RESOLUTION NO. RS2008-464

WHEREAS, the Metropolitan Government spent $917,820.00 on computer products and services from Affiliated Computer Services, Inc. d/b/a ACS Government Systems, Inc. (“ACS”) pursuant to a contract dated July 20, 2004 which did not meet the expectations and needs of the Metropolitan Government; and,

WHEREAS, the Metropolitan Government brought suit against ACS for breach of contract and other claims; and,

WHEREAS, ACS asserted a counterclaim against the Metropolitan Government for breach of contract; and,

WHEREAS, after investigation, the Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government, and recommends that this lawsuit be compromised and settled.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1: The Metropolitan Department of Law is authorized to compromise and settle the Metropolitan Government’s claim against ACS and ACS’s counterclaim against the Metropolitan Government, currently pending in the United States District Court for the Middle District of Tennessee, No. 3:07-0080, for $ 1,100,000 paid to the Metropolitan Government and this amount shall be deposited into the appropriate fund and account as determined by the Department of Finance.

Section 2: This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Forkum

LEGISLATIVE HISTORY
Referred:	Budget & Finance Committee
Introduced:	September 16, 2008
Adopted:	September 16, 2008
Approved:	September 19, 2008
By: