§ 2.210.030. Approval of economic and community development incentive grant agreements and PILOT agreements.

A.

This section applies to two types of financial incentives provided through the board: (1) economic and community incentive grants authorized by Section 2.210.020 and (2) payment-in-lieu-of-taxes (PILOT) incentives, authorized by Tenn. Code Ann. § 7-53-305. Any such grant or PILOT incentive must be memorialized by a written agreement. The proposed grant or PILOT incentive and the related agreement shall be submitted to the metropolitan county council for approval by resolution. Any such resolution must receive the affirmative votes of at least twenty-one members of the metropolitan county council in order for it to be approved. All such grant agreements authorized under Section 2.210.020 that are to be funded by the metropolitan government shall provide that the metropolitan government's financial obligations thereunder are subject to the annual appropriation of funds by the metropolitan council.

B.

To enable the metropolitan council's assessment of qualified projects, and to determine whether the public interest is served by the incentive under consideration, and to promote a transparent process, the mayor's office of economic and community development (ECD) shall solicit from qualified companies seeking a grant or PILOT incentive for a project, a project proposal that addresses each of the following:

1.

The type and number of jobs that will be created — both during and after construction, if any — by the qualified company on the project, including whether those jobs will be temporary or permanent, and the number of identified jobs that will be filled by Davidson County residents;

2.

Establishment of a workforce plan disclosing: (a) whether the qualified project will involve use of temporary or staffing agencies, the Nashville Career Advancement Center, or other third parties for identifying, recruiting or referring job applicants; (b) whether the individuals hired for the jobs identified will be employed by the company or by subcontractors or other third parties; and (c) the wages and benefits offered for the identified jobs, and a comparison of those wages to the average wage levels in Davidson County for comparable positions;

3.

Whether the qualified project will involve the use of apprentices from programs certified by the U.S. Department of Labor; and

4.

The number and type, within the preceding seven years, of (a) violations assessed by the U.S. Department of Labor — Occupational Safety and Health Administration and/or by the Tennessee Occupational Safety and Health Administration against the qualified company, or any contractor or subcontractor of the company retained on the qualified project; or (b) employment or wage-related legal actions filed within federal or state courts against the qualified company, or any contractor or subcontractor of the company retained on the qualified project.

The ECD shall present this project proposal to the metropolitan council prior to the council's vote on the incentive and related agreement. The qualified company's project proposal shall be incorporated into the agreement upon approval by the metropolitan council. The ECD shall further present the information required under this section B in any report required to be submitted to the metropolitan council under its workforce development program developed under Chapter 2.211.

C.

To enable the continued assessment of qualified projects, and to confirm that the public interest is being served by the award of the incentive, each qualified company receiving a grant or payment in lieu of taxes shall submit to the ECD quarterly reports demonstrating compliance with the agreement. With respect to grants awarded under Section 2.210.020, the ECD shall submit an annual report to the metropolitan council relaying compliance data, consistent with Section 2.190.010 of the Metropolitan Code. In the event such report shows that the qualified company failed to comply with its incentive agreement, the metropolitan council may, in its discretion upon the affirmative votes of at least twenty-one members, suspend the incentive prospectively or terminate the incentive agreement prospectively.

(Amdt. 1 to Ord. BL2017-983 § 1, 2017; Ord. BL2017-983 § 1, 2017; Ord. 99-1680 § 1 (part), 1999)