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A resolution approving the execution of an Amendment to the Agreement between the Metropolitan Government of Nashville and Davidson County and the Cumberland River Compact, amending their original grant contract and extending its term.
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WHEREAS, the tree canopy in the Metropolitan Nashville area has experienced significant declines as the result of multiple factors, including commercial and residential development on private property; and
WHEREAS, Metropolitan Code of Laws section 5.11.010, et seq., provides for the allocation of up to $2.5 million dollars per year to qualified private operational partners for the restoration and maintenance of Metro’s tree canopy; and
WHEREAS, the Metropolitan Government and the Cumberland River Compact (collectively, the “Parties”) previously entered a contract on July 1, 2022 (“the Contract”) for the provision of tree canopy restoration and maintenance. The beginning date of the contract was July 1, 2022, and the termination date as originally executed is June 30, 2025; and
WHEREAS, the Contract was approved by Metro Council by Resolution No. RS2022-1599 in accordance with Section 5.04.070 of the Metropolitan Code of Laws and Tennessee Code Annotated Section 7-3-314. Section D.2 of the Contract provided: “This Grant Contract may be modified only by a written amendment that has been approved in accordance with all Metro procedures and by appropriate legislation of the Metropolitan Council”; and
WHEREAS, pursuant to the terms of the Contract and Section 5.11.050(C) of the Metropolitan Code of Laws, the Cumberland River Compact approved subgrants to other nonprofits, including Trevecca, Progress, Inc., the Nashville Tree Conservation Corps, Green Interchange, the Nashville Tree Foundation, the Native American Indian Association, and the Historic Germantown Neighborhood Association; and
WHEREAS, the services rendered by the Cumberland River Compact pursuant to the Contract were not previously provided by a department of the Metropolitan Government; and because the services provided pursuant to the Contract apply to private properties within Davidson County, such services cannot be provided by a department of the Metropolitan Government; and
WHEREAS, in providing restoration and maintenance services for Metro’s tree canopy, the Cumberland River Compact dedicated three (3) full time equivalent year round positions and ten (10) full time equivalent seasonal positions; and
WHEREAS, the Parties now wish to amend the Contract and to extend the term thereof by entering into an Amendment to the Agreement between the Metropolitan Government and the Cumberland River Compact (“the Amendment”) with a revised termination date of June 30, 2030; and
WHEREAS, it is in the best interests of the Metropolitan Government to extend the Contract because the tree canopy within the Metropolitan Nashville area continues to endure significant challenges requiring dedicated maintenance and restoration efforts; the Cumberland River Compact has provided exceptional services during the initial term of the Contract; and no Metropolitan Government department can provide the services otherwise rendered by the Cumberland River Compact.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Amendment to the Agreement between the Metropolitan Government of Nashville and Davidson County and the Cumberland River Compact, attached hereto, is hereby approved and execution thereof by the Mayor of the Metropolitan Government is hereby authorized.
Section 2. That this resolution shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution approves an amendment to an agreement between the Metropolitan Government and the Cumberland River Compact regarding tree canopy restoration and maintenance, previously approved by Resolution No. RS2022-1599.
Chapter 5.11 of the Metropolitan Code of Laws establishes a mechanism for providing funds to restore and maintain the tree canopy in Nashville and Davidson County by allocating from the general fund equivalent to one percent of the annual revenues for building permits, the annual revenues for grading permits, and the five-year average of net proceeds of general obligation bonds issues to fund construction projects. This section provides for an annual funding cap of $2,500,000 per fiscal year. This tree canopy program is set to expire on March 1, 2026, as provided by RS2023-2063.
RS2022-1599 appropriated up to $2,500,000 annually through a contract between the Metropolitan Department of Water and Sewerage Services and the Cumberland River Compact to provide tree canopy restoration and maintenance.
The proposed amendment would amend the term of the grant contract to begin on July 1, 2025, and end on June 30, 2030. However, funding beyond March 1, 2026, is contingent upon to extension of the tree canopy program set forth in Chapter 5.11 of the Metropolitan Code. The proposed amendment would also allow funds to be expended for services provided to residents of Davidson County and properties located within Davidson County.
Fiscal Note: Metro will pay up to $2,500,000 annually to Cumberland River Compact to provide tree canopy restoration and maintenance until June 30, 20230 under this grant agreement.