Donation of Firefighter GearTHE CITY OF ~ Dubuque
DUB E ~~
t i
Masterpiece on the Mississippi
m
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Donating Firefighter Gear
DATE: December 10, 2008
Fire Chief Dan Brown is recommending City Council approval to donate firefighter gear
to firefighters in the Philippines. At this time, the Fire Department is in the process of
replacing 1/3 of the Fire Department's bunker gear. While this gear is no longer
compliant with National Fire Protection Association standards due to a ten-year life
span, it may exceed the needs of firefighters in third world countries.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
E. Daniel Brown, Fire Chief
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: E. Daniel Brown, Fire Chief ~ p_g
SUBJECT: Donating Firefighter Gear
DATE: December 5, 2008
Dubuque
AN~Ame~kal~Y
i 1
2007
The Dubuque Fire Department has been asked to donate firefighter gear to firefighters
in the Philippines. This request has come through Molly Menster in the Human Rights
Department and Assistant Chief Randy Rick. At this time, we are in the process of
replacing 1/3 of the Fire Department's bunker gear and would have older sets available
to fulfill this request. While this gear is no longer compliant with National Fire Protection
Association standards due to a ten year life span, it may exceed the needs of
firefighters in third world countries. As such, I am requesting your approval and
signature for this project.
Per Crenna Brumwell, the steps needed to make this happen would be as follows:
1. Review the enclosed Acknowledgement, Release and Waiver for
Equipment Donation document.
2. Sign off on both copies of the document.
3. Both copies will then be sent to the Philippines and we will instruct the
authorized agent to return a signed copy.
4. When we have received the signed copy, we would then release the
equipment.
Thank you for your consideration of this matter.
ACKNOWLEDGEMENT, RELEASE AND WAIVER
FOR EQUIPMENT DONATION
The City of Dubuque, Iowa, hereinafter "the City," is willing to donate and
hereinafter "Recipient," is accepting the following:
hereinafter "the Goods" in "as is, where is and with all faults" condition.
1. The City is the owner of the Goods and has full authority to transfer ownership of
and title to the goods. The Goods will be transferred free and clear of any liens,
claims or encumbrances.
2. Recipient accepts sole ownership of the Goods in "AS IS/WHERE IS AND WITH
ALL FAULTS" condition. Recipient assumes all liability for the Goods as of the
signature date of this Agreement, including, but not limited to liability for any and all
damages arising out of or resulting from the ownership, maintenance, and use of
the Goods. The City is neither the manufacturer nor a merchant of this equipment.
The Recipient acknowledges that no representations are being made by the City as
to the condition or maintenance of the Goods. The City disclaims all warranties,
express or implied, including, but not limited to, any warranty of fitness for a
particular purpose.
3. Recipient agrees to release, defend, indemnify and hold the City, its trustees,
officers, administrators, staff and other employees or agents harmless from any
liability, damages, loss, claims, demands, actions, expenses, including attorneys'
fees and costs arising out of the donation of the Goods to Recipient, or Recipient's
use or otherwise resulting from Recipient's possession of the Goods. Recipient
specifically agrees that the City is not liable for any direct or consequential damages
arising from the malfunction of or error in the Goods.
4. Recipient acknowledges that it will have an opportunity to examine the Goods and
as consideration for the City donating the Goods, Recipient agrees to accept all risk
associated with the Goods. If Recipient finds the Goods to be unacceptable
Recipient shall have the option to return said Goods to the City.
THE GOODS ARE TRANSFERRED ON AN "AS ISNVHERE IS" BASIS AND THE CITY
MAKES NO GUARANTEE, WARRANTY OR REPRESENTATION, EITHER EXPRESS
OR IMPLIED, AS TO THE QUALITY, CHARACTER OR CONDITION OF THE GOODS,
AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
In consideration of foregoing terms and conditions, the parties, have caused this
Agreement to be executed. The City and Recipient agree that this release has been freely
and voluntarily executed by their respective representatives and that the contents have
been fully and completely read and understood.
CITY OF DUBUQUE, IOWA
BV: Michael C. Van Milligen
Authorized gent P inted)
1.
Signature
~ ~a ~~
Date ~
Recipient
By:
Authorized Agent (Printed)
Signature
Date