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HomeMy WebLinkAbout159057 ULTRAMAX AMMUNITION - PURCHASE ORDER - 9147001Fort Collins Date: 11/28/2014 Vendor: 159057 ULTRAMAX AMMUNITION 2112 ELK VALE RD RAPID CITY SD 57701-8526 PURCHASE ORDER PO Number Page 9147001 1of3 This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 11/28/2014 Buver: DOUG CLAPP Note: state bid - price agreement # 68004YYYOIP Line Description Quantity UOM Unit Price Extended Ordered Price 1 AE223 .223 55gr 62gr REM FMJ 1 LOT LS 20,790.00 135 cs @ $154/cs 500 rounds ref. 2014/15 Colorado State Pricing Contact: Sgt. Dan Murphy oh# 970-5674014 2 LE223T3 .223 Fed 62gr Tactical 45 cs @ $225/cs 200 rounds 3 53962 .40 Spear Gold Dot 20 cs @ $312/cs 1,000 rounds 4 53652 .40 180gr TMJ S&W 55 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 1 LOT LS 1 LOT LS 10,125.00 6,240.00 1 LOT LS 11,825.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER PO Number Page 9147001 2013 his number must appear on all invoices, packing sli s and labels. Line Description `'""""`y UOM Unit Price 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.00m 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 I. COMMERCIAL DETAILS. Tax exemptions. By same the Ciry of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Race, Tax Exemption Cenifcate of Registry, 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict perfo. of fe terra and conditions hereof, failure or delay or Internal Revenue, Denver, Colorado (Ref Colorado Revised Snowes 1973, Chapter 39-26,114 (a). exercise any rights or m nni ies provided herein or by law, failure to promptly notify the Seller or the runt of a breach, the acceptance ofor payment for good herewder, or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the v anomie or obligations of this purchase order and shall not be dmmed a waiver of my right of the damage in tmnsi, may be command to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon fi ict performance hamfor any offs rights or remedies as to my such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereude, nor shall any pwponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of lie screw Inspection. GOODS are subject ro the City of Too Collins inspection on amval. hereof. Final Acceptance. Receipt of the meo:handim, services or equipment in response m this other can result in 12.ASSIGNMENT OF ANTITRUSICLAIMS. authorized payment on the pan of the City of Fort Collins. []a,,, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures, violations are in fact home by the Purchirem ser.Therore �forr good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercafer Freight Tees. Shipments must be FOR,, City of Fort Collins, 700 Wood St, Fart Collins, CO 80522, unless acquired under federal or rule antitrust laws for such overcharge relating to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and chirge separately, the original freight purchased or acquired by the Purchaser pursuant M this purchase order. bill must accompany invoice. Additional charges for packing will not be accryted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wherema.at... have distributing points in vanow purrs of one country, shipment is Ifthe purchaser directs the Seller to collect nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution in, to decimation, ad excess f ight will be deducted from Invoice when Purchaser anal the Seller, and the Seller thereafter indicates its inability or tmwillingram to comply, the Purchaser shipments sec made from greater difi nce. may cause the work to be serf d by the mast expedidoas means available m it, and the Seller shall Pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all applicable laws, regulaions, ordinances and mlo of the 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 agree to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the mpresenfi ives are, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any smpplarrow, or additional terms and conditions annexed hereto ter incorporated herein by reference. Any additional or different terms and conditions prepared by seller are objected as and hereby mpcted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the a sense. Delivery and performance must be effected within the time armed on the purchase order ad fe documents attached hereto. No as of the Purchasers including, without limitation, mMrs.. of paniell late deliveries, shall operate as a waiver of dads provision, In One event of any delay, the Purchaser shall have, in addition in other legal and equitable remedies, lie option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages ns. resins of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gd, acts of civil or military cadmium, governmental primaries, fires, strikes, Rood, epidemics, wan or riots provided that active of Use conditions causing such delay is given to the Purchaser within five (5) days of lie 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 lie time actually lost by reason afihe delay. 3. WARRANTY. The Seller warrants that all fend, articles, materials and work covered by mis order will conform with applicable drawings, specifications, samples and/or other descriptions given, will b, fit for lie purpose inended, and Performed with lie lughat degree of care and competence in accordance with accepted sundord for work of a similar namm. The Seller agrees to hold the purchaser harmless firm any loss, damage or expense which the Purchaser may suffer m incuron swum of the Sellers breach of wear 1y. The Seller shall replace, repair or make good, without cost to lie purchaser, any defects or fwla easing within rate (1) year or within such longer peal of time ss may be preseabed by law or by the emu of any applicable wmmnty provided by lie Seller after lie date of mceldrom of fc good famished hereunder (acceptance nor to be urveasonably delayed), resulting foods imperfect or defective work dean or materials fumubd by we Seller. Acceptance or we of goods by lie Purchaser shall not constitute a waiver ofany claim order this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately caused by lie breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits 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 tenses by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mmm, other fan legal terms, including additions 1. or deleticas rem the gmmilie originally ordered in the specifications or drawings, by verbal or vermin change order. If any such change aRMs the amount due or lie time offerformame hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purclawar may at any time by carmen change order, terminate this agreement as to my or all portions of the good then trot shipped, subject to any equiable adjutment between the parties as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for amiciWtd pmNa on the uncompleted! Portion of the good surgery work, for Occidental or consequential damage, and that no such adjustment be made in favor of the Seller with rtspaa to any good which are he Sellers moslard sock. No such momminim shall relieve the Purchuma or lie Seller ofany oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam the change or to rvicau n is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered end furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documens as may be required to effect or evidence compliance. All laws and regulations mryuirtd to be incorporated in agreements of this character ere hereby inimpa rated herein by this reference. The Seller agree to indemnify and hold the Purchaser hmardess (mot all toss and damages suffered by lie Purchaser as a maul, of lie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or my monies due or to become due hereunder without the poor women consent of the other party. 10. TITLE. The Seller warrants bill, clear and unrestricted tide to the Purchaser for all equipment, materials, and items fumishd or performance of this agreement, free and clear of any and all hers, restrictions, revereatione, security interest encumbrances and claims of ofers. The Seller shell release the Purchaser and its contractors of any her from 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 party released and shall extend to the directors, officers and employee fsuch parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused m be performed by the Pachuca. 14. PATENTS. Whenever lie Seller is required to use any design, device, material or process covered by letter, patent, too emmk or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of lie use of such patented deign, device, material or process in connection with lie contmn, and shall indemnify, the Purchaser for any cos, expense or damage wbach it may ho obliged to pay by row. fsuch infringement at any time during the prosneution or after the completion of lie work. In cam said equipment, or any pan thereof or the intended use of the good, is in such suit held in constitute infngement said the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the purchaser the right to continue ruing mid equipment or pans, replace the same with interstitially equal but noninfdnging equipment, or modify it eo it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an cogmnent for the benefit of ereditum, appoint a receiver Or nustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The deficit.. of tees used.1 he imerricandion at agreement and the rights of all parties hereunder shall be ansnved under and governed by lie laws of fe Sale of Colorado, USA. The following Additional Conditions apply only in cases where lie Seller is to perform work hereunder, unclairs, the service m'Sellars Repmmnutive(s), on the premiss of.thers. I). SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk unit] lie same is only completed and weeptd, and shall, in cam of my accident destruction or injury to lie work and/o matenab before Settees final completion and acceptance, complete the work at Sellers awn expense and m the satisfaction of the Fashion, When materials and equipment are famished by others for installation or crection by lie Seller, fe Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andfr equipment were being fmishd by the Seller under 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 fe work covered by this purchase order, and/or as their dependents in accordance with the laws of lie state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual ad automobile public liability insurance with tidily injury and death limits of at least 5300,0n0 for any one person, 5500,000 for any one incident and property damage limit per accident of 540t.". The Sella shall likewise require his contractors, ifeny, to provide for such compensation and insurance. Before any of lie Sellers or his contractors employees shill do any work upon the premiums of ofers, lie Seller shall Mouth tlrc Purchaser with a verfificam that such compensation and ins mnee have been provided. Such artiftwtes shall specify fe date when such compensation and imu once have been provided. Such car ifrcata shall meaty fe date when such compensation and insurance expires. The Seller agrees that such compeawwnon and imaurance shall the mainained until after lie entire work is comploed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mim responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting mom the execution of lie work provided for N this purchase order or in connection herewith. The Seller will indemnify and hold hatmless the Purchaser and any r all of the Purchasers officers, agents and employees from cad against any and all claims, losses, damages, charges or expense, 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against fe Purchaser, or its ofcers, agrees or employees al any time on account or by reawn of any wL action, neglect, omission or default of lie Seller of any of his contractors or any of its or their officers, agents or employees as aforemid, lie Seller hereby agrees to assume fe deli thereof and to defmd lie warn at lie Sellm own expense, to pay any ward all costs, chime, wtomey. f and other expenses, my and all judgmens fat may be, incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or ofor proceedings, and in ram judgment or ofer lim be placed upon or obtained agaitsst lie property of lie Purchaser, or mid parties in or as a result ofsuch suits or other proceedings, lie Seller will at once cane lie same to be, dissolved and discharged by giving bond or otherwise. The Seller and his confractors shall take all mfcry pronounces, fresh and imull all guard necessary for the prevention of wri,com, comply with all laws and mgulations with regard an may including, but without limitufien, the Occupational Safety and Health Act of 1970 rid all roles and regulations issued pursmnt therein. Revised 07Q014