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HomeMy WebLinkAbout2006/08/08 Item 5 COUNCIL AGENDA STATEMENT - Item: C' Meeting Date: 8/8/06 ITEM TITLE: RESOLUTION ACCEPTING THE LITIGATION SETTLEMENT IN THE MATTER ENTITLED LEMMINGS, ET AL., V. SECOND CHANCE BODY ARMOR, INC. FOR DEFECTIVE ZYLON VESTS PURCHASED BY THE POLICE DEPARTMENT. "Aft {fit/ Chief of POliC~ 11" City Manager (jl (4/5ths Vote: Yes_ NolL) SUBMITTED BY: REVIEWED BY: As a registered class member in the litigation matter entitled Lemmings, et aI., v. Second Chance Body Armor, Inc., the Police Department received a merchandise voucher in the amount of $118,041 for the purchase of any Armor Holdings branded products to replace the defective Zylon vests purchased from Second Chance Body Armor, Inc. RECOMMENDATION: That Council adopt the resolution accepting the litigation settlement in the matter entitled Lemmings, et aI., v. Second Chance Body Armor, Inc. for defective Zylon vests purchased by the Police Department. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In September 2003, the Police Department was notified by Second Chance Body Armor, Inc. that the body armor sold by their company had a potentially life threatening defect. The Department had purchased 147 ballistic body armor vests from Second Chance that were constructed of a material named Zylon. Zylon is a material that is supposed to be stronger and lighter than Kevlar Kevlar is the predominant material used in the construction of most ballistic body armor vests. After a couple of incidences across the nation where the body armor seemed to have failed because it did not provide adequate protection, tests were done on the Zylon vests to check if there were product defects. The tests concluded that the Zylon vests suffered from material degradation due to body heat, moisture and UV exposure from the sun. This resulted in the vest failing prior to its usual expiration date of five years. After the department received confirmation that the 5-1 Page 2,ltem: Meeting Date: 5 8/8/06 vests in question were potentially defective, the Police Department immediately replaced all 147 of the defective vests in March 2004 utilizing department funds. Because of the product defect, the Police Department became a registered class member of the litigation matter entitled Lemmings, et a/., v. Second Chance Body Armor, Inc. The final settlement of the claim resulted in an Armor Holdings merchandise voucher in the amount of $118,041, as the pro rata share of the Settlement Fund was $803.00 per vest. This voucher amount is adequate to completely offset the costs of the vest replacement. Acceptance of the litigation settlement will allow the Police Department to use the merchandise voucher and purchase Armor Holding branded products, which includes the Department's currently issued vest, the ABA (American Body Armor) Extreme 1/ The department will utilize the voucher to purchase replacement vests when the original replacement vests functional usefulness expires in 2008. The merchandise voucher has an expiration date of October 23, 2010 FISCAL IMPACT: Approval of this resolution has no net fiscal impact to the General Fund. The Police Department will use the merchandise voucher in the amount of $118,041 to purchase Armor Holdings branded products. Appropriations are not needed, as the department will purchase against the merchandise voucher. 5-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LITIGATION SETTLEMENT IN THE MATTER ENTITLED LEMMINGS, ET AL., V. SECOND CHANCE BODY ARMOR, INC. FOR DEFECTIVE ZVLON VESTS PURCHASED BY THE POLICE DEPARTMENT. WHEREAS, in September 2003, the Police Department was notified by Second Chance Body Armor, Inc. that the body armor sold by their company had a potentially life threatening defect; and WHEREAS, because of the product defect, the Police Department became a registered class member of the litigation matter entitled Lemmings, et aI., v Second Chance Body Armor, Inc; and WHEREAS, the final settlement of the claim resulted in an Armor Hoidings merchandise voucher in the amount of $118,041, and WHEREAS, acceptance of the litigation settlement will allow the Police Department to use the merchandise voucher and purchase Armor Holding branded products. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the litigation settlement in the matter entitled Lemmings, et aI., v Second Chance Body Armor, Inc. for defective Zylon vests purchased by the Police Department. pm ' Richard P. Emerson Police Chief Approved as to form by' 1tI(i"l4J An oore City Attorn y 5-3