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HomeMy WebLinkAbout21-0915 GunbustersWGUNBUSTERS® FIREARMS PULVERIZER AGENCY RECEIPT / AGENT AUTHORIZATION CONTRACT General Provisions: Received from the Elgin Police Department, hereafter referred to as "Agency", the attached list of --6 0 (physical count) firearms, subject to final audit, designated and earmarked for destruction by pulverization. GunBusters, LLC, hereafter referred to as GunBusters shall destroy the listed weapons at no charge to the Agency with the understanding GunBusters will sell salvaged and recyclable parts and scrap metals. Weapons may include firearms which may not be possessed under federal or state law; to include fully automatic weapons, those having defaced serial numbers or those which have been illegally modified. The Agency conveys said weapons to GunBusters, such weapons being free of any encumbrance, seizure claim, or another possessory claim. The Agency is an official law enforcement entity (federal, state, county, or local government) that, pursuant to the provisions of the Gun Control Act of 1968 ("GCA") and the National Firearms Act of 1934 ("NFA"), conveys to GunBusters on a repair basis, GCA and NFA regulated firearms, noting such process includes destruction by pulverization, as directed by the Agency. GunBusters will notify the Agency in writing with 48 hours of destruction of the relevant NFA firearm receiver(s) so that the Agency can report the destruction(s) to the ATF NFA Branch. No later than one week following the destruction of any NFA firearms provided by the Agency, Gunbusters will provide the Agency with a CD/DVD containing unretouched video(s) evidencing, by clearly showing the serial number, the complete destruction of all such NFA firearm receivers. GunBusters shall act as an agent of the Agency, for the sole purpose of destruction of the listed firearms by pulverization and authorizes GunBusters to transport, house and destroy seized and surrendered weapons for destruction by pulverization, with the Agency retaining ownership of each firearm until the moment of destruction. Accordingly, the Agency requests GunBusters to additionally destroy such firearms with serial numbers that are defaced or obliterated, acknowledging QunBusters is specifically, acting as an agent of the Agency and not withstanding 18 U.S.C. § 922(k), such agency is entitled under 18 U.S.C. § 925(a)(1) to destroy contraband under its constructive control via its agent GunBusters. Liability: Each party shall not be bound by any action taken by the other party in good faith in the exercise of the powers and authority conferred upon such party under this Agreement. The parties are not jointly and severally liable for any tort, contractual liability, misfeasance or malfeasance, violation of civil or criminal laws, or any other action arising out of, or in relation to, this Agreement. Assignment: Neither this Agreement nor any other interest arising from the execution of this Agreement may be assigned, pledged, transferred or hypothecated without the prior written consent of both GunBusters and the Agency. Destructions Services Contract Between GunBusters and Law Enforcement Agency Page 2 Arbitration No civil action concerning any dispute arising out of this Agreement shall be instituted before any court, and all such disputes shall be submitted to final and binding arbitration under the auspices of the American Arbitration Association in the State of Agency. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of that association before a single arbitrator. The arbitrator's award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration and obtaining an award thereunder shall be a condition precedent to the bringing and maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding. The parties agree that the venue for any arbitration or litigation shall be the United States District Court of the state in which the Agency is primarily located, or the state courts located therein, as per the relevant jurisdictional or choice of venue requirements. Entire Agreement: This Agreement constitutes the entire agreement between the Gunbusters and the Agency pertaining to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, representations, warranties and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both GunBusters and the Agency. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding, unless the waiver is in writing and signed by the party making the waiver. Severability: If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Execution in Counterpart: This Agreement may be executed in two (2) counterparts, each of which shall be taken on to be an original. The parties hereto, intending to be written below. For GunBusters, C t,�y Printed Name and Ale R 3/18 bound, have signed this Agreement as of the date and year as Date For Agency - Signature Date Printed Name and Title Chief Law EnforceR ment Officer or Designee 6—/VI1 b, Agency Name 2 £ C C C C £ C C 6 6 G G C C C C C C O O O O_ O O O O O O Q O C O O O O O O 6 O a O O O O 0 O D 8 q O O m is m n . m m n m m m .t O C O 6 — O S 3 — 3 — 2 T } T T } } T Y } } T } T T T a ,n n' a n} s} i] ro a ro ro ro -$ ro ro v v ro ro v ro ro v -o v a v v v ro v m ro ro ro a a v a ro ro a ro ro c W W a a a a a a a a a a a a a a v a a a a W a a a a a W a } Y T Y U V H W N v V r w t V w C. G G C C C C C C C C £ C C £ C £ C C G C C C C C C C C C C C C C L L C C C 7 O O O O O(7 O O O 3 3 3 0 0{tot7 :ryry'} t7 007 0 0G (D 0 L7 0 V' t'3 C7 C7 0 V` V'V V' 'V 00 0l?V i7 13 i7U U' U' N m b O 'bJ O v � •r, q'6 N Oi' - JMi a o. O 6d C. N N sa �C a W N W a a ` E E E E E E E E E. 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Weapons may include firearms which may not be possessed under federal or state law; to include fully automatic weapons, those having defaced serial numbers or those which have been illegally modified. The Agency conveys said weapons to GunBusters, such weapons being free of any encumbrance, seizure claim, or another possessory claim. The Agency is an official law enforcement entity (federal, state, county, or local government) that, pursuant to the provisions of the Gun Control Act of 1968 ("GCA") and the National Firearms Act of 1934 ("NFA"), conveys to GunBusters on a repair basis, GCA and NFA regulated firearms, noting such process includes destruction by pulverization, as directed by the Agency. GunBusters will notify the Agency in writing with 48 hours of destruction of the relevant NFA firearm receiver(s) so that the Agency can report the destruction(s) to the ATF NFA Branch. No later than one week following the destruction of any NFA firearms provided by the Agency, Gunbusters will provide the Agency with a CD/DVD containing unretouched video(s) evidencing, by clearly showing the serial number, the complete destruction of all such NFA firearm receivers. GunBusters shall act as an agent of the Agency, for the sole purpose of destruction of the listed firearms by pulverization and authorizes GunBusters to transport, house and destroy seized and surrendered weapons for destruction by pulverization, with the Agency retaining ownership of each firearm until the moment of destruction. Accordingly, the Agency requests GunBusters to additionally destroy such firearms with serial numbers that are defaced or obliterated, acknowledging GunBusters is specifically' acting as an agent of the Agency and not withstanding 18 U.S.C. § 922(k), such agency is entitled under 18 U.S.C. § 925(a)(1) to destroy contraband under its constructive control via its agent GunBusters. Liability: Each parry shall not be bound by any action taken by the other parry in good faith in the exercise of the powers and authority conferred upon such party under this Agreement. The parties are not jointly and severally liable for any tort, contractual liability, misfeasance or malfeasance, violation of civil or criminal laws, or any other action arising out of, or in relation to, this Agreement. Assignment: Neither this Agreement nor any other interest arising from the execution of this Agreement may be assigned, pledged, transferred or hypothecated without the prior written consent of both GunBusters and the Agency. Destructions Services Contract Between GunBusters and Law Enforcement Agency Page 2 Arbitration No civil action concerning any dispute arising out of this Agreement shall be instituted before any court, and all such disputes shall be submitted to final and binding arbitration under the auspices of the American Arbitration Association in the State of Agency. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of that association before a single arbitrator. The arbitrator's award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration and obtaining an award thereunder shall be a condition precedent to the bringing and maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding. The parties agree that the venue for any arbitration or litigation shall be the United States District Court of the state in which the Agency is primarily located, or the state courts located therein, as per the relevant jurisdictional or choice of venue requirements. Entire Agreement: This Agreement constitutes the entire agreement between the Gunbusters and the Agency pertaining to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, representations, warranties and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both Gunbsusters and the Agency. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding, unless the waiver is in writing and signed by the party making the waiver. Severability: If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Execution in Counterpart: This Agreement may be executed in two (2) counterparts, each of which shall be taken on to be an original. The parties hereto, intending to be bound, have signed this Agreement as of the date and year as written lbw. 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