1-26ITB068 - Sale of Firearms Accessories - Solicitation.pdf

Revised 09/13/17 – Doc #11631119-v6

OFFER TO

PURCHASE

SALE OF FIREARMS AND ACCESSORIES

26ITB068

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, May 12, 2026

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 Meeting for the public opening of this offer to purchase on May 12, 2026 2:00pm Local Time. To virtually attend this meeting, visit us online by clicking the following link: 26ITB068 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/l/meetup-join/19%3ameeting_MDI2YWEzZjAtMDJkYi00NWJlLWJjMTQtNWY3NTZkMDg1NTQ5%40thread.v2/0?context=%7b%22Tid%22%3a%2210aebc46-34e8-45ee-a5e2-5756f4df0996%22%2c%22Oid%22%3a%22722a85fa-a495-4294-b283-ff69c705ed33%22%7d 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

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

FIREARMS AND ACCESSORIES LIST

# DESCRIPTION MAKE MODEL CALIBER SERIAL #

1 S&W REVOLVER SMITH & WESSON 195 357 AAW7013

2 REVOLVER - CHARTER

ARMS, UNDERCOVER MODEL CHARTER ARMS UNDERCOVER 38 650741

3 RAVEN ARMS GUN

W/MAGAZINE RAVEN ARMS MP25 25 1250120

4 SEMI-AUTO 380ACP

JENNINGS W/2 MAGAZINES JENNINGS 380ACP 380 1262245

5 SEMI AUTO W/HOLSTER GLOCK 23 40 BAP751US

6 GLOCK SEMI AUTO .22 GLOCK 22 22 BCV278

7 MAGAZINE N/A N/A N/A N/A

PISTOL, FEG KBI

INCORPORATED

W/MAGAZINE

KBI PJK-9H9 9 G02617

9 REVOLVER SMITH & WESSON CTG 38

SPECIAL 38 43747

10 REVOLVER SMITH & WESSON 65-2 357 1D77926

11 AUTO ORDINANCE GUN AUTO ORDINANCE N/A 45 A0C42219

12 .25 CAL OVER/UNDER PISTOL DAVIS INDUSTRIES 9-25 25 057315

13 GLOCK HANDGUN W/10

ROUND (EMPTY) MAGAZINE GLOCK 30 45 EFL375US

14 COLT REVOLVER COLT BANKER

SPECIAL 38 398486

15 PISTOL;DOUBLE ACTION

25CAL;RAVEN ARMS;MO RAVEN ARMS P25 25 538706

16 MAGAZINE N/A N/A N/A N/A

IVERJOHNSON 22

AUTOMATIC

PISTOL;UNLOADED

IVER JOHNSON TP22 22 AE59813

7Revised 09/13/17 – Doc #11631119-v6

18 2 MAGAZINES;IVERJOHNSON

22 AUTO;MODEL TR N/A N/A N/A N/A

19 HOLSTER;BLK

LEATHER,BELT CLIP N/A N/A N/A N/A

20 CHARLES DALY DOUBLE

ACTION HANDGUN CHARLES DALY N/A 45 CD501280

21 HAND GUN CASE W/2MAGS

AND LOCK N/A N/A N/A N/A

22 BRYCO SEMI AUTO PISTOL BRYCO 38 380 1553175

23 TAURUS REVOLVER

SNUBNOSE TAURS 38 SPECIAL 38 SH59424

24 CHARTER ARMS FIREARM

WITH BLK NYLON AMBI CHARTER ARMS UNDERCOVER 38 789533

25 RUGER GUN PM 4 RUGER SECURITY SIX 357 15846364

26 EKA REVOLVER COLT BKA218 N/A N/A

27 HK PISTOL W/ HOLSTER AND

MAGAZINE HK USP 40 22048849

28 TAURUS GUN TAURUS PT92 9 B30853

29 LUGER HANDGUN

W/HOLSTER HI-POINT C9 9 P1211413

30 RUGER GUN RUGER SP101 357 57211906

31 ROHM SINGLE ACTION

REVOLVER ROHM RG10 22 1270757

32 SW REVOLVER SMITH & WESSON 38 SPECIAL 10-

5 38 2D83221

33 KIMBER HANDGUN

W/MAGAZINE KIMBER STAINLESS II 45 K102749

34 BERETTA PISTOL BERETTA 21A22 22 DAA252998

35 SW CAL 22 SEMI AUTO SMITH & WESSON 422 22 UBE9199

36 REVOLVER, DUAL ACTION SMITH & WESSON 586 357 AAF7149

37 PISTOL (BERETTA 9MM) BERETTA 92FS 9 L47888Z

38 PISTOL (S&W .38 REVOLVER) SMITH & WESSON 38 10-4 38 C644997

39 HANDGUN, BERSA BRAND BERSA THUNDER 380 380 681361

40 COLT FIREARM, 6 CYLINDER COLT DETECTIVE 38 RD3891

41 HANDGUN (RG 38) ROHM 38T 38 190184

8Revised 09/13/17 – Doc #11631119-v6

42 GLOCK 29 PISTOL, 10MM,

SEMI AUTO W/MAGAZINE GLOCK 29 10 CKT241US

43 HANDGUN, 38 CALIBER,

BENITO GUISASOL, BL EIBAR N/A 38 12299

44 357 MAGNUM REVOLVER RUGER SPEED SIX 357 16221143

45 REVOLVER WITH BLACK

RUBBER GRIPS SMITH & WESSON 19-4 357 78K7975

46 REVOLVER HI STANDARD

SENTINEL R 100 BLAC HI STANDARD SNETINEL R100 22 40237

47 ****PD REMOVED****

48 REVOLVER, SMITH &

WESSON 38 W/HOLSTER SMITH & WESSON CTG 36-1 38 J904248

49 DARK BARRELL, WOOD GRIP SMITH & WESSON 36-1 38 J713667

50 REVOLVER .357 MAGNUM

W/CASE SMITH & WESSON 686 357 CHH5441

51 LLAMA MINIMAX 40SW AND

EMPTY MAGAZINE LLAMA MINIMAX 40SW 40 71-04-

01377-03

52 CSI 7.62 SEMI AUTO

HANDGUN MODEL 54-1 CSI 54-1 762X25 4541224

53 REVOLVER SMITH & WESSON AIR WEIGHT 38 J996493

54 HANDGUN W/MAGAZINE SMITH & WESSON SW40VE 40 PBV7266

55 .22 HANDGUN SMITH & WESSON 422 22 TCZ9387

56 S&W MODEL 19-3 .357

W/HOLSTER SMITH & WESSON 19-3 357 2K70862

57 9MM, RUGER P85 RUGER P84 MKII 9 303-29727

58 MASTERPIECE ARMS, 9MM

HANDGUN

MASTERPIECE

ARMS N/A 9 F0464

59 ISRAEL ARMS PISTOL,

DESERT EAGLE MODEL, ISRAEL ARMS DESERT EAGLE 41 86342

60 REVOLVER, .17 HMR NORTH AMERICAN

ARMS 17 HMR 17 RS1798

61 GUN GLOCK 17 9 AAC698

62 SEMI-AUTO HANDGUN KELTEC P3AT 380 HL034

63 GLOCK 9MM HANDGUN GLOCK 17 9 DCN143

64 FIREARM DAVIS INDUSTRIES D22 22 094500

65 JENNINGS J-22 .22LR

W/CASE/HOLSTER/MAGAZINE JENNINGS J-22 22 726912

9Revised 09/13/17 – Doc #11631119-v6

66 RUGER P89 9MM W/2

MAGAZINES RUGER P89DC 9 303-78336

67 BAIKAL 9MM MAKAROV BAIKAL IJ70 9 A026277

68 9MM HANDGUN BERETTA 92FS 9 BER34608

69 357 MAGNUM REVOLVER TAURUS N/A 357 5209868

70 HANDGUN W/MAGAZINE REMINGTON M1911 45 1047914

71 SEMI-AUTO PISTOL GLOCK 21 45 AAX126

72 S&W .357 REVOLVER SMITH & WESSON 19-3 357 2K14921

73 GUN- P9R PARABELLUM,

W/HOLSTER/MAGAZINE FEG P9R 9 R69265

74 BLACK BERETTA 950BS

.25CAL BERETTA 950BS 25 BER77710V

75 HANDGUN FIE TITAN 25 ED67811

76 P.38 SEMI AUTO HANDGUN

W/MAGAZINE WALTHER P38 9 3063E

77 .22 CA REVOLVER W/HOSTER NORTH AMERICAN

ARMS BLACK WIDOW 22 BW07386

78 GLOCK HANDGUN MODEL 26

W/3 MAGAZINES GLOCK 26 9 KDZ043

79 S&W 38 CAL REVOLVER SMITH & WESSON N/A 38 364105

80 40 CAL SEMI-AUTO W/

MAGAZINE HI-POINT JCP 40 737798

81 .380 SEMI AUTO HANDGUN W/

MAGAZINE LORCIN L380 380 348140

82 SMITH AND WESSON 357

MAGNUM SMITH & WESSON 60-9 357 CDW6905

83 COLT HANDGUN W/HOLSTER,

3 MAGAZINES MARKIV N/A 45 70G52912

84 CHROME AND BLACK

HANDGUN W/HOLSTER DAVIS INDUSTRIES D38 38 D060033

85 REVOLVER SMITH AND

WESSON SMITH & WESSON AIR WEIGHT 38 DAW8393

86 5-22 CAL LR CARTRIDGES JP SAUER SOHN TEXAS

MARSHALL 22 4944412

87 .22 REVOLVER NORTH AMERICAN

ARMS N/A 22 G34275

88 GLOCK MODEL 22 HANDGUN GLOCK 22 40 HUG144

10Revised 09/13/17 – Doc #11631119-v6

9 MM PISTOL WITH

HOMEMADE METAL GRIPS

W/MAGAZINE

LLAMA STOEGER 9 A52601

90 SEMI-AUTO HAND GUN BERETTA 950B 22 C73256

91 SEMI-ATUOMATIC PISTOL SMITH & WESSON SW40VE 40 PDB8541

92 2 MAGAZINES N/A N/A N/A N/A

93 HANDGUN AND MAGAZINE

(EMPTY) DAVIS INDUSTRIES P380 380 AP033548

94 DERRINGER STYLE

REVOLVER

NORTH AMERICAN

ARMS 22 MAGNUM 22 E034852

95 GUN RUGER P89 9 315-38174

96 GLOCK MODEL 26 .9MM GLOCK 26 9 KDY580

97 GLOCK MODEL 26 .9MM GLOCK 26 9 HBG185

98 9MM SKYY FIREARM SKYY CPX1 9 009664

99 9MM MAGAZINE N/A N/A N/A N/A

100 COLT .25 HANDGUN COLT N/A 25 347724

101 REVOLVER SMITH & WESSON N/A 38 28201

102 .45 MINI COMPACT SILVER

METAL HANDGUN BERSA FIRE STORM 45 71-04-

05841-01

103 357MAGNUM 7 SHOT

REVOLVER TAURUS TRACKER 357 YH327622

104 PLASTIC GUN CASE FOR

REVOLVER N/A N/A N/A N/A

105 REVOLVER TAURUS ULTRA LITE 38 BN15444

106 HANDGUN, SEMI-AUTO,

.40SW SMITH & WESSON SW40VE 40 RBD4045

107 GLOCK 23 HANDGUN GLOCK 23 40 MAC641

108 GUN GLOCK 27 40 LYR710

11Revised 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 as detailed in 26ITB068 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. 26ITB0068

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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