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11/20/2012 10 Sole Source Purchase of a Used Lenco Bear Cat Armored Vehicle from Lenco Armored VehiclesBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: November 20, 2012 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: Resolution approving and ratifying a sole source procurement due to "Special Market Conditions" without calling for bids from Lenco Armored Vehicles to purchase a used and refurbished Lenco Bear Cat Armored Vehicle. Chief Dominic Rizzi Jr. Captain Jeff Schneider, 575-6151 Staff respectfully requests City Council ratification of a resolution authorizing after the fact, a sole source procurement of a used and refurbished Lenco Bear Cat armored SWAT vehicle from the manufacture located in Pittsfield, MA. This would be a sole source purchase considered to be a "special market condition" and formal bid requirements would be waived, since the vehicle is used, meets the needs of the Yakima Police Department, and needed to be procured immediately. The Police Department has been actively researching the purchase an armored vehicle to be used by the SWAT team when dealing with persons armed with high power firearms. Our search revealed a used and refurbished vehicle in Pittsfield, MA. To purchase the unit new would be $230,000, or $102,847 more than this immediate purchase of $127,153 (plus tax). Purchasing was consulted and the City Manager approved the urgent purchase of the vehicle, due to the special market conditions. Resolution X Contract: Contract Term: Insurance Required? No Funding Source: General Fund APPROVED FOR SUBMITTAL: Ordinance Mail to: Amount: Other (specify) Expiration Date: Phone: City Manager 1 1 STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Sole Source Justification ❑ Photo ❑ Quotation RESOLUTION NO. R -2012- A RESOLUTION approving and ratifying sole source procurement due to "special market conditions" without calling for bids from Lenco Armored Vehicles to purchase a Used Lenco Bear Cat Armored Vehicle. WHEREAS, Article VI, Section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 generally requires that purchases over $25,000 be done by competitive bidding, subject to certain exceptions; and WHEREAS, the law recognizes a "sole source" exception from competitive bidding requirements, when due to "special market conditions", it would be futile to utilize competitive bidding; and WHEREAS, the Yakima Police Department has been actively researching for the purchase of an armored SWAT Vehicle; and WHEREAS, the Lenco Bear Cat, even if purchased new, is a documented Sole Source, employing secret and proprietary processes in the design and manufacture and also has patented features and engineering processes, and WHEREAS, Lenco Armored Vehicles located in Pittsfield, Massachusetts is the manufacturer of the unit and was selling the used, refurbished vehicle on the open market at $137,580, tax included; and WHEREAS, due to the "special market conditions" the unit was immediately purchased by the Yakima Police Department so that it could not be sold to others, and WHEREAS, the City Council finds that it is in the best interest of the City to approve and ratify the purchase of said used Lenco Bear Cat armored SWAT Truck from Lenco Armored Vehicles as a sole source purchase without calling for bids; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council approves and ratifies a sole source procurement without calling for bids whereby Lenco Armored Vehicles agreed to sell a used and refurbished Lenco Bear Cat armored SWAT Truck to the City of Yakima to be used by the Yakima Police Department, and the City Council further authorizes the City Manager to execute any documents and issue warrants to purchase said vehicle. ADOPTED BY THE CITY COUNCIL this day of November, 2012. ATTEST: Micah Cawley, Mayor City Clerk LEO ARMOREDximam Protecting Our Nation's De f enbers'M October 2, 2012 Chad Stephens Yakima Police Department 200 S. 3rd St. Yakima, WA. 98901 Dear Mr. Stephens, Re: Lenco Sole Source for the Lenco BearCat® This letter is to inform you that Lenco Armored Vehicles is the Sole Source Manufacturer for the Lenco BearCat Armored SWAT Truck(s) or the equivalent. • We employ secret and proprietary processes in the design and manufacture of the Lenco BearCat to provide superior ballistic performance at a lighter weight than any competitive vehicles. • We employ a patented, zero gravity counter balanced roof hatch system which enhances operator safety and security. • We have developed secret engineering processes to offer a turning radius of 17' 8", which is shorter than the overall length of the vehicle, thereby providing enhanced tactical maneuverability. • We employ secret and proprietary processes to modify the vehicle chassis to re -distribute the armor, chassis and occupant weights proportionately between the front & rear axles. We are the only manufacturer, distributor, authorized dealer or supplier of this product or its equivalent. Sole Source References: St. Charles County Sheriff's New York State Police U.S. State Department Illinois State Police Los Angeles Police Dept. New Jersey State Police Captain David Todd Major David McBeth DEAV, Ricky Motley Captain Robert Haley Lt. Mike Albanese Captain Bill Lundon Government Sales Manager SWORN TO AND SUBSCRIBED BEFORE ME, 2nd day of 0 tober 2012 is2 ALLI •61—%4.. A NOTARY PU:LIC IN & FOR Commission Exp.10/14/16 The State of Massachusetts/County of Berkshire 10 Betnr Industrial Drive - Pittsfield, MA 01201 PH (413) 443-7359 - FAX (413) 445-7865 www.ArmoredTrucks.com • www.SWATtrucks.com 636-949-3001 518-457-5936 703-644-3322 217-557-1278 213-972-2420 609-462-7183 TT 111111 111 11 lillll!lill! !HMI! I n 11111111111111111111111111 1111111111 1111111111111111111 Illtl 111111111 11111 I 111111111111111111111111111„ 11111111111111 IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIit 111 „1111E11111111111ININII1i 11111111111 11111111111111111111111111111111111!11'11111111 11111111111111111111111111E:1111 1 1111111111111111111 1111 IIIII:IIIIi1111111 1 1 1 1 1111' • IIIIIIIIIIIIIIIII II IIIIIIII - - —- - _ _ VIII __ OS S. SI SR �. .-. MI SENO • 111 Ala IUI!!UUUt } }1 Iii 1 i i ..1111 Ii1.. ti {� 1.� �11 L 111 s.1 1 1 111 /047- l J/(11l«��i1i111111�IIItillLS` .� bSfaG(((�- I t IIr111111IU611110ltu .-- IiB111111I1iN"=-- ' 11111111111111111111111U IIIUtVi 2 111111111111III111IUIIIIIII111—C-= U11HU111IIilllr: ?I 11111111111111111111111111111E--7-.= 1111111111111• - uuulatplllluutwuUlII - II ; PlfjlIjyll.ip1jj l IIIIt4IiIiiIialll iiiiiiii1 Itlll1I111IIIII _—_-M--- - Purr.......................................... ; � ^ ^--_-- NINO STATE J POMC LENCO ARMORED. VEHICLES Protecting Oar Nation's De f ennersT"" 10 Betnr Industrial Drive — Pittsfield, MA 01201 PH (413) 443-7359 — FAX (413) 445-7865 Quotation 9719 Quotation Date: 10/01/12 Tax ID #: 04-2719777 YALWA Estimated Completion Date: F.O.B.: Pittsfield, MA TBD Ship Via: PICK UP Yakima Police Department Payment Terms: Lenco Does Not Collect Tax or Register Vehicles with DMV 200 S. 31-d Street Yakima, WA 98901 Inspection & Acceptance: At Lenco Factory, Pittsfield, MA Terms and Conditions: Payment Upon Pick Up -- Transfer of Certificate of Origin Upon Receipt of Payment Item: Net Price Lenco BearCat (4WD, Rotating Hatch; Counter Balanced) Used 2002 $125,000.00 Options: - ___.._.._.- _ -- ._.._....__....__..._....___.. Diesel Engine Included Rear Auxiliary AC/Heating System Included Radio Prep Pkg. Included Run Flat Tires Included Heated Windshield Upgrade .._--._..._..---...-. .1153-00 Total Cost of (1) Lenco BearCat $127,153.00 Total Cost of (1) Refurbished Lenco BearCat, FOB Origin, Pittsfield, MA $127,153.00 ubject to Availability Specifications Subject to Change PROPRIETARY WARNING: Information Subject to Export Control Laws The technical data in this document is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et seq. and which may not be exported, released or disclosed to non -U.S. persons (i.e. persons who are not U.S. citizens or lawful permanent residents ["green card" holders]) inside or outside the United States, without first obtaining an export license. Violations of these export laws are subject to severe civil, criminal and administrative penalties. THE WRITTEN APPROVAL OF THE DIRECTORATE OF US DEFENSE TRADE CONTROLS AND LENCO INDUSTRIES, INC. MUST BE OBTAINED BEFORE RESELLING, TRANSFERRING, TRANSSHIPING, OR DISPOSING OF A DEFENSE ARTICLE TO ANY END USER, END USE OR DESTINATION OTHER THAN AS STATED ON THIS LENCO QUOTE OR THE SHIPPER'S EXPORT DECLARATION IN. CASES WHERE AN EXEMPTION IS CLAIMED UNDER THIS SUBCHAPTER ITAR 123.9(A). WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR 30 DAYS. THEREAFTER, IT IS SUBJECT TO CHANGE WITHOUT NOTICE ACCEPTANCE OF PROPOSAL - The above prices are satisfactory -- are hereby accepted. You are authorized to do the work as specified. Payment will be made as vd above thorized Authorized Signature Signature Please sign and return Thank You LENCO INDUSTRIES INC.