1-26ITB027 Sale of Firearms Solicitation.pdf

Revised 09/13/17 – Doc #11631119-v6

OFFER TO

PURCHASE

SALE OF FIREARMS AND ACCESSORIES

26ITB027

TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS

TERMS AND CONDITIONS

OFFERING STATEMENT

FIREARMS / ACCESSORIES LIST

SUBMITTAL CHECKLIST

OFFEROR’S PRICING PROPOSAL FORM

OFFEROR’S PROPOSAL SIGNATURE PAGE

ATTACHMENT “A” – DISCLAIMER OF LIABILITY, RELEASE, AND HOLD HARMLESS

AGREEMENT – SALE OF “WEAPONS” AND/OR “FIREARMS”

ATTACHMENT “B” – PHOTOS OF FIREARMS AND FIREARM ACCESSORIES

2Revised 09/13/17 – Doc #11631119-v6

INSTRUCTIONS TO OFFERORS

CRITICAL DATES

PROPOSAL SUBMITTAL DUE: 2:00 P.M. AZ LOCAL TIME, JANUARY 08. 2025

The City of Scottsdale invites sealed Offers to Purchase from qualified offerors to purchase surplus Firearms and Firearm Accessories from the City.

The City reserves the right to reject any or all Offers received and waive any informality in its best interest.

The City of Scottsdale is utilizing Bonfire Interactive to provide a procurement portal that allows access to business opportunities and to submit offers electronically. If you are not registered as a City of Scottsdale Bonfire vendor visit the Bonfire portal at City of Scottsdale, AZ (bonfirehub.com) then follow the link to the Bonfire vendor registration page to register your company. Registration is easy and free.

If you have any challenges with the registration process, please contact Bonfire Interactive Support at https://scottsdaleaz.bonfirehub.com/portal/support

SEALED OFFERS WILL BE ELECTRONICALLY RECEIVED until the time and date stated in the portal. It shall be the responsibility of the offeror to confirm that offers contain all required documents and are submitted electronically through the City of Scottsdale procurement portal at: City of Scottsdale, AZ (bonfirehub.com). LATE SUBMITTALS WILL NOT BE ACCEPTED and will be automatically rejected by the system.

The Purchasing office will conduct a remote/online Microsoft Teams Live Event meeting for the public opening of this offer to purchase on January 8, 2026 2:00pm Local Time. To virtually attend this meeting, visit us online by clicking the following link: 26ITB027 It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline.

Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline.

Lynn Gustafson

Purchasing Supervisor 480-312-5768 lgustafson@scottsdaleaz.gov

Offeror shall not contact any City of Scottsdale employee, officer, or director other than purchasing regarding this solicitation until after the award of a contract. Any such unauthorized contact may result in bidder being disqualified from further consideration.

https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://scottsdaleaz.bonfirehub.com/portal/support https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://scottsdaleaz.bonfirehub.com/portal/?tab=login https://teams.microsoft.com/meet/23340432020979?p=Gftv1pvKPyBaO9FEl9 mailto:lgustafson@scottsdaleaz.gov

3Revised 09/13/17 – Doc #11631119-v6

TERMS AND CONDITIONS

1. All Offers received will be analyzed to determine the highest responsive Offeror; however, the City reserves the right to accept or reject Offers received or withdrawn or re-offer property as the City’s interest demands.

2. No Offer may be withdrawn for at least thirty (30) days after the date of the public opening.

3. The surplus property shall be sold “as is” and “where is”. The City makes no warranties, express or implied, as to the condition of the equipment / materials for sale.

4. The sale shall be made to the highest responsive, responsible Offeror and shall be binding to the

City upon its award.

5. The amount of any applicable City Transaction Privilege or Use Tax is not a factor in determining the highest Offeror.

6. The winning Offeror(s) shall be responsible for payment of all applicable taxes due on purchase of the surplus property whether or not such taxes are specifically separated in the bid amount.

7. Subsequent to award, the winning Offeror shall have no more than seven (7) calendar days to make payment in full. After payment is received by the City, the successful Offeror has three (3) days to remove all material from the City.

8. Payment in full must be in the form of a Certified Check or Cashier’s Check. Personal or company checks will not be accepted.

9. The winning Offeror(s) shall take delivery and remove the equipment / materials at their own risk and expense.

10. The Offeror assumes and agrees to hold harmless, indemnify and defend the City, its officers, employees, agents and representatives from and against all losses, claims, demands, payments, suits, actions, recoveries, judgments and liability of every kind, nature and description, for injury to persons, including wrongful death or damage to property or both, occurring during or in consequence of the performance by the Offeror of this Agreement where such injury or damage arises out of the action or negligence of the Offeror, his employees, subcontractors or agents.

4Revised 09/13/17 – Doc #11631119-v6

OFFERING STATEMENT

Background

The City of Scottsdale is required to sell forfeited and unclaimed firearms to a federally licensed firearms dealer pursuant to Arizona Revised Statute §13-3105 and Arizona Revised Statute §12-945.

Thereafter, the federally licensed firearms dealer is required to sell the firearm to the public according to federal and state law, unless the firearm is otherwise prohibited from being sold under federal and state law.

This Offer to the City of Scottsdale is for the purchase of the following:

The City is offering for SALE to the highest authorized Federal Firearms Licensed (FFL) dealer possessing the appropriate and valid Federal Firearms License (FFL), to purchase the following forfeited and unclaimed firearms.

Forfeited firearms are generally those adjudicated by a court and returned to the law enforcement agency holding for disposition following the conviction of any person for a felony committed in the state where the firearm was used, displayed or unlawfully possessed.

Unclaimed firearms are generally those that have been used as evidence and remain in the custody of a law enforcement agency. This may occur after the final disposition of the case in which the firearm was involved, when a firearm has been seized by an officer for being used unlawfully or for an unlawful purpose and remains unclaimed from the date of seizure, or when a firearm comes into the agency’s possession as unclaimed, surrendered, contraband, or abandoned and is not classified as evidence.

Federal law generally prohibits the City from selling or otherwise transferring certain categories of firearms. These include stolen firearms under 18 U.S.C. § 922(j); firearms with manufacturer’s serial numbers that have been removed, obliterated, or altered under 18 U.S.C. § 922(k); machineguns as defined by 18 U.S.C. § 922(o); firearms that are undetectable by metal detectors or x-ray machines commonly used at airports under 18 U.S.C. § 922(p); and firearms regulated under the National Firearms Act, including short-barreled shotguns, short-barreled rifles, machineguns, silencers, and destructive devices pursuant to 26 U.S.C. § 5801 et seq.

The City will not include ammunition. Some firearms may have biohazards (blood) and may have been through lab testing.

All firearms and firearm accessories are being sold AS IS, WHERE IS.

The entire lot will be sold all together as ONE LOT. The winning Offeror must take possession and ownership of the entire lot AS IS. No opening or repackaging will be allowed. No firearms or firearm accessories can be refused or left behind.

A copy of the Offeror’s FFL License must be included with the submitted bid Offer to document the eligibility to participate in this Offer to Purchase.

A signed and dated “Disclaimer of Liability, Release and Hold Harmless Agreement – Sale of Weapons and/or Firearms”, Attachment A, must be included in the submitted bid Offer to be considered responsive.

5Revised 09/13/17 – Doc #11631119-v6

The City will not ship any weapons; all weapons must be picked up in person by the winning FFL Offeror within three (3) days of final payment, and no later than ten (10) days after award. Only verified FFL dealers or their authorized employees are eligible to collect the weapons upon final payment and verification of identification after declaration of the winning bid.

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4), hereby notifies all Offerors that businesses will not be discriminated against on the grounds of race, color, or national origin in consideration for an award so long as they meet all the requirements and possess the proper FFL.

Offeror’s Checklist:

• Offeror’s Pricing Proposal Form

• Offeror’s Proposal Signature Page

• Copy of valid FFL License

• Signed and dated Attachment “A” - “Disclaimer of Liability, Release and Hold Harmless

Agreement – Sale of Weapons and/or Firearms”.

6Revised 09/13/17 – Doc #11631119-v6

OFFERING STATEMENT – CONT’D

FIREARMS AND ACCESSORIES LIST

DESCRIPTION

MAKE

MODEL

SERIAL#

CALIBER

1 HANDGUN RUGER SUPER

BLACKHAWK 8273641 44

2 AUTO PISTOL 9MM WITH

HOLSTER TAURUS PT99AF TJK72138 9

3 MAGAZINE NA NA NA NA

4 GUN WITH 2 MAGAZINES JENNINGS J22 698513 22

5 PD REMOVED

6 PD REMOVED

7 HANDGUN WITH MAGAZINE

AND CASE SMITH & WESSON SW9F PAC3062 9

8 PISTOL MAGAZINE NA NA NA NA

9 EXCAM .22 ERMY EXCAM RX22 J23254 22

10 BERETTA 950BS BERETTA 950BS BU05324V 25

11 SEMI-AUTO PISTOL BERSA THUNDER 380 830321 380

12 PISTOL WITH MAGAZINE

AND PAPERWORK HI POINT C9 P1646493 9

13 HANDGUN WITH MAGAZINE BERETTA 950B B38939 635

14 HOLSTER

15 RUGER 9MM SEMI WITH

MAGAZINE RUGER SR9C 33437398 9

16 BLACK SEMI AUTO WITH 2

MAGAZINES AND HOLSTER JENNINGS BRYCO 59 602896 9

17 RUGER MARK 2 WITH 2

MAGAZINES RUGER MARK 2 21263789 2

7Revised 09/13/17 – Doc #11631119-v6

18 KEL TEC 9MM HANDGUN

WITH MAGAZINE KELTEC P11 ARN98 9

19 BLACK PLASTIC GUN CASE

20 PISTOL LONE WOLF R&D LLC LWD DMD168S 22

21 SMALL BLACK .22 CAL

HANDGUN P. BERETTA BERETTA 950B C86189 22

22 PD REMOVED

23 SCHMIT REVOLVER HERBERT SCHMIDT NA 224509 22

24 HANDGUN WITH 2

MAGAZINES AND BOX CG HAENEL SUHL SCHMEISSER 21557 25

25 HANDGUN WITH HOLSTER MADISON IMPORT NA 170574 22

26 HANDGUN WITH HOLSTER RUGER SINGLE SIX 359997 22

27 HANDGUN WITH 2

MAGAZINES AND CASE ERMA EP22 74212 22

28 S & W .38 SPECIAL SMITH & WESSON CTG SPECIAL CAE5150 38

29 REVOLVER COLT DETECTIVE

SPECIAL 784836 38

30 REVOLVER COLT MAGNUM CTG 28360 357

31 RUGER 22 CAL RUGER NA 125924 22

32 SW REVOLVER SMITH & WESSON AIRWEIGHT J896813 38

33 REVOLVER 38 SPECIAL SMITH & WESSON MODEL 36 J603620 38

34 MODEL 15 REVOLVER SMITH & WESSON 38 K746585 38

35 LEATHER HOLSTER

36 SEMI AUTO HANDGUN WITH

MAGAZINE SIG ARMS / SIG SAUER P225 M561285 9

37 REVOLVER SMITH & WESSON 38 SPECIAL R6749 38

38 HANDGUN SMITH & WESSON 357 MAGNUM CBF1413 357

39 SW 357 MAGNUM SMITH & WESSON 357 MAGNUM 58356 357

40 CLEMENT ARMS

REVOLVER CLEMENT ARMS THE BABY NA NA

41 REVOLVER (UNKNOWN

MAKE) NA NA NA NA

8Revised 09/13/17 – Doc #11631119-v6

42 DREYSE PISTOL WITH

MAGAZINE AND HOLSTER DREYSE NA 49920 NA

43 HAND GUN CESKA ZBROJOVKA NR50 697298 32

44 MAGAZINES 2 TOTAL

45 FIRING PIN

46 HANDGUN GLOCK MODEL 23 GEN

5 BMLX514 40

47 HARD GUN CASE

48 REVOLVER NA NA MUA14595 32

49 REVOLVER HARRINGTON &

RICHARDSON DEFENDER 38 13342 38

50 LEATHER HOLSTER

51 .22 REVOLVER H&R HARRINGTON &

RICHARDSON 922 R50522 22

52 PROTECTOR 22 PROTECTOR ARMS NA 4134 22

53 ACNP182 GLOCK 42 38

AUTO WITH MAGAZINE GLOCK 42 ACNP182 380

54 TITAN SMALL HANDGUN

WITH MAGAZINE TITAN NA B20066 25

55 .22 CALIBER REVOLVER

PISTOL HIGH STANDARD MODEL 10 321378 22

56 22LR REVOLVER DECATUR PIC 9917 22

57 M-11 COBRAY M11 880000368 9

58 PISTOL WITH MAGAZINE NA NA 2514 9

59 HANDGUN FOR

DESTRUCTION GLOCK MODEL 30 DRD151 US 45

60 DAVIS INDUSTRIES P380

HANDGUN DAVIS INDUSTRIES P380 AP489109 380

61 HI-POINT 45 HI POINT JHP X4218406 45

62 MAGAZINE

63 Double-Nine Convertible .22 revolver HIGH STANDARD DOUBLE NINE M003182 22

64 revolver IN BOX RUGER WRANGLER 20084637 22

65 .22 caliber revolver WITH

HOLSTER CARTER ARMS PATHFINDER 22 640714 22

9Revised 09/13/17 – Doc #11631119-v6

66 Revolver COLT ARMY SPECIAL 518704 32

67 Revolver WITH HOLSTER HARRINGTON &

RICHARDSON SPORTSMAN A14015 22

68 POLICE SPECIAL SMITH & WESSON 38 SPECIAL 395290 38

69 SMITH AND WESSON

REVOLVER SMITH & WESSON NA 117994 32

SEMI AUTO MODEL 915 W/3

MAGAZINES/SPEED

LOADER

GLOCK 19 VCC2308 9

71 BERETTA WITH MAGAZINE BERETTA PICO PC004991 380

72 S&W 38 SPECIAL SNUB

NOSE REVOLVER SMITH & WESSON 38 SPECIAL 124795 38

73 GLOCK 17L 2ND GEN GLOCK 17L ST681 9

74 ARMINIUS TITAN TIGER .38

SPECIAL REVOLVER ARMINIUS TITAN TIGER 806150 38

MEROLLA SIX SHOT

REVOLVER ANTIQUE

PISTOL

MEROLLA 6 SHOT

REVOLVER 2568 NA

76 Glock 9mm Magazines 2nd Gen 17 round capacity

Plastic Glock Pistol Box with Plastic Cleaning Rod and Plastic Speed Loader

78 Interarms Revolver ROSSI INTERARMS 38 SPECIAL D403330 38

79 SEMI AUTO HANDGUN IN

BOX WALTHER CCP WK028996 9

80 2 MAGAZINES AND

HOLSTER

81 PISTOL WITH HOLSTER RUGER SPEED SIX 15934124 357

82 PISTOL SMITH & WESSON 19-5 AYZ7617 357

83 PISTOL WITH MAGAZINE JIMENEZ ARMS JA9 138333 9

84 REVOLVER HERBERT SCHMIDT 22 REVOLVER 446071 22

A Black, Intra-Tec semi-auto 9mm hand pistol with magazine. Serial #A039831.

INTRATEC AB10 A039831 9

86 A SEMI-AUTO HANDGUN

WITH MAGAZINE RUGER 2245 22090122 22

Caliber 6.35 / .25 caliber, semi-auto handgun with magazine

BERETTA 950B G15090 635

10Revised 09/13/17 – Doc #11631119-v6

.22 caliber LR, 5 shot revolver in a black velvet case with papers.

FREEDOM ARMS FREEDOM WAY A11073 22

Intra-Tec, Sport 22. semi-auto hand pistol with a magazine clip

INTRATEC SPORT 22 K005916 22

A blue steel, .22 caliber semi-auto handgun with magazine

LE SANS PAREIL NA 264318 22

91 Harrington & Richard Arms (H&R) revolver

HARRINGTON &

RICHARDSON SPORTSMAN 80533 22

92 A blue steel, Rohm, Mod.

#63, 6 shot .38. revolver ROHM 63 HF117607 38 blue steel, Smith & Wesson (S&W), .22 caliber LR, snub-nose revolver. Serial

SMITH & WESSON 34-1 M173319 22

blue steel, Rolim (RG) 6 shot, .22 caliber revolver.

Serial #

RG INDUSTRIES RG14S Z050154 22

95 blue steel, High Standard, 9 shot .22 caliber revolver. HIGH STANDARD DOUBLE NINE 1254073W104 22

96 Handgun broken into 8 pieces GLOCK 19 MFM483 9

A single action, 5 shot, .22 magnum revolver, with a

1.13 length barrel and wooden grips.

NORTH AMERICAN

ARMS MINI REVOLVER E196375 22

98 GLOCK 29 GLOCK 29 TRB956 10

99 GLOCK 29 MAGAZINE

100 STAR semi-auto 9MM STAR ARMS SA SBM05297 9

"Sport King" 22 cal. long rifle / High Standard MFG Corp

HIGH STANDARD SPORT KING 364531 22

102 small 5 shot pistol NORTH AMERICAN

ARMS MINI REVOLVER Z00971 22

magnum

103 handgun with magazine RAVEN ARMS P25 206760 25

104 piece of firearm KAHR ARMS NA 1C3590 NA

105 handgun with holster RUGER SINGLE SIX 6713842 22

106 handgun trailside SIG ARMS / SIG SAUER TRAILSIDE E0053887 22

107 GLOCK GLOCK 43X CADX583 9

108 GUN WITH MAGAZINE WALTHER P22 L350018 22

11Revised 09/13/17 – Doc #11631119-v6

109 GUN CASE

110 22 REVOLVER ROHM 66 1B379573 22

111 REVOLVER SMITH & WESSON 66-1 50K1415 357

112 REVOLVER SMITH & WESSON 10 5 D807119 38

113 REVOLVER TAURUS 85 GF37457 38

114 40 CAL GLOCK 22 ALZ462 40

115 REVOLVER COLT DETECTIVE

SPECIAL 991966 38

116 PD REMOVED

117 snub nose revolver CHARTER ARMS OFF DUTY 084101 38

118 charter arms firearm cardboard box

119 BODYGUARD WITH

MAGAZINE SMITH & WESSON BODYGUARD

2.0 EHN3072 380

120 REVOLVER DIAMONDBACK ARMS SDR SDRA00276 357

121 Smith & Wesson Revolver with wooden grip SMITH & WESSON 15 K382448 38

122 .22 REVOLVER SPORTS ARMS 21S 746353 22

123 PISTOL JENNINGS BRYCO 38 981451 380

124 Small silver pistol TANFOGLIO GT 27 G97059 25

125 PISTOL WITH CASE HIGH STANDARD DERRINGER 2455442 22

126 PISTOL REGENT NA G06443 32

12Revised 09/13/17 – Doc #11631119-v6

SUBMITTAL CHECKLIST

To constitute a valid responsive offer by the Offeror to this Offer to Purchase, the Offeror’s submittal MUST include a MINIMUM of the following items:

Offer Form(s) – Fully completed Offeror’s Pricing Proposal Form(s).

Offeror’s Proposal Signature Page – Fully completed Offeror’s Proposal Signature Page, signed in ink.

Copy of valid FFL License

Attachment “A” - “Disclaimer of Liability, Release and Hold Harmless Agreement – Sale of Weapons and/or Firearms” – Fully completed “Attachment “A” signed and dated in ink.

NOTE: “Please do not return a copy of the solicitation/addenda(s) with your proposal/submittal.

Return only the required documents as referenced on the Submittal Checklist.”

OFFER FORM

LOT

# ITEMS FOR DISPOSAL BRAND MODEL DESCRIPTION CONDITION TOTAL

OFFER

All FIREARMS and accessories detailed in 26ITB027 herein.

Various Various Surplus FIREARMS and accessories

As Is / Where Is $___________

Company or Individual Name Date

OFFEROR’S PROPOSAL SIGNATURE PAGE

My signature on this Offer to Purchase certifies that I have read, understand and will comply with all terms, conditions, and specifications stated in all the documents constituting the sale of these items.

The Offeror hereby acknowledges that the bid pricing is based on all of the addenda (if applicable) that were issued by the City prior to opening of this Offer to Purchase.

NAME: (company/individual)

ADDRESS:

TYPE OF BUSINESS :

(Corporation, Partnership, Sole Proprietorship, Individual, etc.)

SIGNATURE: DATE

(Officer, Partner, or Individual)

NAME AND TITLE:

(printed)

TELEPHONE: EMAIL:

Employer’s Identification No. as filed on US Quarterly Tax Return US Treasury Form #947.

TO CONSTITUTE A RESPONSIVE OFFER, Offeror’s Pricing Proposal Form(s), Offeror’s Proposal Signature Page, Attachment “A” - “Disclaimer of Liability, Release and Hold Harmless Agreement/Sale of Weapons and/or Firearms”, and a copy of a valid FFL License of the Offer to Purchase, must be executed and returned, as well as any other required documentation specified in the Offer to Purchase.

ATTACHMENT “A” - DISCLAIMER OF LIABILITY, RELEASE, AND HOLD HARMLESS

AGREEMENT - SALE OF “WEAPONS” AND/OR “FIREARMS”

This Disclaimer of Liability, Release and Hold Harmless Agreement (“Agreement”) is entered into by and between the City of Scottsdale (“City”) an Arizona municipal corporation, and ______________________________ an Arizona ____________________________ (“Purchaser”) and applies to all sales by City to Purchaser of the subject materials, as further described below, occurring pursuant to Offer to Purchase No. 26ITB027.

WHEREAS, pursuant to state law, ARS § 13-3105, the City is required, by sale, to dispose of certain enumerated items (collectively “the Weapons”) that are ordered forfeited by an Arizona court; and, pursuant to state law, ARS § 12-945, other “Firearms”; and spent casings; and WHEREAS, the same laws, and City’s own Ordinance, Scottsdale Revised Code, Article III, Sec. 23-31

et. seq., provide limitations specifically related to sales of firearms; and WHEREAS, Purchaser is eligible, under State and Federal law, to purchase the Weapons and Firearms from City; and WHEREAS, this Agreement is intended to set forth the respective obligations of both parties in regard to Weapons that are required to be disposed of by sale in conformity with ARS § 13-3105, or Firearms, in conformity with ARS § 12-945.

WHEREFORE, City and Purchaser agree as follows:

1. The above recitals are incorporated into this Agreement.

2. City has made a determination of whether a Weapon or Firearm is forfeited or otherwise eligible as unclaimed property for sale to Purchaser under State law or its own Ordinance. All such Weapons or Firearms have been made available to Purchaser in the subject purchase.

Additionally the City has the right to sell spent casings that also contain a residual amount of live ammunition.

3. It is understood that the City’s possession of the Weapons sold, has only arisen through confiscation as evidence in connection with a crime or possession of Firearms through being ‘unclaimed property’ under A.R.S. § 12-941.

4. City makes no warranty as to the proper working order of any Weapon or Firearm.

5. City makes no warranty as to the sterility or cleanliness of any Weapon or Firearm. The fact that certain Weapons or Firearms have been identified as bio hazardous and stored accordingly in marked ‘Biohazard bags’ as that term is commonly understood, is not a warranty or representation that other Weapons or Firearms are not bio hazardous. To the extent Weapons have been stored in ‘Evidence bags’ as that term is commonly understood;

the Weapons have not been cleaned or otherwise treated since their confiscation. Firearms stored as ‘unclaimed property’ under A.R.S. § 12-941 have not been cleaned or otherwise treated since they came into possession of the City. Through its signature below, Purchaser expressly agrees to disinfect all Weapons or Firearms to industry standards before Purchaser makes the Weapon or Firearm available for sale to the public.

Purchaser agrees that it is accepting all Weapons and/or Firearms in “AS IS, WHERE IS” condition.

Purchaser may not refuse to take delivery of a specific Weapon or Firearm.

6. City does not maintain a Federal Firearms License and is not otherwise an authorized dealer of firearms. City’s only title to ownership of the Weapons or Firearms comes through Court

Order or operation of law. City’s only right to sell Weapons or Firearms is to an authorized dealer under applicable legal authority.

7. Purchaser will pick up all Weapons and/or Firearms at City’s identified facilities and make payment of the agreed upon price at that time. City shall give Purchaser an invoice for the Weapons and/or Firearms sold, at which point in time title to the Weapons and/or Firearms, and any risk of loss thereto, shall transfer to Purchaser.

8. City expressly asserts that it is not a seller of Weapons and/or Firearms, for purposes of any manufacturer’s liability or products liability claim.

9. Purchaser accepts that City, notwithstanding Sec. 9, has specifically disclaimed all Warranties of Merchantability, of Fitness for a Particular Purpose, Against Latent Defects, and any other warranties as if it were a retailer, manufacturer or wholesaler of the Weapons and/or Firearms.

10. Purchaser agrees that it shall not have any claim against City related to the acquisition or subsequent sale of any Weapon and/or Firearm purchased from City, and hereby releases City from any and all liability therefrom.

11. Purchaser agrees that upon acquisition and to the fullest extent permitted by law, it shall defend, indemnify and hold harmless City, its agents, representatives, officers, directors, elected and appointed officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, damages, injuries, losses, and expenses, including, but not limited to, attorney’s fees, court costs, and claim adjustment expense, and including, but not limited to, claims sounding in contract, tort, or strict liability, arising from the purchase, care, custody, control, ownership, sale, or use of a Weapon or Firearm, brought or made by any subsequent owner, regardless of allegations of negligence or intentional acts of the City.

Agreed To By: ___________________________________________Date: ___________ (Signature) Printed Name: ___________________________________________

Company Name: ___________________________________________

Title: ___________________________________________

For The City of Scottsdale

George Woods Safety & Risk Management Director

APPROVED AS TO FORM:

Luis E. Santaella, Interim City Attorney By: Lindsay Hampshire, Asst. City Attorney

ATTACHMENT “B” – PHOTOS

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