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A resolution approving amendment five 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 RS2024-276 and later amended by RS2024-620 (amendment one), RS2024-782 (amendments two and three), and RS2025-970 (amendment four); and,
WHEREAS, amendment five de-obligates funding of $339,412.00 from $5,306,240.00 for a new grant total of $4,966,828.00 from the current grant year and updates various terms and conditions, a copy of which amendment 5 is attached hereto; and,
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that amendment five be approved.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That amendment five 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, a copy of which amendment five is attached hereto and incorporated herein, is 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 approves the fifth amendment to a grant from the U.S. Department of Health and Human Services (“HHS”) to the Metropolitan Board of Health, previously approved by Resolution No. RS2024-276 and amended by Resolutions No. RS2024-620, RS2024-782, and RS2025-970. The grant is used to provide for the prevention, surveillance, diagnosis, and treatment of HIV/AIDS and to administer a Minority AIDS Initiative program.
The proposed amendment de-obligates $339,412 in funding from the grant, decreasing the grant amount from $5,306.240 to $4,966,828. According to the terms of the grant, the funds that have been de-obligated will be later re-obligated for the purpose of carryover for a similar award for Fiscal Year 2025.
The proposed amendment will also update the terms and conditions to reflect a change in applicable regulations governing grant contracts with HHS. The applicable regulations for grant termination and audit and cost principles have been updated.
Additional language in the updated terms and conditions 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. 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.”