14-1001 Authorizing the Sale at Auction of PD Siezed FirearmsCITY OF MERIDIAN RESOLUTION 14-1001
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO
AUTHORIZE SALE AT PUBLIC AUCTION OF FIREARMS IN CUSTODY OF THE
MERIDIAN POLICE DEPARTMENT DUE TO ABANDONMENT, IMPOUND,
LEAVING, OR RELEASE FROM ATTACHMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Meridian Police Department has in its custody twenty (20) firearms as
described in the Meridian Police Department Memorandum and Asset Information List, attached
hereto as Exhibit "A", and
WHEREAS, the firearms having come into the possession or custody of the Meridian
Police Department by reason of same having been abandoned, impounded, or otherwise left,
and/or lawfully released or discharged from the attachment or other process; and
WHEREAS, the firearms having remained abandoned or unredeemed by the owner or
one entitled to possession thereof for more than six (6) months from the date of such
abandonment, impoundment, leaving, or release from attachment or other process under which
they were originally taken into custody; and
WHEREAS, neither the City of Meridian nor the Meridian Police Department have an
interest in converting the abandoned or unclaimed firearms for official law enforcement; and
WHEREAS, the City of Meridian desires to sell the abandoned or unclaimed firearms by
public auction to licensed firearm dealers pursuant to Idaho Code. section 55-403; and
WHEREAS, Corbett Auctions and Appraisals, Inc. is qualified under state law and
experienced in selling abandoned or unclaimed firearms to the highest bidder at a public auction
to licensed firearm dealers; and
WHEREAS, City Council authorized the Mayor on July 22, 2014 to enter into a
Professional Services Agreement with Corbett Auctions and Appraisals, Inc., to provide the
necessary auctioneer services to sell the firearms, a copy of which is attached hereto as Exhibit
"B»
Resolution Authorizing Sale of Firearms in Custody of MPD at
Public Auction by and through Corbett Auctions and Appraisals, Inc.
Page I of 2
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
Section 1. That the abandoned or unclaimed firearms as described in Exhibit "A",
attached hereto, shall be sold at public auction pursuant to Idaho Code section 55-403 and any
other applicable laws.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
2014.
ADOPTED by the City Council of the City of Meridian, Idaho, this 6Q day of July,
APPROVED by the Mayor of the City of Meridian, Idaho, this -%�' day of July, 2014.
APPROVED: ATTEST:
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Resolution Authorizing Sale of Firearms in Custody of MPD at
Public Auction by and through Corbett Auctions and Appraisals, Inc.
Page 2 of 2
EXHIBIT "A"
MERIDIAN POLICE DEPARTMENT
MEMORANDUM AND
ASSET INFORMTION LIST
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EXHIBIT "B"
PROFESSIONAL SERVICES
AGREEMENT
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 0;�) day of
July, 2014, and entered into by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue,
Meridian, Idaho 83642, and Corbett Auctions and Appraisals, Inc., hereinafter referred to as
"CORBETT", whose business address is P.O. Box 191261, Boise, Idaho 83719.
INTRODUCTION
WHEREAS, the CITY has a need for professional auctioneer services; and
WHEREAS, CORBETT is specially trained, experienced and competent under the laws of
the State of Idaho to perform, and has agreed to provide, such auctioneer services.
NOW THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. CONTRACT: CITY hereby contracts with CORBETT, as an independent contractor for
auctioneer services to sell firearms to the highest bidder on behalf of CITY. The location of the
auction will be at the premises of the Ada County Sheriff's Office, Ada County, Idaho, or other
place mutually agreed upon by the parties, o n A u g u s t 14, 2 0 14, o r at a time and date
mutually agreed upon by the parties.
2. CONTRACT AMOUNT: CITY agrees to pay CORBETT the following commissions:
a. Commission Charged to CITY: 20%.
b. Buyers Premium: 10%.
c. Setup Fees: $0.00
3. CORBETT'S OBLIGATIONS: CORBETT agrees as follows:
a. To conduct an auction of firearms on behalf of the City of Meridian, at the offices of the
Ada County Sheriff's Office, as described herein.
b. To provide statutory notice of said auction.
c. To verify that any purchaser at the auction has a valid Federal Firearms License.
d. CORBETT is not responsible for collecting on insufficient funds of any nature.
PROFESSIONAL SERVICES AGREEMENT TO HIRE AUCTIONEER SERVICES - PAGE 1
4. CITY'S OBLIGATIONS: CITY agrees as follows:
a. To certify that it is in lawful possession and custody of the firearms to be sold
pursuant to this Agreement and that it has good title, right to sell said firearms under
the laws of the State of Idaho, and that said items are free from all encumbrances.
b. Accept all responsibility for providing merchantable title and for delivery of title to the
purchaser.
c. Assume, at all times, risk of loss or damage of any items auctioned.
d. To allow at least ten (10) banking days for settlement on all personal property.
5. INDEPENDENT CONTRACTOR: The parties agree that Kent Corbett is the General
Manager of CORBETT, which is an independent contractor of CITY and in no way an
employee or agent of CITY and not entitled to workers compensation or any benefit of
employment with the CITY. Neither CORBETT, nor anyone employed by it, shall represent, act,
purport to act, or be deemed to be the agent, representative, employee, or servant of CITY. CITY
shall have no control over the performance of this Agreement by Kent Corbett or CORBETT,
except to specify the time and place of performance, and the results to be achieved. CITY shall
have no responsibility for security or protection of CORBETT's supplies or equipment. As an
independent contractor, CORBETT shall be solely responsible for payment of wages, all federal
and state withholding taxes, liability insurance, and such compensation insurance and such other
obligations as are the legal responsibility of an employer.
6. INDEMNIFICATION AND INSURANCE:
a. CORBETT shall indemnify and save and hold harmless CITY from and for any and all
losses, claims, actions, judgments for damages, or injury to persons or property and losses
and expenses and other costs including litigation costs and attorney's fees, arising out of,
resulting from, or in connection with the performance of this Agreement by the CORBETT,
its servants, agents, officers, employees, guests, and business invitees, and not caused by or
arising out of the tortuous conduct of CITY or its employees.
b. CORBETT shall maintain, and specifically agrees that it will maintain, throughout the term
of this Agreement, liability insurance, in which the CITY shall be named an additional
insured in the minimum amounts as follows: Professional Liability / Professional errors and
omissions One Million Dollars ($1,000,000) aggregate. The limits of insurance shall not be
deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if
CITY becomes liable for an amount in excess of the insurance limits, herein provided,
CORBETT covenants and agrees to indemnify and save and hold harmless CITY from and
for all such losses, claims, actions, or judgments for damages or injury to persons or property
and other costs, including litigation costs and attorneys' fees, arising out of, resulting from ,
or in connection with the performance of this Agreement by CORBETT or CORBETT's
officers, employs, agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property, including
use of.
c. CORBETT shall provide CITY with a Certificate of Insurance, or other proof of insurance
evidencing CORBETT's compliance with the requirements of this paragraph and file such
PROFESSIONAL SERVICES AGREEMEN'C TO HIRE AUCTIONEER SERVICES - PAGE 2
proof of insurance with the CITY at least ten (10) days prior to the date CORBETT begins
performance of its obligations under this Agreement. In the event the insurance minimums
are changed, CORBETT shall immediately submit proof of compliance with the changed
limits.
d. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642.
e. CITY agrees to indemnify, defend, and hold harmless CORBETT, and its officers,
agents and employees, from and against any and all claims, losses, actions, or
judgments for damages or injury to persons or property arising out of or in connection
with the acts and/or any performances or activities of CITY, CITY's agents,
employees, or representatives under this Agreement.
7. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be
modified or amended in writing by the parties.
8. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of
the State of Idaho. All actions at law or in equity arising out of or in connection with this
Agreement shall be brought exclusively in the courts of the State of Idaho.
9. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in
any action to enforce this Agreement or to declare forfeiture or termination of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement on this
day of July, 2014.
ATTEST:
City of
CORBETT AUCTIONS AND
APPRAISALS, INC.
/Iirev_xe�Ze
Ke rbe neral Manager
THE CITY OF MERIDIAN
C'Cc /t , (L�,�
Tammy -&e Weerd, le "&r
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PROFESSIONAL SERVICES AGREEMENT TO HIRE UCTIONEER SERVICES -PAGE 3