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A resolution approving amendments four, five, and six to a grant from the U.S. Department of Health and Human Services to the Metropolitan Government, acting by and through the Metropolitan Board of Health, to provide for the prevention, surveillance, diagnosis, and treatment of HIV/AIDS and to administer a Minority AIDS Initiative program.
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WHEREAS, the Metropolitan Government, acting by and through the Metropolitan Board of Health, previously entered into a grant agreement with the U.S. Department of Health and Human Services to provide for the prevention, surveillance, diagnosis, and treatment of HIV/AIDS and to administer a Minority AIDS Initiative program approved by RS2025-1084, RS2025-1361 (Amendment 1), and RS2025-1635 (Amendments 2 & 3); and,
WHEREAS, the parties wish to amend the grant agreement as follows: amendment four updates various grant specific terms, amendment five de-obligates $71,832 from the grant award of $4,783,052.00 for new total of $4,711,220, amendment six de-obligates $0.96 from $4,711,220 for a new total of $4,711,219.04, and document number 25H89HA11433 has expired and is closed in the Payment Management System, copies of which amendments four, five, and six are attached hereto; and,
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that amendments four, five, and six be approved.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That amendments four, five, and six to the grant by and between the U.S. Department of Health and Human Services and the Metropolitan Government, acting by and through the Metropolitan Board of Health, to provide for the prevention, surveillance, diagnosis, and treatment of HIV/AIDS and to administer a Minority AIDS Initiative program, copies of which amendments four, five, and six are attached hereto and incorporated herein, are hereby approved, and the Metropolitan Mayor is authorized to execute the same.
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 would approve the fourth, fifth, and sixth amendments to a grant from the U.S. Department of Health and Human Services (“HHS”) to the Metropolitan Board of Health to provide for the prevention, surveillance, diagnosis, and treatment of HIV/AIDS and to administer a minority AIDS initiative program. The funding is meant to provide “payer of last resort” resources.
The grant was first approved by the Metropolitan Council through Resolution No. RS2025-1084. The first grant contract amendment, as approved by Resolution No. RS2025-1361, would increase the grant amount by $1,261,658 from $857,721 to $2,119,379. The second amendment to this grant agreement re-obligated carryover funding of $339,412 for a new grant amount of $2,458,791 to the current grant year and updates various terms. The third amendment increased funding by $2,324,261 for a new total of $4,783,052 and updates various terms. The second and third amendments were approved through Resolution No. RS2025-1635.
The proposed fourth amendment updates the terms and conditions of the grant including language that purports to require compliance with a federal executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” HHS has been enjoined from enforcing this provision against the Metropolitan Government through King County v. Turner, a federal court case which is now extended to the Metropolitan Government. HHS cannot impose, enforce, or require compliance with these conditions. In a letter sent by the Department of Law, “the Metropolitan Government withholds consent and objects to the inclusion of any terms or conditions pursuant to the Preliminary Injunction.” Further, the Department of Law stated that acceptance of these funds, submission of invoices, or draw down of these funds “in no way reflect acceptance of [these] conditions.”
The proposed fifth amendment de-obligates $71,832 from this contract for a new total award of $4,783.052. According to the grant terms and conditions, these funds are re-allocated as carryover funding on Resolution No. RS2026-2278.
The proposed sixth amendment de-obligates an additional $0.96 and closes out the grant, which expired on February 28, 2026.