Fort Walton Beach Council agenda — 10-28-08 regular agenda — reading text

1st 2nd Vote: Agenda Item Number: 3  Y CI' 1!OP POlJU' W.flLt[' O!N(]JP, flCJ{ POLICE DEPARTMENT STAFF REPORT MEMORANDUM To: Joyce Shanahan, City Manager From: Ted Litschauer, Police Chief Date: October 61 2008 Subject: Settlement Voucher and Voucher Redemption Background: The City of Fort Walton Beach Police Department, as a registered class member, received a settlement voucher in the amount of $ 141784. 00 from Armor Holdings as a share in the litigation settlement fund against Toyobo Company, Ltd., in the matter entitled Lemmings, et al., v Second Chance Body Armor, Inc. The voucher may only be redeemed in exchange for equipment manufactured by subsidiary entities owned by BAE Systems. Discussion: The Fort Walton Beach Police Department is only able to redeem this litigation settlement voucher for equipment manufactured by a subsidiary of BAE Systems, which is the parent company of Armor Holdings. The voucher expires on October 23, 2010. Although the voucher does not expire for two years, there are also two points of consideration at this time. They are: The Fort Walton Beach Police Department Command Staff would like to establish basic uniformity with regards to the uniforms of our officers, in the near futurel and The current condition of the national market place is uncertain, including the occurrence of numerous corporate mergers and " sell offs," as well as an increase in the filing of corporate bankruptcies. Although this is not a direct reflection on BAE Systems, it is prudent to be cognizant of current events. Considering both of the statements above, it would seem prudent to redeem this voucher now, while we are assured of its full value and while equipment that we would like to procure is available, ( but would be considered of lesser priority than the essential equipment contained in the current budget). Equipment, which would provide uniformity to the department's uniform issued ( leather) gear, would be available through this voucher. Currently, FWBPD officers wear a hodgepodge of leather gear which has been issued to them, including: smooth leather gear, basket-weave leather gear, web materials, and Velcro. In addition to the aforedescribed leather gear, some funds would be used to also equip most field officers with evidentiary I fingerprint kits. Alternatively, using the voucher for future vest procurement would result in minimizing its value. The department participates in a fifty ( 50) percent grant program for the procureme'nt of vests. Instructions regarding the vouchers note that the value of the voucher will be reduced for vests, according to the percentage that the class member pays. Conclusion: The equipment selected by the FWBPD Command Staff, from the available BAE Systems subsidiaries, would provide maximum benefrt to the agency from the voucher described herein. Recommendation: Staff respectfully requests that Council accept the Zylon Litigation Settlement Voucher, in the amount of $ 14, 784. 00, as full settlement of the City' s rights in the matter of Southern States Police Benevolent Association, Inc., et al. versus First Choice Armor & Equipment, Inc et aI., US District Court of Massachusetts, Civil Action File No. 06- CV- 10034- NMG. Staff alsorespectfully requests that, following such approval by the City Council, the City Manager approve the purchase requisition, submitted by the police departmentl for purchases to BAE Systems subsidiary companies in redemption of the subject voucher. Prepared, revised, and Respectfully Submitted by: 10//. 3/ 2008 Ted Litschauer, Police Chief Date Reviewed and Concur: If) /7:3/ 2008 City Manager Date 2  Page 1 of 1 Ted Litschauer From: Toni Craig [ tonicraig@cox. net] Sent: Friday, October 17. 20089: 01 AM To: Ted Litschauer; Joyce Shanahan Cc: tcarnathan@fwb. org; Charlotte Dunworth Subject: Zylon Litigation Settlement Chief Litschauer & Charlotte The Zylon Litigation Voucher, (value $ 14784 not $ 17784) is not a grant, and does not need to be accepted through a resolution. Charlotte had prepared one and forwarded to me for review. I advise that you place the following on the consent agenda simply saying " Consideration to accept ZyJon Litigation Settlement Voucher in the amount of $ 14, 784, as full settlement of the City' s rights in the matter of SOUTHERN STATES POLICE BENEVOLENT ASSOCIATION, INC., et al.VS. FIRST CHOICE ARMOR & EQUIPMENT, INC et aI., US District Court of JJ Massachusetts, Civil Action File No. 06-CV- 10034- NMG. Also, the way the voucher is drafted, I need to sign it along with the Chief. So, if you can have Helen put it in the signature folder for the Oct 28 meeting, I' ll sign it then. Toni L.Craig Attorney at Law Fla Bar No 115444 Board Certified, City, County, Local Government Law Mailing Only: 908 Pineview Blvd Fort Walton Beach FL 32547 Office: . 150 Lewis St Ste 102 Fort Walton Beach FL 32547 850) 243- 6969 Fax: ( 850) 244- 8929 www. tonicrag.info CONFIDENTIALITY NOTICE: This email is from Toni L.Craig, Attorney at Law, and is intended only for the use of the addressee. If you received this email in error, please notify me immediately, delete the em ail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of Toni L. Craig, Attorney at Law, do not construe anything In this email to make you a client unless specifically stated. Do not disclose anything to me in any reply that you expect to be kept confidential. If you are a client, you should keep the contents of this email confidential to preserve the attorney- client or work product privilege. 10/ 17/ 2008  D ARMOR HOLDINGS. ZYLON LITIGATION VOUCHER 70016482 1 TONI CRAIG CITY OF FORT WALTON BEACH POLICE DEPARTMENT PO. BOX 4009 7 HOLLYWOOD BLVD NE FORT WALTON BEACH. FL 32549-4009 Dear Class Member, The Armor Holdings merchandise voucher attached below represents your pro rata share of the Zylon Litigation Settlement Fund in full and final settlement of your claim against Toyobo Company; Ltd. and Toyobo American, Inc., in the matter entitled Lemmings, et al., v:Second Chance Body Armor, Inc. The amount of your voucher was calculated based on the information you provided on the Election of Benefits form. The pro rata share of the Settlement Fund is 5730.00 per vest. fu a class member requesting a merchandise voucher, Armor Holding has added an additional 10%, which totals $ 803.00 per vest, assuming you paid the entire purchase price yourself. As a registered class member, you are entided to use the attached merchandise voucher to purchase any Armor Holdings branded products carried by your local law enforcement distributor.These products includ,e Safariland@, MonadockC!l batons, Hatch@ Gloves, PROTECHTM Tactical and more. Additionally; you may also use your voucher to purchase select models of bullet resistant vests featured in the accompanying brochure. Please refer to the enclosed brochure for more information. There may be an additional distribution from the Settlement Fund should enough of the reserve for paying late registrations remain to make a second distribution. This determination will be made after the July 1, 2006 deadline for late registrations has passed and you will be advised of any additional distribution to be made on a pro rata basi~ at that time. No guarantees are made as to the possibility of sufficient funds to allow for a second distribution. As such, this award constitutes a final setdement. If you have ns concerning this distribution, please contact the Zylon Settlement Admini$trator in questi<,> writing at EO. Box 1700, Faribaul~, MN 55021- 1700, by calling 877- 567- 2754, or by visiting the class actioQ web site at www.zylonvestclassaction. com. Please note that the tax treatment of this distribution varies based upon the individual circumstances and tax status of each Class Member. Accordingly;neither Armor Holdings, the Class Counsel nor the Setdement Administrator are able to determine the appropriate tax reporting for any Class Member. You should consult with your tax advisor to determine the tax consequences, if any, this distribution may have to you.  CLAIM ID 1# 70016482 ZYLON LITIGATION SETTLEME'NT FUND V 0 U C HER t,;~~' J,~~~~! IIII~~ t~~~ @iM~#j{~ 1~~:~~ J[~~11:I~tjt~~~ ISSUED TO: TONI CRAIG.":,,, . ..':".., TOTAL VOUCHER VALUE; CITY OF FORT WALTON BEACH POLICE DEPARTMENT I ".:. ':~ ~;.. " :' '", ..' . . 14, 78.4. 00 I CLASS MEMBER SIGNATURE REMIT TO I TRANSFER SIGNATURE (IF APPLICABLE)  CITY COUNCIL MEETING October 28, 2008 Consent Agenda Consideration of request for approval of a Law Enforcement Memorandum of Understanding ( MOU) by the Police Department and US Marshalls Service providing for reimbursement of overtime for officers participating in " Operation Orange Crushll Police Chief) Council Action 1st 2nd Vote: Agenda Item Number: 4  ClpY O!f fo9qW!J1L r 09( fJYE!JLC91 POLICE DEPARTMENT STAFF REPORT MEMORANDUM To: Joyce Shanahan, City Manager From: Ted Litschauer, Police Chief Date: September 30, 2008 Subject: Memorandum of Understanding Backaround: The Fort Walton Beach Police Department, as well as all other regional City, County, and applicable State Law Enforcement Agencies, individually enter into a Memorandum Of Understanding ( MOU) with the United States Marshals