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Council authorizes staff to negotiate with HUSL Recovery and MTSU to resolve van procurement issues

Tennessee Opioid Abatement Council · January 24, 2025
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Summary

After identifying procurement and lien issues that prevent MTSU from purchasing vans in two grants, the OAC authorized staff to negotiate directly with HUSL Recovery (and include MTSU) so HUSL can provide vehicle services; the motion passed by roll call.

The Tennessee Opioid Abatement Council on Jan. 23 authorized OAC staff to negotiate directly with HUSL Recovery and to include Middle Tennessee State University as needed to resolve contracting barriers tied to the purchase and title of grant vehicles (vans).

Sean Smith summarized two grant packages: approximately $5 million over three years to expand respite housing capacity (including six vans) and approximately $3 million over three years for residential aftercare (including four vans). Staff reported MTSU’s procurement and legal staff concluded MTSU could not hold liens on the vans, creating a barrier to the originally approved contracting structure with MTSU serving as the primary recipient and HUSL Recovery as subrecipient.

Legal counsel JP Irvin and OAC legal counsel Sam Beukele said that absent direct privity of contract the council could not secure liens or ensure enforceability against a subrecipient. To protect the council’s interests and accountability, the staff proposed negotiating directly with HUSL Recovery for the vans while preserving MTSU’s role for research, project management, or other services; any contract language affecting liens would be reviewed by the Tennessee Comptroller and the Attorney General’s Office.

Dr. Clay Jackson moved—seconded by Stephanie Vanderpool—that staff be authorized to negotiate directly with HUSL Recovery (and with MTSU as appropriate), with the expectation that HUSL would return a proposal to the council for review and approval. A roll‑call vote passed the motion (11 yes, 3 no, 1 abstain per on‑panel tally). Staff said they will involve the Tenn. Comptroller and Attorney General’s Office in reviewing proposed contract language and return to the council with an actionable contract for approval.

Votes at a glance: motion moved by Dr. Clay Jackson and seconded by Dr. Stephanie Vanderpool; recorded tally 11 yes, 3 no, 1 abstain (staff observed procedural recusal/conflict notes in roll call).