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A resolution authorizing the Waste Services Department to utilize surveillance technology for fleet vehicles available under a cooperative master agreement with Routeware, Inc.
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WHEREAS, Tennessee Code Annotated § 12-3-1205(b) allows the Metropolitan Government of Nashville and Davidson County (“Metro”) to participate in a cooperative purchasing agreement for the procurement of any goods, supplies, services, or equipment with one or more governmental entities outside this state; and,
WHEREAS, Tennessee Code Annotated § 12-3-1205(b) allows Metro to participate in an out-of-state master agreement by adopting a resolution accepting the terms of the master agreement; and,
WHEREAS, the Purchasing Agent desires to participate in the master agreement between Houston-Galveston Area Council, a state of Texas governmental agency, and Routeware, Inc., a copy of which is attached hereto and incorporated herein; and,
WHEREAS, Metro’s participation in this out-of-state master agreement is limited to a term that will not exceed sixty months; and,
WHEREAS, Metropolitan Code of Laws section 13.08.080(A)(2) defines surveillance technology as any electronic surveillance device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, or similar information or communications specifically associated with, or capable of being associated with, any specific individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software; and,
WHEREAS, pursuant to Metropolitan Code of Laws section 13.08.080(C)(2), entering into an agreement with a private entity to acquire, share, or otherwise use surveillance technology or the information it provides, if such agreement includes the exchange of any monetary or any other form of consideration from any source, requires prior metropolitan council approval by a resolution adopted after a public hearing; and,
WHEREAS, the route management software offered by the cooperative master agreement with Routeware, Inc., involves cameras which capture footage of the street to ensure waste receptacles are emptied, meets the definition of “surveillance technology” under Metropolitan Code of Laws section 13.08.080(A)(2), and this technology requires a public hearing; and
WHEREAS, this master agreement was requested by the Waste Services Department but is available to all Metro departments to utilize; and,
WHEREAS, authorization to use this technology from the cooperative purchasing master agreement with Routeware, Inc., is in the best interest of the citizens of Metropolitan Government of Nashville and Davidson County.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Metropolitan Government of Nashville and Davidson County is authorized to acquire and use surveillance technology from the cooperative purchasing master agreement with Routeware, Inc., a copy of which is attached hereto and incorporated herein, is hereby approved.
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 accepts the terms of a cooperative purchasing master agreement with Routeware, Inc. for surveillance technology for fleet vehicles for the Nashville Department of Waste Services (“Waste Services”).
The original agreement is between the Houston-Galveston Area Council, which is a governmental entity in the state of Texas, and Routeware, Inc. The anticipated project value is $4,000,000. The agreement would expire on April 30, 2029.
According to the Cooperative Request Review form, this pricing in the cooperative purchase agreement was leveraged from a competitive RFP with eight offers. Further, Waste Services already has Routeware hardware installed on the vehicles. It is unlikely that the Metropolitan Government (“Metro”) would obtain a better value through a competitive solicitation. The master agreement was requested by Waste Services but is available to all Metro departments to utilize.
T.C.A. § 12-3-1205(b) authorizes local governments to participate in cooperative purchasing agreements with governmental entities outside of the state as long as the goods or services were competitively procured by the other governmental entity. T.C.A. § 12-3-1205(b) further provides that local governments may participate in a master agreement by adopting a resolution accepting the terms of the master agreement.
Section 13.08.080 of the Metropolitan Code of Laws regulates Metro’s use of surveillance technology. Prior to entering into an agreement with a private entity to use surveillance technology or the information it provides, such agreement must be approved by a resolution of Council adopted after a public hearing.
The technology offered by the cooperative purchasing master agreement with Routeware, Inc. involves cameras which capture footage of the street to ensure waste receptacles are emptied, which meets the definition of surveillance technology in Metropolitan Code of Laws section 13.08.080.
Fiscal Note: According to the Cooperative Request Review form from the Division of Purchases, the anticipated project value is $4,000,000. The anticipated savings to Metro through utilizing this cooperative purchasing agreement is $355,071.