REPORT TO COUNCIL
SUBJECT
Title
Authorize the Issuance of a Purchase Order to Safeware, Inc. in an Amount Not-to Exceed $458,078.96 for one (1) Lenco BearCat Vehicle (F26-317)
Report
STAFF RECOMMENDATION
Recommendation
Authorize the issuance of a Purchase Order in the amount of $458,078.96 (including tires, delivery fees, and applicable sales tax) for one (1) Lenco BearCat Vehicle to Safeware, Inc. of Lanham, MD. Approval is also requested for a 10% contingency in the amount of $45,808. While contingencies are typically not requested for vehicle purchases, historically a nominal amount has been requested for specialty equipment (such as fire apparatus) to make minor required modifications during the manufacturing process.
Report
BASIS FOR RECOMMENDATION
The BearCat armored vehicle is integral to the Department of Public Safety’s (DPS) tactical response capabilities, including active shooter incidents, high-risk warrant service, hazardous materials response, and natural disaster operations. Continued operation of the aging vehicle presents increasing unacceptable risks to officer safety and operational readiness
DPS received budget approval for a new BearCat under Project No. 837500 (Attachment 1 to the report). Staff recommends replacement of the current 2007 BearCat, which has served the City and Santa Clara County for nearly 20 years. The vehicle has reached the end of its service life, with parts becoming increasingly difficult to source and several components now obsolete.
The replacement vehicle will provide enhanced ballistic protection, improved maneuverability, integration of modern technologies, and reliable parts availability, supporting an estimated 15 years of sustainable service. This investment directly supports City strategic priorities SN-3 (Safe and Secure City) and SN-4 (Public Confidence in Police Services), while maintaining the City’s ability to meet regional mutual aid commitments.
The pricing for this purchase is based on Sourcewell Contract No. 080922-SAF (See Attachments 2 & 3 to the report). The City regularly purchases fleet vehicles through cooperative purchasing agreements or through a California Statewide Commodity Contract. Sourcewell is a cooperative procurement organization whose cooperative contracts are available and open to all public and nonprofit entities in the United States and Canada. The City has used Sourcewell cooperative agreements to identify vendors and procure vehicles and equipment, typically securing better pricing and value than would be achieved through individual bidding for these goods and services. The vehicle meets the City’s requirements and is available through the Sourcewell cooperative purchasing contract until October 7, 2027.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The purchase cost of the BearCat is $458,078.96. An additional 10% contingency of $45,808 is requested to cover potential modifications during the estimated 18-month manufacturing lead time. The total not-to-exceed amount is $503,886.96. Budgeted funds for the purchase of a BearCat vehicle are available in Fund 7021 - Fleet Services Fund under Project No. 837500 - BearCat Replacement. A project summary sheet is included as Attachment 1 to this report.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. 837500 Project Summary Sheet
2. Sourcewell - Safeware Contract
3. Quote