2-26ITB068 Exhibit A.pdf

Revised 09/13/17 – Doc #11631119-v6

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

Revised 09/13/17 – Doc #11631119-v6

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