damage which it may be obliged to Pay by reason of such
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 goo&, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either parents for the
P... Eamr the fight 1. continue in, said equipment or pans, replace the same with substantially qml but
noninfnnging equipment, or most it an it becomes noninRlnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
mociver or trustee for my of the Sellers prepare, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions afternoon; used or the malformation ofthe numerical and the rights atoll parties hereunder shall he
announced under and governed by hie laws ofthe State ofColorada, USA.
The following Additional Conditions apply only in cases when the Seller is to perform work hereunder,
including the services ofSellm Represtrionce(s), on the premises ofothers.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work in Sellers own risk =tit the same is fully completed and accepted, and shall,
in cue of any accident, destruction or injury to the work md/m matanals before Sellers final completion and
acceptance, complete the work at Sellers own expense and to fire satisfaction of hie Purchaser. When matefiah
and quipmrnt ere finished] by others far installation or erection by the Seller, the Seller shall receive, unload,
stare and handle mine at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller order the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase older,
torpor m their dependents in accordance with the laws ofthe state th which the work is m be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contmetml and automobile public
liability insurance with bodily injury and death limits of at least $ID0,000 for any one person, 5500,000 for any
one accident and Property damage limit per accident of $400,000, The Seller shall likewise m mm his
contractors, if any, to provide fin such compensation and Insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premixes of others, the Seller shall fumish the Purchaser with a ccnifcabe
that such compensation and insurance have been provided. Such certificates shall specify the date when such
complication unit insurance hove been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compereemon and insurance shallh maintained until Offer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby msumes the entire responsibility and liability for my and all damage, loss or injury afore kind
or nature whaaoever to persons or progeny caused by ar resulting from hie execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers opposers, agents and employees from 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
be put or subjm by rcamn of any .1, abior, neglect, emission or &fact, on the part of the Seller, any of his
coommons, or any or the Sellers or contractors officers, agents or amployecs. In eau my suit or other
praeedings shall be brought against the Purchaser, or its officers, agents or employees at my time on acanmb or
by reason of any ant, action, neglect, amission me default of the Seller of my of his cantrecrors m any of its or
their oRcers, agents or employees as aforesaid. the Seller hereby ages to assume the defense thereof and to
defend fed some at the Sellers own expense, to Pay any and all costs, charges, momeys fin and ether expenses.
any and all judgments that may be insured by or obtained against the Purchaser Or any of its or their oRcers,
agents or employees in such suits or other proceedings, and m rose judgment or other lim be placed upon m
Obtained against the property of the Purchaser, or said parties in or as a result ofsuch suim or other proceedings,
the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and
his contactors shall take all safety precmtic m, fumish and imall all guards nxessary for the prevention of
accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1990 and all mles and regulations issued paramount theram.
Revised 03R010