RESOLUTION NO. RS2012-506

A resolution amending ordinance No. BL2010-796, by adoption of the First Amendment to the Agreement approved by and made exhibit to that ordinance, by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, and CCBCC Operations, LLC, for the purpose of extending and renewing the term of a program to promote recycling and environmental awareness (the Recycle and Win! Program).

WHEREAS, Ordinance No. BL2010-796 (the Ordinance) approved an agreement pursuant to which CCBCC Operations, LLC, (“CCBCC”) offered to promote recycling and environmental awareness within the area of the Metropolitan Government, through the development, implementation, and administration of a program known as “Recycle and Win!” (the “Program”), which was more fully described in Exhibit A to the Ordinance (the “Agreement”); and,

WHEREAS, the term of the Program approved by the Ordinance (from December 30, 2010 through December 31, 2011, or six months from the date of the kick-off event, whichever occurred sooner) has since expired; and,

WHEREAS, CCBCC offers to promote a similar program again this year, and offers to amend the Agreement by supplementing it with a renewal/extension period to encompass the new term of the current proposed promotion, as contemplated in the First Amendment to the Agreement, a copy of which is attached hereto as Exhibit A (the “Amendment”); and,

WHEREAS, the Metropolitan Government of Nashville and Davidson County, Department of Public Works, has, as one of its primary missions, the responsibility for responsible waste management within the Metropolitan Government’s limits and desires to promote such mission through its participation in the extended term of the Program as contemplated in the Amendment; and,

WHEREAS, neither the Amendment nor the Agreement requires any matching funds for the development, implementation, and administration of the Recycle and Win Program or the extension and renewal of the Program; and,

WHEREAS, in consideration of the Amendment, CCBCC agrees to rent to the Metropolitan Government a vehicle to be driven by designated employees of the Department of Public Works to conduct Metropolitan Government business associated with the Program; and,

WHEREAS, the Metropolitan Government would be responsible for any damage in excess of ordinary wear and tear to the vehicle while in its possession; and,

WHEREAS, the vehicle would be decorated similarly to the depiction attached as Exhibit B to the Agreement; and,

WHEREAS, the Ordinance provided that any amendments to that legislation could be approved by resolution; and,

WHEREAS, it is to benefit the citizens of The Metropolitan Government of Nashville and Davidson County that Ordinance No. BL2010-796 be amended by adoption of the Amendment amending the Agreement approved by and made exhibit to that ordinance.

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

Section 1. That Ordinance No. BL2010-796 and the Agreement approved by and made exhibit to it are hereby amended by adoption of the First Amendment to the Agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, and CCBCC Operations, LLC, for the purpose of extending and renewing the term of a program to promote recycling and environmental awareness (the Recycle and Win! Program), a copy of which amendment is attached hereto and incorporated herein as Exhibit A, and that that amendment is hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. That any further amendments to the Agreement may be processed by resolution.

Section 3. That this resolution and the Amendment attached hereto shall be retroactively effective as of December 2, 2012, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jason Potts, Lonnell Matthews, Ronnie Steine

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	December 4, 2012
Adopted:	December 4, 2012
Approved:	December 5, 2012
By: