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HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9145614City of Flirt Collins PURCHASE ORDER PO Number Page 9145614 1of3 This number must appear on all invoices, packing sli s and labels. Date: 10/01/2014 Vendor: 159057 Ship To: POLICE DEPARTMENT ULTRAMAX AMMUNITION POLICE SERVICES 2112 ELK VALE RD 2221 SOUTH TIMBERLINE ROAD RAPID CITY SD 57701-8526 FORT COLLINS CO 80525 Delivery Date: 09/26/2014 Buyer: DOUG CLAPP Note: state bid - price agreement # 68004YYYOI P Line Description Quantity Ordered UOM Unit Price Extended Price 1 AE223 .223 55gr 62gr REM FMJ 1 LOT LS 20,020.00 130 cs @ $154/cs 500 rounds 2 LE223T3 .223 Fed 62gr Tactical 1 LOT LS 10,125.00 45 cs @ $225/cs 200 rounds contact: Doug Smith 970-221-6832 "Please call 24 hours prior to shipment of ammunition" 3 53962 .40 Spear Gold Dot 1 LOT LS 3,120.00 10 cs @ $312/cs 1,000 rounds 4 53652 .40 180gr TMJ S&W 1 LOT LS 9,675.00 45 cs @ $215/cs 1,000 rounds 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of PURCHASE 9145614 2 of 3 ' `ppear F6rt Collins Elias n all invoices, pacst king n all invoices, packing and labels. Line Description Quantity LION! Unit Price Extended Ordered Price 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 Total Pay terms net 30 days 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 1. COMMERCIALDETAILS. Tax exemptions. By ammo the City of Fort Collin is exempt from state and local axes. Our Exemption Number is 98-04503. Federal Escise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED main failure to meet specifications, either when shipped or due to defects of damage in transit, may be rerumed m you for credit and am not to be rordered except .,on receipt of writert instructions fmm the City of To" Collins. Inspection. GOODS ere subject to the City of Fort Collin inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in authorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection era ndium. Freight Terms. Shipments most be F.O.B., City of Tom Collins, 700 Wood SL, Fort Collins, CO 80522, unless otherwise specified on this order. If prrmimian is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacfaters have duuibuting points in various Pans of the country, shipment is expected fixing the neamt distribution point to destination, end excess freight will be deducted from Invoice when shipments are made fmm grater distance. Permits Seller shall porom al sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates oflhe state, municipality, territory or political suldivoimt where the work is performed, or rcquirtd by any other duly con timed public authority having jurisdiction over the work of sterling. Seller further agrtas to hold the City of Fan Collin harmless from and against all liability and loss incurred by them by reason arm restarted or otablished violation of any such laws, regulation, ordinances, rules and requirements. Authorization All parties to this contract agree that the representatives ore, in fact, bona tide send possass full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to red farm and condition stated herein set foot and any supplementary of i ddit anal terms and conditions annexed hereto or incorporated herein by reference. Any addilioual or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVE BY. PLEASE ADVISE PURCHASING AGENT immediately if.. canna make complete shipment m arrive on your promised delivery, dam a noted. Time is of the essence. Delivery and performance most be efRctN within the time stated on the purchase order and the documents attached human. No was of the Purchasers including, without limitation, acceptance criminal me deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m whet legal and equitable remedies, the option fringing this order elsewhere and holding the Seller liable for damages. However, the Seller shall or be liable far 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 Gad, acts of civil err military authorities, gommmwml manin gi,. fires stakes, Bond, epidemics, wars or riots provided that wfee fifth, condition Pausing such delay is given m the Purchaser within five (5) days of the time when the Seller for received knowledge themtf. In the event of any such delay, the date of delivery shall be extended far the period equal to the time actually lost by reason of tee delay. 3. WARRANTY. The Seller warrants that all goods, articles, marma0 and work covered by this order will roof nto with applicable drawings, speeifwtiom, samples arrNar other description given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in corrections, with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hamlem from 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 cost to the purdaseq any defects or faults arising within one (1) year or within such longer period of time as may be prescnbcA by law w by the terms afany applicable warranty provided by the Seller after tee date of acceptance of the good famished hereunder (attopfanee not to be unreamwbly delayed), resulting fmm imperfeer or defective work done or materials famished by the Seller Acceptance or use of good by the Forename shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability herennder shall extend to all damages proximately caused by the branch ref airy of the foregoing warranries or guarantees, but such liability shall in no event include lass of profits or loss above. 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. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition to or deletions farm the quantities originally ordered in the specification or convince, by verbal err wainen change gander. If any such change aR ds the amount due or the time of pedormanec hereunder, an equitable adjustmenuhall be made. 6. TERMINATIONS. The Purchaser may al any time by wriften change order, terminate this agreement as I. any ar ell portions of the goods than not shipped, subject to any equitable adjummem between the parties as to any work or materials then in moomess provided that Jae Purchaser atoll ma be liable fin any claims fr wticipamd Pmlts on the unmmPlerM portion of the good and/or work, for incidental or consequential damages, and that ao such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stork. No such nomination shall relieve the Purchuer or the Seller of any of their obligation as to ony goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss, be examed wramn rhim (30) days fmm the date the change or immigration is ordered. 8. COMPLIANCE WH H LAW. The Seller warrants tMr all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulation to which the goods art subject The Seller shall execute and deliver such documents a may nd required to eRect or evidence compliance. All laws and regulation regvirtd to be, incorporated m agreements of this character are hereby incorporated herein by this ofrtnce. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suRced by the Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither perry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without he prior wrinen renewed ofthe other party. 10. TITLE. The Seller warned, full, clear and urmesticted tine to the Purchaser for all equipment, materials, and items Pomished in performance of this agreement, fee and clear of any and all lien, mutriction, reservation, security interest encumbrances and claims o f others 11. NONWAWER. Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay to exercise any rights or mments provided herein or by law, failure to promptly notify the Seller in the event of breach, the acceptance of or payment for goods hereunder or approval i fthe design, shall not release the Seller of any of the warranties or obligations of this pumhase order and shall not be deemed a waiver of any night of the purchour to insist upon unit performance hereofor any of its rights or remedies m to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hcreandeq nor shall any purported oral m ndiftc ttion or rescission of this purchase under by the Purchaser merger, as a waiver of any of the terms hereaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact game by the Purchased Theretofore afar goad cause and a consideration for executing this purchase order. the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or stare antitrust laws for such communes relating to the paniwla goods or services Purchased or squired by the Porchacr pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to camel nonconforming or defective goods by a dam to be agreed upon by the Pumhaer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cans, the work to be performed by the most expeditious mean available to it, and the Seiler shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry relened toot shall extend to the directors, officers and employees ofsuch parry. The Seller's continuing 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 Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, 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 eau said equipment, or any pan thereof or the intended now of the good, is in such suit held to contimv infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own eximac a and at its option, either procure for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but nonintiinging equipment, or modify it so it becomes naninliinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an amigancm for the benef of creditors, appoint a receiver ar nustee for any of the Sellers property or tininess, Nis order may forthwith i canceled by the Purchuer without liability. 16. GOVERNING LAW. The definition arrogant used or the interpretation of the agreement and the rights are[] parties hemunder shall be comsbued under zrrd governed by she Laws of the State ofColocal USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services arteries, Reprcientative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and regulated, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, rise Seller shall receive, unload, store and handle same at the site and become responsible therefor a though such materials and/or equipment were being famished "a Seller under the under. 18. INSURANCE The Seller shall, at his own express, provide for the payment of workm compensation, including compational disease benefits, m its employees employed oa or in connection with the work covered by this purchase order, and/or to their dependents in accordance wifh the laws of the state in which the work is to be done. The Seller shall also way comprehensive general liability including, but not limited to, contmrtual and automobile public liability insurance with bodily injury and deaf limits of at least S300,000 for ivy one person, SSog000 for any onaccident and property gleal limit per accident of MW,p110. The Seller shall likewise require his tractor , if any, to provide for such compensation and inuance. Before any of the Sellers or his contractors coupyees shall do any work upon the premises of others, the Seller shall famish the Purchaser with ace aificate that such compensation and inugenee have been provided. Such esitifiwtes shall specify the date what each compensation and insurance have been provided. Such ref ificams shall specify the date when such compensation and imumnm expires. The Seller agrees that such compeaation and insurance shall be mainmined until after the .,no work is completed and accepted. 19. PROTECTION AGAINST ACCID17NTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lam or injury crony kind or nature whatsoever to persons or property wood by or resulting from the execution ofthe work provided for in this purchase order, or in connection herewith. The Seller will indemnify and hold horrnium the Purchaser and any r all of the Pumhasers officers, agents and employees fmm an and Manor y and all claims, lasses, damages,charges or expenses, whether direct or indirect, and whether to persons or pmPetty, to whim the Purchaser may be put or subject by reason of any act, action, neglect omission or defaoll on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In crom any suit or other po walings shall be brought against the Pumhaer, or its officers, agents or employees at any time or account or by morn n of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or it officers, agents or employees as i fareseid. the Seller hereby agrees to aaume the defense thereof ail to defend the same at the Sellers own a.,.. to pay any and all costs, charges, attmmeys fees and ether expenes, any and all judgments that may be incurred by or obtained against the Purchuer 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 property ofthe Purch oar, err and parties in or as a moult of such .its or other, proceedings, the Seller will at once cause the same to be dissolved and dischaged by giving bond or otherwise. The Seller and his comradors shall take all safety precauuoa, front and inull all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bar without limitation, the Occupational Safety and Health Act of 1990 and all rules and regulation issued pusu sid thereto. Revised 0712014