The URL can be used to link to this page

Home My WebLink About211-05 RESOLUTION• • RESOLUTION NO. 211-05 A RESOLUTION AUTHORIZING THE FAYETTEVILLE POLICE DEPARTMENT TO ACCEPT MERCHANDISE VOUCHERS FROM ARMOR HOLDINGS TO REPLACE EXISTING BALLISTIC VESTS CONTAINING ZYLON. WHEREAS, the Fayetteville Police Department has purchased Armor Holdings ExtremeXS ballistic vests containing Zylon since the fall of 2002; and, WHEREAS, the National Justice Institute, the certifying body for ballistic vests has decertified ballistic vests containing Zylon; and, WHEREAS, as a result of a class-action suit, Armor Holdings is offering vouchers that the Fayetteville Police Department can use to secure replacement vests from Cruse Uniforms and Equipment, Inc. of Little Rock. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Police Department to accept merchandise vouchers from Armor Holdings to secure replacement ballistic vests from Cruse Uniforms and Equipment, Inc. of Little Rock. PASSED and APPROVED this 1st day of November, 2005. ATTEST: By: pytc242c , 'nusv SONDRA ,s,.�vSMj4,city Clerk �RK/TP, �Si,,i SV • •1 E. ;FAYETTEVILLE'F. Vdc ••..,• xi �ih'GTON °... bg4111111U11P APPROV B AN COODY, Mayor • • ZYLON VEST EXCHANGE REGISTRATION & CLAIM FORM READ THIS ENTIRE DOCUMENT CAREFULLY. 1T EFFECTS YOUR LEGAL RIGHTS. IT ALSO PROVIDES DEADLINES THAT YOU MUST MEET. I. Introduction Armor Class Action l: 1. If you purchased a Zylon-containing vest from American Body ArmorTm, Safariland® or ProTechTM on or before August 12, 2004 ("Armor Class Action 1"), you may have received by mail or have read a published Notice of Fairness Hearing on Supplemental Relief Program. The Notice describes a proposed Supplemental Relief Program ("Supplemental Relief Program") on behalf of the members of Armor Class Action 1. Armor Class Action l/: 2. If you purchased a Zylon-containing vest from American Body Armor"' or Safariland® between August 13, 2004 and August 29, 2005 ("Armor Class Action II"), you may have received by mail or have read a published Notice of Pendency of Class Action, Proposed Settlement and Final Approval Hearing. The Notice describes a proposed Settlement ("Settlement") of a lawsuit brought on behalf of members of Armor Class Action Il. 11. To Participate in the Supplemental Relief Program and/or Settlement If you a member of At mor Class Action / or a member of Armor Class Action 1/, either an agency or an individual (you may be a member of both Classes if you purchased multiple vests at different times), and you wish to PARTICIPATE in the Supplemental Relief Program and/or the Settlement (depending on the Class in which you are a member), you must complete the information in sections III and IV of this Claim Form, sign and date below and mail or fax it by December 1, 2005 to: Zylon Vest Exchange Program Claims Administrator PA. Box 466 Traverse City, Michigan 49685-0466 Telephone: 1(866) 815-2914 Facsimile: 800-716-9829 You may also complete and submit the Claim Form online at www.bodvarmor.com/zylon but must do soon or before December 1, 2005. 111. Information About Zvlon Vest Purchasers All Class members (both Armor Class Action I and Armor Class Action /I) MUST provide the Contact Information requested in this section, and the Agency Information (if the Class member works for an agency or worked for an agency whcn that Class member purchased his or her vest). Contact Information (Vest Owner or Agency POC) Name (First. Middle Initial 8 Last) Position or title BadgeAD No. Address I Address 2 City Work Phone Gender 0 Male 0 Female Form 1117111 r.wW State Zip Pnmasy eMail Ext. Alternate Phone 1 am registering as: 0 An Individual 0 An Agency Administrator (Point of Contact) • • How many Zylon-Containing vests are you registering for? (Estimate the vest count, you can made it later) How was your vest purchased? (who paid for it?) 0 Agency 0 Officer 0 Joint 0 Other 0 Unknown Best TimeTo Call 0 Morning 0 Afternoon 0 Evening 0 1 Prefer eMails Best Day(s) To Call (Check all that apply) 0 Monday 0 Tuesday 0 Wednesday 0 Thursday 0 Friday 0 Saturday CONFIDENTIALITY: We respect your need for privacy and confidentiality. We are collecting your contact information solely to facilitate the prompt handling of your registration. Agency Information Agency Name Address 1 Address 2 City This Address is: sum Zip 0 Headquarters 0 Branch/Field Office Country 0 USA 0 Other Phone Comments or Questions Ext. Fax NO PO BOXES -- Requires a FedF,x shipping address IV. Election of Benefits Armor Class Action I: To receive benefits, members of Armor Class Action / MUST complete sections A, B and C in the Supplemental Relief Program box directly below: Supplemental Relief Program A. Uour agency elects to participate in the Supplemental Relief Program _ (check). B. Uour agency elects the following Option for participation in the Supplemental Relief Program (See Notice of Fairness Hearing on Supplemental Relief Program for complete description of Option 1 and Option 2): 1. Cash Option - _ (check if you/your agency selects this option) 2. Voucher Option - _ (check if you/your agency selects this option) C. Uour agency understands that by electing to participate in the Supplemental Relief Program, my/its legal rights against Defendants will be released and extinguished, except for those rights that are provided by the Supplemental Relief Program and the warranty on the new vest that 1/it may obtain with the voucher under option 2. If your agency purchased multiple vests and would like to select the cash option for some of the vests and the voucher option for others, please chcck both boxes; OTHERWISE, PLEASE SELECT ONLY ONE OPTION. ram Hf tae v..n Armor (:lass Action 11: To receive benefits, members of Armor Class Action /I MUST complete sections A, B and C in the Settlement box directly below: Settlement A. Uour agency elects to participate in the Settlement _ (check). B. 1/our agency elects the following Option for participation in the Settlement (See Notice of Pendency of Class Action, Proposed Settlement and Final Approval Hearing for complete description of Option 1 and Option 2): 1. Cash Option - _ (check if you/your agency selects this option) 2. Voucher Option - _ (check if you/your agency selects this option) C. Uour agency understands that by electing to participate in the Settlement, my/its legal rights against Defendants will be released and extinguished, except for those rights that arc provided by thc Settlement and the warranty on the new vest that Uit may obtain with the voucher under option 2. If your agency purchased multiple vests and would like to select the cash option for some of the vests and the voucher option for others, please check both boxes; OTHERWISE, PLEASE SELECT ONLY ONE OPTION. V. To Object to the Supplemental Relief Program or the Settlement If you wish OBJECT to the Supplemental Relief Program, the Settlement, or to the application by Plaintiffs' Counsel for an award of attorneys' fees and expenses in either the Supplemental Relief Program or the Settlement, then you must state your objection in writing and mail it, postmarked on or before October 21, 2005 to: Office of Clerk of Court Circuit Court of Duval County 330 East Bay Street, Room 103 Jacksonville, Florida 32202 AND PROVIDE A COPY TO: W. Pitts Carr, Esq Carr, Tabb & Pope, LLP 10 North Parkway Square 4200 Northside Parkway, NW Atlanta, Georgia 30327 VI. To Exclude Yourself From the Class NOTE: IF YOU ARE A MEMBER OF ARMOR CLASS ACTION I, PLEASE DISREGARD THIS SECTION. ONLY MEMBERS OF ARMOR CLASS ACTION II MAY EXCLUDE THEMSELVES. If you purchased a Zylon-containing vest from American Body ArmorTM or Safariland® between August 12, 2004 and August 29, 2005 (Armor Class Action /Q, and you wish to EXCLUDE yourself from thc Class, you must complete the Request for Exclusion below and mail or fax it by October 21, 2005 to: Zylon Vest Exchange Program Armor Class II Claims Administrator P.O. Box 466 Traverse City, Michigan 49685-0466 Telephone: 1(866) 815-2914 Facsimile: 800-716-9829 AND PROVIDE A COPY TO: W. Pitts Carr, Esq. Carr, Tabb & Pope, LLP 10 North Parkway Square 4200 Northside Parkway, NW Atlanta, Georgia 30327 Telephone: (404) 442-9000 Facsimile: (404) 442-9700 ram HIT93•web • • You may also complete and submit a Request for Exclusion online at www.bodyarmor.com/zylon, but must do so on or before October 21, 2005. IF YOU DO NOT EXCLUDE YOURSELF FROM THE CLASS YOU WILL BE BOUND BY THE JUDGMENT OF THE COURT. IF YOU DO EXCLUDE YOURSELF FROM THE CLASS YOU WILL NOT RECEIVE THE BENEFITS OF THE SETTLEMENT. VII. For Additional Information For additional information or questions you may contact the Claims Administrator at the address listed above, by calling 1-866-815-2914, or visit www.bodyarmor.com/zylon. If you have any problems participating in the Supplemental Relief Program or the Settlement, or receiving your benefits, you may contact Plaintiffs' Counsel: W. Pitts Carr, Esq. David M. Cohen, Esq. Carr, Tabb, Pope & Freeman, LLP 10 North Parkway Square 4200 Northside Parkway, NW Atlanta, Georgia 30327 (404) 442-9000 ALL CLASS MEMBERS (ARMOR CLASS Print Name ACTION 1 AND ARMOR CLASS ACTION 11) PRINT AND SIGN YOUR NAME, AND ENTER THE DATE HERE. Signature Fam 1117D. v wet Date • • Request For Exclusion - Armor Class Action 11 Only If you bought your Zylon-containing vest between August 13, 2004 and August 29, 2005, and do NOT wish to participate in the Settlement (Armor Class Action 11), complete this portion of this Claim Form. A. I/our agency does NOT want to participate in the Settlement. (check) B. 1/our agency does not have American Body ArmorTM or Safariland® vests that contain Zylon®. (check if applicable) C. 1/our agency understands that 1/my agency may be a member of a Class of persons who purchased American Body ArmorTM or Safariland® vests containing Zylon® between August 12, 2004 and August 29, 2005. I/our agency understand(s) that certain legal claims have been asserted on behalf of the Class and that 1/our agency have/has the right to exclude myself/my agency from the Class. 1 have read the Annor Class Action 11 Notice of Pendency of Class Action, Proposed Settlement and Final Approval Hearing. I am sufficiently advised of my rights to remain in the Class and to be bound by any Judgment rendered therein, however, I do NOT wish to be a member of the Class. By opting out, 1 am excluding myself/my agency from the binding effect ofJudgment and from all benefits available to Class members. 1 also realize that if 1 exclude myselUmy agency from the Class by opting out and subsequently choosing to bring an independent action, 1 will be responsible for choosing and compensating my own attomey(s) and that the statute of limitations for bringing claims set forth in this litigation will again begin to run from the date of my request for exclusion. 1 understand that this REQUEST FOR EXCLUSION must be completed and returned by mail, postmarked on or before October 21, 2005. YOU MUST PRINT AND SIGN YOUR NAME, ENTER THE DATE, Print Na YOUR TELEPHONE NUMBER AND TIIE NUMBER OF VESTS PURCHASED Signa ure Fenn HI195 v web Date -A Cow e n t7�/CV 4€717 9 5''4 75- < azyc Telephone No. No. of American Body ArmorTM and/or Safariland® Zylon®-containing Vests purchased Chief Frank Johnson Submitted By • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 11/1/2005 City Council Meeting Date Police Division Action Required: • Police /t5 /1/1/€6 011/ prmer Ndd irjs Vduckr/71401E3 Department City Council accepts Armor Holdings Voucher proposal for all ballistic vests containing Zylon and wave competitive bids for the purchase of new ballistic vests through Cruse Uniforms and Equipment, Inc of Little Rock, Arkansas. $ Cost of this request 1010-2940-5302.00 Account Number N/A Project Number Budgeted Item X 718,047.00 $ Category / Project Budget 445,627.18 Funds Used to Date 272,419.82 Remaining Balance Budget Adjustment Attached N/A Program Category / Project Name Services/Charges Program / Project Category Name General Fund Name Department Dfctor Finan e and Internal Service Director Mayor Previous Ordinance or Resolution # /0 -//-t5— Date Original Contract Date: 10/tl� Datdil (o -' '&( Date ' Date Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: FROM: Frank Johnson, Chief of Polic DATE: October 3, 2005 SUBJECT: Zylon® Vest Exchange Program Mayor Coody and Members of the City Council RECOMMENDATION: Council accepts Option 2 — Merchandise Voucher as offered by Armor Holdings and wave formal bidding to purchase new ballistic vests through Cruse Uniforms and Equipment, Inc. of Little Rock, Arkansas. BACKGROUND: The Fayetteville Police Department began purchasing Armor Holdings ExtremeXS ballistic vests with a level 3A ballistic rating in the fall of 2002. Studies recommend the life span of a ballistic vest is five years. Since the fall of 2002, the Fayetteville Police Department has been purchasing ExtremeXS model ballistic vests to replace old vests as needed for each officer. The National Justice Institute, which is charged with certifying ballistic vests, has conducted a study that has led to a recall, or non -certification, of ballistic vests containing Zylon. This study has led to a class action lawsuit against companies selling ballistic vests containing Zylon. The ExtremeXS model ballistic vest contains Zylon. Armor Holdings has offered cash or voucher options to police agencies in order to replace existing ballistic vests containing Zylon. The Fayetteville Police Department recommends council foregoes participation in the class action suit and accepts the voucher option as offered by Armor Holdings. • DISCUSSION: Note options available and refer to class action lawsuit. BUDGET IMPACT: Receiving vouchers will eliminate the need to purchase any replacement vests or vests for new officers in 2005. • • RESOLUTION NO. A RESOLUTION AUTHORIZING THE FAYETTEVILLE POLICE DEPARTMENT TO ACCEPT MERCHANDISE VOUCHERS FROM ARMOR HOLDINGS TO REPLACE EXISTING BALLISTIC VESTS CONTAINING ZYLON. WHEREAS, the Fayetteville Police Department has purchased Armor Holdings ExtremeXS ballistic vests containing Zylon since the fall of 2002; and, WHEREAS, the National Justice Institute, the certifying body for ballistic vests has decertified ballistic vests containing Zylon; and, WHEREAS, as a result of a class-action suit, Armor Holdings is offering vouchers that the Fayetteville Police Department can use to secure replacement vests from Cruse Uniforms and Equipment, Inc. of Little Rock. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section]. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Police Department to accept merchandise vouchers from Armor Holdings to secure replacement ballistic vests from Cruse Uniforms and Equipment, Inc. of Little Rock. J PASSED and APPROVED this 1st day of November, 2005. J l APPROVED: By: D N GOODY, Mayor ATTEST- By: TTESTBy: Si .; o SMI FH�Cit kJcrk �/ Clarice Pearman - Res. 211-05 • • From: Clarice Pearman To: Johnson, Frank Date: 11/4/05 4:32PM Subject: Res. 211-05 Page 11 Chief, Attached is a copy of the resolution with backup the Council passed on November 1, 2005. I will forward to you to original for the voucher. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki