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A resolution approving Amendment Number 1 to a sole source contract between the Metropolitan Government of Nashville and Davidson County and US eDirect, Inc., to amend Exhibit A, pricing, among other things.
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WHEREAS, Section 4.12.060 of the Metropolitan Code of Laws authorizes the Metropolitan Purchasing Agent to enter into sole source contracts when the Purchasing Agent determines in writing according to standards adopted by the Procurement Standards Board that there is only one source for the supply or services required; and,
WHEREAS, Section 4.12.060(C) of the Metropolitan Code of Laws requires Council approval by resolution of sole source contracts “with a total contract amount in excess of two hundred fifty thousand dollars ($250,000.00)”; and,
WHEREAS, The Metropolitan Government of Nashville and Davidson County (“Metro”) previously entered into Contract 6492338 with US eDirect, Inc. on January 24, 2022, approved by RS2022-1331, for the provision of maintenance and future programming for the Department of Parks and Recreation’s point-of-sale system; and,
WHEREAS, the parties desire to amend Exhibit A of Contract 6492338 to reflect the omission of Golf Dynamics, Section 1.1 to add Exhibit D, Lightspeed License Agreement, and Section 8.18 to insert Boycott of Israel cluse, a copy of which amendment is attached hereto and incorporated herein; and,
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that the amendment to the contract be approved.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Amendment Number 1 to contract 6492338 between The Metropolitan Government of Nashville and Davidson County and US eDirect, Inc., a copy of which is attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.
Section 2. That this Resolution 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 resolution approves the first amendment to a sole source contract between the Metropolitan Government and US eDirect, Inc., previously approved by Resolution No. RS2022-1331. The contract is used to provide a Point of Sale System, including any maintenance and upgrades, for the Department of Parks and Recreation.
Sole source contracts may be awarded under the Metro procurement code when it is determined that there is only one source for the supplies or services rendered. Section 4.12.060 of the Metro Code requires all sole source contracts having a total value in excess of $250,000 to be approved by the Council by resolution. The agreement, as originally approved, is valued at $345,000 over a 60-month period. The amendment does not change the contract value or term.
The amendment under consideration updates Exhibit A, the pricing attachment, to reflect the removal of Golf Dynamics. In addition, a new Exhibit D, Lightspeed License Agreement, would be added to the contract. The amendment also 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.
Fiscal Note: This amendment will not change the contract total value of $345,000.