April 26, 2023 Dear Chairman Mendelson: VWVW.UNITED-MEDICALCENTER.COM Enclosed for consideration and approval by the Council of the District of Columbia is Contract No. NFPHCNUR-19-C-003 Modifications 7 and 8 between the Not-for-Profit Hospital Corporation and Contemporary Nursing Solutions Inc., Approval and Payment Authorization Emergency Act of 2023, and Contract No. NFPHCNUR-1 9-C-003 Modifications 7 and 8 between the Not-for-Profit Hospital Corporation and Contemporary Nursing Solutions Inc. Approval and Payment Authorization Emergency Declaration Resolution of2023, for the provision for specialty and non-specialty temporary assignment nurses. The Honorable Phil Mendelson Chairman, Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, N.W. Suite 504 Washington, DC 20004 Council action is necessary to approve the December 7,2022, fully exercised Option Year 3 Modification 7 (in the amount of $800,000.00 and a period of October 31, 2022 to October 30,2023) and Proposed Modification 8 (in the amount of $800,000.00 and a period of October 31, 2022 to October 30, 2023) because when combined, the total retroactive contract value of Option Year 3 would be $1,600,000.00 for the 12-month period, October 31, 2022 to October 30, 2023. Continued approval is vital to avoiding a major disruption in these services. The unfortunate retroactivity, which as discussed during recent oversight hearings, is due to constantly increasing nurse agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, and the pending wind down. As always, I am available to discuss any questions you may have regarding this submittal. In order to facilitate a response to any questions you may have, please have your staff contact me at (202) 574-6611.1 look forward to a favorable consideration on this contract. UMC UNITED taoiCM awu Sincerely, Jacqueline Payne-Borden Chief Executive Officer Not-for-Profit Hospital Corporation Enclosures 1310 SOUTHERN AVENUE. SE WASHINGTON. D.C. 20032-4623 • 202-574-6000 .1 A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Contract No. NFPHCNUR-19-C-003 Modifications 727 and 8 between Not-for-Profit Hospital Corporation and Contemporary Nursing Solutions28 Inc., Approval and Payment Authorization Emergency Act of 2023”.29 30 ! approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and31 notwithstanding the requirements of section 202 of the Procurement Practices Reform32 Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02),33 the Council approves Contract No NFPHCNUR-19-C-003 Modifications 7 and 834 between the Not-for-Profit Hospital Corporation and Contemporary Nursing Solutions35 Inc., for the provision for specialty and non-specialty temporary assignment nurses, and36 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Chairman Phil Mendelson on behalf of the Not-for-Profit Hospital Corporation i 1 I I fl i To approve, on an emergency basis, Contract No. NFPHCNUR-19-C-003 Modifications 7 and 8 between the Not-for-Profit Hospital Corporation, commonly known as United Medical Center (“Hospital”) and Contemporary Nursing Solutions Inc., for the provision for specialty and non-specialty temporary assignment nurses, and to authorize payment for the services received and to be received under the Contract. Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, authorizes payment for the services received and to be received'under this Contract and37 payment in the amount of $1,600,000.00.38 Sec. 3. Fiscal impact statement.39 The Council adopts the fiscal impact statement of the Chief Financial Officer as40 the fiscal impact statement required by section 4a of the General Legislative Procedures41 Act of 1975, approved October 16; 2006 (120 Stat. 2038; D.C. Official Code § 1-42 43301.47a). Sec. 4. Effective date.44 45 46 47' Columbia in section 412(a) of the District of Columbia Home Rule Act, approved■48 December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).49 50 2 This act shall take effect following approval by the Mayor (or in the event of veto , 1 by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of (A) Contract Number: NFPHCNUR-19-C-003 Modifications 7 and 8 Contract Amount: ! I Term of Contract: Fixed Fee, with monthly reconciliationType of Contract: Sole Source under 27 DCMR 4618Source Selection Method: 1 II Pursuant to section 202(c-l) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code § 2-352.02(c-l), the following contract summary is provided: o o o Proposed Contractor: Contemporary Nursing Solutions Inc. Modification 7: $800,000.00 (Oct 31, 2022 - Oct 30, 2023) Proposed: Modification 8: $800,000.00 (Oct 31, 2022 - Oct 30, 2023) Total Option Year 3: $1,600,000.00. GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of Contracting and Procurement 1 n Unit and Method of Compensation: Monthly with proper invoices Option Year 3: October 31, 2022 - October 30, 2023 (retroactive) COUNCIL CONTRACT SUMMARY (Retro) - Option Year 2 (October 31, 2021 to October 30, 2022): Modification #3: $500,000.00 Modification #4: $400,000.00 Modification #5: $900,000.00 * Mods 1 -5 Council approved, A24-477 - Option Year 1 (October 31, 2020 to October 30, 2021): o Modification #1: $300,000.00 o Modification #2: $700,000.00 (B) For a contract containing option periods, the contract amount for the base period and for each option period. If the contract amount for one or more of the option periods differs from the amount for the base period, provide an explanation of the reason for the difference: I - Base Period (October 31, 2019 to October 30, 2020): o $850,000.00 (Council approval was not required) As reported for prior years, this Contract was originally sole sourced under 27 DCMR 4618. There were no protests associated with this procurement. 2 (C) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: (F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and performance on past or current government or private sector contracts with requirements similar to those of the proposed contract: Contemporary Nursing Solutions is a full-service healthcare staffing and recruiting firm serving Virginia, D.C., Maryland, and beyond. It was founded in 1997 by a registered nurse, and is operated by healthcare and recruiting professionals. They are nursing agency is experienced and dedicated to getting credential nurses working in the facilities that need them. The Per Diem staffing team specializes in RN placements. Modification #7 (October 31, 2022 - October 30, 2023) was executed on December 7, 2022. Proposed Modifications #8 (October 31, 2022 to October 30, 2023) would be effective upon the date of Council approval, should Council approve the Contract. o o o (D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price, technical or quality, and past performance components: i This Contract is for the provision for specialty and non-specialty temporary assignment nurses, for a period from October 31, 2022 to October 30, 2023 (Option Year 3). (E) A description of any bid protest related to the award of the contract, including whether the protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary corrective action by the District. Include the identity of the protestor, the grounds alleged in the protest, and any deficiencies identified by the District as a result of the protest: (G) The period of performance associated with the proposed change, including date as of which the proposed change is to be made effective: Option Year 3 (October 31, 2022 to October 30. 2023): Modification '#?: $800,000.00 * Council approval not required Proposed Modification #8: $800,000.00 Proposed Total Option Year 3: $1,600,000.00 * Council approval requested * Council approved, A24-717 o Modification #6: $ 1,200,000.00 o Total Option Year 2: $3,000,000.00 The value of work performed for OY 3 Modification #7: $800,000.00 The value of work performed for Proposed OY3 Modification #8: $443,203.82 (J) The date on which the contracting officer was notified of the proposed change: March 1, 2023 (L) The reason for the proposed change: (M) The legal, regulatory, or contractual authority for the proposed change: NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act. 3 The aggregate dollar value of Modification #7 change is $800,000.00. The aggregate value of the of Proposed Modification #8 is $800,000.00 totaling $1,600,000.00. Modifications #7 and #8 are required to allow for the continued provision of nurse staffing services and to avoid a major disruption in nurse staffing at the Hospital. (H) The value of any work or services performed pursuant to a proposed change for which the Council has not provided approval, disaggregated by each proposed change if more than one proposed change has been aggregated for Council review: (I) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded: (K) The reason why the proposed change was sent to Council for approval after it is intended to take effect: As conveyed during recent oversight hearings, UMC faces ongoing nursing specific staffing challenges due to constantly increasing agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, and the pending wind down. These factors directly contribute to the retroactivity of nurse staffing modifications. Despite these difficulties, UMC continues to use its best efforts to build and maintain a panel of nurse staffing agencies that can provide qualified staff to UMC at the most favorable terms. (N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 etseq. (“Act”), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount: As conveyed during recent oversight hearings, UMC remains challenged to staff specialty and non specialty temporary nurses due to constantly increasing agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, and the pending wind (O) Performance standards and the expected outcome of the proposed contract: Expenditure pursuant to Modification #7 to Option Year 3: $664,845.07 Expenditure pursuant to Proposed Modification #8 to Option Year 3: $0 See enclosed fiscal certification from the OCFO. See enclosed legal certification from UMC Counsel. See enclosed Clean Hands Certification. The proposed contractor has certified its compliance. 4 (P) The amount and date of any expenditure of funds by the District pursuant to the contract prior to its submission to the Council for approval: (Q) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02: (R) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District: (T) A certification from the proposed contractor that it is current with its federal taxes, or has worked out and is current with a payment schedule approved by the federal government: The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation Interim CEO and Chief Nursing Officer. The performance standards are as outlined in the proposed Contract and as required by applicable local, federal, industry, and licensing entities. down. Unfortunately, previous attempts to contract with DSLBD’s CBEs did not yield qualified staff and the Hospital’s clinical needs could not wait. Despite these difficulties, UMC remains undetened in its efforts to create and maintain opportunities for small, local, and disadvantaged businesses at UMC across all areas of the hospital and looks forward to continuing to work with DSLBD and the community to improve. (S) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b): The Contractor is not certified as a local, small, or disadvantaged business enterprise. None. 5 r (U) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.: (Y) Where the contract, and any amendments or modifications, if executed, will be made available online: As of March 20, 2023, the Contractor does not appear on the District or Federal Excluded Parties List. The Hospital's website is currently being upgraded and the Hospital intends to post the executed Contract as soon as possible. Until then, the contract remains available onsite. (Z) Where the original solicitation, and any amendments or modifications, will be made available online: (X) Any determination and findings issues relating to the contract’s formation, including any determination and findings made under D.C. Official Code § 2-352.05 (privatization contracts): The Hospital's website is currently being upgraded and the Hospital intends to post the executed Contract as soon as possible. (V) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: All relevant aspects of the proposed Contract are enclosed. / (W) A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment: Notice Number: L0009334580Date of Notice:March 16, 2023 CERTIFICATE OF CLEAN HANDS 1101 4th Street SW, Suite W270, Washington, DC 20024/Phonc: (202) 724-5045/MyTax.DC.gov To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the “Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section. Authorized By Melinda Jenkins Branch Chief, Collection and Enforcement Administration Government of the District of Columbia Office of the Chief Financial Officer Office of Tax and Revenue FEIN: **-***6722 Case ID: 1455331 1101 4th Street, SW Washington, DC 20024 CONTEMPORARY NURSING SOLUTIONS INC 4472 CALLE SERENA SARASOTA FL 34238-5641 As reported in the Clean Hands system, the above referenced individual/entity has no outstanding liability with the District of Columbia Office of Tax and Revenue or the Department of Employment Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore this Certificate of Clean Hands is issued. TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES CHAPTER 28 GENERAL LICENSE SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT v D.C. CODE § 47-2862 (2006) § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT MEMORANDUM Kendrick Dandridge, Contracting OfficerTo: From: Lilian Chukwuma, CFO - Not-for-Profit Hospital Corporation' April 24,2023Date: Re: r* Contract No. NFPHCNUR-19-C-003 Modifications 7 and 8 between Not-for- Profit Hospital Corporation and Contemporary Nursing Solutions Inc. Approval and Payment Authorization Emergency Amendment Act of 2023 The Office of the Chief Financial Officer hereby certifies that the funds are included in the NFPHC FY 2023 and FY 2024 budget. Government of the District of Columbia Office of the Chief Financial Officer ★ ★ ★ The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with-Contemporary Nursing Solutions Inc. for the provision for specialty and non-specialty temporary assignment nurses. Proposed Modification #7 of the Contract exercised Option Year 3 for a total amount of $800,000.00 and Proposed Modification #8 added additional funds of $800,000.00 for a total value of $ 1,600,000.00 for the period from October 31, 2022 to October 30, 2023. DocuSign Envelope ID: 23B8E6C8-8AEA-4F61-8E83-154456EEB9BD 0 MEMORANDUM To: CC: From: Reference: April 24, 2023Date: Legal SufficiencySubject: WWW.UNITED-MEDICALCENTER.COM Jacqueline Payne-Borden Interim Chief Executive Officer Eric Goulet General Counsel I hereby certify that it appears to be legally sufficient. Please be advised that my finding is premised on the Contract being submitted to and approved by the Council of the District of Columbia. Kendrick Dandridge Contracting Officer Contract No. NFPHCNUR-19-C-003 Modifications 7 and 8 between Not- for-Profit Hospital Corporation and Contemporary Nursing Solutions Inc. Approval and Payment Authorization Emergency Amendment Act of 2023 oUMC ^UNITED MEDICAL CENTER I have reviewed the above-referenced Contract No. NFPHCNUR-19-C-003 Modifications 7 and 8 between the Not-for-Profit Hospital Corporation, commonly known as United Medical Center (“Hospital”), and Contemporary Nursing Solutions Inc. for the provision for specialty and non-specialty temporary assignment nurses. 1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 • 202-574-6000 NFPHCNUR-19-C-003 4. Requisition/Purchase Order/Task Ordcr/Modification Number:3a. Effective Date:2. Address (Send invoices here) Modification #7 7. Subject: Other:Change Order8. X Contract Line Item No. (CLIN) Non Specialty (MS, Psych) — Per Diem 0001 All Shifts SI20.00 per hourSpecialty (Tele. ER, ICU) - Per Diem 0002 All Shifts S105 per hourNon Specialty (Tele. MS.) - 8-week Contract 0003 All Shifts $145 per hourSpecialty (. ER. ICU) - 8-week Contract 0004 S800,000.00Not-to-Exceed Amount: Date: Date: 12/7/2022 Signature: CFO 10/25/22Signature: 14. GENERAL COUNSEL - LEGAL SUFFICIENCY 10/26/2022 Date: Legal Sufficiency: Michael Austin. NFPHC Counsel * Date: FOR INTERNAL PURPOSES ONLY : NFPHC Chief Operating Officer NFPHC Budget OfficerOCFO REVIEW APPROVAL: Contemporary Healthcare Solutions 2201 Cantu Court, Suite 205 Sarasota FL 34232 Signature: ___________ Lilian Chukwuma, NFPHC CFO CONTRACT MODIFICATION/ CHANGE ORDER Modification for continued provision for specialty and non-specialty temporary assignment nurses. Term of this modification is from October 31, 2022 to October 30, 2023. Page of Pages 1 through 1 12. Nat to of Contractor: ConTemporary Nursing Solutio is inc. 11. In accordance with the authority contained in Section E.23 of the Contract, the Hospital hereby extends the NTE for Option Year Three. Additionally, UMC agrees to the following rates for 13-weck contract nurses please sec schedule below. Kern Description DocuSign Envelope ID: CEB61B31-FF0A-4DBA-9574-E297BACFE50E NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as United Medical Center, an instrumentality of the District of Columbia government, hereinafter known as the “Hospital”. October 31, 2022 3b. Date of Council Approval: Exercise of Option 9. Modification/Change Order Amount: Not-For-Profit Hospital Corporation United Medical Center - Accounts Payable 1310 Southern Avenue, S.E. Washington, D.C. 20032 5. Department(s) Using Goods or Services: Nursing Department 6. Contractor: name; address; phone number and email address 13. Signature of Contracting Officer: Kendrick Dandridge, Contracting Officer Letter Contract/ Contract Extension 10. Total Contract Amount: $800,000.00 Supplemental _________ Agreement $800,000.00 Unit Price All Shifts $105 COO REVIEW APPROVAL: 'Jl 15. CERTrFlC^TJ^OF FJJNDS This contract appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandates while the Hospital strives to meet: (i) its Establishment Act purposes (D.C Official Code §44-95 1.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen Councilmcmbers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which expressed the desire that the Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support Emergency Act of2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals for private sector takeover of the ownership and management of the United Medical Center. * Maryland barred attorney not licensed to practice law in D.C., work is supervised by a D.C. Bar Member. 10/2 6/2 ( 23 hereby certify funds are sufficiently included in the District's FY 2023 budget and ------------- financial plan to support this Contract. DocuSign Envelope ID: 9E793021-8D09-4B39-B37A-206B115CAOEF Page CONTKACT MODIFICATION/ CHANCE ORDER I of 1 NFPIICNUR-19-C-003 4. Rcqiiisition/Purchase Ordcr/Task Order/Modilication Number: Modification #8 7. Subject; Other:Change Order8. X Unit PriceItem DescriptionContract Line Item No. (CLIN) 0001 All Shifts SI45 per hourSpecialty (. ER..ICU) - X-wcck Contract0004 S800.000.00Not-to-Excccd Amount: D.2 Date: Date:12. Name of Contractor: Signature: Signature: the Contract receiving any and all requisite approvals. In additions, the Hospital continues to Legal Sufficiency: OCPO REVIEW APPROVALS Beatrice Stryker. CFO ------------ f--------------------- NOT-FOR-PROFIT HOSPI TAL CORPORATION, commonly known as United Medical Center, an instrumentality of the District of Columbia government, hereinafter known as the ‘‘HospittiT'. Contemporary Healthcare Solutions 2201 Cantu Court. Suite 205 Sarasota FL 34232 Supplemental Agreement 13. Signature of Contracting Officer: Kendrick Dandridge. Contracting Officer l hereby certify funds are sufjleioiily included in the District's FY 2023 budget and linanclal plan to support this Contract. 3/21/2023 : NFPHC Budget Ofticcr Modification/Cliange Order to add funding for the provision for specialty and non-specialty temporary assignment nurses. Term of this modification/changc order is from the effective date to October 30. 2023. 3^23 FOR INTERNAL PURPOSE? ONLY Non Soeciallv (MS, Psych) - Per Diem Specialty (Tele. ER, 1CU)- Per Diem ~ Non Specialty (Tele. MS.) - 8-week Contract 3a. EITcclive Date: See Box 11C 3b. Date of Council Approval: N/A All Shifts SI05 Ail Shifts $120.00 per hour All Shifts $105 per hour 2. Address (Send invoices here) Not-For-Profit Hospital Corporation United Medical Center - Accounts Payable 1310 Southern Avenue, S.E. Washington, D.C. 20032 5. Depanincnt(s) Using Goods or Sendees: Nursing Department 6. Contractor: name; address; phone number and email address Exercise of Option 9. Modification/Change Order Amount: $800,000.00 Letter Contract/ Contract Extension 1(1. Total Contract Amount: $1,600,000.00 0002 0003 3/21/2023 Date: The Contracting Officer’s Technical Representative (COTR) for this Contract Is: Herlinda Brown. Staffing Resource Specialist Phone: 202-574-6000 Email: hbrown(a)unitcd-medical.com J? COO REVIEW APPROVAL: NFPHC Chief Executive Officer 14. GENERAL COUNSEL-LEGAL SUITICIENCY ............................................................. This contract appears legally sufficient. Please he advised that my finding is premised on t.„---------------- . ... work with other District agencies to determine the most effective manner fur all involved to achieve their respective leguhme mandates while the Ihspiml stoves to meet: o) tu Estoblislimcnt Act purposes (D.C Official Code 544-95 1.02(b)): (it> the Hospital Board of Director approved Strategic Plan (all thincen Counciliucinbcre inuvduccd the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-7? I)), which expressed the desire that the Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support Emergency Act of 2014 (1320-849). which required the Hospital move forwvA wpvlidanDf) 'ic.’X. 'J5AC and soliciting proposals for private sector takeover of the ownership and management of the United Medical fae; 3/20/2023 Yonira van den Broeck Nieves. NFPHC Associate General Counsel 15. €ER !TH:lC^.TR>WgFUN9^ Signature: Lilian Chukwuma. NFPHC CFO II. In accordance with the authority contained In Section E.23 of the Contract, the Hospital hereby increases the NTE for Option Year Two. Additionally. UMC agrees to (he following rates for 13-week contract nurses please see schedule below: