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An ordinance approving Amendment 3 to Contract #455783 for the provision of body camera equipment between Motorola Solutions Inc., and the Metropolitan Government of Nashville and Davidson County.
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WHEREAS, the Metropolitan Government entered into Contract #455783 with WatchGuard, Inc., on August 29, 2019, for the purpose of providing body camera equipment to the Metropolitan Nashville Police Department; and
WHEREAS, Amendment 2 (BL2020-554) to the contract extended the term of the agreement for sixty months from the date the amendment was filed in the office of the Metropolitan Clerk, bringing the contract term to a total of seventy-two (72) months and making the current termination date of the contract May 1, 2027; and
WHEREAS, Amendment 2 also authorized the Equipment Lease-Purchase Agreement #24876 to be entered into and classified as Exhibit H to the Contract, and to be entered into with Motorola Solutions, Inc., which owns WatchGuard Inc.; and,
WHEREAS, Amendment 3 to this contract extends the term of the agreement to a term of one-hundred- and twenty-months (120), making the new termination date of the contract August 28, 2029; and
WHEREAS, Amendment 3 to this contract adds $8,000,000.00 in value to for a revised estimated value of $27,000,000.00; and
WHEREAS, Amendment 3 inserts required language to clause 8.28 related to the Boycott of Isreal; and
WHEREAS, Amendment 3 removes and replaces Exhibit A - Pricing, to reflect updated pricing; and
WHEREAS, Amendment 3 removes previous Exhibit G - Three Party Escrow Service Agreement, and replaces it with Exhibit G - Additional Terms and Conditions, to reflect updated software language, and amends clause 1.1. Heading to update the name of Exhibit G accordingly; and
WHEREAS, Section 4.12.160 of the Metropolitan Code limits the term of contracts for supplies to sixty (60) months, unless otherwise authorized by the Metropolitan Council; and
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that this Amendment 3 be approved.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Amendment 3 to Contract #455783 between Motorola Solutions, Inc., and the Metropolitan Government of Nashville and Davidson County, which extends the term of the contract, increases the value of the contract, and removes and replaces language and various exhibits to reflect updated terms, a copy of which is attached hereto and incorporated herein, is hereby approved.
Section 2. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it,
Agenda Analysis
Analysis
This ordinance approves the third amendment to a contract between Motorola Solutions, Inc. and the Metropolitan Government to provide body camera and in-car camera systems for the Metropolitan Nashville Police Department. The first amendment to the agreement modified escrows. The second amendment, as approved by Ordinance No. BL2020-554, extended the agreement for 60 months and approves an equipment lease-purchase agreement. The current agreement is set to expire on January 5, 2026.
The proposed amendment would extend the contract to August 28, 2029, the maximum allowable term of 10 years. The amendment also adds $8,000,000 in value to the contract for a revised estimated value of $27,000,000. The proposal removes the three-party escrow service agreement and adds a master customer agreement between the parties. The master customer agreement details addendums relative to Motorola’s sale of hardware, licensed software, subscription software, and mobile video system to the Metropolitan Government. The master customer agreement states that data created through the use of the cameras and equipment would be the property of the Metropolitan Government, although Motorola Solutions would retain a license to use this data to perform services and provide products under the agreement, analyze the data to operate, manage, maintain, create, and improve products and services. To the extent permitted by state law, the parties must keep non-public information that is disclosed under this agreement confidential, though that information may be disclosed as required by Tennessee or other applicable law.
The amendment also updates the pricing exhibit and adds language required by Tenn. Code Ann. § 12-4-119 prohibiting the contractor from engaging in a boycott of Israel for the duration of the contract.
Metropolitan Code of Laws Section 4.12.160(B) requires Council approval of contracts for supplies or services “with terms exceeding a period of sixty months, either initially or by virtue of amendments, renewals or extensions thereof.”
Fiscal Note: This amendment increases the estimated value of contract number 455783 with Motorola Solutions, Inc., for the body worn and in-car camera systems, by $8,000,000 for a revised contract amount of $27,000,000 to be paid from Fund Number 30003, Business Unit Number 31201000. However, actual expenses may be paid from various departmental funds and business units when purchase orders are issued.