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08/09/2005 Resolutions 2005-221 I I RES 0 L UTI 0 N 2005-221 WHEREAS, the Utilities Department Service Center has a fire protection sprinkler system consisting of water pipes and sprinkler heads that covers the operation offices, purchasing, warehouse and truck garage areas; and WHEREAS, Central Sprinkler Company, an affiliate of Tyco Fire Products of Lansdale, Pennsylvania is the maker of the fire suppression system; and WHEREAS, the company has issued a Voluntary Sprinkler Replacement recall to replace parts of the sprinkler heads; and WHEREAS, such recall will provide parts and labor to replace the original O-Ring Sprinkler Heads with an improved design, at no cost to the Department; and WHEREAS, prior to the replacement, Central Sprinkler Company and Tyco Fire Products require a Waiver, Release of Claims and Replacement Agreement to limit the liability of Central Sprinkler Company and Tyco Fire Products for prior claims associated with the sprinkler heads; and WHEREAS, the City Attorney's office has reviewed and approved the proposed agreement, and no prior claims exist pertaining to the sprinkler heads. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute the Waiver, Release of Claims and Replacement Agreement with Central Sprinkler Company to provide parts and labor to replace the original O-Ring Sprinkler Heads at the Utility Service Center involved in the recall. Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. ~ RaNae Edwards, City Clerk Approved as to Form J:l August 2, 2005 J:l City Attorney