HomeMy WebLinkAboutCAG2024-102 - Original - San Diego Police Equipment Co. - Cooperative Purchasing Agreement: State DES Contract #22422 for Ammunition - 01/01/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Phil Johnson Police
Date Sent: Date Required:
> 03/06/2024
0
Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website 2/6/24
Budget Account Number: Grant? Yes No�✓
10002100.63170.3310
Budget?❑✓ Yes[E]No Type: N/A
Vendor Name: Category:
San Diego Police Equipment Co. Contract
Vendor Number: Sub-Category:
33823 Original
0
Project Name: Cooperative Purchasing Agreements
cProject Details: State DES contract #22422 to purchase police ammunition for
c police department.
40
c
(11.111 Basis for Selection of Contractor:
Agreement Cooperative Purchase
E
� *Memo to Mayor must be attached El
Start Date: �1/1/24 Termination Date: 12/31/25
Im
a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No CAG2024-102
Comments:
IM
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3 0
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Date Received:City Attorney: Date Routed:Mayor's Office City Clerk's Office 3/7/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
Washington State
EM DEPARTMENT OF
ENTERPRISE SERVICES
STATEWIDE CONTRACT
No. 22422
AMMUNITION
CATEGORIES: HANDGUN—CCI-SPEER,REMINGTON,&FEDERAL;RIFLE—CCI-SPEER,REMINGTON,&FEDERAL;
SHOTGUN—FEDERAL&REMINGTON
For Use by Eligible Purchasers
By and Between
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
and
SAN DIEGO POLICE EQUIPMENT CO.INC.
Dated January 1, 2024
STATEWIDE CONTRACT
No. 22422
AMMUNITION
CATEGORIES: HANDGUN—SPEER,REMINGTON,&FEDERAL;RIFLE—SPEER,REMINGTON,&FEDERAL;SHOTGUN—
FEDERAL&REMINGTON
This Washington Statewide Contract ("Contract") is made and entered into by and between the State of
Washington acting by and through the Department of Enterprise Services, a Washington State
governmental agency ("Enterprise Services") and San Diego Police Equipment Co. Inc., a California
Corporation ("Contractor") and is dated and effective as of January 1, 2024.
RECITALS
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of
Washington, is authorized to develop, solicit, and establish enterprise procurement
solutions, including statewide contracts, for goods and services to support Washington
state agencies. See RCW 39.26.050(1). The Washington State Legislature also has
authorized Enterprise Services to make these contracts available, pursuant to an
agreement in which Enterprise Services ensures full cost recovery, to other local or
federal government agencies or entities, public benefit nonprofit organizations, and any
tribes located in the State of Washington. See RCW 39.26.OS0(1) & (2).
B. Certain Washington state agencies and other eligible purchasers need to procure
specified types of ammunition products ("Ammunition") from qualified, professional
vendors. Accordingly, Enterprise Services, on behalf of the State of Washington, issued
Competitive Solicitation No. 22422 dated September 8, 2023. The Competitive
Solicitation to establish Contracts for specified categories of Ammunition, by
manufacturer, to enable eligible purchasers to procure Ammunition from awarded
Contractors in a cost effective, efficient manner using the terms and conditions of the
Contract.
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified
Contractor as an apparent successful bidder for the above-referenced Contract
Category(ies).
D. Enterprise Services has determined that entering into this Contract will meet the
identified needs and be in the best interest of the State of Washington.
E. The purpose of this Contract is to enable eligible purchasers to purchase Ammunition as
set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the
parties hereto hereby agree as follows:
1. TERM. The term of this Contract is twenty-four (24) months, commencing January 1, 2024 and
ending December 31, 2025 Provided, however, that if Contractor is not in default and if, by July 1,
2025, in Enterprise Services' reasonable judgment, Contractor satisfactorily has met the
performance-based goals for contract extension, Enterprise Services shall extend the term of this
STATEWIDE CONTRACT No.22422—AMMUNITION 1
(Rev.2022-11-16)
Contract, by written amendment, for up to thirty-six (36) additional months. Such extension
amendment shall be on the same terms and conditions as set forth in this Contract. To earn the
performance-based Contract term extension, Contractor must achieve the following performance-
based metrics:
PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION
Annual Detailed Sales Contractor timely provides to Enterprise Services, with no less
than a 100% on time rate, the annual detailed sales report.
Report: See§ 11.3.
On-time Delivery Contractor shall maintain a 95% on-time delivery rate with a
goal of 99/0 on-time deliveries. See §8.3.
Contractor timely provides to Enterprise Services at the
Insurance designated address, without exception, annual insurance
Endorsements: endorsements for the insurance coverages required by this
Contract. See Exhibit 8—Insurance Requirements at § 13.
Contractor timely remits to Enterprise Service, with no less
than a 75%on time rate over the contract term, the applicable
Vendor Management Fee (VMF).
Vendor Management Note: Contractor must pay the VMF within thirty(30) calendar
Fee: days of invoice from Enterprise Services. If Contractor is
delinquent in timely paying the VMF for three (3) or more
quarters within the first nine (9) quarters of the Contract term,
Contractor will not be eligible for a performance-based
extension.
Contractor timely provides to Enterprise Services, with no less
than a 75% on time rate over the contract term, the required
Contract quarterly sales reports.
Contract Note: Contractor must provide the quarterly sales reports to
Sales Reports: Enterprise Services within thirty (30) calendar days of the
quarter's end. If Contractor is delinquent in providing the
quarterly sales reports for three (3) or more quarters within
the first nine (9) quarters of the Contract term, Contractor will
not be eligible for a performance-based extension.
2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an
eligible "Purchaser"):
2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions,
boards, and commissions.
2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following Institutions
of higher education in Washington:
■ State universities — i.e., University of Washington & Washington State
University;
■ Regional universities — i.e., Central Washington University, Eastern
Washington University, &Western Washington University
STATEWIDE CONTRACT No.22422—AMMUNITION 2
(Rev.2022-11-16)
■ Evergreen State College;
■ Community colleges; and
■ Technical colleges.
2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entitles that have executed
a Contract Usage Agreement with Enterprise Services:
■ Political subdivisions (e.g., counties, cities, school districts, public utility
districts) in the State of Washington;
■ Federal governmental agencies or entities;
■ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit
corporations that receive federal, state, or local funding); and
■ Federally-recognized Indian Tribes located in the State of Washington.
3. SCOPE—INCLUDED AMMUNITION AND PRICE.
3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only
the Ammunition specified in ExhibitA — Included Ammunition and Prices at the Prices set
forth in ExhibitA — Included Ammunition and Prices. Contractor shall not represent to any
Purchaser under this Contract that Contractor has contractual authority to sell or provide
any goods or services beyond those set forth in ExhibitA—Included Ammunition and Prices.
3.2. STATE'S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the
parties, Enterprise Services reserves the right to modify the Ammunition included in this
Contract; Provided, however, that any such modification shall be effective only upon thirty
(30) calendar days advance written notice; and Provided further, that any such modification
must be within the scope of the Competitive Solicitation for this Contract.
3.3. ECONOMIC PRICE ADJUSTMENT. Beginning twelve (12) months after the effective date of this
Contract and for every annual anniversary thereafter, the prices set forth in ExhibitA —
Included Ammunition and Prices may be adjusted upon Contractor request.
Requests for price adjustment must be made in writing and be received between October
15 and December 15 of each calendar year to be eligible for an adjustment on the following
February 1. In the event Contractor fails to timely request a price adjustment, Enterprise
Services, at its sole discretion, may allow an untimely adjustment; Provided, however, that
such adjustment will not be effective for any time prior to Enterprise Services' price
adjustment, and Contractor is in good standing, by reasonably performing Contract
obligations, including timely sales reporting and paying vendor management fees as
required herein, are eligible for economic adjustments.
Price adjustments will be made in accordance with the average percentage change in the
United States Department of Labor, Bureau of Labor and Statistics (BLS) Produce Price
Indices (PPI) below issued for the contract term. Only final published data will be used.
PCU332992332992 (Small Arms Ammunitions Manufacturing)
Economic adjustment will lag one (1) calendar quarter past the Contract commencement
date to allow for publication of BLS data. All calculations for the index shall be based upon
the latest version of data published as of December 1st each year. Prices may be adjusted
and effective on February 1st of each year. If an index is recoded (i.e.,the recoded index is a
direct substitute for the prior index according to the BLS), this Contract will use the recoded
STATEWIDE CONTRACT No.22422—AMMUNITION 3
(Rev.2022-11-16)
index, as applicable. If an index becomes unavailable, Enterprise Services shall substitute a
proxy index. If there is not a direct substitute,the next higher aggregate index available will
be used. The economic adjustment shall be calculated as follows:
New Price= Old Price x (Current Period Index/Base Period Index).
The "Current Period Index" is the average of the most recent twelve months of non-
preliminary BLS Index values, and the "Base Period Index" is the average of the twelve
months of non-preliminary BLS Index values prior to the Current Period Index.
3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of
this Contract, Contractor guarantees to provide the Ammunition at no greater than the
prices set forth in ExhibitA — Included Ammunition and Prices (subject to economic
adjustment as set forth herein).
3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers
information regarding this Contract, including scope, pricing, and lowest responsive,
responsible bidder designation. In addition, Enterprise Services identifies awarded
contractors who qualify as Washington Small Businesses, Certified Veteran-Owned
Businesses, or that, pursuant to the Contract provide Ammunition that meets specified state
procurement priorities as set forth in the Competitive Solicitation.
4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following
representations and warranties as of the effective date of this Contract and at the time any order is
placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such
representations and warranties, Contractor shall not process any orders and shall, within three (3)
business days notify Enterprise Services, in writing, of such breach.
4.1. QUALIFIED TO Do BUSINESS. Contractor represents and warrants that Contractor is (a) in good
standing; (b) qualified to do business in the State of Washington; and (c) registered with the
Washington State Department of Revenue and the Washington Secretary of State.
4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance,
and has paid all applicable taxes owed to the State of Washington.
4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants
that Contractor possesses and shall keep current during the term of this Contract all
required licenses, certifications, permits, authorizations, and approvals necessary for
Contractor's proper performance of this Contract.
4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in
Contractor's Bidder's Certification, that neither Contractor nor its principals or affiliates
presently are nor have ever been debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in any governmental contract by any
governmental department or agency within the United States.
4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor's
Bidder's Certification, that during the term of this Contract and the three (3) year period
immediately preceding the award of the Contract, Contractor has not been determined, by a
final and binding citation and notice of assessment issued by the Washington Department of
Labor and Industries or through a civil judgment entered by a court of limited or general
jurisdiction, to be in willful violation of any provision of Washington state wage laws set
forth in RCW 49.46,49.48, or 49.52.
STATEWIDE CONTRACT No.22422—AMMUNITION 4
(Rev.2022-11-16)
4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all
applicable requirements regarding civil rights. Such requirements prohibit discrimination
against individuals based on their status as protected veterans or individuals with
disabilities, and prohibit discrimination against all individuals based on their race, color,
religion, sex, sexual orientation, gender identity, or national origin.
4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously
certified in Contractor's Bidder's Certification, that Contractor does NOT require its
employees, as a condition of employment, to sign or agree to mandatory individual
arbitration clauses or class or collective action waivers. Contractor further represents and
warrants that, during the term of this Contract, Contractor shall not, as a condition of
employment, require its employees to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers.
4.8. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within
the three (3) year period prior to this Contract, neither Contractor nor its principals or
affiliates: (a) have been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offence in connection with obtaining, attempting to
obtain, or performing a public (federal, state, local, or tribal) contract or purchase order
under a public contract; (b) have been in violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements or receiving stolen property; (c) have been indicted for or
otherwise criminally or civilly charged by a government entity (federal, state, local, or tribal)
with commission of any of the offense enumerated in subsection (b) of this provision; or
(d) had one or more public contracts (federal, state, local, or tribal) terminated for cause or
default.
4.9. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that
Contractor complies fully with all applicable procurement ethics restrictions including, but
not limited to, restrictions against Contractor providing gifts or anything of economic value,
directly or indirectly,to Enterprise Services and Purchasers' employees.
4.10. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that
Contractor is registered in Washington's Electronic Business Solution (WEBS), Washington's
contract registration system and that, all of Contractor's information therein is current and
accurate and that throughout the term of this Contract, Contractor shall maintain an
accurate profile in WEBS.
4.11. WASHINGTON'S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor Is
registered with Washington's Statewide Payee Desk, which registration is a condition to
payment.
4.12. CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants
that Contractor shall use commercially reasonable efforts both to promote and market the
use of this Contract with eligible Purchasers and to ensure that those entities that utilize this
Contract are eligible Purchasers. Contractor understands and acknowledges that neither
Enterprise Services nor Purchasers are endorsing Contractor's Ammunition or suggesting
that such Ammunition is the best or only solution to their needs. Accordingly, Contractor
further represents and warrants that Contractor shall make no reference to Enterprise
Services, any Purchaser, or the State of Washington in any promotional material without the
prior written consent of Enterprise Services.
STATEWIDE CONTRACT No.22422—AMMUNITION 5
(Rev.2022-11-16)
4.13. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has
been employed or retained to solicit or secure this Contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established agents as defined in the Federal Acquisition
Regulations.
4.14. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not
commenced bankruptcy proceedings and that there are no judgment, liens, or
encumbrances of any kind affecting title to any Ammunition that is the subject of this
Contract.
4.15. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in
Contractor's Bidder's Certification, that Contractor has the operational and financial
capability to perform the Contract.
4.16. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or
a similar contract, is transitioned to another contractor (e.g., Contract expiration or
termination), Contractor shall use commercially reasonable efforts to assist Enterprise
Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to
effectuate a smooth transition to another contractor to minimize disruption of service
and/or costs to the State of Washington and such Purchasers; Provided, however, that, if
costs are incurred, Contractor shall be compensated for such costs consistent with the terms
and conditions pertaining to this Contract for the sixty (60) day period immediately before
such transition.
4.17. AMMUNITION MANUFACTURER OR AUTHORIZED REPRESENTATIVE. Contractor represents and
warrants, as previously certified in Contractor's Bidder's Certification, that Contractor is the
Ammunition manufacturer or is authorized by the Ammunition manufacturer to sell the
Ammunition in the state of Washington for all manufacturers listed in Exhibit A — Included
Ammunition and Prices. Contractor further represents and warrants that, if during the
Contract term, Contractor ceases to be the Ammunition manufacturer or be authorized by
the Ammunition manufacturer to sell such Ammunition in the state of Washington,
Contractor promptly shall notify Enterprise Services in writing within seven (7) days of such
event and shall cease sales of such Ammunition pursuant to this Contract unless otherwise
directed in writing by Enterprise Services.
4.18. SPORTING ARMS AND MANUFACTURER'S INSTITUTE (SAAMI). Contractor represents and warrants,
as previously certified in Contractor's Bidder's Certification, all ammunition sold meets the
Sporting Arms and Manufacturer's Institute requirements for specifications, transportation,
and storage requirements.
STATEWIDE CONTRACT No.22422—AMMUNITION 6
(Rev.2022-11-16)
5. QUALITY;WARRANTY; REMEDIES.
5.1. WARRANTY. Contractor warrants that the Ammunition: (a) is free from defects in design,
material, and workmanship; (b)fit and safe for the intended purposes; (c) consistent with
recognized industry quality standards; (d) complies with the requirements, specifications,
and descriptions included in this Contract; and (e) is produced and delivered in full
compliance with applicable law ("Goods Warranty"). Contractor further warrants that it has
good and marketable title to the Ammunition and shall keep Purchaser's property free of
liens. If Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold
any payment otherwise due Contractor until Contractor submits proof, in a form satisfactory
to Purchaser, that all lienable claims have been fully paid or waived.
5.2. REMEDY. If Ammunition does not comply with the Goods Warranty, at Purchaser's election,
Contractor promptly shall remedy the defect by replacing any defective Ammunition.
Contractor's Goods Warranty support shall include, at Contractor's sole expense, all
technical support, parts, materials and equipment, and labor, including freight and "in/out"
costs required to address the defect. If, in Purchaser's judgment, replacement is
inadequate, or fails of its essential purpose, Contractor shall refund the full amount of any
payments that have been made. The rights and remedies of the parties under this warranty
are in addition to any other rights and remedies of the parties provided by law or equity,
including, without limitation, actual damages, and, as applicable and awarded under the
law,to a prevailing party, reasonable attorneys'fees and costs.
5.3. FAILURE To REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10)
calendar days after receipt of written notice from Purchaser, or if an emergency exists
rendering it impossible or impractical for Purchaser to have Contractor provide a remedy,
Purchaser may, without prejudice to any other rights or remedies available to it, replace
Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at
Purchaser's option, Purchaser will offset the costs incurred from amounts owing to
Contractor.
5.4. TECHNICAL SUPPORT. Contractor shall provide all warranty service and telephone support,
including after-hour technical support, at its own cost.
6. SAFETY;SECURITY. Contractor's failure to comply with any of the requirements in this Section shall be
cause for termination.
6.1. REGULATORY REQUIREMENTS/SAFETY. Ammunition supplied by Contractor shall meet all OSHA
and other safety-related federal, state, local, and/or tribal regulatory requirements
applicable to Ammunition.
6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all
appropriate Material Safety Data Sheets ("MSDS") at the time of delivery of each shipment
of Ammunition which requires such compliance.
6.3. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are
present at Purchaser's premises, Contractor promptly will report in writing all injuries,
accidents, property damage, near-miss incidents, or any claims regarding damages or injury
involving Contractor, its agents, employees, or subcontractors occurring at such premises.
Contractor agrees to cooperate and assist in any Purchaser investigation of incidents.
STATEWIDE CONTRACT No.22422—AMMUNITION 7
(Rev.2022-11-16)
6.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or
subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, safety,
and other security requirements and not interfere with Purchaser's operations. Contractor
represents and warrants that Contractor, its agents, employees, or subcontractors who
access Purchaser's premises will be adequately trained and at all times comply with
Purchaser's requirements.
7. SUBCONTRACTORS.
7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, in the event
Contractor elects to utilize subcontractors to perform this Contract, Contractor shall:
(a) incorporate Contractor's responsibilities under this Contract into its subcontracts; (b) be
fully responsible for the performance of any such subcontractors (regardless of tier) and
ensure that subcontractors comply with each and every Contractor obligation set forth in
this Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers
regarding all contractual matters; (d) ensure that such subcontractors are registered in
WEBS; and (e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in
case of negligence, other tortious fault, or intentional misconduct by any such
subcontractors (regardless of tier). Prior to utilizing any subcontractor to perform this
Contract, Contractor shall provide written notice to Enterprise Services' contract
administrator. Such notice shall confirm that the subcontractor is registered in WEBS and
provide the necessary information for Enterprise Services' contract administrator to include
such subcontractor(s) in Washington's Purchasing Contract Management System (PCMS).
7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such
report(s) will include subcontractor data, by subcontractor, for any data that Contractor is
required to report as well as a consolidated 'rollup' report combining Contractor and
subcontractor data.
7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or
certifications set forth in this Contract shall apply to subcontractors (at any tier) and
Contractor shall not utilize any subcontractors (at any tier) who cannot provide such
representations or certifications, excepting the certification to be registered with
Washington's Statewide Payee Desk, unless Purchaser will pay such subcontractor directly.
8. USING THE CONTRACT—PURCHASES.
8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Ammunition from this Contract,
consistent with the terms hereof and by using any ordering mechanism agreeable both to
Contractor and Purchaser but including, at a minimum, a purchase order. When practicable,
Contractor and Purchaser also shall use telephone orders, email orders, web-based orders,
and similar procurement methods (collectively "Purchaser Order"). All Purchase Orders
must reference the Contract number. The terms of this Contract shall apply to any Purchase
Order and, in the event of any conflict, the terms of this Contract shall prevail.
Notwithstanding any provision to the contrary, in no event shall any 'click-agreement,'
software or web-based application terms and conditions, or any other agreement modify
the terms and conditions of this Contract.
8.2. DELIVERY REQUIREMENTS. Contractor must ensure that the Ammunition is delivered or
provided as required by this Contract, the Purchase Order used by Purchaser, and as
STATEWIDE CONTRACT No.22422—AMMUNITION 8
(Rev.2022-11-16)
otherwise mutually agreed in writing between Purchaser and Contractor. The following
apply to all deliveries:
(a) Contractor shall make all deliveries to the applicable delivery location
specified in the Purchase Order. Such deliveries shall occur during
Purchaser's normal work hours and within the time period mutually agreed
in writing between Purchaser and Contractor.
(b) Deliveries made to secure facilities and drivers entering those facilities shall
be pre-approved by the Purchaser. Contractor must obtain the required
clearance prior to any scheduled delivery to secure facilities.
(c) Contractor shall ship all Ammunition purchased pursuant to this Contract,
freight charges prepaid by Contractor, FOB Purchaser's specified destination
with all transportation and handling charges included. Contractor shall bear
all risk of loss, damage, or destruction of the Ammunition ordered
hereunder that occurs prior to delivery, except loss or damage attributable
to Purchaser's fault or negligence.
(d) All packing lists, packages, instruction manuals, correspondence, shipping
notices, shipping containers, and other written materials associated with
this Contract shall be identified by the Contract number set forth on the
cover of this Contract and the applicable Purchaser's Purchase Order
number. Packing lists shall be enclosed with each shipment and clearly
identify all contents and any backorders.
8.3. ON-TIME DELIVERY. Contractor shall maintain a 95% on-time delivery rate with a goal of 99%
on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after
receipt of order (ARO) unless mutually agreed in writing between the Contractor and the
Purchaser. Adjustments to delivery still within the one-hundred eighty (180) day window
must be documented in the Purchaser ordering paperwork. If an order's ETA surpasses the
one-hundred eighty (180) day window after receipt of order, Contractor will need to obtain
mutual agreement in writing between Purchaser and Contractor or allow Purchaser to
withdraw their order.
Upon Purchaser or Enterprises Services request, Contractor must provide documentation
supporting compliance with this requirement. Documentation must be received by
requestor within ten (10) days of request.
8.4. ORDER FULFILLMENT AND SUBSTITUTIONS. In the event Contractor is unable to fulfill a product
ordered, a replacement product equal in price and performance may be substituted. All
products substitutions must be mutually agreed to by Purchaser and Contractor in writing
prior to order placement and documented in Purchaser's ordering paperwork.
8.5. RECEIPT AND INSPECTION OF AMMUNITION. Ammunition purchased under this Contract is subject
to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination.
Purchaser reserves the right to reject and refuse acceptance of Ammunition that is not in
accordance with this Contract and Purchaser's Purchase Order. If there are any apparent
defects in the Ammunition at the time of delivery, Purchaser promptly will notify
Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may
require Contractor to replace, at Contractor's expense, any or all damaged Ammunition or,
at Purchaser's option, Purchaser may note any such damage on the receiving report, decline
acceptance, and deduct the cost of rejected Ammunition from final payment. Payment for
any Ammunition under such Purchase Order shall not be deemed acceptance.
STATEWIDE CONTRACT No.22422—AMMUNITION 9
(Rev.2022-11-16)
8.6. REFUNDS. Ammunition that does not perform to manufacturer specifications and standards
will be refunded or replaced at no additional charge to Purchaser. Upon request, Contractor
will provide, within five (5) days, manufacturer literature that describes specific
performance requirements and standards of Ammunition purchased. Upon receipt of
manufacturer literature, Purchaser will provide to Contractor, within five (5) days,
supporting documentation describing how the Ammunition does not meet the
manufacturer performance requirements and standards. A full credit will be issued by the
Contractor within ten (10) days.
8.7. CUSTOMER SERVICE. Contractor will be available by phone and/ or email Monday through
Friday from 8:00 am to 5:00 p.m. Contractor will respond to voicemail and email within
twenty-four(24) hours.
9. INVOICING&PAYMENT.
9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser's
designated invoicing contact for Ammunition delivered under this Contract. Such invoices
shall itemize the following:
(a) Contract No. 22422;
(b) Contractor name, address, telephone number, and email address for
billing issues (i.e., Contractor Customer Service Representative);
(c) Contractor's Federal Tax Identification Number;
(d) Date(s) of delivery;
(e) Applicable Ammunition;
(f) Invoice amount; and
(g) Payment terms, including any available prompt payment discounts.
Contractor's invoices for payment shall reflect accurate Contract prices. Invoices will not be
processed for payment until receipt of a complete invoice as specified herein.
9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.
Purchaser's obligation to pay invoices is subject to receipt of a timely and accurate invoice
and conforming Ammunition. Unless Contractor has provided a prompt payment discount
set forth in ExhibitA — Included Ammunition and Prices, Purchaser's payment is due within
thirty(30) calendar days of invoice. Purchaser retains the right of setoff for any amount due
or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments).
Contractor shall provide information necessary to facilitate electronic payments. If
Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount
of one percent (1%) per month on the amount overdue or a minimum of$1. Payment will
not be considered late if a check or warrant is mailed within the time specified.
9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any
erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar
days of written notice to Contractor; Provided, however, that Purchaser shall have the right
to elect to have either direct payments or written credit memos issued. If Contractor fails to
make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall
pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue
thirty(30) calendar days after notice to Contractor.
STATEWIDE CONTRACT No.22422—AMMUNITION 10
(Rev.2022-11-16)
9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or
receive advance payment for any Ammunition furnished by Contractor pursuant to this
Contract.
9.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or
impose any additional charges including, but not limited to, charges for shipping, handling,
insurance, or payment processing with the following exception. Orders that do not meet
the minimum order requirement of five (5) cases or more, may be charged an additional
shipping charge reflective of actual shipping costs which shall not exceed $30.00 per
case.TAxEs/FEES. Contractor promptly shall pay all applicable taxes on its operations and
activities pertaining to this Contract. Failure to do so shall constitute breach of this
Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the
State of Washington on purchased Ammunition. Contractor's invoices shall separately state
(a)taxable and non-taxable charges and (b) sales/use tax due by jurisdiction. In regard to
federal excise taxes, Contractor shall include federal excise taxes only if, after thirty (30)
calendar days written notice to Purchaser, Purchase has not provided Contractor with a
valid exemption certificate from such federal excise taxes.
10. CONTRACT MANAGEMENT.
10.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate
the following contract administrators as the respective single points of contact for purposes
of this Contract. Enterprise Services' contract administrator shall provide Contract
oversight. Contractor's contract administrator shall be Contractor's principal contact for
business activities under this Contract. The parties may change contract administrators by
written notice as set forth below.
Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or
sent via email, and shall be sent to the respective addressee at the respective address or
email address set forth below or to such other address or email address as the parties may
specify in writing:
Enterprise Services Contractor
Attn: Brad Stringfellow Attn: Ryan King
Washington Dept. of Enterprise Services San Diego Police Equipment Co. Inc.
PO Box 41411 8205 Ronson Road Suite A
Olympia, WA 98504-1411 San Diego, CA 92111
Tel: (360)407-9411 (Direct) Tel: (858) 974-8500
(360)407-2213 (Team Line) Email:
Email: DESContractsTeamFir@des.wa.gov ryan@sandiegopoliceequipment.com
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon
transmission to the designated email address of said addressee.
10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service
representative (and inform Enterprise Services of the same) who shall be responsible for
addressing Purchaser issues pertaining to this Contract.
10.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S.
certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent
STATEWIDE CONTRACT No.22422—AMMUNITION 11
(Rev.2022-11-16)
to the respective addressee at the respective address or email address set forth below or to
such other address or email address as the parties may specify in writing:
Enterprise Services Contractor
Attn: Legal Services Manager Attn: Tina Baker
Washington Dept. of Enterprise Services San Diego Police Equipment Co. Inc.
PO Box 41411 8205 Ronson Road Suite A
Olympia, WA 98504-1411 San Diego, CA 92111
Email: greg.tolbert@des.wa.gov Email:
tina@sandiegopoliceequipment.com
Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed,
upon return receipt, or, if emailed, upon transmission to the designated email address of
said addressee.
11. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;He CONTRACTOR REPORTS.
11.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to
Enterprise Services, as set forth below.
(a) Contract Sales Reporting System. Contractor shall report quarterly
Contract sales in Enterprise Services' Contract Sales Reporting System.
Enterprise Services will provide Contractor with a login password and a
vendor number. The password and vendor number will be provided to the
Sales Reporting Representative(s) listed on Contractor's Bidder Profile.
(b) Data. Each sales report must identify every authorized Purchaser by name
as it is known to Enterprise Services and its total combined sales amount
invoiced during the reporting period (i.e., sales of an entire agency or
political subdivision, not its individual subsections). The "Miscellaneous"
option may be used only with prior approval by Enterprise Services. Upon
request, Contractor shall provide contact information for all authorized
Purchasers specified herein during the term of the Contract. If there are
no Contract sales during the reporting period, Contractor must report zero
sales.
(c) Due dates for Contract Sales Reporting. Quarterly Contract Sales Reports
must be submitted electronically by the following deadlines for all
Contract sales invoiced during the applicable calendar quarter:
FOR SALES MADE IN CONTRACT SALES REPORT
QUARTER CALENDAR QUARTER ENDING
DUE BY PAST DUE
1 January 1—March 31 April 30 May 1
2 April 1—June 30 July 31 August 1
3 July 1—September 30 October 31 November 1
4 October 1—December 31 January 31 February 1
STATEWIDE CONTRACT No.22422—AMMUNITION 12
(Rev.2022-11-16)
11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management
fee ("VMF") of 1.25 percent on the purchase price for all Contract sales (the purchase price
is the total invoice price less applicable sales tax).
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is
calculated as follows:
Amount owed to Enterprise Services = Total Contract sales invoiced (not
including sales tax)x .0125.
(b) The VMF must be rolled into Contractor's current pricing. The VMF must
not be shown as a separate line item on any invoice unless specifically
requested and approved by Enterprise Services.
(c) Enterprise Services will invoice Contractor quarterly based on Contract sales
reported by Contractor. Contractor is not to remit payment until Contractor
receives an invoice from Enterprise Services. Contractor's VMF payment to
Enterprise Services must reference this Contract number, the year and
quarter for which the VMF is being remitted, and Contractor's name as set
forth in this Contract, if not already included on the face of the check.
(d) Contractor's failure to report accurate total net Contract sales, to submit a
timely Contract sales report, or to remit timely payment of the VMF to
Enterprise Services, may be cause for Enterprise Services to suspend
Contractor or terminate this Contract or exercise remedies provided by law.
Without limiting any other available remedies, the parties agree that
Contractor's failure to remit to Enterprise Services timely payment of the
VMF shall obligate Contractor to pay to Enterprise Services, to offset the
administrative and transaction costs incurred by the State to identify,
process, and collect such sums, the sum of $200.00 or twenty-five percent
(25%) of the outstanding amount, whichever is greater, or the maximum
allowed by law, if less.
(e) Enterprise Services reserves the right, upon thirty (30) calendar days
advance written notice, to increase, reduce, or eliminate the VMF for
subsequent purchases, and reserves the right to renegotiate Contract
pricing with Contractor when any subsequent adjustment of the VMF might
justify a change in pricing.
11.3. ANNUAL CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed
annual Contract sales report. Such report shall include, at a minimum: the Ammunition sold
(including, as applicable, item number or other identifier), per unit quantities sold, items
and volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and
Contract price. This report must be provided in an electronic format that can be read by
Microsoft (MS) Excel. Such report is due within thirty (30) calendar days following the
twelve (12) month anniversary of Contract effective date and annually thereafter.
STATEWIDE CONTRACT No.22422—AMMUNITION 13
(Rev.2022-11-16)
12. RECORDS RETENTION&AUDITS.
12.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other
evidence pertaining to this Contract and orders placed by Purchasers under it to the extent
and in such detail as shall adequately reflect contract performance and administration of
purchases, payments, taxes, and fees. Contractor shall retain such records for a period of
six (6) years following expiration or termination of this Contract or final payment for any
order placed by a Purchaser against this Contract, whichever is later; Provided, however,
that if any litigation, claim, or audit is commenced prior to the expiration of this period, such
period shall extend until all such litigation, claims, or audits have been resolved.
12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third-party audit,
applicable records to ensure that Contractor properly has invoiced Purchasers and that
Contractor has paid all applicable vendor management fees to Enterprise Services.
Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly
authorized agent of a governmental agency, to audit, inspect, examine, copy and/or
transcribe Contractor's books, documents, papers and records directly pertinent to this
Contract or Purchase Orders placed by a Purchaser under this Contract for the purpose of
making audits, examinations, excerpts, and transcriptions. This right shall survive for a
period of six (6) years following expiration or termination of this Contract or final payment
for any order placed by a Purchaser against this Contract, whichever is later; Provided,
however, that if any litigation, claim, or audit is commenced prior to the expiration of this
period, such period shall extend until all such litigation, claims, or audits have been resolved.
12.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any Other remedy
available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments
inconsistent with the terms of this Contract or Purchase Orders placed thereunder, at a rate
of 125% of any such overpayments, found as a result of the examination of Contractor's
records; and (b) reimburse Enterprise Services for any underpayment of vendor
management fees, at a rate of 125% of such fees found as a result of the examination of
Contractor's records (e.g., if Contractor underpays the Vendor Management Fee by $500,
Contractor would be required to pay to Enterprise Services $500 x 1.25 = $625); Provided,
however, that, in the event Contractor timely discovers and corrects any Purchaser
overpayment or Contractor underpayment of vendor management fees and does so prior to
the initiation of any audit, Contractor shall be entitled to reimburse Purchaser or pay to
Enterprise Services the actual amount of such Purchaser overpayment or such
underpayment of vendor management fees.
13. INSURANCE.
13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the
insurance coverages set forth in Exhibit 8—Insurance Requirements. All costs for insurance,
including any payments of deductible amounts, shall be considered incidental to and
included in the prices for Ammunition and no additional payment shall be made to
Contractor.
STATEWIDE CONTRACT No.22422—AMMUNITION 14
(Rev.2022-11-16)
13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation
statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its
employees as may be required by law, Enterprise Services may terminate this Contract. This
provision does not waive any of the Washington State Department of Labor and Industries
(L&I) rights to collect from Contractor. If Contractor performs services on Purchaser's behalf
in the State of Washington, and only to the extent of claims against Contractor by Purchaser
under the Indemnity obligations in this Contract, Contractor expressly waives any immunity
it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification obligation will not be limited in any way by any limitation on
the amount or type of damages, compensation, or benefits payable to or for any third party
under workers' compensation acts, disability benefit acts, or other employee benefit acts.
The parties expressly acknowledge and certify that the waiver of immunity under Title 51
RCW was mutually negotiated and agreed upon.
14. CLAIMS.
14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and
all risks of personal injury or property damage to itself and its employees and agents in
connection with its operations under this Contract. Enterprise Services has made no
representations regarding any factor affecting Contractor's risks. Contractor shall pay for all
damage to any Purchaser's property resulting directly or indirectly from Contractor's acts or
omissions under this Contract.
14.2. THIRD-PARTY CLAIMS; GENERAL INDEMNITY. TO the fullest extent permitted by law, Contractor
shall defend, INDEMNIFY, and hold Enterprise Services and any Purchaser and their employees
and agents harmless from and against all claims, demands, judgments, assessments,
damages, penalties, fines, costs, liabilities, or losses including, without limitation, sums paid
in settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively
"Claims") arising out of Contractor's or its successors', agents', or subcontractors'
negligence, other tortious fault, or intentional misconduct under this Contract; Provided,
however,that no right to indemnity will exist as to that portion of a Claim resulting from the
sole negligence, tortious fault, or intentional misconduct of Enterprise Services or Purchaser.
The parties agree that if there are any limitations of Contractor's liability, including a
limitation of liability clause for anyone for whom the Contractor is responsible, such
limitations of liability shall not apply to injuries to persons (including death), damages to
property, data breach, and/or intellectual property infringement. Contractor shall take all
steps needed to keep Purchaser's property free of liens arising from Contractor's activities,
and promptly obtain or bond the release of any such liens that may be filed.
14.3. INTELLECTUAL PROPERTY INDEMNITY. TO the fullest extent permitted by law, Contractor shall
defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and
agents harmless from against any and all Claims resulting from allegations of infringement
of any patents, copyrights, trade secret, or similar intellectual property rights covering the
Ammunition provided, or the use of the Ammunition under this Contract. If Purchaser's use
of Ammunition and provided by Contractor is enjoined based on an intellectual property
infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the
right to continue using the Ammunition or, after consulting with Purchaser and obtaining
Purchaser's consent, replace or modify the Ammunition with substantially similar and
functionally equivalent non-infringing Ammunition.
STATEWIDE CONTRACT No.22422—AMMUNITION 15
(Rev.2022-11-16)
15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Contract
efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such
dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each
organization. In such situation, upon notice by either party, each party, within five (5) business days
shall reduce its description of the dispute to writing and deliver it to the other party. The receiving
party then shall have three (3) business days to review and respond in writing. In the event that the
parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference
between the respective senior managers of each organization to attempt to resolve the dispute. In
the event the parties cannot agree, either party may resort to court to resolve the dispute.
16. TERMINATION;EXPIRATION;SUSPENSION;&REMEDIES.
16.1. TERMINATION. This Contract may be terminated: (a) upon the mutual written agreement of
the parties; (b) by the non-breaching party where the breach is not cured within thirty (30)
calendar days after written notice of breach is delivered to the breaching party, unless a
different time for cure is otherwise stated in this Contract; and (c) as otherwise expressly
provided for in this Contract. This Contract shall terminate automatically and without
further action if a party becomes insolvent or is placed in receivership, reorganization,
liquidation, or bankruptcy. In addition to any other available remedies, the non-breaching
party may terminate this Contract as provided in subsection (b) above without further
liability by written notice to the breaching party. A termination for breach will not affect
rights or obligations accrued or owed before the effective date of the termination notice.
16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise
Services may suspend or terminate this Contract and Purchasers may suspend or terminate
applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services
or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably
determines that: (a) a change in Federal or State legislation or applicable laws materially
affects the ability of either party to perform under the terms of this Contract or applicable
Purchase Order; or (b)that a change in available funds affects Purchaser's ability to pay
under the applicable Purchase Order. A change of available funds as used in this section
includes but is not limited to a change in Federal or State funding, whether as a result of a
legislative act or by order of the President or the Governor. If a written notice is delivered
under this provision, Purchaser will reimburse Contractor for Ammunition properly ordered
until the effective date of said notice. Except as stated in this provision, in the event of
termination for nonappropriation or reduction of funds or changes in law, Purchaser will
have no obligation or liability to Contractor.
16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may
terminate this Contract; Provided, however, that such termination for public convenience
must, in Enterprise Services' judgment, be in the best interest of the State of Washington;
and Provided further, that such termination for public convenience shall only be effective
upon sixty (60) calendar days prior written notice; and Provided further, that such
termination for public convenience shall not relieve any Purchaser from payment for
Ammunition already ordered as of the effective date of such notice. Except as stated in this
provision, in the event of such termination for public convenience, neither Enterprise
Services nor any Purchaser shall have any obligation or liability to Contractor.
16.4. PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Contract, Purchaser shall accept
and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor
the price as set out in the Contract. Notwithstanding any provision to the contrary, in no
STATEWIDE CONTRACT No.22422—AMMUNITION 16
(Rev.2022-11-16)
event shall a Purchaser's Purchase Order pursuant to this Contract that is executed prior to
expiration of this Contract allow for Contractor to provide Ammunition more than twelve
(12) months beyond the expiration date of the Contract.
16.5. CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination Of this
Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any
Ammunition sold hereunder and all provisions of the Contract that, by their nature, would
continue beyond the expiration, termination, or cancellation of the Contract shall so
continue and survive; and (b) promptly return to Purchaser all keys, badges, and other
materials supplied by Purchaser for the performance of any Purchase Order entered into
pursuant to this Contract.
16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare
Contractor in default of this Contract:
(a) Contractor fails to perform or comply with any of the terms or conditions of
this Contract;
(b) Contractor fails to timely report contract sales;
(c) Contractor fails to timely pay the vendor management fees when due; or
(d) Contractor breaches any representation or warranty provided herein.
16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's
operations under this Contract immediately by written cure notice of any default.
Suspension shall continue until the default is remedied to Enterprise Services' reasonable
satisfaction; Provided, however, that, if after thirty (30) calendar days from such a
suspension notice, Contractor remains in default, Enterprise Services may terminate
Contractor's rights under this Contract. All of Contractor's obligations to Enterprise Services
and Purchasers survive termination of Contractor's rights under this Contract, until such
obligations have been fulfilled.
16.8. REMEDIES FOR DEFAULT.
(a) Enterprise Services' rights to suspend and terminate Contractor's rights
under this Contract are in addition to all other available remedies.
(b) In the event of termination for default, Enterprise Services may exercise any
remedy provided by law including, without limitation, the right to procure
for all Purchasers replacement Ammunition. In such event, Contractor shall
be liable to Enterprise Services for damages as authorized by law including,
but not limited to, any price difference between the Contract price and the
replacement or cover price as well as any administrative and/or transaction
costs directly related to such replacement procurement — e.g., the cost of
the competitive procurement.
16.9. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree
that in no event shall any party or Purchaser be liable to the other for exemplary or punitive
damages; Provided, however, that nothing contained in this Section will in any way exclude
or limit: (a) a party's liability for all damages arising out of that party's intentional acts or
omissions; (b)the operation of any warranty provided in this Contract; or (c) damages
subject to the Intellectual Property Indemnity section of this Contract. Any limitation of
either party's obligations under this Contract, by delivery slips or other documentation is
void.
STATEWIDE CONTRACT No.22422—AMMUNITION 17
(Rev.2022-11-16)
16.10. SUSPENSION/TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or
termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient
suspension or termination. Accordingly, Contractor shall deliver to Purchasers all
Ammunition that has been ordered and Purchasers shall inspect, accept, and pay for the
same in accordance with this Contract and the applicable Purchase Order. Unless directed
by Enterprise Services to the contrary, Contractor shall not process any orders after notice
of suspension or termination inconsistent therewith.
16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual
written agreement of the parties; (b) by the non-breaching party where the breach is not
cured within thirty (30) calendar days after written notice of breach is delivered to the
breaching party, unless a different time for cure is otherwise stated in the applicable
Purchase Order; and (c) as otherwise expressly provided for in the applicable Purchase
Order. Purchase Orders shall terminate automatically and without further action if a party
becomes insolvent or is placed in receivership, reorganization, liquidation, or bankruptcy. In
addition to any other available remedies, the non-breaching party may terminate the
Purchase Order as provided in subsection (b) above without further liability by written
notice to the breaching party. A termination for breach will not affect rights or obligations
accrued or owed before the effective date of the termination notice.
17. PUBLIC INFORMATION He PUBLIC RECORDS DISCLOSURE REQUESTS.
17.1. WASHINGTON'S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this
Contract and all related records are subject to public disclosure as required by Washington's
Public Records Act, RCW 42.56.
17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the
relevant page(s) of any records provided to Enterprise Services that Contractor believes are
statutorily exempt from disclosure and identify the precise statutory basis for exemption
from disclosure. In addition, if, in Contractor's judgment, certain portions of such records
are not statutorily exempt from disclosure but are sensitive because particular portions of
Contractor's records (NOT including pricing) include highly confidential, proprietary, or trade
secret information (or the equivalent) that Contractor protects through the regular use of
confidentiality or similar agreements and routine enforcements through court enforcement
actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of
any records that include such sensitive information.
17.3. ENTERPRISE SERVICES' OBLIGATION. In the event that Enterprise Services receives a public
records disclosure request pertaining to records that Contractor has submitted and marked
either as (a) statutorily exempt from disclosure; or (b) sensitive, Enterprise Services, prior to
disclosure, will do the following: Enterprise Services' Public Records Officer will review any
records marked by Contractor as statutorily exempt from disclosure. In those situations,
where the designation comports with the stated statutory exemption from disclosure,
Enterprise Services will redact or withhold the record(s) as appropriate. For records marked
'sensitive' or for records where Enterprise Services determines that no statutory exemption
to disclosure applies or is unable to determine whether the stated statutory exemption to
disclosure properly applies, Enterprise Services will notify Contractor, at the address
provided in the Contract, of the public records disclosure request and identify the date that
Enterprise Services intends to release the record(s) (including records marked 'sensitive' or
exempt from disclosure) to the requester unless Contractor, at Contractor's sole expense,
STATEWIDE CONTRACT No.22422—AMMUNITION 18
(Rev.2022-11-16)
timely obtains a court order enjoining Enterprise Services from such disclosure. In the event
Contractor fails to timely file a motion for a court order enjoining such disclosure, Enterprise
Services will release the requested record(s) on the date specified. Contractor's failure
properly to identify exempted or sensitive information or timely respond after notice of
request for public disclosure has been given shall be deemed a waiver by Contractor of any
claim that such records are exempt or protected from public disclosure.
18. GENERAL PROVISIONS.
18.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Contract.
18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall
obtain all necessary permits and approvals and give all stipulations, certifications, and
representations that may be required for it to perform this Contract.
18.3. ENTIRE AGREEMENT. This Contract constitutes the entire agreement and understanding of the
parties with respect to the subject matter and supersedes all prior negotiations,
representations, and understandings between them. There are no representations or
understandings of any kind not set forth herein.
18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Contract may not be amended
or modified except in writing and signed by a duly authorized representative of each party.
18.5. AUTHORITY. Each party to this Contract, and each individual signing on behalf of each party,
hereby represents and warrants to the other that it has full power and authority to enter
into this Contract and that its execution, delivery, and performance of this Contract has
been fully authorized and approved, and that no further approvals or consents are required
to bind such party.
18.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall
be or is intended to be created by or under this Contract. Neither party is an agent of the
other party nor authorized to obligate it.
18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is
created by this Contract. Contractor and its employees or agents performing under this
Contract are not employees or agents of Enterprise Services. Contractor shall not have
authorization, express or implied, to bind Enterprise Services to any agreement, liability, or
understanding, except as expressly set forth herein. Contractor and its employees and
agents are not entitled to unemployment insurance or worker's compensation benefits
through Enterprise Services or the State of Washington and Enterprise Services and the
State of Washington will not pay for or otherwise provide such coverage for Contractor and
its employees and agents.
18.8. ASSIGNMENT. Contractor may not assign its rights under this Contract without Enterprise
Services' prior written consent and Enterprise Services may consider any attempted
assignment without such consent to be void; Provided, however, that, if Contractor
(a) provides written notice to Enterprise Services within thirty (30) calendar days of such
event and (b)timely executes Enterprise Services' Assignment, Assumption, and Consent
Agreement, Contractor may assign its rights under this Contract in full to any parent,
subsidiary, or affiliate of Contractor that controls or is controlled by or under common
control with Contractor, is merged or consolidated with Contractor, or purchases a majority
or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed,
STATEWIDE CONTRACT No.22422—AMMUNITION 19
(Rev.2022-11-16)
Contractor guarantees prompt performance of all obligations under this Contract
notwithstanding any prior assignment of its rights.
18.9. BINDING EFFECT; SUCCESSORS&ASSIGNS. This Contract shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and assigns.
18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED AMMUNITION. Contractor irrevocably
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or
cause of action which Contractor now has or which may accrue to Contractor in the future
by reason of any violation of state or federal antitrust laws in connection with any
Ammunition provided in Washington for the purpose of carrying out Contractor's
obligations under this Contract, including, at Enterprise Services' option, the right to control
any such litigation on such claim for relief or cause of action.
18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Ammunition
pursuant to this Contract, such Purchaser shall specify, with its Purchase Order, any
applicable requirement or certification that must be satisfied by Contractor at the time the
Purchase Order is placed or upon delivery of such Ammunition to Purchaser.
18.12. SEVERABIUTY. If any provision of this Contract is held to be invalid or unenforceable, such
provision shall not affect or invalidate the remainder of this Contract, and to this end the
provisions of this Contract are declared to be severable. If such invalidity becomes known
or apparent to the parties, the parties agree to negotiate promptly in good faith in an
attempt to amend such provision as nearly as possible to be consistent with the intent of
this Contract.
18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and
conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or
to notify the other party in the event of breach, shall not release the other party of any of its
obligations under this Contract, nor shall any purported oral modification or rescission of
this Contract by either party operate as a waiver of any of the terms hereof. No waiver by
either party of any breach, default, or violation of any term, warranty, representation,
contract, covenant, right, condition, or provision hereof shall constitute waiver of any
subsequent breach, default, or violation of the same or other term, warranty,
representation, contract, covenant, right, condition, or provision.
18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth
in or otherwise made pursuant to this Contract shall survive and remain in effect following
the expiration or termination of this Contract, Provided, however, that nothing herein is
intended to extend the survival beyond any applicable statute of limitations periods.
18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Contract
shall be governed by and construed in accordance with the laws of the State of Washington,
without regard to any choice of law principles that would provide for the application of the
laws of another jurisdiction.
18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this
Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court for
the State of Washington and agree that in any such action venue shall lie exclusively at
Olympia, Washington.
18.17. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce this Contract,
each party shall bear its own attorneys'fees and costs.
STATEWIDE CONTRACT No.22422—AMMUNITION 20
(Rev.2022-11-16)
18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be Construed as a
whole according to their common meaning and not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and
purposes of this Contract. Each party hereto and its counsel has reviewed and revised this
Contract and agrees that the normal rules of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be construed in the interpretation of
this Contract. Each term and provision of this Contract to be performed by either party shall
be construed to be both a covenant and a condition.
18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Contract, the
parties shall each do whatever may reasonably be necessary to accomplish the transactions
contemplated in this Contract including, without limitation, executing any additional
documents reasonably necessary to effectuate the provisions and purposes of this Contract.
18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Contract in
their entirety.
18.21. CAPTIONS & HEADINGS. The captions and headings in this Contract are for convenience only
and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or
intent of this Contract nor the meaning of any provisions hereof.
18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Contract or any
other ancillary agreement shall be deemed to have the same legal effect as delivery of an
original executed copy of this Contract or such other ancillary agreement for all purposes.
18.23. COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which
shall be deemed an original and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Contract at different times and places by the parties shall not affect the validity thereof so
long as all the parties hereto execute a counterpart of this Contract.
EXECUTED as of the date and year first above written.
STATE OF WASHINGTON SAN DIEGO POLICE EQUIPMENT CO.INC.,
Department of Enterprise Services a California Corporation
By: �4j �" By: Rya�z o�:s7PST)
ELENA MCGREW Ryan King
Its: Procurement Manager Its: Sales Manager
STATEWIDE CONTRACT No.22422—AMMUNITION
(Rev.2022-11-16)
EXHIBIT A
INCLUDED AMMUNITION AND PRICES
All Ammunition:
■ Shall be factory new, not reloaded or remanufactured
■ Shall meet the Sporting Arms and Manufacturer's Institute (SAAMI) requirements for technical
specifications,transportation, storage
HANDGUN AMMUNITION
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code per Case per Case
(SKU)
1 Federal Full Metal Jacket American Eagle AE9DP 9MM 115 1,000 $ 239.90
2 Federal Hollow Point Hi-Shok 96P 9MM 115 1,000 $ 325.10
3 Federal Full Metal Jacket American Eagle AE9AP 9MM 124 1,000 $ 239.90
4 Federal Hollow Point+P HST P9HST3 9MM 124 1,000 $ 425.08
5 Federal Jacketed Hollow Point HST P9HST2 9MM 147 1,000 $ 425.08
6 Federal Full Metal Jacket American Eagle AE9FP 9MM 147 1000 $ 258.30
7 Federal Full Metal Jacket American Eagle AE38K 0.38 S 130 1,000 $ 409.52
8 Federal Jacketed Hollow Point HST P40HST3 0.40 165 1,000 $ 487.20
9 Federal Full Metal Jacket American Eagle AE40111 0.40 180 1,000 $ 346.72
10 Federal Jacketed Hollow Point HST P40HST1 0.40 180 1,000 $ 487.20
11 Federal Full Metal Jacket American Eagle AE45A 0.45 230 1,000 $ 402.50
12 Federal Jacketed Hollow Point HST P45HST2 0.45 230 1,000 $ 529.70
13 Federal Frangible RHT BC9NT3 91VIM 100 1000 $ 487.90
14 Federal Frangible RHT BC40CT1 40 S&W 125 1000 $ 630.96
15 Federal Frangible RHT BC45CT1 45ACP 155 1000 $ 645.10
16 Federal Jacketed Hollow Point HST P9HST1 9mm 124 1000 $ 425.08
17 Remington Full Metal Jacket Range R27778 9MM 115 1,000 $ 266.10
18 Remington Full Metal Jacket Range R27780 9MM 124 1,000 $ 271.75
19 Remington Hollow Point+P Golden Saber 29358 9MM 124 500 $ 286.50
20 Remington Bonded Jacketed Hollow Golden Saber 29351 9MM 124 500 $ 394.52
Point+P
21 Remington Jacketed Hollow Point Golden Saber 29359 9MM 147 500 $ 286.50
22 Remington Bonded Jacketed Hollow Golden Saber 29353 9MM 147 500 $ 377.65
Point
23 Remington Full Metal Jacket UMC 23730 0.38 S 130 500 $ 283.90
24 Remington Full Metal Jacket UMC 23779 0.40 180 500 $ 483.14
25 Remington Jacketed Hollow Point Golden Saber R29430 0.40 180 500 $ 310.50
26 Remington Full Metal Jacket UMC 23696 0.45 230 500 $ 350.10
27 Remington Bonded Hollow Point Golden Saber 29416 0.45 230 500 $ 420.05
28 Remington Jacketed Hollow Point Golden Saber 29453 0.45 230 500 $ 342.30
STATEWIDE CONTRACT No.22422-AMMUNITION 22
(Rev.2022-11-16)
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code per Case per Case
(SKU)
29 Speer Total Metal Jacket or Lawman 53650 9 MM 115 1,000 $ 228.40
Brass Enclosed Base
30 Speer Bonded Hollow Point Gold Dot 53614 9 MM 115 1,000 $ 420.95
31 Speer Bonded Hollow Point Gold Dot 53618 9 MM 124 1,000 $ 420.95
32 Speer Total Metal Jacket Lawman 53651 9 MM 124 1,000 $ 228.40
33 Speer Bonded Hollow Point+P Gold Dot 53617 9 MM 124 1,000 $ 420.95
34 Speer Bonded Hollow Point Gold Dot 53619 9 MM 147 1,000 $ 420.95
35 Speer Full Metal Jacket Lawman 53620 9 MM 147 1000 $ 249.20
36 Speer Bonded Hollow Point Gold Dot 53970 0.40 165 1,000 $ 484.42
37 Speer Full Metal Jacket Lawman 53652 0.40 180 1,000 $ 313.40
38 Speer Bonded Hollow Point Gold Dot 53962 0.40 180 1,000 $ 484.42
39 Speer Total Metal Jacket Lawman 53653 0.45 230 1,000 $ 351.90
40 Speer Bonded Hollow Point Gold Dot 53966 0.45 230 1,000 $ 537.75
41 Speer Bonded Gold Dot G2 54226 9mm 147 1000 $ 485.15
42 Speer Bonded Gold Dot G2 53999 40S&W 180 1000 $ 544.80
43 Speer TMJ Lawman 53608 380ACP 95 1000 $ 338.96
44 Speer Bonded Hollow Point Gold Dot 53606 380ACP 90 1000 $ 409.34
45 Speer TMJ Lawman 53733 38Spl 125 1000 $ 402.38
46 Speer Bonded Hollow Point Gold Dot 53720 38Spl +P 125 1000 $ 525.96
47 Speer TMJ CleanFire 53880 40S&W 180 1000 $ 320.54
48 Speer Frangible RHT 53365 9mm 100 1000 $ 464.72
49 Speer Frangible RHT 53375 405&W 125 1000 $ 551.79
50 Speer Frangible RHT 53395 45ACP 155 1000 $ 635.90
HANDGUN, LEAD-FREE (GREEN)
Bullet Style Manufacturer Caliber Grain Product Name Product Rounds Price Per
#(SKU) per Case Case
Total Metal Jacket, Clean Burn Federal 9 MM 124 American Eagle IRT AE9N1 1000 $ 323.95
Lead Free Primer, Brass Federal 9 MM 147 American Eagle IRT AE9N2 1000 $ 323.95
Enclosed Base
Total Metal Jacket, Clean Burn Federal 0.45 230 American Eagle IRT AE45N1 1000 $ 478.55
Total Metal Jacket, Clean Burn Speer 9 MM 124 Clean Fire 53824 1 1000 $ 253.15
Lead Free Primer, Brass Speer 9 MM 147 Clean Fire 53826 1000 $ 253.15
Enclosed Base
Total Metal Jacket, Clean Burn Speer 0.45 230 Clean Fire 53885 1000 $ 382.50
STATEWIDE CONTRACT NO.22422-AMMUNITION 23
(Rev.2022-11-16)
RIFLE AMMUNITION
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code (SKU) per Case per Case
1 Federal Pointed Soft Point Tactical TRU T223A 0.223 55 500 $ 331.40
2 Federal Full Metal Jacket, Boat American Eagle AE223 0.223 55 500 $ 239.90
Tail
3 Federal Boat Tail Hollow Tip Tactical TRU T223E 0.223 55 500 $ 424.10
4 Federal Ballistic Tip Tactical TRU T223T 0.223 55 500 $ 442.65
5 Federal Bonded Soft Point Tactical Bonded LE223T3 0.223 62 200 $ 252.05
6 Federal Jacketed Soft Point Tactical TRU T223L 0.223 64 500 $ 331.40
7 Federal Boat Tail Hollow Tip Gold Medal GM308M500 0.308 168 500 $ 627.68
Match
8 Federal Ballistic Tip Tactical Tip T308T 0.308 168 500 $ 627.68
9 Federal Bonded Tactical Bonded LE223T1 223Rem 55 200 $ 252.05
10 Federal Bonded Tip Tactical Bonded LE308TT2 308Win 168 200 $ 399.85
11 Federal Frangible Ballisticlean BC556NX1 5.56mm 50 500 $ 444.23
12 Federal FMJ American Eagle AE223N 223Rem 62 500 $ 269.40
13 Federal FMJ American Eagle AE308D 308Win 150 500 $ 479.30
14 Remington Full Metal Jacket UMC 23685 0.223 55 500 $ 257.10
15 Remington Bonded Soft Point Premier 28918 0.223 62 200 $ 189.40
16 Speer Bonded Soft Point Gold Dot 24446 0.223 55 500 $ 317.20
17 Speer Bonded Soft Point Gold Dot 24445SP 0.223 62 500 $ 317.20
18 Speer Bonded Soft Point Gold Dot 24475 0.223 j 75 500 $ 322.80
19 Speer Bonded Soft Point Gold Dot 24458 308Win 168 500 $ 549.70
20 Speer Copper Plated Mini-Mag 30 22LR 40 5000 $ 378.22
LEAD-FREE RIFLE AMMUNITION (GREEN)
Manufacturer Bullet Style (or Caliber Grain Product Name Product Code(SKU) Rounds Price Per
equal) per Case Case
Federal Non-Toxic Frangible 0.223 42 Ballisticlean BC223NT5 500 $444.23
Remington Frangible 0.223 55 Disintegrator 23896 500 $367.22
SHOTGUN AMMUNITION
# Manufacturer Bullet Style Product Product Caliber Pellet Rounds Price
Name Code Count per per Case
(SKU) Case
1 Federal 00 Buck Shot, Low Tactical LE13200 12 Gauge, 2-3/4" 9 250 $ 204.80
Recoil
2 Federal Hollow Point, Rifled Tactical LE127RS 12 Gauge, 2-3/4" n/a 250 $ 208.20
Slug
3 Federal #7.5 Bird Shot Top Gun TGL12-7.5 12 Gauge, 2-3/4" n/a 250 $ 87.95
4 Federal Slug, Duty, Practice Power Shok F127RS 12 Gauge, 1" n/a 250 $ 205.60
STATEWIDE CONTRACT No.22422—AMMUNITION 24
(Rev.2022-11-16)
# Manufacturer Bullet Style Product Product Caliber Pellet Rounds Price
Name Code Count per per Case
(SKU) Case
5 Federal 00 Buck Shot Tactical LE13300 12 Gauge, 2-1/2" 8 250 $ 204.80
6 Federal 00 Buck Shot Tactical LE12700 12 Gauge 9 250 $ 204.80
7 Federal Rifled Slug TruBall LEB127LRS 12 Gauge, 2-3/4" n/a 250 $ 212.50
8 Federal #8 Shot Top Gun TGL12-8 12 Gauge, 2-3/4" n/a 250 $ 87.95
9 Remington 00 Buck Shot, Low LE Reduced 20643 12 Gauge, 2-3/4" 9 250 $ 224.05
Recoil Recoil
10 Remington Hollow Point, Rifled Slugger 20285 12 Gauge, 2-3/4" n/a 250 $ 252.90
Slug
11 Remington #7.5 Bird Shot Gun Club 20244 12 Gauge, 2-3/4" n/a 250 $ 92.14
12 Remington Slug, Duty, Practice Slugger 20279 12 Gauge, 1" n/a 250 $ 238.50
13 Remington 00 Buck Shot LE Reduced 20645 12 Gauge, 2-1/2" 8 250 $ 238.10
Recoil
14 Remington 00 Buck Shot Express LE 20812 12 Gauge 9 250 $ 242.20
15 Remington #8 Shot Gun Club 20230 12 Gauge, 2-3/4" n/a 250 $ 92.14
SHOTGUN AMMUNITION, LEAD-FREE (GREEN)
# Manufacturer Bullet Style (or equal) Product Product Caliber Pellet Shells per Price Per
Name #(SKU) Count Case Case
1 Federal Frangible 00 Buck Ballisticlean BC13200 12 9 250 $ 338.12
Gauge
2 Federal Frangible Slug Ballisticlean BC127RS 12 n/a 250 $ 449.80
Gauge
3 Remington Frangible Slug Disintegrator 20635 12 - 250 $ 454.85
Gauge
4 Remington Frangible 00 Buck Disintegrator 20641 12 9 250 $ 425.12
Gauge
STATEWIDE CONTRACT NO.22422—AMMUNITION 25
(Rev.2022-11-16)
EXHIBIT B
INSURANCE REQUIREMENTS
1. INSURANCE OBLIGATION. During the Term Of this Contract, Contractor shall possess and maintain
in full force and effect, at Contractor's sole expense,the following insurance coverages:
a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance
(and, if necessary, commercial umbrella liability insurance) covering bodily
injury, property damage, products/completed operations, personal injury, and
advertising injury liability on an 'occurrence form' that shall be no less
comprehensive and no more restrictive than the coverage provided by
Insurance Services Office (ISO) under the most recent version of form CG 00 01
in the amount of not less than $1,000,000 per occurrence and $2,000,000
general aggregate. This coverage shall include blanket contractual liability
coverage. This coverage shall include a cross-liability clause or separation of
insured condition.
b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable
Workers' Compensation or Industrial Accident insurance providing benefits as
required by law.
c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if
necessary, commercial umbrella liability insurance) with limits not less than
$1,000,000 each accident for bodily injury by accident, $1,000,000 each
employee for bodily injury by disease, and $1,000,000 bodily injury by disease
policy limit. The insurance coverage limits set forth herein are the minimum.
Contractor's insurance coverage shall be no less than the minimum amounts
specified. Coverage in the amounts of these minimum limits, however, shall not
be construed to relieve Contractor from liability in excess of such limits.
Contractor waives all rights against the State of Washington for the recovery of
damages to the extent such damages are covered by any insurance required
herein.
d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE (applicable if Contractor Uses a
Vehicle to access Purchasers' premises). 'Symbol 1' commercial automobile
liability coverage (and, if necessary, commercial umbrella liability insurance)
including coverage for all owned, hired, and non-owned vehicles. The combined
single limit per accident shall not be less than $1,000,000.
2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
insurance company deemed acceptable to the State of Washington's Office of Risk
Management. Insurance coverage shall be provided by companies authorized to do business
within the State of Washington and rated A- Class VII or better in the most recently published
edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any
insurance carrier(s)with an unacceptable financial rating.
3. ADDITIONAL INSURED. Any required Commercial General Liability or Commercial Automobile
Liability shall include the State of Washington and all authorized Purchasers (and their agents,
STATEWIDE CONTRACT No.22422—AMMUNITION 26
(Rev.2022-11-16)
officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured
Endorsement attached to the Certificate of Insurance on such insurance policies.
4. CERTIFICATE OF INSURANCE. Prior to execution of the Contract, Contractor shall furnish to
Enterprise Services, as evidence of the insurance coverage required by this Contract, a
certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated
kinds and minimum amounts, has been secured. In addition, no less than ten (10) calendar days
prior to coverage expiration, Contractor shall furnish to Enterprise Services an updated or
renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the
above-stated kinds and minimum amounts, has been secured. Failure to maintain or provide
proof of insurance, as required, will result in contract cancellation. All policies and certificates
of insurance shall include the Contract number stated on the cover of this Contract. All
certificates of Insurance and any related insurance documents shall be sent via email to
Enterprise Services, and shall be sent to the email address set forth below:
Email: DESContractsTeamFir@des.wa.gov
Note: For Email notice,the Email Subject line must state:
Contract Insurance Certificate—Contract No.22422—Ammunition
5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution
from any insurance or self-insurance maintained by, or provided to, the additional insureds
listed above including, at a minimum, the State of Washington and/or any Purchaser. All
insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any
insurance provided by Contractor or subcontractors.
6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required
insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any
such subcontractor to provide insurance that complies with all applicable requirements of the
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
for each subcontractor. Each subcontractor must comply fully with all insurance requirements
stated herein. Failure of any subcontractor to comply with insurance requirements does not
limit Contractor's liability or responsibility.
7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of
Washington and any Purchaser for the recovery of damages to the extent such damages are or
would be covered by the insurance specified herein.
8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion
of aggregate limits, or intent not to renew insurance coverage, either in whole or in part,
without at least sixty (60) calendar days prior written Legal Notice by Contractor to Enterprise
Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any
such written notice shall include the Contract number stated on the cover of this Contract.
9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather
than occurrence), Contractor shall maintain such coverage for a period of no less than three (3)
years following expiration or termination of the Contract.
* * * END OF INSURANCE REQUIREMENTS
STATEWIDE CONTRACT No.22422—AMMUNITION 27
(Rev.2022-11-16)
22422 S D P E Contract
Final Audit Report 2023-12-21
Created: 2023-12-19
By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAzOG63bvCuLTWj6FErsB96tV9ymOSUUPe
"22422 SDPE Contract" History
Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov)
2023-12-19-0:47:33 AM GMT
Document emailed to ryan@sandiegopoliceequipment.com for signature
2023-12-19-0:48:25 AM GMT
Email viewed by ryan@sandiegopoliceequipment.com
2023-12-21 -5:54:30 PM GMT
z� Signer ryan@sandiegopoliceequipment.com entered name at signing as Ryan King
2023-12-21 -5:57:48 PM GMT
Document e-signed by Ryan King (ryan@sandiegopoliceequipment.com)
Signature Date:2023-12-21 -5:57:50 PM GMT-Time Source:server
Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature
2023-12-21 -5:57:52 PM GMT
Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov)
2023-12-21 -8:28:12 PM GMT
C% Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov)
Signature Date:2023-12-21 -8:29:01 PM GMT-Time Source:server
0 Agreement completed.
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Adobe Acrobat Sign
Handgun Ammunition
# Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price
(SKU) per Case per Case
1 Federal Full Metal Jacket American Eagle AE9DP 91VIM 115 1,000 $ 239.90
2 Federal Hollow Point Hi-Shok 9BP 9 MM 115 1,000 $ 325.10
3 Federal Full Metal Jacket American Eagle AE9AP 91VIM 124 1,000 $ 239.90
4 Federal Hollow Point+P HST P9HST3 91VIM 124 1,000 $ 425.08
5 Federal Jacketed Hollow Point HST P9HST2 9MM 147 1,000 $ 425.08
6 Federal Full Metal Jacket American Eagle AE9FP 91VIM 147 1000 $ 258.30
7 Federal Full Metal Jacket American Eagle AE38K 38 SPL 130 1,000 $ 409.52
8 Federal Jacketed Hollow Point HST P40HST3 40 S&W 165 1,000 $ 487.20
9 Federal Full Metal Jacket American Eagle AE40R1 40 S&W 180 1,000 $ 346.72
10 Federal Jacketed Hollow Point HST P40HST1 40 S&W 180 1,000 $ 487.20
11 Federal Full Metal Jacket American Eagle AE45A 45 ACP 230 1,000 $ 402.50
12 Federal Jacketed Hollow Point HST P45HST2 45 ACP 230 1,000 $ 529.70
13 Federal Frangible RHT BC9NT3 9MM 100 1000 $ 487.90
14 Federal Frangible RHT BC40CT1 40 S&W 125 1000 $ 630.96
15 Federal Frangible RHT BC45CT1 45 ACP 155 1000 $ 645.10
16 Federal Jacketed Hollow Point HST P9HST1 9mm 124 1000 $ 425.08
17 Remington Full Metal Jacket Range R27778 91VIM 115 1,000 $ 266.10
18 Remington Full Metal Jacket Range R27780 91VIM 124 1,000 $ 271.75
19 Remington Hollow Point+P Golden Saber 29358 91VIM 124 500 $ 286.50
Bonded Jacketed Hollow Point
20 Remington Golden Saber 29351 9MM 124 500 $ 394.52
+P
21 Remington Jacketed Hollow Point Golden Saber 29359 91VIM 147 500 $ 286.50
22 Remington Bonded Jacketed Hollow Point Golden Saber 29353 9MM 147 500 $ 377.65
23 Remington Full Metal Jacket UMC 23730 38 SPL 130 500 $ 283.90
24 Remington Full Metal Jacket UMC 23779 40 S&W 180 500 $ 483.14
25 Remington Jacketed Hollow Point Golden Saber R29430 40 S&W 180 500 $ 310.50
26 Remington Full Metal Jacket UMC 23696 45 ACP 230 500 $ 350.10
27 Remington Bonded Hollow Point Golden Saber 29416 45 ACP 230 500 $ 420.05
28 Remington Jacketed Hollow Point Golden Saber 29453 45 ACP 230 500 $ 342.30
Total Metal Jacket or Brass
29 Speer Lawman 53650 9 MM 115 1,000 $ 228.40
Enclosed Base
30 Speer Bonded Hollow Point Gold Dot 53614 9 MM 115 1,000 $ 420.95
31 Speer Bonded Hollow Point Gold Dot 53618 9 MM 124 1,000 $ 420.95
32 ISpeer Total Metal Jacket Lawman 53651 9 MM 124 1,000 $ 228.40
33 Speer Bonded Hollow Point+P Gold Dot 53617 9 MM 124 1,000 $ 420.95
34 Speer Bonded Hollow Point Gold Dot 53619 9 MM 147 1,000 $ 420.95
35 Speer Full Metal Jacket Lawman 53620 9 MM 147 1000 $ 249.20
36 Speer Bonded Hollow Point Gold Dot 53970 40 S&W 165 1,000 $ 484.42
37 Speer Full Metal Jacket Lawman 53652 40 S&W 180 1,000 $ 313.40
38 Speer Bonded Hollow Point Gold Dot 53962 40 S&W 180 1,000 $ 484.42
39 Speer Total Metal Jacket Lawman 53653 45 ACP 230 1,000 $ 351.90
40 Speer Bonded Hollow Point Gold Dot 53966 45 ACP 230 1,000 $ 537.75
41 Speer Bonded Gold Dot G2 54226 9 MM 147 1000 $ 485.15
42 Speer Bonded Gold Dot G2 53999 40S&W 180 1000 $ 544.80
43 Speer TMJ Lawman 53608 380ACP 95 1000 $ 338.96
44 Speer Bonded Hollow Point Gold Dot 53606 380ACP 90 1000 $ 409.34
45 Speer TMJ Lawman 53733 38 SPL 125 1000 $ 402.38
46 Speer Bonded Hollow Point Gold Dot 53720 38 SPL+P 125 1000 $ 525.96
47 Speer TMJ CleanFire 53880 40S&W 180 1000 $ 320.54
48 Speer Frangible RHT 53365 9mm 100 1000 $ 464.72
49 Speer Frangible RHT 53375 40S&W 125 1000 $ 551.79
50 Speer Frangible RHT 53395 45ACP 155 1000 $ 635.90
HANDGUN, LEAD-FREE(GREEN)
Product Code Rounds per
Bullet Style Manufacturer Caliber Grain Product Name (uct Case Price Per Case
Total Metal Jacket, Clean Burn Federal 9 MM 124 American Eagle IRT AE9N1 1000 $ 323.95
Lead Free Primer, Brass Enclosed Base Federal 9 MM 147 American Eagle IRT AE91\12 1000 $ 323.95
Total Metal Jacket, Clean Burn Federal 45 ACP 230 American Eagle IRT AE451\11 1000 $ 478.55
Total Metal Jacket, Clean Burn Speer 9 MM 124 Clean Fire 53824 1000 $ 253.15
Lead Free Primer, Brass Enclosed Base Speer 9 MM 147 Clean Fire 53826 1000 $ 253.15
Total Metal Jacket, Clean Burn Speer 45 ACP 230 Clean Fire 53885 1000 $ 382.50
Rifle Ammunition
# Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price
(SKU) per Case per Case
1 Federal Pointed Soft Point Tactical TRU T223A 223Rem 55 500 $ 331.40
2 Federal Full Metal Jacket, Boat Tail American Eagle AE223 223Rem 55 500 $ 239.90
3 Federal Boat Tail Hollow Tip Tactical TRU T223E 223Rem 55 500 $ 424.10
4 Federal Ballistic Tip Tactical TRU T223T 223Rem 55 500 $ 442.65
5 Federal Bonded Soft Point Tactical Bonded LE223T3 223Rem 62 200 $ 252.05
6 Federal Jacketed Soft Point Tactical TRU T223L 223Rem 64 500 $ 331.40
7 Federal Boat Tail Hollow Tip Gold Medal Match GM308M500 308Win 168 500 $ 627.68
8 Federal Ballistic Tip Tactical Tip T308T 308Win 168 500 $ 627.68
9 Federal Bonded Tactical Bonded LE223T1 223Rem 55 200 $ 252.05
10 Federal Bonded Tip Tactical Bonded LE308TT2 308Win 168 200 $ 399.85
11 Federal Frangible Ballisticlean BC556NX1 5.56mm 50 500 $ 444.23
12 Federal FMJ American Eagle AE223N 223Rem 62 500 $ 269.40
13 Federal FMJ American Eagle AE308D 308Win 150 500 $ 479.30
14 Remington Full Metal Jacket UMC 23685 223Rem 55 500 $ 257.10
15 Remington Bonded Soft Point Premier 28918 223Rem 62 200 $ 189.40
16 Speer Bonded Soft Point Gold Dot 24446 223Rem 55 500 $ 317.20
17 Speer Bonded Soft Point Gold Dot 24445SP 223Rem 62 500 $ 317.20
18 Speer Bonded Soft Point Gold Dot 24475 223Rem 75 500 $ 322.80
19 ISpeer jBonded Soft Point IGold Dot 1 24458 1 308Win 1 168 1 500 1 $ 549.70
20 Speer Copper Plated Mini-Mag 30 22LR 40 5000 $ 378.22
LEAD-FREE RIFLE AMMUNITION (GREEN)
Manufacturer Bullet Style (or equal) Caliber Grain Product Name Product Code Rounds Price Per
(SKU) per Case Case
Federal Non-Toxic Frangible 223Rem 42 Ballisticlean BC223NT5 500 $444.23
Remington Frangible 223Rem 55 Disintegrator 23896 500 $367.22
Shotgun Ammunition
# Manufacturer Bullet Style Product Name Product Code Caliber Pellet Rounds Price
(SKU) Count per Case per Case
1 Federal 00 Buck Shot, Low Recoil Tactical LE13200 12 Gauge,2-3/4" 9 250 $ 204.80
2 Federal Hollow Point,Rifled Slug, 1oz Tactical LE127RS 12 Gauge,2-3/4" n/a 250 $ 208.20
3 Federal #7.5 Bird Shot Top Gun TGL12-7.5 12 Gauge,2-3/4" n/a 250 $ 87.95
4 Federal Slug, Duty, Practice,1oz Power Shok F127RS 12 Gauge,2-3/4" n/a 250 $ 205.60
5 Federal 00 Buck Shot Tactical LE13300 12 Gauge,2-3/4" 8 250 $ 204.80
6 Federal 00 Buck Shot Tactical LE12700 12 Gauge,2-3/4" 9 250 $ 204.80
7 IFederal Rifled Slug, 1oz TruBall LEB127LRS 12 Gauge,2-3/4" n/a 250 $ 212.50
8 Federal #8 Shot Top Gun TGL12-8 12 Gauge,2-3/4" n/a 250 $ 87.95
9 Remington 00 Buck Shot, Low Recoil LE Reduced Recoil 20643 12 Gauge,2-3/4" 9 250 $ 224.05
10 Remington Hollow Point,Rifled Slug, 1oz Slugger 20285 12 Gauge,2-3/4" n/a 250 $ 252.90
11 Remington #7.5 Bird Shot Gun Club 20244 12 Gauge,2-3/4" n/a 250 $ 92.14
12 Remington Slug, Duty, Practice,1oz Slugger 20279 12 Gauge,2-3/4" n/a 250 $ 238.50
13 Remington 00 Buck Shot LE Reduced Recoil 20645 12 Gauge,2-3/4" 8 250 $ 238.10
14 Remington 00 Buck Shot Express LE 20812 12 Gauge,2-3/4" 9 250 $ 242.20
15 Remington 1#8 Shot IGun Club 20230 F12 Gauge,2-3/4" n/a 250 $ 92.14
Product Product Code Pellet Shells p7PriceItem No. Manufacturer Bullet Style(or equal) CaliberName (SKU) Count Case
1 Federal Frangible 00 Buck Ballisticlean BC13200 12 Ga 2-3/4" 9 250 $ 338.12
2 Federal Frangible Slug Ballisticlean BC127RS 12 Ga 2-3/4" n/a 250 $ 449.80
3 Remington Frangible Slug Disintegrator 20635 12 Ga 2-3/4" - 250 $ 454.85
4 Remington Frangible 00 Buck Disintegrator 20641 12 Ga 2-3/4" 9 250 $ 425.12
ADDITIONAL CHARGES
Bidder Legal Company Name: San Diego Police Equipment Co. Inc.
Doing Business As Name (dba), if applicable:
Authorized Representative Name/Phone/Email: Ryan King/858-974-8500/ryan@sandiegopoliceequipment.com
ADDITIO L CHARGES
Lift Gate Services. Please describe, in the space provided below,your company's process for requesting Lift Gate Services,
Price
If a lift gate delivery is required, please include this information on the purchase order.The fee is$50 for
orders under 100 cases, and no charge for 100+cases. Please ensure the address on the purchase order is
correct and lift gate noted if required. Once a shipment is en route, any changes will incur a fee from the
carrier that will be billed to the Purchaser, including higher lift gate fees. $50.00
Delivery Charges. Additional delivery charges are allowed for orders that do not meet the minimum five (5) cases or more,
Price
Orders under five cases will be billed for actual freight, up to $30.00 per case. $120.00