District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0271 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	■ ■ -;.y
2	2	•k
3	3	April 26, 2023
4	4	Dear Chairman Mendelson:
5	5	Sincerely,
6	6	WWW.UNITED-MEDICALCENTER.COM
7	7	Council action is necessary to approve the December 13, 2022, partially exercised Option
8	8	Year 2 Modification #10 (in the amount of $925,000.00 and a period ofDecember 9,2022
9	9	through February 7,2023) and Proposed Modification #11 (in the amount of $2,500,000.00
10	10	and a period of February 8, 2023 through December 8, 2023) because when combined, the
11	11	total retroactive contract value of Option Year 2 would be $3,425,000.00 for the period
12	12	December 10,2022 to December 9,2023. Continued approval is vital to avoiding a major
13	13	disruption in these services despite the unfortunate retroactivity, which as discussed during
14	14	recent oversight hearings, is due to constantly increasing nurse agency costs, extended time
15	15	needed to negotiate financial terms, nationwide industry shortages, and the pending wind
16	16	down.
17	17	As always, I am available to discuss any questions you may have regarding this submittal.
18	18	In order to facilitate a response to any questions you may have, please have your staff
19	19	contact me at (202) 574-6611.1 look forward to a favorable consideration on this contract.
20	20	The Honorable Phil Mendelson
21	21	Chairman, Council of the District of Columbia
22	22	John A. Wilson Building
23	23	1350 Pennsylvania Avenue, N.W.
24	24	Suite 504
25	25	Washington, DC 20004
26	26	Enclosed for consideration and approval by the Council of the District of Columbia is
27	27	Contract No. NFPHC-MS-22-C-00043 Modifications 10 and 11 between the Not-for-Profit
28	28	Hospital Corporation and Maxim Healthcare Staffing Services, Inc. Approval and Payment
29	29	Authorization Emergency Act of 2023, and Contract No. NFPHC-MS-22-C- 00043
30	30	Modifications 10 and 11 between the Not-for-Profit Hospital Corporation and Maxim
31	31	Healthcare Staffing Services, Inc. Approval and Payment Authorization
32	32	Emergency Declaration Resolution of 2023, for the provision of nurse staffing services
33	33	pertaining to emergency department, intensive care unit, and telemetry services
34	34	(“Contract”).
35	35	■Jacqueline Payne-Borden '
36	36	Chief Executive Officer
37	37	Not-for-Profit Hospital Corporation
38	38	Enclosures
39	39	1310 SOUTHERN AVENUE, SE WASHINGTON. D.C. 20032-4623 • 202-574-6000 A
40	40	BILL
41	41	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
42	42	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
43	43	That this act may be cited as the “Conttact No. NFPHC-MS-22-C-00043 Modifications27
44	44	10 & 11 between Not-fdr-Profit Hospital Corporation and Maxim Healthcare Staffing28
45	45	Services, Inc. Approval and Payment Authorization Emergency Act of 2023”.29
46	46	30
47	47	31
48	48	32
49	49	33
50	50	the Council approves Contract No NFPHC-MS-22-C-00043 Modifications 10 & 1134
51	51	between the Not-for-Profit Hospital Corporation and Maxim Healthcare Staffing35
52	52	Services, Inc. for the provision of nurse staffing services pertaining to the emergency36
53	53	approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and
54	54	notwithstanding the requirements of section 202 of the Procurement Practices Reform
55	55	Act
56	56	of 2010, effective April 8, 2011 (D.C. Law 18-37i; D.C. Official Code § 2-352.02),
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83	83	To approve, on an emergency basis, Contract No. NFPHC-MS-22-C-00043
84	84	Modifications 10 & 11 between the Not-for-Profit Hospital Corporation,
85	85	commonly known as United Medical Center (“Hospital”) and Maxim Healthcare
86	86	Staffing Services, Inc. for the provision of nurse staffing services pertaining to the
87	87	emergency department, intensive care unit, and telemetry services, and to
88	88	authorize payment for the services received and to be received under the Contract.
89	89	Chairman Phil Mendelson
90	90	on behalf of the Not-for-Profit
91	91	Hospital Corporation
92	92	Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, department, intensive care unit, and telemetry services, and autliorizes payment for the37*
93	93	services received and to be received under this Contract and payment in the amount of38
94	94	$3,425,000.00.39
95	95	Sec. 3. Fiscal impact statement.40
96	96	41
97	97	42
98	98	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-43
99	99	301.47a).44
100	100	Sec. 4. Effective date.45
101	101	This act shall take effect following approval by the Mayor (or in the event of veto46
102	102	47
103	103	48
104	104	Columbia in section 412(a) of the District of Columbia Home Rule Act, approved49
105	105	December 24, 1973 (87 Stat. 788; D.C. Official Code § l-204.12(a)).50
106	106	51
107	107	2
108	108	by the Mayor, action by the Council to override the veto), and shall remain in effect for
109	109	no longer than 90 days, as provided for emergency acts of the Council of the District of
110	110	The Council adopts the fiscal impact statement of the Chief Financial Officer as
111	111	the fiscal impact statement required by section 4a of the General Legislative Procedures I
112	112	(A) Contract Number: NFPHC-MS-22-C-00043 Modifications 10 and 11
113	113	Proposed Contractor: Maxim Healthcare Staffing Services, Inc.
114	114	Contract Amount:
115	115	Unit and Method of Compensation: Monthly with proper invoices
116	116	December 10, 2022 - December 9, 2023; retroactiveTerm of Contract:
117	117	Fixed Fee, with monthly reconciliationType of Contract:
118	118	Sole Source under 27 DCMR 4618Source Selection Method:
119	119	,o
120	120	1
121	121	Pursuant to section 202(c-l) of the Procurement Practices Reform Act of 2010, as amended, D.C.
122	122	Official Code § 2-352.02(c-l), the following contract summary is provided:
123	123	Modification 10: $925,000.00 (Dec 10, 2022-Feb 7, 2023)
124	124	Proposed Modification 11: $2,500,000.00 (Feb 8 - Dec 9, 2023)
125	125	Option Year 1 Amount: $3,425,000.00 (Dec 10, 2022 - Dec 9, 2023)
126	126	o
127	127	o
128	128	o
129	129	GOVERNMENT OF THE DISTRICT OF COLUMBIA
130	130	Office of Contracting and Procurement
131	131	COUNCIL CONTRACT SUMMARY
132	132	(Retro)
133	133	(B) For a contract containing option periods, the contract amount for the base period and for
134	134	each option period. If the contract amount for one or more of the option periods differs from
135	135	the amount for the base period, provide an explanation of the reason for the difference:
136	136	Base Period:
137	137	$300,000.00 Base Period: (December 10, 2020 to December 9, 2021)
138	138	$600,000.00 Modification #1: (December 10, 2020 to December 9, 2021)
139	139	$2,600,000.00 Modification #2: (December 10, 2020 to December 9, 2021) Modification
140	140	#2 revised the total 12-month Base Period to $3,500,000.00. Base Year approved by
141	141	Council as A24-115 on June 29, 2021
142	142	I Mods #3 & #4: No fiscal impact o
143	143	There were no protests associated with this procurement.
144	144	2
145	145	(C) The goods or services to be provided, the methods of delivering goods or services, and any
146	146	significant program changes reflected in the proposed contract:
147	147	(D) The selection process, including the number of offerors, the evaluation criteria, and the
148	148	evaluation results, including price, technical or quality, and past performance components:
149	149	Maxim Healthcare Staffing Services, Inc. is a privately held medical staffing company
150	150	headquartered in Columbia, Maryland, that was founded in 1988. Maxim is accredited by the
151	151	Accreditation Commission for Health Care (ACHC) for our private duty nursing and certified home
152	152	o
153	153	o
154	154	(F) The background and qualifications of the proposed contractor, including its organization,
155	155	financial stability, personnel, and performance on past or current government or private
156	156	sector contracts with requirements similar to those of the proposed contract:
157	157	As reported for the Base Year and Option Year 1, this contract was sole sourced under 27
158	158	DCMR 4618.
159	159	$143,835.62 Modification #5: (December 10, 2021 to December 24, 2021)
160	160	$1,726,027.40 Modification #6: (December 25, 2021 to June 22, 2022) Modification #6
161	161	revised the Partial Option Year 1 total to $1,869,863.02. Modifications #5 and #6 were
162	162	approved by Council as A24-416 on May 3, 2022
163	163	$1,500,000.00 Modification #7: (June 23, 2022 to Sept 30, 2022)
164	164	Modification 47 revised the Option Year 1 value to $3,369,863.02. Modifications 45 -47
165	165	were approved by Council as A24-478 on June 28, 2022.
166	166	$890,000.00 Modification 8: (June 23, 2022 to Sept 30, 2022)
167	167	$2,000,000.00 Modification 9: (Oct 1, 2022 - Dec 9, 2022). Modification 9 revised the
168	168	Option Year 1 total to $6,259,863.02, with a period of Dec 10, 2021 - Dec 9, 2022.
169	169	Modifications 48 &49 were approved by Council as A24-653 on November 1, 2022.
170	170	(E) A description of any bid protest related to the award of the contract, including whether the
171	171	protest was resolved through litigation, withdrawal of the protest by the protestor, or
172	172	voluntary corrective action by the District. Include the identity of the protestor, the grounds
173	173	alleged in the protest, and any deficiencies identified by the District as a result of the protest:
174	174	- Option Year 1:
175	175	o
176	176	o
177	177	This Contract is for the provision of nurse staffing services at United Medical Center (“UMC”) for
178	178	the emergency department (“ED”) and intensive care unit (“ICU”), and for telemetry services, for a
179	179	period from December 10, 2022 to December 9, 2023.
180	180	-Option Year 2:
181	181	o Modification #10: $925,000.00 (December 10, 2022 to February, 7, 2023)
182	182	o Proposed Modification #11: $2,500,000.00 (February 8, 2023 - December 9, 2023). If
183	183	approved, Mod 410 will revise Option Year 2 total to $3,425,000.00. The value of work performed pursuant to OY 2 Modification #10: $925,000.00
184	184	The value of work performed pursuant to Proposed OY2 Modification #11: $1,946,573.35
185	185	(J) The date on which the contracting officer was notified of the proposed change:
186	186	March 15, 2023
187	187	(L) The reason for the proposed change:
188	188	3
189	189	(G) The period of performance associated with the proposed change, including date as of which
190	190	the proposed change is to be made effective:
191	191	(K) The reason why the proposed change was sent to Council for approval after it is intended to
192	192	take effect:
193	193	Modifications #10 and #11 are required to allow for the continued provision of nurse staffing
194	194	services and to avoid a major disruption in nurse staffing at the Hospital.
195	195	healthcare programs and is accredited by The Joint Commission for healthcare staffing services.
196	196	Maxim is committed to adhering to standards set forth by The Joint Commission. In keeping with
197	197	this
198	198	dedication to quality service, Maxim has adapted The Joint Commission’s standards into daily
199	199	business practices and internal training programs.
200	200	Modification #10 (December 10, 2022 - February 7, 2023) was executed December 13, 2022.
201	201	Proposed Modification #11 (February 8, 2023 - December 9, 2023) would be effective upon the
202	202	date of Council approval, should Council approve the Contract.
203	203	The aggregate dollar value of Modification #10’s change is $925,000.00. The aggregate value of
204	204	the of Proposed Modification #11 is $2,500,000.00, totaling $3,425,000.00.
205	205	(H) The value of any work or services performed pursuant to a proposed change for which the
206	206	Council has not provided approval, disaggregated by each proposed change if more than one
207	207	proposed change has been aggregated for Council review:
208	208	(I) The aggregate dollar value of the proposed changes as compared with the amount of the
209	209	contract as awarded:
210	210	As conveyed during recent oversight hearings, UMC faces ongoing nursing specific staffing
211	211	challenges due to constantly increasing agency costs, extended time needed to negotiate financial
212	212	terms,
213	213	nationwide industry shortages, and the pending wind down. These factors directly contribute
214	214	to the retroactivity of nurse staffing modifications. Despite these difficulties, UMC continues to use
215	215	its best efforts to build and maintain a panel of nurse staffing agencies that can provide qualified
216	216	staff to UMC at the most favorable terms. t
217	217	(M) The legal, regulatory, or contractual authority for the proposed change:
218	218	NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act.
219	219	(O) Performance standards and the expected outcome of the proposed contract:
220	220	Expenditure pursuant to Modification #10 to Option Year 2: $925,000.00
221	221	Expenditure pursuant to Proposed Modification #11 to Option Year 2: $221,754.30
222	222	See enclosed fiscal certification from the OCFO.
223	223	See enclosed legal certification from UMC Counsel.
224	224	4
225	225	(P) The amount and date of any expenditure of funds by the District pursuant to the contract
226	226	prior to its submission to the Council for approval:
227	227	(R) A certification that the contract is legally sufficient, including whether the proposed
228	228	contractor has any pending legal claims against the District:
229	229	The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation
230	230	Interim CEO and Chief Nursing Officer. The performance standards are as outlined in the
231	231	proposed Contract and as required by applicable local, federal, industry, and licensing entities.
232	232	(N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
233	233	Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
234	234	D.C. Official Code § 2-218.01 etseq. (“Act”), including a certification that the subcontracting
235	235	plan meets the minimum requirements of the Act and the dollar volume of the portion of the
236	236	contract to be subcontracted, expressed both in total dollars and as a percentage of the total
237	237	contract amount:
238	238	As conveyed during recent oversight hearings, UMC remains challenged to staff specialty and non
239	239	specialty temporary nurses due to constantly increasing agency costs, extended time needed to
240	240	negotiate financial terms, nationwide industry shortages, and the pending wind
241	241	down. Unfortunately, previous attempts to contract with DSLBD’s CBEs did not yield qualified
242	242	staff and the Hospital’s clinical needs could not wait. Despite these difficulties, UMC remains
243	243	undeterred in its efforts to create and maintain opportunities for small, local, and disadvantaged
244	244	businesses at UMC across all areas of the hospital and looks forward to continuing to work with
245	245	DSLBD and the community to improve.
246	246	(Q) A certification that the proposed contract is within the appropriated budget authority for the
247	247	agency for the fiscal year and is consistent with the financial plan and budget adopted in
248	248	accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
249	249	(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is
250	250	current with its District taxes. If the Citywide Clean Hands Database indicates that the See enclosed Clean Hands Certification.
251	251	The proposed contractor has certified its compliance.
252	252	The Contractor is not certified as a local, small, or disadvantaged business enterprise.
253	253	All relevant aspects of the proposed Contract are enclosed.
254	254	None.
255	255	5
256	256	As of March 21, 2023, the Contractor does not appear on the District or Federal Excluded
257	257	Parties List.
258	258	(U) The status of the proposed contractor as a certified local, small, or disadvantaged business
259	259	enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
260	260	Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq,’.
261	261	(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
262	262	significant:
263	263	(W) A statement indicating whether the proposed contractor is currently debarred from providing
264	264	services or goods to the District or federal government, the dates of the debarment, and the
265	265	reasons for debarment:
266	266	(Y) Where the contract, and any amendments or modifications, if executed, will be made
267	267	available online:
268	268	proposed contractor is not current with its District taxes, either: (1) a certification that the
269	269	contractor has worked out and is current with a payment schedule approved by the District;
270	270	or (2) a certification that the contractor will be current with its District taxes after the District
271	271	recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
272	272	The Hospital's website is currently being upgraded and the Hospital intends to post the
273	273	executed Contract as soon as possible. Until then, the contract remains available onsite.
274	274	(T) A certification from the proposed contractor that it is current with its federal taxes, or has
275	275	worked out and is current with a payment schedule approved by the federal government:
276	276	(X) Any determination and findings issues relating to the contract’s formation, including any
277	277	determination and findings made under D.C. Official Code § 2-352.05 (privatization
278	278	contracts):
279	279	(Z) Where the original solicitation, and any amendments or modifications, will be made available
280	280	online: 1
281	281	6
282	282	The Hospital’s website is currently being upgraded and the Hospital intends to post the
283	283	executed Contract as soon as possible. Notice Number: LOOO93538O8Date of Notice:March 16, 2023
284	284	CERTIFICATE OF CLEAN HANDS
285	285	1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
286	286	To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
287	287	“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
288	288	Authorized By Melinda Jenkins
289	289	Branch Chief, Collection and Enforcement Administration
290	290	Government of the District of Columbia
291	291	Office of the Chief Financial Officer
292	292	Office of Tax and Revenue
293	293	1101 4‘h Street, SW
294	294	Washington, DC 20024
295	295	MAXIM HEALTHCARE STAFFING SERVICES INC
296	296	7227 LEE DEFOREST DR
297	297	COLUMBIA MD 21046-3236
298	298	As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
299	299	liability
300	300	with the District of Columbia Office of Tax and Revenue or the Department of Employment
301	301	Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
302	302	this Certificate of Clean Hands is issued.
303	303	FEIN: -*6157
304	304	Case ID: 1459241
305	305	TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
306	306	CHAPTER 28 GENERAL LICENSE
307	307	SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
308	308	D.C. CODE § 47-2862 (2006)
309	309	§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT Jacqueline Payne-Borden, Chief Executive OfficerTo:
310	310	Date: April 24, 2023
311	311	Re:
312	312	/
313	313	From: Lilian Chukwuma, CFO - Not-for-Profit Hospital Corporatio
314	314	MEMORANDUM
315	315	\
316	316	Contract No. NFPHC-MS-22-C-00043 Modifications 10 & 11 between Not-for-
317	317	Profit Hospital Corporation and Maxim Healthcare Staffing Services, Inc.
318	318	Approval and Payment Authorization Emergency Act of 2023
319	319	:•
320	320	i
321	321	Government of the District of Columbia
322	322	Office of the Chief Financial Officer
323	323	★ ★ ★
324	324	I
325	325	fl
326	326	li
327	327	are included in the
328	328	The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with Maxim Healthcare
329	329	Staffing Services, Inc. the provision of nurse staffing services pertaining to the emergency
330	330	department, intensive care unit, and telemetry services. Modification 10 of the Contract
331	331	exercised Option Year 2 for a total amount of $925,000.00 for the period from December 10,
332	332	2022 and terminating on February 7, 2023. Proposed Modification .il of the Contract would
333	333	extend the term of Option Year 2 to December 9, 2023, for a total value of $ $2,500,000.00,
334	334	revising the total dollar amount of Option Year 2 to $3,425,000.00.
335	335	The Office of the Chief Financial Officer hereby certifies that the funds
336	336	NFPHC FY 2023 and FY24 budget.
337	337	r' DocuSIgn Envelope ID: 02D52AAB-7081-47AD-9DD7-13815276E421
338	338	0
339	339	C
340	340	MEMORANDUM
341	341	To:
342	342	From:
343	343	Reference:
344	344	April 24, 2023Date:
345	345	Legal SufficiencySubject:
346	346	WWW.UNITED-MEDICALCENTER.COM
347	347	[^QiirQKlilR^ijiTin5Siriilvia)RP.0RATjotv
348	348	I hereby certify that it appears to be legally sufficient. Please be advised that my finding
349	349	is premised on the Contract being submitted to and approved by the Council of the
350	350	District of Columbia.
351	351	Jacqueline Payne-Borden
352	352	Chief Executive Officer
353	353	Eric Goulet
354	354	General Counsel
355	355	Contract No. NFPHC-MS-22-C-00043 Modifications 10 & 11 between
356	356	Not-for-Profit Hospital Corporation and Maxim Healthcare Staffing
357	357	Services, Inc. Approval and Payment Authorization Emergency Act of
358	358	2023
359	359	oUMC
360	360	^UNITED
361	361	— MEDICAL CINTEH
362	362	I have reviewed the above-referenced Contract No. NFPHC-MS-22-C-00043
363	363	Modifications between the Not-for-Profit Hospital Corporation, commonly known as
364	364	United Medical Center (“Hospital”), and Maxim Healthcare Staffing Services, Inc., for
365	365	the provision of nurse staffing services pertaining to the emergency department, intensive
366	366	care unit, and telemetry services.
367	367	1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 • 202-574-6000 DocuSign Envelope ID: 460741OA-263E-43DC-8331-0667EB0DB171
368	368	Page
369	369	CONTRACT MODIFICATION/ CHANGE ORDER
370	370	I of I
371	371	NFPHC-NSD-21-C-00027
372	372	4. Requisition/Purchase Ordcr/Task Order/Modification Number:
373	373	Modification #10
374	374	7. Subject:6. Contractor: name; address; phone number and email address
375	375	Other:Change Order8.
376	376	X
377	377	Date:Date:
378	378	Signature: L2/13/2O22
379	379	Signature:
380	380	14. GENERAL COUNSEL - LEGAL SUFFICIENCY
381	381	Legal Sufficiency:
382	382	Michael Austin, NFPHC Associate Counsel •
383	383	Date: Signature:
384	384	Lilian Chuk'
385	385	FOR INTERNAL PURPOSES ONLY
386	386	: NFPHC Chief Executive Officer
387	387	: NFPHC Budget OfficerOCFO REVIEW APPROVAL:
388	388	I
389	389	*A1I other terms and conditions of the contract shall remain the same.
390	390	* Modification reflects new rates
391	391	13. Signature of Contracting Officer: Kendrick Dandridge,
392	392	Contracting Officer
393	393	Maxim Healthcare Staffing Services, Inc.
394	394	962 Wayne Avenue, Suite 600
395	395	Silver Spring, MD 20910
396	396	Supplemental
397	397	Agreement
398	398	/ hereby certify funds are sufficiently included in the District's FY 2023 budget and
399	399	financial plan to support this Contract.
400	400	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
401	401	United Medical Center,
402	402	an instrumentality of the District of Columbia government, hereinafter
403	403	known as the “Hospital”.
404	404	Modification to partially exercise Option Year Two (OY2) for sixty (60)
405	405	days, commencing on December 10, 2022 and terminating on February
406	406	7, 2023.
407	407	12. Name ofContractor: Rob Coombs
408	408	______
409	409	2. Address (Send invoices here)
410	410	Not-For-Profit Hospital Corporation
411	411	United Medical Center - Accounts Payable
412	412	1310 Southern Avenue, S.E.
413	413	Washington, D.C. 20032
414	414	5. Department(s) Using Goods or Services: Nursing Department
415	415	3a. Effective Date:
416	416	December 10, 2022
417	417	3b. Date of Council
418	418	Approval.
419	419	Exercise of
420	420	____Option
421	421	9. Modification/Change Order Amount: $925,000.00
422	422	Letter Contract/
423	423	Contract Extension
424	424	10. Total Contract Amount: $925,000.00
425	425	11. Modification to partially exercise Option Year Two (OY2) for sixty (60) days for the provision of Nurses.
426	426	Unit:
427	427	ED
428	428	ICU
429	429	MS/T
430	430	RT
431	431	Rates
432	432	$138.00
433	433	$135.00
434	434	$115.00
435	435	$110.00
436	436	JP
437	437	CEO REVIEW APPROVAL: Ul
438	438	12/6/2022
439	439	Date:
440	440	15. CERTIFICATION OF FUNDS
441	441	•wurrta^ NFPHC CFO
442	442	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
443	443	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
444	444	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
445	445	Councilmcmbcrs introduced the Sense of the Council Not-for-Profil Hospital Corporation Transformation and Sustainability Resolution of2014 (PRO-731)), which
446	446	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
447	447	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
448	448	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
449	449	supervised by a D.C. Bar Member. Page of Pages
450	450	I of 1
451	451	NFPHC-MS-22-C-00043
452	452	4. Requisilion/Purchasc Order/Task Order/Modification Number:
453	453	Modification #11
454	454	7. Subject:
455	455	Other:Change Order8.
456	456	X
457	457	10. Total Contract Amount: $3,425,000.009. Modification/Change Order Amount: $2,500,000.00
458	458	11. Modification to increase NTE amount and to exercise the remainder of contract Option Year Two (OY2) for the provision of Nurses.
459	459	Date:Date:12. Name of Contractor: Maxim Healthcare Staffing Services. Inc.
460	460	/C. (Zfehi&i' 3/21/2023Signature:
461	461	14. GENERAL COUNSEL - LEGAL SUFFICIENCY •
462	462	Legal Sufficiency:
463	463	j NFPHC Chief Operating OfficerCEO REVIEW APPROVAL:OCFO REVIEW APPROVAL:.
464	464	All terms of the Contract shall remain in full force and effect.
465	465	Modification reflects new rates
466	466	Maxim Healthcare Staffing Services, Inc.
467	467	962 Wayne Avenue, Suite 600
468	468	Silver Spring, MD 20910
469	469	Exercise of
470	470	Option Supplemental
471	471	Agreement
472	472	CONTRACT MODIFICATION/ CHANGE
473	473	ORDER
474	474	Letter Contract/
475	475	Contract Extension
476	476	/ hereby certify funds are sufficiently included in the District's FY 2023 budget and
477	477	financial plan to support this Contract.
478	478	13. Signature ofContracting Officer: Kendrick Dandridge,
479	479	Contracting Officer
480	480	Signature:
481	481	a.
482	482	b.
483	483	Modification/change order to increase NTE and to exercise the remainder of
484	484	Option Year two (OY2), commencing on February 8, 2023 and concluding on
485	485	December 09, 2023.
486	486	3a. Effective Date:
487	487	February 8, 2023
488	488	3b. Date of Council
489	489	Approval:
490	490	DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
491	491	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
492	492	United Medical Center,
493	493	an instrumentality of the District of Columbia government, hereinafter
494	494	known as the “Hospital”.
495	495	FOR INTERNAL PURPOSES ONLY
496	496	-----------------------
497	497	3/21/2023
498	498	; NFPHC Budget Officer
499	499	Unit:
500	500	ED
501	501	ICU
502	502	MS/T
503	503	RT
504	504	Rates
505	505	$125.00
506	506	$122.00
507	507	$110,00
508	508	$98.00
509	509	2. Address (Send invoices here)
510	510	Not-For-Profit Hospital Corporation
511	511	United Medical Center - Accounts Payable
512	512	1310 Southern Avenue, S.E.
513	513	Washington, D.C. 20032
514	514	5. Department(s) Using Goods or Services: Nursing Department
515	515	6. Contractor: name; address; phone number and email address
516	516	0^:3/21/202
517	517	15. CERTIFICATION OF FUNDS
518	518	Signaturc:/ ____________
519	519	Lilian Chukwuma, NFPHC CFO
520	520	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
521	521	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
522	522	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
523	523	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
524	524	expressed the desire that the Hospital move swifily to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year
525	525	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
526	526	for private sector takeover of the ownership and management of the United Medical Center.
527	527	3/21/2023
528	528	Date:
529	529	Yanira van den Broeck Nieves, NFPHC Associate General Counsel DocuSign Envelope ID: D6CE38D4-EFE0-49CA-9BEB-5201F6C60613
530	530	Page
531	531	CONTRACT MODIFICATION/ CHANGE ORDER
532	532	1 of 1
533	533	NFPHC-NSD-21-C-00027
534	534	4. Rcquisition/Purchase Ordcr/Task Order/Modification Number:
535	535	Modification #10
536	536	7. Subject:6. Contractor: name; address; phone number and email address
537	537	Other:Change Order8.
538	538	X
539	539	Date:Date:
540	540	Signature: L2/13/2022
541	541	Signature:
542	542	14. GENERAL COUNSEL - LEGAL SUFFICIENCY
543	543	Legal Sufficiency:
544	544	Michael Austin, NFPHC Associate Counsel •
545	545	Date: Signature:
546	546	fa; NFPHC CFO
547	547	FOR INTERNAL PURPOSES ONLY
548	548	: NFPHC Chief Executive OfficerCEO REVIEW APPROVAL: : NFPHC Budget OfficerOCFO REVIEW APPROVAL:
549	549	Maxim Healthcare Staffing Services, Inc.
550	550	962 Wayne Avenue, Suite 600
551	551	Silver Spring, MD 20910
552	552	*A11 other terms and conditions of the contract shall remain the same.
553	553	* Modification reflects new rates
554	554	Supplemental
555	555	Agreement
556	556	13. Signature of Contracting Officer: Kendrick Dandridge,
557	557	Contracting Officer
558	558	/ hereby certify funds are sufficiently included in the District's FY 2023 budget and
559	559	financial plan to support this Contract.
560	560	Modification to partially exercise Option Year Two (OY2) for sixty (60)
561	561	days, commencing on December 10, 2022 and terminating on February
562	562	7, 2023.
563	563	12. Name of Contractor: Rob Coombs
564	564	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
565	565	United Medical Center,
566	566	an instrumentality of the District of Columbia government, hereinafter
567	567	known as the “Hospital”.
568	568	2. Address (Send invoices here)
569	569	Not-For-Profit Hospital Corporation
570	570	United Medical Center - Accounts Payable
571	571	1310 Southern Avenue, S.E.
572	572	Washington, D.C. 20032
573	573	5. Department(s) Using Goods or Services: Nursing Department
574	574	3a. Effective Dale:
575	575	December 10, 2022
576	576	3b. Date of Council
577	577	Approval: N/A
578	578	Exercise of
579	579	_____
580	580	Option____________
581	581	9. Modification/Change Order Amount: $925,000.00
582	582	11. Modification to partially exercise Option Year Two (OY2) for sixty (60) days for the provision of Nurses.
583	583	Unit:
584	584	ED
585	585	ICU
586	586	MS/T
587	587	RT
588	588	Letter Contract/
589	589	Contract Extension
590	590	10. Total Contract Amount: $925,000.00
591	591	Rates
592	592	$138.00
593	593	$135.00
594	594	$115.00
595	595	$110.00
596	596	12/6/2022
597	597	Dale:
598	598	15. CERTIFICATION OF FUNDS
599	599	Lilian Chuk^wtfa; NFf
600	600	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
601	601	continues to work with other District agencies to detennine the most effective manner for all involved to achieve their respective legislative mandates while the Hospital
602	602	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
603	603	Councilmembers introduced the Sense of the Council Not-for-Profil Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731 )), which
604	604	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
605	605	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
606	606	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
607	607	supervised by a D.C. Bar Member. Page of Pages
608	608	1 of i
609	609	NFPHC-NSD-21-C-00027
610	610	4. Requisition/Purchase Ordcr/Task Ordcr/Modification Number:
611	611	Modification #9
612	612	7. Subject:
613	613	Other:Change Order8.
614	614	X
615	615	10. Total Contract Amount: $6,259,863.029. Modification/Changc Order Amount: $2,000,000.00
616	616	11. Modification to increase NTE amount for the remainder of the contract for the provision of Nurses.
617	617	All terms of the Contract shall remain in full force and effect.a.
618	618	Date:Date:racting Onicer: Kendnck I
619	619	11/10/2022
620	620	10/07/2022
621	621	14. GENERAL COUNSEL - LEGAL SUFFICIENCY
622	622	Legal Sufficiency:
623	623	Michael Austin, NFPHC Attorney*
624	624	Date:
625	625	FOR INTERNAL PURPOSES ONLY
626	626	: NFPHC Chief Executive OfficerCEO REVIEW APPROVAL:: NFPHC Budget OfficerOCFO REVIEW APPROVAL:.
627	627	t
628	628	Maxim Healthcare Staffing Services, Inc.
629	629	962 Wayne Avenue, Suite 600
630	630	Silver Spring, MD 20910
631	631	Exercise of
632	632	Option
633	633	Supplemental
634	634	Agreement
635	635	13. Signature of Contracting Officer: Kendrick Dandridge,
636	636	Contracting Officer
637	637	Signature: /_
638	638	CONTRACT MODIFICATION/ CHANGE
639	639	ORDER
640	640	Modification to partially exercise Option Year One (OYI), commencing on October
641	641	1, 2022 and concluding on December 09, 2022.
642	642	Letter Contract/
643	643	Contract Extension
644	644	DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
645	645	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
646	646	United Medical Center,
647	647	an instrumentality of the District of Columbia government, hereinafter
648	648	known as the “Hospital”.
649	649	2. Address (Send invoices here)
650	650	Not-For-Profit Hospital Corporation
651	651	United Medical Center - Accounts Payable
652	652	1310 Southern Avenue, S.E.
653	653	Washington, D.C. 20032
654	654	5. Dcpartmcnt(s) Using Goods or Services: Nursing Department
655	655	6. Contractor: name; address; phone number and email address
656	656	3a. Effective Date:
657	657	October 1,2022
658	658	3b. Date of Council
659	659	Approval: 11/01/2022
660	660	Unit:
661	661	ED
662	662	ICU
663	663	MS/T
664	664	RT
665	665	Rates
666	666	$138.00
667	667	$135.00
668	668	$115.00
669	669	$110.00
670	670	15. CERTIFICATION OF FUNDS
671	671
672	672	Signaturc: / >______
673	673	Lilian ChukwumaTffFPHC CFO
674	674	This contract appears legally sufficient subject to the Contract receiving CFO fiscal sufficiency and all requisite approvals from the
675	675	NFPHC Board and/or DC Council. In addition, this certification is subject to apl requirements set forth in the DC laws and regulations
676	676	including but not limited to: The Procurement Practices Reform Act, as amended; the contractor’s execution of NFPHC Business
677	677	Associate Agreements; and, inclusion of NFPC Standard Contract Provisions (SCPs) and UMC contract clauses. *Maryland barred
678	678	attorney not licensed to practice law in D.C., work is supervised by a D.C. Bar Member.
679	679	/ hereby certify funds are sufficiently included in the District's FY 2023 budget and
680	680	10/21/202^nancia/pian to support this Contract.
681	681	10/21/2022
682	682	Date:
683	683	12. Name of Contractor: Rob Coombs
684	684	Maxim Healthcare Staffing Services, Inc.
685	685	Signature: Page of Pages
686	686	1 of 1
687	687	NFPHC-NSD-21-00027
688	688	4. Requisition/Purchase Order/TaskOrder/Modification Number:
689	689	Modification #8
690	690	7. Subject:
691	691	Other:Change Order
692	692	X
693	693	10. Total Contract Amount: $4,259,863.029. Modification/Change Order Amount: $890,000.00
694	694	11. Modification to increase NTE amount for the remainder of the contract for the provision of Nurses.
695	695	a.
696	696	All other terms of the Contract shall remain in full force and effect.b.
697	697	Date:
698	698	rSep-22
699	699	11/10/202 >Signature:
700	700	14. GENERAL COUNSEL - LEGAL SUFFICIENCY
701	701	9/28/2022
702	702	Date: Legal Sufficiency: .
703	703	Date:
704	704	FOR INTERNAL PURPOSES ONLY
705	705	; NFPHC Chief Operating OfficerCOO REVIEW APPROVAL:; NFPHC Budget OfficerOCFO REVIEW APPROVAL:.
706	706	Exercise of
707	707	Option
708	708	Supplemental
709	709	Agreement
710	710	CONTRACT MODIFICATION/ CHANGE
711	711	ORDER
712	712	This Modification is for additional funds for supplemental staffing of Nurses for a
713	713	period from June 23,2022 and terminating on September 30,2022.
714	714	Letter Contract/
715	715	Contract Extension
716	716	Healthcare Staf4iW^c5enrt\|c^®?^o£5'on^n8(Jffi5r: KendrickDandrid8e-
717	717	28
718	718
719	719	2. Address (Send invoices here) y
720	720	Not-For-Profit Hospital Corporation
721	721	United Medical Center - Accounts Payable
722	722	1310 Southern Avenue, S.E.
723	723	Washington, D.C. 20032
724	724	5. Department(s) Using Goods or Services: Nursing Department
725	725	6. Contractor: name; address: phone number and email address
726	726	DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
727	727	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
728	728	United Medical Center.
729	729	an instrumentality of the District of Columbia government, hereinafter
730	730	known as the “Hospital”.
731	731	Rates
732	732	$138.00
733	733	$135.00
734	734	SI 15.00
735	735	$110.00
736	736	3a. Effective Date: See box
737	737	7
738	738	3b.-Date of Council
739	739	Approval: 11/01/2022
740	740	Unit:
741	741	ED
742	742	ICU
743	743	MS/T
744	744	RT
745	745	Modification reflects new rates.
746	746	Maxim Healthcare Staffing Services, Inc.
747	747	962 Wayne Avenue, Suite 600
748	748	Silver Spring, MD 20910
749	749	15. CERTIFICATION OF FUNDS
750	750	Signature:
751	751	Lilian ChWnrtima, NFPHC CFO
752	752	a/7R/7D7> hereby certify funds are sujficientty included in the District's FY 2022 budget and
753	753	y/Zo/2U2 . financial p/an to support this Contract.
754	754	„ .. ____ jntracting Officer: Kendric
755	755	■Contracting Officer 7^/ /
756	756	Signature: /
757	757	< J
758	758	MichaerAustin, NFPHC Attorney *
759	759	12. Name
760	760	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
761	761	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
762	762	strives to meet: (i) its Establishment Act purposes (DC Official Code §44-951.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen
763	763	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)). which
764	764	expressed the desire that the Hospital move swift ly to implement the strategic plan), and (iii) its clarified District government charged legislative mandate in the Fiscal Year
765	765	2015 Budget Support Emergency Act of 2014 (B20-849). which required the Hospital move forward expeditiously with improving (JMC operations and soliciting proposals
766	766	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
767	767	supervised by a D.C. Bar Member. Page of Pages
768	768	1 of 1
769	769	NFPHC-NSD-21-C-00027
770	770	4. Requisition/Purchase Order/Task Ordcr/Modification Number:
771	771	Modification #7
772	772	7. Subject:
773	773	Other:Change Order8.
774	774	X
775	775	10. Total Contract Amount: $3,369,863.029. Modification/Changc Order Amount: $1,500,000.00
776	776	All other terms of the Contract shall remain in full force and cfTect.a.
777	777	b.
778	778	Date:Date:
779	779	6/13/2022 6/30/2022Signature:
780	780	Signature:
781	781	14. GENERAL COUNSEL - LEGAL SUFFICIENCY
782	782	Legal Sufficiency:
783	783	Michael Austin, NFPHC Attorney
784	784	OFFENDS
785	785	Date:
786	786	FOR INTERNAL PURPOSES ONLY
787	787	N/A
788	788	; NFPHC Chief Operating OfficerCOO REVIEW APPROVAL:.; NFPHC Budget OfficerOCFO REVIEW APPROVAL:.
789	789	Maxim Healthcare Staffing Services, Inc.
790	790	962 Wayne Avenue, Suite 600
791	791	Silver Spring, MD 20910
792	792	Exercise of
793	793	Option
794	794	Contracting Officer’s Technical Representative (COTR) for this Contract is:
795	795	Teka Henderson
796	796	Director of Nursing
797	797	Email: TEHenderson@Unitcd-MedicalCcntcr.com
798	798	Supplemental
799	799	Agreement
800	800	CONTRACT MODIFICATION/ CHANGE
801	801	ORDER
802	802	Letter Contract/
803	803	Contract Extension
804	804	Modification to extend Option Year One (OY1) commencing on June
805	805	23, 2022 and terminating on September 30, 2022.
806	806	13. Signature of Contracting Officer: William Strudwick,
807	807	Interim Chief Executive Officer
808	808	12. Name of Contractor: Maxim Healthcare Staffing Services. Inc.
809	809	Signature:_____________
810	810	Lilian Chukwuma, NFPHC CFO
811	811	DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
812	812	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
813	813	United Medical Center,
814	814	an instrumentality of the District of Columbia government, hereinafter
815	815	known as the “Hospital”.
816	816	3a. Effective Date:
817	817	June 23, 2022
818	818	3b. Date of Council
819	819	2. Address (Send invoices here)
820	820	Not-For-Profit Hospital Corporation
821	821	United Medical Center - Accounts Payable
822	822	1310 Southern Avenue, S.E.
823	823	Washington, D.C. 20032_______________
824	824	5. Dcpartment(s) Using Goods or Services: Nursing Department
825	825	6. Contractor: name; address; phone number and email address
826	826	6/15/2022
827	827	Date:
828	828	15. CERTIFICATING
829	829	I hereby certify funds are sufficiently included in the District's FY 2022 budget and
830	830	6/17/2O2 . financial plan to support this Contract.
831	831	This contraci appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital
832	832	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
833	833	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
834	834	Councilmcmbcrs introduced the Sense of the Council Not-for-Profii Hospital Corporation Transformation and Sustainability Resolution of2014 (PRO-731)), which
835	835	expressed
836	836	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
837	837	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
838	838	for private sector takeover of the ownership and management of the United Medical Center.
839	839	11. Modification to extend Option Year One (OY1) for a period from June 23, 2022 to September 30, 2022. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
840	840	NFPHC-NSI>*21-C-00027
841	841	4. Rcquisition/Purchase Order/Task Order/Modificalion Number
842	842	Modification #6
843	843	7. Subject:
844	844	Other:Change Order8.
845	845	X
846	846	10. Total Contract Amount $1,869,863.029. Modification/Change Order Amount: $1,726,027.40
847	847	Date:
848	848	12/13/2021
849	849	Signature:
850	850	a.NFPHCCFO
851	851	FOR INTERNAL PURPOSES ONLY
852	852	NFPHC Chief Operating OfficerCOO REVIEW APPROVAL:.
853	853	Hospital Intis (Re: Sections 7,11,12):
854	854	Exercise of
855	855	Option
856	856	Supplemental
857	857	A&eement
858	858	CONTRACT MODIFICATION/ CHANGE
859	859	ORDER
860	860	Modification to extend Option Year One (OY1) for one- hundred
861	861	eighty (180) days, commencing on December 25, 2021 and
862	862	terminating on June 22,2022.
863	863	1 hereby certifyfunds are syfficienlfy included in the District *s FY 2022
864	864	budge! andfinancial plan to support this Cartract.
865	865	t
866	866	Maxim Healthcare Staffing Services, Inc.
867	867	962 Wayne Avenue, Suite 600
868	868	Silver Spring, MD 20910
869	869	Letter Contract/
870	870	Contract
871	871	Extension
872	872	Page
873	873	1 of2
874	874	ATTN: John Miller
875	875	(301) 585-9773
876	876	www.maximhealthcare.com
877	877	\| SertiH Glcarontc Signa tur a
878	878	................
879	879	Date:.
880	880	/18/2022
881	881	DocuSign Envelope ID: 2982078E-B4C4-4331-8673-4F6F3B0D371C
882	882	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
883	883	United Medical Center,
884	884	m instrumentality of the District of Columbia government, hereinafter
885	885	known as the “Hospital”.
886	886	Signan
887	887	AlexP
888	888	14. GE
889	889	3a. Effective Date:
890	890	See box 13
891	891	3b. Date of Council
892	892	Approval:
893	893	2. Address (Send invoices here)
894	894	Not-For-Profit Hospital Corporation
895	895	United Medical Center - Accounts Payable
896	896	1310 Southern Avenue, S£.
897	897	Washington, D.C. 20032
898	898	5. Departments) Using Goods or Services: Nursing Department
899	899	6. Contractor name; address; phone number and email address
900	900	Contractor Intis (Re: Sections 7,11,12): P,^o^
901	901	12. nf Cnnhmrfnr* Maxim Hgfilthi
902	902	Service
903	903	11. Modification to extend Option Year One (O Y1) for one-hundred eighty (180) days for a period from
904	904	December 25,2021 to June 22,2022 All other terms and condition of the Contract shall remain in effect.
905	905	12/16/2021
906	906	Date:
907	907	Legal Sufficiency:
908	908	yrpim k. Dhillon, NFPHC Outside Counsel
909	909	15. CERTIFICATION OF FUNDS
910	910
911	911	Signature: /
912	912	Lilian Chi
913	913	13. Signature of Contracting Officer Marcela Maamari,
914	914	Chief Contracting Officer
915	915	n—ureruEaero* -
916	916	5D?ZUilfti3h5634568
917	917	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
918	918	continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandata while the Hospital
919	919	strives to meet (i) its Establishment Act purposes (D.C Official Code J44-951.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (aD thirteen
920	920	Councilmerabers introduced the Sense of the Council Not-foHYofit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
921	921	expressed the desire that the Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate In the Fisal Year
922	922	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
923	923	for private sector takeover of the ownership and management of the United Medical Center.
924	924	OCFO REVIEW APPROVAL:/^ : NFPHC Budget Officer
925	925	12/13/2021
926	926	Date:
927	927	ifflir ^tarfinn
928	928	E-SJyned: 12/13/2021 04:00 PM ST
929	929	<^4, dPrfor
930	930	BtpnorAmaxheBnh.com
931	931	IP: 136.226.48.252
932	932	mavn*. luunimc NFPHC-NSD-21-C-00027
933	933	4. Requisition/Purchase Ordcr/Task Order/Modification Number:
934	934	Modification #5
935	935	7. Subject:
936	936	Other:Change Order8.
937	937	X
938	938	10. Total Contract Amount: $143,835.629. Modification/Change Order Amount: $143,835.62
939	939	Date:Date:
940	940	12/6/2021
941	941	Signature:
942	942	Signatu:
943	943	2/03/2021
944	944	Legal Sufficiency:
945	945	12/6/202
946	946	Date:
947	947	FOR INTERNAL PURPOSES ONLY
948	948	.: NFPHC Chief Operating OfficerCOO REVIEW APPROVAL:,.: NFPHC Budget OfficerOCFO REVIEW APPROVAL:.
949	949	Doc ID: 20211203123034585
950	950	Sertlfi Electronic Signature
951	951	11. Modification to partially exercise Option Year One (OY1) for fifteen (15) days for a period from December
952	952	9, 2021 to December 24, 2021. All other terms and condition of the Contract shall remain in effect.
953	953	Maxim Healthcare Staffing Services, Inc.
954	954	962 Wayne Avenue, Suite 600
955	955	Silver Spring, MD 20910
956	956	12. Nan
957	957	Service
958	958	Exercise of
959	959	Option
960	960	Supplemental
961	961	Agreement
962	962	CONTRACT MODIFICATION/ CHANGE
963	963	ORDER
964	964	Letter Contract/
965	965	Contract
966	966	Extension
967	967	I hereby certify funds are sufficiently included in the District's FY 2021 budget
968	968	and financial plan to support this Contract.
969	969	Modification to partially exercise Option Year One (OY1) for fifteen
970	970	(15) days, commencing on December 9, 2021 and terminating on
971	971	December 24, 2021.
972	972	Page
973	973	1 of2
974	974	ATTN: John Miller
975	975	(301) 585-9773
976	976	www.maximhealthcare.com
977	977	13. Signature of Contracting Officer: Marcela Maamari,
978	978	Chief Contracting Officer
979	979	/kA.
980	980	Signature: ( y
981	981	_____ Lilian Chukwuma, NFPHC CFO
982	982	OocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
983	983	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
984	984	United Medical Center,
985	985	an instrumentality of the District of Columbia government, hereinafter
986	986	known as the “Hospital”.
987	987	3a. Effective Date:
988	988	Sec box 13
989	989	3b. Date of Council
990	990	Approval: N/A
991	991	2. Address (Send invoices here)
992	992	Not-For-Profit Hospital Corporation
993	993	United Medical Center - Accounts Payable
994	994	1310 Southern Avenue, S.E.
995	995	Washington, D.C. 20032
996	996	5. Department(s) Using Goods or Services: Nursing Department
997	997	6. Contractor: name; address; phone number and email address
998	998	Megan K. Dhillon, NFPHC Outside Counsel
999	999	15. CERTIFICATION OF FUNDS
1000	1000	E-Signed: 12/03/2021 01:34 PM EST
1001	1001	^innifer &Qymann.
1002	1002	jeheyman@maxhealth.com
1003	1003	IP: 136.226.49.7
1004	1004	14. GENERAL COUNSEL - LEGAB<8I9FFIOW2NE¥034S85
1005	1005	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
1006	1006	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
1007	1007	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
1008	1008	Councilmcmbcrs introduced the Sense of the Council Not-for-Profii Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
1009	1009	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
1010	1010	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
1011	1011	for private sector takeover of the ownership and management of the United Medical Center.
1012	1012	12/3/2021
1013	1013	Date: NFPHC-NSD-21-C-00027
1014	1014	4. Requisition/Purchase Ordcr/Task Order/Modification Number:
1015	1015	Modification #3
1016	1016	7. Subject:
1017	1017	Other:Change Order8.
1018	1018	X
1019	1019	10. Total Contract Amount: $3,500,000.009. Modification/Changc Order Amount: N/A
1020	1020	Date:Jennifer Heymann, AssistantDate:
1021	1021	7/9/2021
1022	1022	07/02/2021
1023	1023	14. GENERAL COUNSEL - LEGAL SUFFICIENCY
1024	1024	7/8/2021
1025	1025	Dale:
1026	1026	FOR INTERNAL PURPOSES ONLY
1027	1027	; NFPHC Chief Operating OfficerCOO REVIEW APPROVAL:.NFPHC Budget OfficerOCFO REVIEW APPROVAL:
1028	1028	DOC ID: 20210701111251707
1029	1029	Maxim Healthcare Staffing Services, Inc.
1030	1030	962 Wayne Avenue. Suite 600
1031	1031	Silver Spring, MD 20910
1032	1032	Exercise of
1033	1033	Option
1034	1034	Supplemental
1035	1035	Agreement
1036	1036	CONTRACT MODIFICATION/ CHANGE
1037	1037	ORDER
1038	1038	Letter Contract/
1039	1039	Contract
1040	1040	Extension
1041	1041	Modification to reflect new rates, as set forth in the enclosed
1042	1042	amendment.
1043	1043	The total contract amount shall not change.
1044	1044	Page
1045	1045	1 of2
1046	1046	ATTN: John Miller
1047	1047	(301)585-9773
1048	1048	www.maximhcalthcarc.com
1049	1049	/ hereby certify funds are sufficiently included in the District's FY 2021 budget
1050	1050	and financial plan io support this Contract.
1051	1051	DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1052	1052	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
1053	1053	United Medical Center,
1054	1054	an instrumentality of the District of Columbia government, hereinafter
1055	1055	known
1056	1056	as the “Hospital".
1057	1057	3a. Effective Date:
1058	1058	See box 13
1059	1059	3b. Date of Council
1060	1060	Approval: N/A
1061	1061	2. Address (Send invoices here)
1062	1062	Not-For-Profit Hospital Corporation
1063	1063	United Medical Center - Accounts Payable
1064	1064	1310 Southern Avenue, S.E.
1065	1065	Washington, D.C. 20032
1066	1066	5. Department(s) Using Goods or Services: Nursing Department
1067	1067	6. Contractor: name; address; phone number and email address
1068	1068	11. Modification to reflect new rates, as set forth in the enclosed amendment. All other terms and condition of the
1069	1069	Contract shall remain in effect.
1070	1070	15.CERTIFIC.
1071	1071	Signature:
1072	1072	________Lilian Chukwuma, NFPHC CFO
1073	1073	13. Signature ofContracling Officer: Marcela Maamari,
1074	1074	Chief Contracting Officer
1075	1075	c. K ykA-.
1076	1076	Signature: _____________________________
1077	1077	12. Name of Contractor:
1078	1078	Controller
1079	1079	mann
1080	1080	Signature: jeheyman@maxhealth.com
1081	1081	Dau:7/9/2021
1082	1082	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
1083	1083	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
1084	1084	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
1085	1085	Councilmembcrs introduced the Sense of the Council Not-for-profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
1086	1086	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
1087	1087	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
1088	1088	for private sector takeover of the ownership and management of the United Medical Center.
1089	1089	^f^----
1090	1090	Legal Sufficiency: •
1091	1091	Megan K. Dhillon, NFPHC Outside Counsel
1092	1092	!£LlpN 0? FUNDS DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1093	1093	AGREEMENT AMENDMENT
1094	1094	RECITALS
1095	1095	WHEREAS, FACILITY and MAXIM entered into the Agreement, with an effective date of 12/10/2020.
1096	1096	All other terms and conditions will
1097	1097	STAFFING
1098	1098	NFPHC - UNITED MEDICAL CENTER
1099	1099	Printed Name & Title
1100	1100	07/01/2021
1101	1101	DateDate
1102	1102	>i
1103	1103	Doc ID: 20210701104754367
1104	1104	This Amendment (hereinafter “Amendment”) to the Facility Staffing Agreement (hereinafter “Agreement”) is
1105	1105	entered into this 28th day of June, 2021, by and between The Not-for-Profit Hospital Corporation DBA United
1106	1106	Medical Center located at 1310 Southern Ave SE, Washington, DC 20032 , referred'to in this Agreement as
1107	1107	“FACILITY,” and Maxim Healthcare Staffing Services, Inc., a. Maryland Corporation including its affiliates-and
1108	1108	subsidiaries, with, an office located at 962 Wayne Avenue, Suite 600, Silver Spring, MD 20910, referred to in this
1109	1109	Agreement as “MAXIM.” ,,
1110	1110	WHEREAS, FACILTY and MAXIM wish to amend the Agreement to incorporate the following terms and
1111	1111	conditions. \
1112	1112	The terms and conditions of this Amendment are effective as of 6/28/2021.
1113	1113	remain unchanged as stated in the Agreement.
1114	1114	FACILITY and MAXIM have acknowledged their understanding of and agreement to the mutual promises written
1115	1115	above by executing and delivering this Agreement as of the date set forth above.
1116	1116	Copyright 2021
1117	1117	All Rights Reserved
1118	1118	axim
1119	1119	healthcare services
1120	1120	Services
1121	1121	RN \| ICU / CCU
1122	1122	RN \| ER
1123	1123	RN \| M/S
1124	1124	Rate
1125	1125	$132
1126	1126	$112
1127	1127	$110
1128	1128	__________________
1129	1129	Signature
1130	1130	Marcela Maamari, Chief Contracting Officer
1131	1131	Printed Name & Title
1132	1132	7/9/2021
1133	1133	MAXIM HEALTHCARE
1134	1134	SERVICE
1135	1135	bramcgee@maxhealth.com
1136	1136	Signature
1137	1137	Brandan McGee - Assistant Controller
1138	1138	Rate Amendment i
1139	1139	Maxim Healthcare Staffing Services, Inc. •
1140	1140	THEREFORE, in consideration of the above premises set forth herein, and for other good and valuable
1141	1141	consideration, the receipt and sufficiency of which are acknowledged by the parties, and intending to be legally
1142	1142	bound, FACILITY and MAXIM hereby agree to amend the Agreement to reflect the following terms and conditions.
1143	1143	The following rates shalbbe applicable as of the Effective Date listed below and are for new employees only.
1144	1144	' Employees already in contract shall not be impacted by the rates below: NFPHC-NSD-2I-C-00027
1145	1145	4. Requisition/Purchase Ordcr/Task Order/Modiflcation Number:
1146	1146	Modification #2
1147	1147	7. Subject:
1148	1148	Other:Change Order8.
1149	1149	X
1150	1150	CCO Initials:10. Total Contract Amount: 53,500,000.009. Modification/ChangcOrder Amount: $2,600,000.00
1151	1151	Maam3ii
1152	1152	Date:
1153	1153	Alex Prior: Controller Date:12.Name ofContractor:
1154	1154	7/7/2021
1155	1155	5/28/2021
1156	1156	Date: Legal Sufficiency:
1157	1157	FOR FNTERNAL PURPOSES ONLY
1158	1158	.: NFPHC ChiefOpcrating Officer
1159	1159	OCFO REVIEW APPROVAL
1160	1160	Maxim Healthcare Staffing Services, Inc.
1161	1161	962 Wayne Avenue, Suite 600
1162	1162	Silver Spring, MD 20910
1163	1163	Exercise of
1164	1164	Option
1165	1165	Supplemental
1166	1166	Agreement
1167	1167	CONTRACT MODIFICATION/ CHANGE
1168	1168	ORDER
1169	1169	Modification to increase NT E amount for the remainder of the
1170	1170	contract for the provision of supplemental staffing in nursing
1171	1171	specifically in the ICU and ER Department through December 9,
1172	1172	2021, at the new rates, as set forth in the enclosed Amendment.
1173	1173	No change to period; contract to be submitted to Council
1174	1174	Letter Contract/
1175	1175	Contract
1176	1176	Extension
1177	1177	/ hereby certify funds are sufficiently included in the District's FY 2021 budget
1178	1178	and financial plan to support this Contract.
1179	1179	ATTN: John Miller
1180	1180	(301)585-9773
1181	1181	www.maximhealthcare.com
1182	1182	Page
1183	1183	1 of 1
1184	1184	DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1185	1185	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
1186	1186	United Medical Center,
1187	1187	an instrumentality of the District of Columbia government, hereinafter
1188	1188	known as lhe“Hospitar’.
1189	1189	2. Address (Send invoicesherc)
1190	1190	Not-For-Profit Hospital Corporation
1191	1191	UnitedMcdical Center-Accounts Payable
1192	1192	1310 Southern Avenue, S.E.
1193	1193	Washington, D.C. 20032
1194	1194	5. Departmcnt(s)UsingGoods orScrvices: Nursing Department
1195	1195	6. Contractor: name; address; phone number and email address
1196	1196	3a. Effective Date:
1197	1197	Sec box 13
1198	1198	3b. DateofCouncil
1199	1199	Approval: TBD
1200	1200	Signature:
1201	1201	14. GENERAL COUNSEL - LEGAL SUFFICIENCY
1202	1202	13. Signature ofContractingOfficer:
1203	1203	Signature:
1204	1204	—OS
1205	1205	: NFPHC Budget Officer
1206	1206	MdTCfil3
1207	1207	ii. Modification to increase NTE amount for the remainder of the contract for the provision of supplemental
1208	1208	staffing in nursing specifically in the ICU and ER Department, and for telemetry services, through December 9,
1209	1209	2021, at the new rates, as set forth in the enclosed Amendment. All other terms and conditions of the Contract
1210	1210	shall remain in effect.
1211	1211	n 5/28/2021
1212	1212	Date: ________
1213	1213	— ps
1214	1214	COO REVIEW approval):
1215	1215	This contract appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and al I requisite approvals. In additions, the Hospital
1216	1216	continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandates while the Hospi tai
1217	1217	strives to meet: (i) its Establishment Act putposcs (D.C Official Code §44-95 1.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen
1218	1218	Councilmembcrs introduced the Sense ofthc Council Not-fcr-Profit Hospital Corporation Transformation and Sustainability Resolution of2014 (PRO-731)), which
1219	1219	expressed the desire that the Hospital move swiflly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year
1220	1220	2015 Budget Support Emergency Act of 2014(820-849). which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
1221	1221	for private sector takeover of the ownership and management of the United Medical Center.
1222	1222	OocuSignod by:
1223	1223	MegajHfe-EBSH6fiP>ai WtCOutside Counsel
1224	1224	15. CERTlFICATIOiy^PW^^^u
1225	1225	Signature: I
1226	1226	Lilian ChukwunCTft^ffi^" NFPHC-NSD-21-C-00027
1227	1227	4. Rcquisilion/Purchasc Ordcr/TaskOrder/Modificaiion Number:
1228	1228	Modification #1
1229	1229	7. Subject:
1230	1230	Other:Change Order8.
1231	1231	X
1232	1232	10. Total Contract Amount: 5900,000.009. Modification/Changc Order Amount: $600,000.00
1233	1233	Date:Date:Brandan McGee, Assistant
1234	1234	5/21/2021
1235	1235	Signature:
1236	1236	S
1237	1237	1
1238	1238	4/12/2021
1239	1239	Date: Legal Sufficiency:
1240	1240	FOR INTERNAL PURPOSES ONLY
1241	1241	NFPHC Chief Operating OfficerCOO REVIEW APPROVAL:..: NFPHC Budget OfficerOCFO REVIEW APPROVAL:.
1242	1242	Doc ID: 20210401115957952
1243	1243	Sertifi Electronic Signature
1244	1244	04/01/2021
1245	1245	I_______
1246	1246	Maxim Healthcare Staffing Services, Inc.
1247	1247	962 Wayne Avenue, Suite 600
1248	1248	Silver Spring, MD 20910
1249	1249	Exercise of
1250	1250	Option
1251	1251	Supplemental
1252	1252	Agreement
1253	1253	CONTRACT MODIFICATION/ CHANGE
1254	1254	ORDER
1255	1255	Letter Contract/
1256	1256	Contract
1257	1257	Extension
1258	1258	Modification to increase NT E amount for the remainder of the
1259	1259	contract for the provision of supplement al staffing in nursing
1260	1260	specifically
1261	1261	in the ICU and ER Department through December 9,
1262	1262	2021, and to reflect new rates, as set forth in the enclosed
1263	1263	Amendment.
1264	1264	/ hereby certify funds are sufficiently included in the District‘s FY 2021 budget
1265	1265	and financial plan to support this Contract.
1266	1266	Page
1267	1267	1 of3
1268	1268	ATTN: John Miller
1269	1269	(301)585-9773
1270	1270	www.maximhealthcarc.com
1271	1271	13.Signature of Contracting Officer: Marcela Maamari,
1272	1272	Contracting Officer
1273	1273	15.CERTIFK
1274	1274	Signature:____
1275	1275	Lilian Chukwuma, NFPHC CFO
1276	1276	DocuSign Envelope ID: D6CE3BQ4-EFE0-49CA-9BEB-5201F6C60613
1277	1277	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
1278	1278	United Medical Center,
1279	1279	an instrumentality of the District of Columbia government, hereinafter
1280	1280	known as the“Hospital”.
1281	1281	2. Address (Send invoices here)
1282	1282	Not-For-Profit Hospital Corporation
1283	1283	UnitedMedical Center-Accounts Payable
1284	1284	1310 Southern Avenue, S.E.
1285	1285	Washington, D.C. 20032
1286	1286	5. Department(s) UsingGoods or Services: Nursing Department
1287	1287	6. Contractor: name; address; phone number and email address
1288	1288	3a. Effective Date:
1289	1289	See box 13
1290	1290	3b. DatcofCouncil
1291	1291	Approval: N/A
1292	1292	11. Modification to increase NTE amount for the remainder of the contract for the provision of supplemental
1293	1293	staffing in nursing specifically in the ICU and ER Department through December 9, 2021, and to reflect new
1294	1294	rates, as set forth in the enclosed Amendment.
1295	1295	Megan K. Dhillon, NFPHC Outside Counsel
1296	1296	q^JONO>F FUNDS
1297	1297	OocID: 20210401115957952
1298	1298	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
1299	1299	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
1300	1300	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
1301	1301	Councilmcmbcrs introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of2014(PRO-73l)), which
1302	1302	expressed the desire (hat the Hospital moveswifily to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year
1303	1303	2015 Budget Support Emergency Act of 2014(820-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
1304	1304	for private sector takeover of the ownership and management of the UnitedMedical Center.
1305	1305	Dale:S/2O/2O21
1306	1306	12. Name ofContractor:
1307	1307	Controller
1308	1308	E-Signed: 04/01/2021 04:S9 PM EOT
1309	1309	bramcgee@maxhea1th.com
1310	1310	IP: 148.59.45.118 DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1311	1311	AGREEMENT AMENDMENT
1312	1312	RECITALS
1313	1313	WHEREAS, FACILITY and MAXIM entered into the Agreement, with an effectixe date of December 10th, 2020.
1314	1314	The following rates shall be applicable as of the Effective Date listed below:
1315	1315	Services
1316	1316	All other terms and
1317	1317	All
1318	1318	Doc ID: 20210401115957952
1319	1319	THEREFORE, in consideration of the above premises set forth herein, and for other good and valuable
1320	1320	consideration, the receipt and sufficiency of which are acknowledged by the parties, and intending to be
1321	1321	legally bound, FACILITY and MAXIM hereby agree to amend the Agreement to reflect the following terms and
1322	1322	conditions.
1323	1323	This Amendment (hereinafter “Amendment”) to the COVID-19 Addendum (hereinafter "Agreement”) is entered
1324	1324	into this ,4th day of March, 2021, by and between United Medical Center located at 1310 Southern Avs SE
1325	1325	Washington, DC 20032, referred to in this Agreement as "FACILITY,1’ and Maxim Healthcare Staffing
1326	1326	Services, Inc., a Maryland Corporation including its affiliates and subsidiaries, with an office located at 962
1327	1327	Wayne Avenue Suite 600 Silver Spring, MD 20910, referred to in this Agreement as “MAXIM.”
1328	1328	WHEREAS, FACILTY and MAXIM wish to amend the Agreement to incorporate the following terms and
1329	1329	conditions.
1330	1330	The terms and conditions of this Amendment are effective as of March 4th, 2021.
1331	1331	conditions will remain unchanged as stated in the Agreement.
1332	1332	I
1333	1333	1
1334	1334	S'? maxim
1335	1335	healthcare services
1336	1336	RN - ICU
1337	1337	RN-ER
1338	1338	RN - Telemetry
1339	1339	Rate
1340	1340	$180.00
1341	1341	$150.00
1342	1342	$135.00
1343	1343	Rate Amendment
1344	1344	Copyright 2021
1345	1345	Maxim Healthcare Staffing Services, Inc.
1346	1346	Rights Reserved
1347	1347	\ DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1348	1348	i
1349	1349	UNITED MEDICAL CENTER STAFFING
1350	1350	Printed Name & Title
1351	1351	04/01/2021
1352	1352	• \
1353	1353	DateDate
1354	1354	1
1355	1355	•5
1356	1356	2
1357	1357	Doc ID: 20210401115957952I
1358	1358	I
1359	1359	FACILITY and MAXIM have acknowledged their understanding of and agreement to the mutual promises .
1360	1360	written above by executing and delivering this Agreement as of the date set forth above.
1361	1361	Signature
1362	1362	Brandan McGee, Assistant Controller
1363	1363	Signature '
1364	1364	Marcela Maamari, Contracting Officer
1365	1365	Printed Name & Title
1366	1366	5/21/2021
1367	1367	MAXIM HEALTHCARE
1368	1368	SERVICES, INC.:
1369	1369	■ Dramcgee@maxhealth.com NFPHC-NSD-21-C-00027
1370	1370	4. Requisilion/Purchase Ordcr/Task Order/Modification Number:
1371	1371	Modification#!
1372	1372	7. Subject:
1373	1373	Other:Change Order8.
1374	1374	X
1375	1375	10. Total Contract Amount: 5900,000.009. Modification/ChangeOrder Amount: $600,000.00
1376	1376	Date:Date:Brandan McGee, Assistant
1377	1377	5/21/2021
1378	1378	Signature:
1379	1379	S
1380	1380	I
1381	1381	4/12/2021
1382	1382	Date: Legal Sufficiency:
1383	1383	FOR INTERNAL PURPOSES ONLY
1384	1384	,: NFPHC Chief Operating OfficerCOO REVIEW APPROVAL:..: NFPHC Budget OfficerOCFO REVIEW APPROVAL:.
1385	1385	Doc ID: 20210401115957952
1386	1386	Scrtifi Electronic Signature
1387	1387	04/01/2021
1388	1388	I_______
1389	1389	Maxim Healthcare Staffing Services, Inc.
1390	1390	962 Wayne Avenue, Suite 600
1391	1391	Silver Spring, MD 20910
1392	1392	Exercise of
1393	1393	Option
1394	1394	Supplemental
1395	1395	Agreement
1396	1396	CONTRACT MODIFICATION/ CHANGE
1397	1397	ORDER
1398	1398	Letter Contract/
1399	1399	Contract
1400	1400	Extension
1401	1401	Modification to increase NT E amount for the remainder of the
1402	1402	contract for the provision of supplemental staffing in nursing
1403	1403	specifically
1404	1404	in the 1CU and ER Department through December 9,
1405	1405	2021, andto reflect new rates, as set forth in the enclosed
1406	1406	Amendment.
1407	1407	Page
1408	1408	1 of 3
1409	1409	ATTN: John Miller
1410	1410	(301) 585-9773
1411	1411	www.maximhealthcare.com
1412	1412	13. Signature of ContractingOfficer: Marcela Maamari,
1413	1413	Contracting Officer
1414	1414	A/L
1415	1415	15.CERTIFK
1416	1416	Signature:___
1417	1417	Lilian Chukwuma, NFPHC CFO
1418	1418	11. Modification to increase NTE amount for the remainder of the contract for the provision of supplemental
1419	1419	staffing in nursing specifically in the ICU and ER Department through December 9, 2021, and to reflect new
1420	1420	rates, as set forth in the enclosed Amendment.
1421	1421	3a. Effective Date:
1422	1422	See box 13
1423	1423	3b. Dale ofCouncil
1424	1424	Approval: N/A
1425	1425	2. Address (Send invoiceshcrc)
1426	1426	Not-For-Profit Hospital Corporation
1427	1427	UnitedMedical Center-Accounts Payable
1428	1428	1310 Southern Avenue, S.E.
1429	1429	Washington, D.C. 20032
1430	1430	5. Department(s) UsingGoods or Services: Nursing Department
1431	1431	6. Contractor: name; address; phone number and email address
1432	1432	DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1433	1433	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
1434	1434	UnitedMedical Center,
1435	1435	an instrumentality of the District of Columbia government, hereinafter
1436	1436	known as the“Hospital”.
1437	1437	Megan K. Dhillon, NFPHC OutsideCounsel
1438	1438	GgONQiF FUNDS
1439	1439	DoclD: 20210401115957952
1440	1440	This contract appeare legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital
1441	1441	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
1442	1442	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
1443	1443	Councilmembers introduced the Sense of the Council Nol-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
1444	1444	expressed the desire that the Hospital moveswiflly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year
1445	1445	2015 Budget Support Emergency Act of 2014(620-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
1446	1446	for private sector takeover of the ownership and management of the United Medical Center.
1447	1447	Date;5/20/2021
1448	1448	/ hereby certify funds are sufficiently included in the District's FY 2021 budget
1449	1449	and financial plan to support this Contract.
1450	1450	12. Name of Contractor:
1451	1451	Controller
1452	1452	E-Signed: 04/01/2021 04:59 PM EOT
1453	1453	bramcgee@maxhealtn.com
1454	1454	IP: 148.59.45.115 DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1455	1455	AGREEMENT AMENDMENT
1456	1456	RECITALS
1457	1457	WHEREAS, FACILITY and MAXIM entered into the Agreement, with an effecti\« date of December 10th, 2020.
1458	1458	The following rates shall be applicable as of the Effective Date listed below:
1459	1459	Services
1460	1460	All other terms and
1461	1461	All
1462	1462	Doc ID: 20210401115957952
1463	1463	Rate Amendment
1464	1464	Copyright 2021
1465	1465	Maxim Healthcare Staffing Services, Inc.
1466	1466	Rights Reserved
1467	1467	WHEREAS, FACILTY and MAXIM wish to amend the Agreement to incorporate the following terms and
1468	1468	. conditions.
1469	1469	This Amendment (hereinafter "Amendment”) to the COVID-19 Addendum (hereinafter “Agreement”) is entered
1470	1470	into this 4th day of March, 2021, by and between United Medical Center located at 1310 Southern Ave SE z
1471	1471	Washington, DC 20032, referred to in, this Agreement as “FACILITY," and Maxim Healthcare Staffing
1472	1472	Services, Inc., a Maryland Corporation including its affiliates and subsidiaries, with an office located at 962
1473	1473	Wayne Avenue Suite 600 Silver Spring, MD 20910, referred to in this Agreement as “MAXIM.”
1474	1474	The*terms and conditions of this Amendment are effective as of March 4th, 2021.
1475	1475	conditions will remain unchanged as stated in the Agreement.
1476	1476	THEREFORE, in consideration of the above premises set forth herein, and for other good and valuable
1477	1477	consideration, the receipt and sufficiency of which are acknowledged by the parties, and intending to be
1478	1478	legally bound, FACILITY and’MAXIM hereby agree to amend the Agreement to reflect the following terms and
1479	1479	conditions. '
1480	1480	i
1481	1481	■ i
1482	1482	i
1483	1483	RN - ICU
1484	1484	RN - ER
1485	1485	RN - Telemetry
1486	1486	Rate
1487	1487	$180.00
1488	1488	$150.00
1489	1489	$135.00
1490	1490	, maxim
1491	1491	healthcare services DocuSign Envelope ID/D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1492	1492	I.
1493	1493	STAFFINGUNITED MEDICAL CENTER
1494	1494	04/01/2021
1495	1495	Date Date
1496	1496	f
1497	1497	2
1498	1498	DOC ID: 20210401115957952
1499	1499	I
1500	1500	i
1501	1501	r
1502	1502	i
1503	1503	FACILITY and MAXIM hava acknowledged their understanding of and agreement to the mutual promises
1504	1504	written above by executing and delivering this Agreement as of the date set forth above.
1505	1505	Signature
1506	1506	Marcela Maamari, Contracting Officer
1507	1507	Printed Name & Title
1508	1508	5/21/2021
1509	1509	MAXIM HEALTHCARE
1510	1510	SERVICES, INC.:
1511	1511	Signature t>'■amcgee@maxhealth.com
1512	1512	Brandan McGee, Assistant Controller
1513	1513	Printed Name & Title DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1514	1514	Page 1 of 17
1515	1515	NFPHC-NSD-21-C-00027
1516	1516	2. Address
1517	1517	4b. Dcpartment(s) Using Goods or Services:
1518	1518	Nursing Department
1519	1519	6. Subject:5. Contractor:
1520	1520	DescriptionSection
1521	1521	11 A. Name of Contracting Officer: Colenc Y. Daniel, Chief Executive Officer
1522	1522	IOC. Date Signed
1523	1523	12/30/2020
1524	1524	12. GENERAL COUNSEL - LEGAL SUFFICIENCY
1525	1525	: NFPHC Chief Operating OfficerCOO REVIEW APPROVAL: : NFPHC Budget Officer
1526	1526	Page 1NOT-FOR-PROFIT HOSPITAL CORPORATION
1527	1527	Doc ID: 20201230131207515
1528	1528	Provision of supplemental staffing in nursing specifically in the ICU and ER
1529	1529	Department.
1530	1530	NOT-FOR-PROFIT HOSPITAL CORPORATION,
1531	1531	commonly known as United Medical Center,
1532	1532	an instrumentality of the District of Columbia government,
1533	1533	hereinafter known as the “Hospital”.
1534	1534	Not-For-Profit Hospital Corporation
1535	1535	Accounts Payable
1536	1536	1310 Southern Avenue, S.E.
1537	1537	Washington, D.C. 20032
1538	1538	Maxim Healthcare Staffing Services, Inc.
1539	1539	962 Wayne Avenue, Suite 600
1540	1540	Stiver Spring, MD 20910
1541	1541	/ hereby certify funds are sufficiently included in the District's FY
1542	1542	2021 budget and financial plan to support this Contract.
1543	1543	ATTN: John Miller
1544	1544	(301)585-9773
1545	1545	www.maximhealthcarc.com
1546	1546	3c. Date of Council Approval:
1547	1547	N/A
1548	1548	4a. Rcquisition/Purchasc Ordcr/Task Order.
1549	1549	N/A
1550	1550	11C. Date Signed
1551	1551	12/31/2020
1552	1552	10. CONTRACTOR
1553	1553	By: Authorized Contractor Representative
1554	1554	11. NOT-FOR-PROFIT HOSPITAL CORPORATION
1555	1555	By: Authorized Contracting Officer
1556	1556	I IB. Signature
1557	1557	Agreement for Contractor to provide supplemental nursing staff for Hospital.
1558	1558	Addendum to Agreement to set forth certain provisions applicable during the COVID-19 outbreak.
1559	1559	Facility Staffing Agreement
1560	1560	COVID-19 Addendum
1561	1561	7. Base Year Funding Request: $300,000.00
1562	1562	8. Number of Option Years: 4
1563	1563	9.
1564	1564	3a. Effective Date; December 10,
1565	1565	2020___________________________
1566	1566	3b. Date work begins if different from
1567	1567	Effective Date: N/A
1568	1568	_________CONTRACT
1569	1569	I. Contract Number:
1570	1570	IOA. Name and Title: (Type or print):
1571	1571	Brandan McGee - Asst. Controller
1572	1572	IOB. Signature:
1573	1573	OCFO REVIEW APPROVAL:
1574	1574	12/30/2020
1575	1575	Date:
1576	1576	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
1577	1577	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
1578	1578	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 Councilmembers
1579	1579	introduced the Sense of the Council Not-for-Profii Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which expressed the desire that the
1580	1580	Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support
1581	1581	Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals for private sector
1582	1582	takeover of the ownership and management of the United Medical Center.
1583	1583	Approved as to Legal Sufficiency:
1584	1584	__________________________________
1585	1585	._____Megan K. Dhillon. NFPHC Outside Counsel
1586	1586	13. CFO - CERTIFICATIONJDF FUNDS
1587	1587	12/31/2020
1588	1588	Certification of Funds: ( ______________ Date:
1589	1589	Lilian ChuEwuma, NFPHC Chief Financial Officer
1590	1590	FOR INTERNAL PURPOSES ONLY DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1591	1591	FACILITY STAFFING AGREEMENT
1592	1592	RECITALS
1593	1593	ARTICLE 1. TERM OF AGREEMENT
1594	1594	Section 1.1
1595	1595	Section 1.2
1596	1596	ARTICLE 2. RESPONSIBILITIES OF MAXIM
1597	1597	Section 2.1
1598	1598	Doc ID: 20201230131207515
1599	1599	Facility Staffing Agreement
1600	1600	Maxim Healthcare Staffing Services, Inc.
1601	1601	Term. This Agreement will be in effect for one (1) year, commencing on the
1602	1602	Effective Date and concluding twelve (12) months thereafter on the Expiration
1603	1603	Date. Prior to the Expiration Date, FACILITY may in its sole discretion and by
1604	1604	written notice to MAXIM extend this Agreement for up to four (4) additional
1605	1605	one-year optional terms. Such written notice shall be provided to MAXIM no
1606	1606	later than sixty (60) days prior to the expiration of the then-current term, and
1607	1607	shall be subject to MAXIM’S then-current pricing. The total duration of this
1608	1608	Agreement, including the exercise of any optional terms, shall not exceed fixe
1609	1609	(5) years from the Effective Date.
1610	1610	V.1.1 -2020.08
1611	1611	Copyright 2020 - All Rights Reserved
1612	1612	maxim
1613	1613	healthcare services
1614	1614	WHEREAS, MAXIM operates a supplemental staffing agency and employs licensed health
1615	1615	care personnel to provide healthcare services to FACILITY.
1616	1616	This Facility Staffing Agreement (hereinafter '‘Agreement”) is entered into this 10th day of
1617	1617	December, 2020, by and between United Medical Center located at 1310 Southern Ave SE
1618	1618	Washington, DC 20032, referred to in this Agreement as '‘FACILITY," and Maxim Healthcare
1619	1619	Staffing Services, Inc., a Maryland Corporation including its affiliates and subsidiaries, with
1620	1620	an office located at 962 Wayne Avenue Suite 600 Silver Spring, MD 20910 referred to in this
1621	1621	Agreement as "MAXIM.”
1622	1622	Termination. Either party may terminate this Agreement at any time, with or
1623	1623	without cause, by providing at least thirty (30) days advance written notice of
1624	1624	the termination date to the other party. If termination cause is payment
1625	1625	default, MAXIM may terminate this Agreement upon seven (7) days advance
1626	1626	written notice of the termination date to FACILITY. Such termination will have
1627	1627	no effect upon the rights and obligations resulting from any transactions
1628	1628	occurring prior to the effective date of the termination.
1629	1629	THEREFORE, in consideration of the above premises set forth herein, and for other good and
1630	1630	valuable consideration, the receipt and sufficiency of which are acknowledged by the parties,
1631	1631	and intending to be legally bound, FACILITY and MAXIM hereby agree to the following terms
1632	1632	and conditions.
1633	1633	WHEREAS, FACILITY operates a Hospital located in Washington D.C. and wishes to
1634	1634	engage MAXIM to provide personnel to supplement FACILITY'S staff.
1635	1635	Services. Maxim will, upon request by FACILITY, provide one or more
1636	1636	licensed healthcare providers (i.e. LPNs, LVNs, RNs, CNAs) or other non-
1637	1637	clinical personnel ("Non-Clinical Personnel”) as specified by FACILITY DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1638	1638	Section 2.2
1639	1639	3)
1640	1640	4)
1641	1641	5)
1642	1642	r
1643	1643	6)
1644	1644	7)
1645	1645	Section 2.3
1646	1646	Section 2.4
1647	1647	Doc ID: 20201230131207515
1648	1648	1)
1649	1649	2)
1650	1650	Facility Staffing Agreement
1651	1651	Maxim Healthcare Staffing Services, Inc.
1652	1652	V.1.1 -2020.08
1653	1653	Copyright 2020 - All Rights Reserved
1654	1654	(collectivaly Personnel) for supplemental staffing services, subject to the
1655	1655	availability of qualified Personnel. In the event FACILITY requires MAXIM to
1656	1656	provide non-clinical Personnel with the Personnel Requirements as outlined in
1657	1657	Section 2.2, FACILITY shall notify MAXIM in writing of its request to abide by
1658	1658	such Personnel Requirements. Subject to the terms of Section 6.8 of this
1659	1659	Agreement, to the extent that MAXIM is unable to provide the type of
1660	1660	healthcare provider requested by FACILITY, MAXIM will provide FACILITY with
1661	1661	a higher skilled healthcare provider. MAXIM must, however, bill that higher
1662	1662	skilled provider at that provider’s fair market value rate.
1663	1663	Use of Independent Contractorsand Subcontractors. Personnel provided
1664	1664	to FACILITY are employees of MAXIM and are subject to MAXIM'S standard
1665	1665	screening process, as well as additional qualifications as required in this
1666	1666	Agreement. If MAXIM deems it necessary to obtain the services of a
1667	1667	subcontractor to fulfill its requirements under this Agreement, MAXIM will
1668	1668	notify FACILITY in writing of its intent to use subcontractors and will obtain
1669	1669	written approval from FACILITY. MAXIM will ensure that any subcontractor
1670	1670	will comply with all applicable terms of this Agreement. MAXIM will provide
1671	1671	written notification to FACILITY if it becomes necessary for MAXIM to utilize
1672	1672	independent contractors to fulfill its staffing obligations to FACILITY. Any
1673	1673	Personnel provided to FACILITY by an independent contractor will be subject
1674	1674	to the same qualifications as MAXIM employees.
1675	1675	Personnel. MAXIM will supply FACILITY with Personnel who meet the
1676	1676	following criteria and will provide evidence of the following to FACILITY upon
1677	1677	written request:
1678	1678	Possess current state license/registration and/or certification.
1679	1679	Possess CPR certification, as requested in writing by FACILITY to
1680	1680	comply with applicable law.
1681	1681	Completed pre-employment physical as requested in writing by
1682	1682	FACILITY to comply with applicable law.
1683	1683	Possess proof of pre-employment screening to include: (a) TB skin
1684	1684	test or chest X-ray as required by law, (b) criminal background
1685	1685	check(s), (c) drug screenings as requested in writing, and (d) anything
1686	1686	additional as required by the Agreement.
1687	1687	Possess a preferred one (1) year of relevant professional experience
1688	1688	and a preferred one (1) year of specialty experience.
1689	1689	Possess current skills competency to include, (i) written exam; (ii)
1690	1690	skills checklist; and (iii) verified work history.
1691	1691	Completed MAXIM standard OSHA and HIPAA training.
1692	1692	Insurance. MAXIM will maintain (at its sole expense), or require the
1693	1693	individuals it provides under this Agreement to maintain, valid policies of
1694	1694	insurance evidencing general and professional liability coverage of not less
1695	1695	than $1,000,000 per occurrence and $3,000,000 in the aggregate, covering the
1696	1696	sole negligent acts or omissions which may give rise to liability for services
1697	1697	provided under this Agreement. MAXIM will provide a certificate of insurance
1698	1698	evidencing such coverage upon request by FACILITY. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1699	1699	Section 2.5
1700	1700	Section 2.6
1701	1701	ARTICLE 3. RESPONSIBILITIES OF FACILITY
1702	1702	Section 3.1
1703	1703	Section 3.2
1704	1704	Section 3.3
1705	1705	Section 3.4
1706	1706	Section 3.5
1707	1707	Doc ID: 20201230131207515
1708	1708	Facility Staffing Agreement
1709	1709	Maxim Healthcare Staffing Services, Inc.
1710	1710	Record Access. In instances where FACILITY is Medicare and/or Medicaid
1711	1711	‘ certified, MAXIM agrees that in accordance with Section 952 of the Omnibus
1712	1712	Budget Reconciliation Act of 1980, its contracts, books, documents and
1713	1713	records will be made available to the Comptroller General of the United
1714	1714	States, the United States Department of Health and Human Services and their
1715	1715	duly authorized representatives ("USDHHS") until the expiration of four (4)
1716	1716	years after the date on which such services were furnished under this
1717	1717	Agreement.
1718	1718	V.1.1 - 2020.08
1719	1719	Copyright 2020 - All Rights Reserved
1720	1720	Employment and Taxes. MAXIM will follow its standard employment
1721	1721	policies and procedures to verify that all Personnel meet applicable licensing
1722	1722	requirements. MAXIM, or its subcontractor if applicable, will maintain direct
1723	1723	responsibility as employer for the payment of wages and other compensation,
1724	1724	and for any applicable mandatory withholdings and contributions such as
1725	1725	federal, state, and local income taxes, social security taxes, worker’s
1726	1726	compensation, and unemployment insurance. To the extent FACILITY is not
1727	1727	tax exempt, FACILITY shall be responsible for any sales tax, gross receipts
1728	1728	tax, excise tax or other state taxes applicable to the Services provided by
1729	1729	MAXIM.
1730	1730	Staff Order Cancellation. If FACILITY changes or cancels an order less
1731	1731	than eight (8) hours prior to the start of a shift, MAXIM will bill FACILITY for
1732	1732	four (4) hours at the established fee for each scheduled Personnel. MAXIM
1733	1733	- will be responsible for contacting MAXIM Personnel prior to reporting time.
1734	1734	Short-notice Requests. MAXIM will bill FACILITY for the entire shift if an
1735	1735	order for staff is made less than eight (8) hour(s) prior to the start of the shift,
1736	1736	as long as the Personnel report for work within a reasonable prompt period of
1737	1737	time under existing conditions after receiving notice of the assignment.
1738	1738	I
1739	1739	Requests for Personnel. FACILITY will use its best efforts to request
1740	1740	Personnel at least twenty-four (24) hours prior to reporting time in order to
1741	1741	assure prompt arrival of assigned Personnel. All information regarding
1742	1742	reporting time and assignment will be provided by FACILITY at the time of the
1743	1743	initial call.
1744	1744	Orientation. FACILITY will promptly provide MAXIM Personnel with an
1745	1745	adequate and timely orientation to FACILITY. FACILITY shall review
1746	1746	instructions regarding confidentiality (including patient and employee), and
1747	1747	orient MAXIM Personnel to the specific Exposure Control Plan of the
1748	1748	FACILITY as it pertains to OSHA requirements for bloodborne pathogens, as
1749	1749	well as any of the FACILITY’S specific policies and procedures provided to
1750	1750	MAXIM for such purpose.
1751	1751	Responsibility for Patient Care. FACILITY retains full authority and
1752	1752	responsibility for professional and medical management of care for each of its
1753	1753	patients and for ensuring that services provided by MAXIM Personnel under
1754	1754	this agreement are furnished in a safe and effective manner and in accordance
1755	1755	with applicable standards. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1756	1756	Section 3.6
1757	1757	andtraining,
1758	1758	Conversion Fee
1759	1759	Section 3.7
1760	1760	Section 3.8
1761	1761	Section 3.9
1762	1762	Doc ID: 20201230131207515
1763	1763	This Section 3.6 notwithstanding, CLIENT may hire any Personnel provided by
1764	1764	MAXIM once Personnel have completed a minimum number of hours of work
1765	1765	for CLIENT through MAXIM, according to the following schedule:
1766	1766	Float Policy. Subject to prior written notification, FACILITY may reassign
1767	1767	Personnel to a different FACILITY department, unit, facility, or to a different
1768	1768	V.1.1 -2020.08
1769	1769	Copyright 2020 - All Rights Reserved
1770	1770	Aggregate Hours Worked By Personnel
1771	1771	For Client in a Twelxe (12) month period
1772	1772	Prior to completing 200 hours_______
1773	1773	After Completions of 400 hours______
1774	1774	After Completions of 600 hours______
1775	1775	After Completions of 800 hours______
1776	1776	After Completions of 1080 hours_____
1777	1777	30 % of annualized starting salary
1778	1778	20 % of annualized starting salary
1779	1779	15 % of annualized starting salary
1780	1780	10 % of annualized starting salary
1781	1781	5 % of annualized starting salary
1782	1782	Facility Staffing Agreement
1783	1783	Maxim Healthcare Staffing Services, Inc.
1784	1784	Non-Performance. If FACILITY concludes, in its sole discretion, that any
1785	1785	Personnel provided by MAXIM ha\e engaged in misconduct, or ha\e been
1786	1786	negligent, FACILITY may require the Personnel to lea\® the premises and will
1787	1787	notify MAXIM immediately in writing, providing in reasonable detail the
1788	1788	reason(s) for such dismissal. FACILITY'S obligation to compensate MAXIM for
1789	1789	such Personnel's services will be limited to the number of hours actually
1790	1790	worked. MAXIM will not reassign the individual to FACILITY without prior
1791	1791	approval of the FACILITY.
1792	1792	Placement Fee. For a period of twel\« (12) months following that date on
1793	1793	which MAXIM Personnel last worked a shift at FACILITY, FACILITY agrees
1794	1794	that it will take no steps to recruit, hire or employ as its own employees or as
1795	1795	a contractor those Personnel provided by MAXIM during the term of this
1796	1796	Agreement. FACILITY understands and agrees that MAXIM is not an
1797	1797	employment agency and that Personnel are assigned to the FACILITY to
1798	1798	render temporary service(s) and are not assigned to become employed by the
1799	1799	FACILITY. The FACILITY further acknowledges and agrees that there is a
1800	1800	substantial investment in business related costs incurred by MAXIM in
1801	1801	recruiting, training and employing Personnel, to include adxertisement,
1802	1802	recruitment, interviewing, evaluation, reference checks,
1803	1803	supervising Personnel. In the exent that FACILITY, or any affiliate, subsidiary,
1804	1804	department, or division of FACILITY hires, employs or solicits MAXIM
1805	1805	Personnel, FACILITY will be in breach of this Agreement. FACILITY agrees to
1806	1806	give MAXIM either (a) one hundred and eighty (180) days prior written notice
1807	1807	of its intent to hire, or employ, continuing to staff Personnel through MAXIM
1808	1808	for.a minimum of thirty-six (36) hours per week through the one hundred and
1809	1809	eighty (180) days notice period; OR (b) to pay MAXIM a placement fee equal
1810	1810	to the greater of: five thousand dollars ($5,000) or the sum of thirty percent
1811	1811	(30%) of such Personnel's annualized salary (calculated as Weekday Hourly
1812	1812	Pay Rate x 2080 Hours x 30%). The obligations set forth in this Section shall
1813	1813	survix® the termination of this Agreement.
1814	1814	Right to Dismiss. FACILITY may request the dismissal of any MAXIM
1815	1815	Personnel for any reason. FACILITY agrees to notify MAXIM of any such
1816	1816	action immediately in writing, providing in reasonable detail the reason(s) for
1817	1817	such dismissal. FACILITY shall be obligated to compensate MAXIM for all
1818	1818	Personnel hours worked prior to dismissal. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1819	1819	Section 3.10
1820	1820	Section 3.11
1821	1821	ARTICLE 4. MUTUAL RESPONSIBILITIES
1822	1822	Section 4.1
1823	1823	ARTICLES. COMPENSATION
1824	1824	Section 5.1
1825	1825	Section 5.2
1826	1826	Doc ID: 20201230131207515
1827	1827	Facility Staffing Agreement
1828	1828	Maxim Healthcare Staffing Services, Inc.
1829	1829	Invoicing. MAXIM will supply Personnel under this. Agreement at the rates
1830	1830	listed in the Attachment(s). MAXIM will submit inwices to FACILITY every
1831	1831	week for Personnel provded to FACILITY during the preceding week. Invoices
1832	1832	shall be submitted to the following address:
1833	1833	Payment. All amounts due to MAXIM are due and payable within fifteen (15)
1834	1834	days from date of invoice. FACILITY will send all payments to the address
1835	1835	set forth on the invoice.
1836	1836	V.1.1 -2020.08
1837	1837	Copyright 2020 - All Rights Reserved
1838	1838	Incident Reports. FACILITY shall report to MAXIM any unexpected incident
1839	1839	known to involve any Personnel (such as Personnel errors, unanticipated
1840	1840	deaths or other unanticipated patient-related events or injuries known to be
1841	1841	attributable to Personnel, and any safety hazards known to be related to the
1842	1842	services provided by Personnel) if the incident may have an adverse impact on
1843	1843	the FACILITY and/or MAXIM in order to comply with MAXIM’S incident
1844	1844	tracking program. Complaints and grievances regarding MAXIM Personnel
1845	1845	may be reported to the local MAXIM representative at any time.
1846	1846	Non-discrimination. Neither MAXIM nor FACILITY will discriminate on the
1847	1847	basis of age, race, color, national origin, religion, sex, disability, being a
1848	1848	qualified
1849	1849	disabled veteran, being a qualified veteran of the Vietnam era, or any
1850	1850	other category protected by law.
1851	1851	Insurance. FACILITY will maintain at its sole expense valid policies of
1852	1852	general and professional liability insurance with minimum limits of $1,000,000
1853	1853	per occurrence and $3,000,000 annual aggregate covering the acts or
1854	1854	omissions of its employees, contractors and agents which may givs rise to
1855	1855	liability in connection with the Services under this Agreement. FACILITY will
1856	1856	give MAXIM prompt written notice of any material change in FACILITY
1857	1857	coverage.
1858	1858	staff classification (hereinafter “Float”), if Personnel satisfy the requisite
1859	1859	specialty qualifications. If FACILITY Floats Personnel, the Personnel must
1860	1860	perform the duties of the revised assignment as if the revised assignment
1861	1861	were
1862	1862	the original assignment. FACILITY will provide the Personnel with
1863	1863	additional orientation regarding the Float as necessary. If Personnel Floats to
1864	1864	a staff classification that has a lower reimbursement rate, then the
1865	1865	reimbursement rate that was applicable to the original Personnel assignment
1866	1866	remains the applicable reimbursement rate despite the Float. If Personnel
1867	1867	Floats to a staff classification that has a higher reimbursement rate, then the
1868	1868	reimbursement rate that is applicable to the newly assigned staff
1869	1869	classification is the applicable reimbursement rate for as long as the
1870	1870	Personnel continues to work in that staff classification.
1871	1871	United Medical Center
1872	1872	1310 Southern Avenue SE
1873	1873	Washington, DC 20032
1874	1874	ATTN: Herlinda Brown DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1875	1875	Section 5.3
1876	1876	Section 5.4
1877	1877	Section 5.5
1878	1878	ARTICLE 6. TRAVEL SERVICES
1879	1879	Section 6.1
1880	1880	Section 6.2
1881	1881	Section 6.3
1882	1882	Section 6.4
1883	1883	Section 6.5
1884	1884	Doc ID: 20201230131207515
1885	1885	Facility Staffing Agreement
1886	1886	Maxim Healthcare Staffing Services, Inc. ;
1887	1887	Bankruptcy by FACILITY. FACILITY agrees that in the event FACILITY files
1888	1888	bankrupty, (i) to the extent MAXIM pays the salary and other direct labor
1889	1889	costs of MAXIM Personnel it provides to FACILITY and such amounts incurred
1890	1890	within one-hundred eighty (180) days prior to bankruptcy are not paid by
1891	1891	FACILITY to MAXIM prior to bankruptcy, and/or (ii) FACILITY is the assignee
1892	1892	of claims held by such MAXIM Personnel against FACILITY for such amounts
1893	1893	incurred within one-hundred eighty (180) days prior to bankruptcy, then
1894	1894	MAXIM has a claim against FACILITY in bankruptcy for the amount of such
1895	1895	salary and other direct labor costs, which is entitled to a priority under 11
1896	1896	U.S.C. §507(a)(4). All pre-bankruptcy conduct, including amounts due and.
1897	1897	actions related to payment that could be brought by FACILITY are released.
1898	1898	Assignment Continuation. FACILITY agrees that all Travel Personnel
1899	1899	introduced by MAXIM and/or accepted for assignment by FACILITY, will
1900	1900	V.1.1 -2020.08
1901	1901	Copyright 2020 - All Rights Reserved
1902	1902	Late Payment. Payments not received within fifteen (15) days from
1903	1903	the applicable invoice date will accumulate interest, until paid, at the rate of
1904	1904	one percent (1%) per month on the unpaid balance, equating to an annual
1905	1905	percentage rate of twelve percent (12%), or the maximum rate permitted by
1906	1906	applicable law, whichever is less.
1907	1907	Travel Services. In addition to the Services outlined herein, MAXIM provides
1908	1908	supplemental travel staffing services and agrees to assign such personnel
1909	1909	(“Travel Personnel”) to work such specified assignments as agreed to by the
1910	1910	Parties. To the extent Travel Personnel are assigned, the terms of this Article
1911	1911	shall apply.
1912	1912	Travel Coordination. MAXIM shall be solely responsible for coordinating
1913	1913	Travel Personnel’s travel assignments to FACILITY including housing, payroll
1914	1914	and related functions.
1915	1915	Annual Rate Increases. FACILITY agrees to and accepts annual rate
1916	1916	increases at the percentage listed on Attachment A of this Agreement.
1917	1917	Travel Assignment Cancellation. MAXIM may cancel the remaining term
1918	1918	of an assignment with notification to FACILITY. MAXIM will use its best
1919	1919	efforts to provide a qualified replacement for such cancelled Travel Personnel
1920	1920	within fourteen (14) days from the date of notification.
1921	1921	Interviews. MAXIM will provide FACILITY with names of Travel Personnel
1922	1922	interested in traveling assignments and provide all pertinent information
1923	1923	requested by FACILITY for an interview. FACILITY reserves the right to
1924	1924	conduct a telephone interview with any Travel Personnel prior to accepting
1925	1925	such Travel Personnel for assignment. If FACILITY requests a face-to-face
1926	1926	interview, MAXIM will bill FACILITY for cost of travel and lodging. FACILITY
1927	1927	has the opportunity to interview all interested Personnel recruited by MAXM,
1928	1928	before said Travel Personnel provide Services. Therefore, MAXM will not have
1929	1929	any liability to FACILITY if said Travel Personnel fails to meet his/her
1930	1930	requirements. Additionally, FACILITY will not be relieved of paying MAXM the
1931	1931	established fees set forth in this Agreement for said Travel Personnel. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1932	1932	Section 6.6
1933	1933	Section 6.7
1934	1934	Section 6.8
1935	1935	Section 6.9
1936	1936	ARTICLE 7. GENERAL TERMS
1937	1937	Section 7.1
1938	1938	Doc ID: 20201230131207515
1939	1939	Facility Staffing'Agreement
1940	1940	Maxim Healthcare Staffing Services, Inc.
1941	1941	V.1.1 -2020.08
1942	1942	Copyright 2020. - All Rights Reserved
1943	1943	Travel Personnel Non-Performance. If FACILITY concludes, in its sole
1944	1944	discretion, that any Personnel prodded by MAXIM have engaged in
1945	1945	misconduct, or have been negligent, FACILITY may require the Personnel to
1946	1946	leave the premises and will notify MAXIM immediately in writing, providing in
1947	1947	reasonable detail the reason(s) for such dismissal. FACILITY'S obligation to
1948	1948	compensate MAXIM for such Personnel's services will be limited to the
1949	1949	number of hours actually worked. MAXIM will not reassign the individual to
1950	1950	FACILITY without prior approval of the FACILITY.
1951	1951	Incorporation of Assignment Confirmations. FACILITY agrees that any
1952	1952	Assignment Confirmation(s) and/or Attachment(s) attached hereto are
1953	1953	incorporated herein by reference and form a part of this Agreement. If there is
1954	1954	any conflict between this Agreement and any Assignment Confirmation(s)
1955	1955	and/or Attachment(s), the terms of the Assignment Confirmation(s) and/or
1956	1956	Attachment(s) will govern.
1957	1957	Travel Assignment Cancellation for Convenience. FACILITY agrees to
1958	1958	utilize Travel Personnel for the specified period of time, outlined in the
1959	1959	Assignment Confirmation. Should FACILITY staffing needs change and
1960	1960	FACILITY wishes to cancel Travel Personnel already being utilized on
1961	1961	contract, FACILITY must give MAXIM fourteen (14) days’ notice before
1962	1962	cancellation date. If FACILITY does not provide required notice, FACILITY will
1963	1963	be required to pay MAXIM a fee equal to: the sum of seventy-two (72) hours
1964	1964	of such Personnel's rate subtracted by any hours worked by Travel Personnel
1965	1965	after notice is given (calculated as Travel Bill Rate x 72 Hours - Hours
1966	1966	Worked after cancelation notice). MAXIM will make reasonable effort to place
1967	1967	Travel Personnel in other facilities in the area.
1968	1968	Independent Contractors. MAXIM and FACILITY are independent legal
1969	1969	entities. Nothing in this Agreement shall be construed to create the
1970	1970	relationship of employer and employee, or principal and agent, or any
1971	1971	relationship other than that of independent parties contracting with each other
1972	1972	solely for the purpose of carrying out the terms of this Agreement. Neither
1973	1973	MAXIM nor FACILITY nor any of their respective agents or employees shall
1974	1974	continue to work future FACILITY assignments solely as employees of MAXIM
1975	1975	during
1976	1976	the term of this Agreement.
1977	1977	Confirmations. Each assignment will be confirmed in writing with the
1978	1978	specific hourly rates to be charged for specific Travel Personnel to work a
1979	1979	specific assignment. Assignment Confirmations (Exhibit B) will be sent via
1980	1980	electronic mail, facsimile, or reliable carrier as agreed upon by the FACILITY
1981	1981	and MAXIM. In the event that FACILITY fails to respond to the Assignment
1982	1982	Confirmation within two (2) business days, the FACILITY will be deemed to
1983	1983	have accepted the terms in said Assignment Confirmation and FACILITY will
1984	1984	assume responsibility for any applicable payment terms as outlined in the
1985	1985	Assignment Confirmation. Should a dispute arise, the Assignment
1986	1986	Confirmation shall supersede any and all prior oral and written
1987	1987	understandings. ' DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
1988	1988	Section 7.2
1989	1989	Section 7.3
1990	1990	Attorneys’ Fees. Intentionally omitted.Section 7.4
1991	1991	Section 7.5
1992	1992	United Medical Center
1993	1993	COPY TO:
1994	1994	Section 7.6
1995	1995	Section 7.7
1996	1996	Doc ID: 20201230131207515
1997	1997	Facility Staffing Agreement
1998	1998	Maxim Healthcare Staffing Services, Inc.
1999	1999	control or havs any right to control the activities of the other party in carrying
2000	2000	out the terms of this Agreement.
2001	2001	1310 Southern Ave SE
2002	2002	Washington, DC 20032
2003	2003	ATTN: Herlinda Brown
2004	2004	Maxim Healthcare Staffing Services,
2005	2005	Inc.
2006	2006	7227 Lee DeForest Drive
2007	2007	Columbia, MD 21046
2008	2008	ATTN: Contracts Department
2009	2009	Maxim Healthcare Staffing Services,
2010	2010	Inc.
2011	2011	962 Wayne Avenue Suite 600
2012	2012	Silver Spring, MD 20910
2013	2013	ATTN: John Miller
2014	2014	V.1.1 -2020.08
2015	2015	Copyright 2020 - All Rights Reserved
2016	2016	Notices. Any notice or demand required under this Agreement will be in
2017	2017	writing; will be personally served or sent by certified mail, return receipt
2018	2018	requested, postage prepaid, or by a recognized overnight carrier which
2019	2019	provides proof of receipt; and will be sent to the addresses below. Either
2020	2020	party may change the address to which notices are sent by sending written
2021	2021	notice of such change of address to the other party.
2022	2022	Headings, file headings of sections and subsections of this Agreement are
2023	2023	for reference only and will not affect in any way the meaning or interpretation
2024	2024	of this Agreement,
2025	2025	t
2026	2026	Assignment. Neither party may assign this Agreement without the prior
2027	2027	written consent of the other party, and such consent will not be unreasonably
2028	2028	withheld. No such consent will be required for assignment to an entity owned
2029	2029	by or under common control with assignor or in connection with any
2030	2030	acquisition of all of the assets or capital stock of a party; provided however,
2031	2031	the assigning party will provide notice of such transaction to the other party
2032	2032	and remain fully responsible for compliance with all of the terms of this
2033	2033	Agreement.
2034	2034	Indemnification. MAXIM shall indemnify and hold harmless the FACILITY,
2035	2035	elected and appointed officers, employees, agents and volunteers (“FACILITY
2036	2036	Indemnitees”) only for negligent acts, errors, or omissions of MAXIM or its
2037	2037	employees, agents, and/or subcontractors, for services performed under this
2038	2038	Agreement, and only to the extent that passive and/or vicarious liability for
2039	2039	such negligent acts, errors or omissions is imposed upon the FACILITY
2040	2040	Indemnitees in a claim or suit, up to the applicable state cap(s) for healthcare
2041	2041	services. No indemnity shall be provided by MAXIM for any liability imposed
2042	2042	upon the FACILITY Indemnitees for their concurrent negligence, active
2043	2043	negligence, sole negligence, and/or willful misconduct.
2044	2044	Entire Contract; Counterparts. This Agreement constitutes the entire
2045	2045	contract between FACILITY and MAXIM regarding the services to be provided DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
2046	2046	Section 7.8
2047	2047	Section 7.9
2048	2048	Section 7.11
2049	2049	Section 7.12
2050	2050	/
2051	2051	Section 7.13
2052	2052	Doc ID: 20201230131207515
2053	2053	Facility Staffing Agreement
2054	2054	Maxim Healthcare Staffing Services, Inc.
2055	2055	Availability of Personnel. The parties agree that MAXIM'S duty to supply
2056	2056	Personnel on request of FACILITY is subject to the availability of qualified
2057	2057	MAXIM Personnel. The failure of MAXIM to provide Personnel or the failure of
2058	2058	FACILITY to request Personnel shall result in no penalty to FACILITY or any
2059	2059	party claiming by or through it and shall not constitute a breach of this
2060	2060	Agreement.
2061	2061	Compliance with Laws. MAXIM agrees that all services provided pursuant
2062	2062	to this Agreement shall be performed in compliance with all applicable federal,
2063	2063	state, and/or local rules and regulations. In the e\ent that applicable federal,
2064	2064	state or local laws and regulations or applicable accrediting body standards
2065	2065	are modified, MAXIM reserves the right to notify FACILITY in writing of any
2066	2066	modifications to the Agreement in order to remain in compliance with such
2067	2067	law, rule or regulation.
2068	2068	V.1.1 -2020.08
2069	2069	Copyright 2020 - All Rights Reserved
2070	2070	Limitation on Liability. Neither MAXIM nor FACILITY will be responsible for
2071	2071	special, indirect, incidental, consequential, or other similar damages,
2072	2072	including but not limited to lost profits, that the other party may incur or
2073	2073	experience in connection with this Agreement or the services provided,
2074	2074	however caused, even if such party has been advised of the possibility of such
2075	2075	damages.
2076	2076	Governing Law, Jurisdiction. This Agreement will be governed by and
2077	2077	construed in accordance with the laws of the District of Columbia, without
2078	2078	regard to its principles of conflict of laws. Any dispute or claim from this
2079	2079	Agreement shall be resolved exclusively in the courts of the District of
2080	2080	Columbia and the parties hereby irrevocably submit to the personal
2081	2081	jurisdiction of said courts and waivs all defenses thereto.
2082	2082	Section 7.14 Conflict of Interest. By entering into this Agreement, the Parties agree that
2083	2083	. all conflicts of interest shall be disclosed to the other Party for review in
2084	2084	accordance with that Party’s policies and procedures. A conflict of interest
2085	2085	occurs when an employee or Contractor has professional or personal interests
2086	2086	that compete with his/her services to or on behalf of MAXIM or the FACILITY,
2087	2087	Incorporation of Recitals. The recitals set forth at the top of this
2088	2088	Agreement are incorporated by reference as if fully set forth herein.
2089	2089	hereunder. Any agreements, promises, negotiations, or representations not
2090	2090	expressly set forth in this Agreement are of no force or effect. This
2091	2091	Agreement may be executed simultaneously in one or more counterparts,
2092	2092	each of which shall be deemed an original but all of which together shall
2093	2093	constitute one and the same instrument. Facsimile and electronic signatures
2094	2094	shall also constitute original signatures for the purpose of this Agreement. No
2095	2095	amendments to this Agreement will be effective unless made in writing and
2096	2096	signed by duly authorized representatives of both parties except as provided
2097	2097	in Section 6.9.
2098	2098	Section 7.10 Severability. In the event that one or more provision(s) of this Agreement is
2099	2099	deemed invalid, unlawful and/or unenforceable, then only that provision will be
2100	2100	omitted, and will not affect the validity or enforceability of any other provision;
2101	2101	the remaining provisions will be deemed to continue in full force and effect. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
2102	2102	ARTICLE 8. CONFIDENTIALITY OF PROTECTED HEALTH INFORMATION
2103	2103	Confidentiality.Section 8.1
2104	2104	Doc ID: 20201230131207515
2105	2105	Facility Staffing Agreement
2106	2106	Maxim Healthcare Staffing Services, Inc.
2107	2107	or the best interests of patients. Such competing interests may make it
2108	2108	difficult for an employee or Contractor to fulfill his or her duties impartially.
2109	2109	V.1.1 -2020.08
2110	2110	Copyright 2020 - All Rights Reseived
2111	2111	A. MAXIM/FACILITY Information. The parties recognize and
2112	2112	acknowledge that, by virtue of entering into this Agreement and providing
2113	2113	services hereunder, the parties will have access to certain information of the
2114	2114	other party that is confidential and constitutes valuable, special, and unique
2115	2115	property of the party. Each of the parties agrees that neither it nor his/her
2116	2116	staff shall, at any time either during or subsequent to the term of this
2117	2117	Agreement, disclose to others, use, copy, or permit to be copied, except
2118	2118	pursuant to his duties for or on behalf of the other party, any secret or
2119	2119	confidential information of the party, including, without limitation, information
2120	2120	with respect to the party's patients, costs, prices, and treatment methods at
2121	2121	any time used, developed or made by the party during the term of this
2122	2122	Agreement and that is not available to the public, without the other party's
2123	2123	prior written consent.
2124	2124	B. Terms of this Agreement. Except for disclosure to his/her legal
2125	2125	counsel, accountant or financial or other advisors/consultants neither party
2126	2126	nor
2127	2127	its respective staff shall disclose the terms of this Agreement to any
2128	2128	person who is not a party or signatory to this Agreement, unless disclosure
2129	2129	thereof is required by law or otherwise authorized by this Agreement.
2130	2130	Unauthorized disclosure of the terms of this Agreement shall be a material
2131	2131	breach of this Agreement and shall provide the party with the option of
2132	2132	Section 7.15 EXCLUSION FROM FEDERAL HEALTH CARE PROGRAMS. MAXIM
2133	2133	represents and warrants that it, or any of the Personnel under this Agreement,
2134	2134	has not been nor is about to be excluded from participation in any Federal
2135	2135	Healthcare Program. MAXIM agrees to notify FACILITY within five (5)
2136	2136	business day of its/his or her receipt of a notice of intent to exclude or actual
2137	2137	notice of exclusion from any such program. The listing of MAXIM on the
2138	2138	Office of Inspector General's exclusion list (OIG website) or the General
2139	2139	Services Administration’s Lists of Parties Excluded from Federal Procurement
2140	2140	and Nonprocurement Programs (GSA website) for excluded individuals and
2141	2141	entities shall constitute “exclusion” for purposes of this paragraph. In the
2142	2142	event that MAXIM is excluded from any Federal Healthcare Program, this
2143	2143	Agreement shall immediately terminate. For the purposes of this paragraph,
2144	2144	the term “Federal Healthcare Program" means the Medicare program, the
2145	2145	Medicaid program, the Maternal and Child Health Services Block Grant
2146	2146	program, the Block Grants for State for Social Services program, any state
2147	2147	Children’s Health Insurance program, or any similar program. Further, MAXIM
2148	2148	agrees to indemnify and hold FACILITY harmless from and against any loss,
2149	2149	liability, judgment, penalty, fine, damages (including punitive and/or
2150	2150	compounded damages), costs (including reasonable attorneys’ fees and
2151	2151	expenses) incurred by FACILITY as a result of MAXIM’s failure to notify
2152	2152	FACILITY of MAXIM’s or any of the Personnel’s exclusion from any Federal
2153	2153	Healthcare Program. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
2154	2154	c.
2155	2155	D.
2156	2156	Section 8.2
2157	2157	I-
2158	2158	1 Doc ID: 20201230131207515
2159	2159	Facility Staffing Agreement
2160	2160	Maxim Healthcare Staffing Services, Inc.
2161	2161	: HIPAA/HITECH Obligations. Each party and its respective staff shall comply
2162	2162	with all federal and state laws and regulations, and all rules, regulations, and
2163	2163	policies of the other party, regarding the confidentiality of patient information,
2164	2164	to include, without.limitation, HIPAA and HITECH. In addition, if necessary,
2165	2165	the parties agree to resist any effort to obtain access to such records or
2166	2166	information in judicial proceedings, except such access as is expressly
2167	2167	permitted by federal/state regulations.
2168	2168	pursuing remedies for breach or immediate termination of this Agreement in
2169	2169	accordance with the provisions stated herein.
2170	2170	The obligations set forth in this Section shall surviva the termination of
2171	2171	this Agreement.
2172	2172	Notwithstanding the foregoing, MAXIM and all staff provided to FACILITY
2173	2173	hereunder shall comply with confidentiality, medical records and/or other
2174	2174	applicable laws and regulations with regard to any and all information directly
2175	2175	or indirectly accessed or used by MAXIM and their personnel, including
2176	2176	without limitation HIPAA and HITECH.
2177	2177	V.1.1 -2020.08
2178	2178	Copyright 2020 - All Rights Reserved
2179	2179	Patient/Customer Information: Neither party nor its employees shall
2180	2180	disclose any financial or medical information regarding patients/customers
2181	2181	treated hereunder to any third-party, except where permitted or required by
2182	2182	law or where such disclosure is expressly approved by FACILITY, MAXIM and
2183	2183	patient/customer in writing. Further, each party and its employees shall
2184	2184	comply with the other party's rules, regulations and policies regarding the
2185	2185	confidentiality of such information as well as all federal and state laws and
2186	2186	regulations including, without limitation, the Health Insurance Portability and
2187	2187	Accountability Act of 1996 (“HIPAA”) and the Health Information Technology
2188	2188	for Economic and Clinical Health Act (“HITECH”).
2189	2189	To the extent that FACILITY may be a “Covered Entity” as defined by HIPAA,
2190	2190	and would therefore be subject to applicable requirements, including, but not
2191	2191	limited to, requirements to enter into certain contracts with their “business
2192	2192	associates,” by HIPAA, the parties acknowledge that a business associate
2193	2193	agreement is not needed due to the nature of services provided by MAXIM.
2194	2194	Specifically, the parties acknowledge that under HIPAA, Personnel provided
2195	2195	hereunder are considered part of FACILITY’S workforce and to that end, all
2196	2196	Protected Health Information (“PHI”) is created, viewed, used, maintained and
2197	2197	otherwise stored and safeguarded in FACILITY’S work environment. The
2198	2198	parties further acknowledge that PHI is not exchanged between the parties in
2199	2199	order for MAXIM to provide Personnel as part of FACILITY’S temporary
2200	2200	workforce. DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
2201	2201	I
2202	2202	STAFFINGHEALTHCAREUNITED MEDICAL CENTER:
2203	2203	DateDate
2204	2204	l
2205	2205	♦
2206	2206	Doc ID: 20201230131207515
2207	2207	I
2208	2208	I-
2209	2209	i
2210	2210	)
2211	2211	\
2212	2212	Signature
2213	2213	Colene Daniel
2214	2214	FACILITY and MAXIM have acknowledged their understanding of and agreement to the mutual
2215	2215	promises written abo\e by executing and delivering this Agreement as of the date set forth
2216	2216	above.
2217	2217	Facility Staffing Agreement
2218	2218	Maxim Healthcare Staffing Services, Inc.
2219	2219	Printed Name & Title
2220	2220	12/30/2020
2221	2221	V.1.1 -2020.08
2222	2222	Copyright 2020 - All Rights Reserved
2223	2223	MAXIM
2224	2224	bramcgee@maxhealth.com________
2225	2225	Signature
2226	2226	Chief Executive Offi cg^ndan McGee Asst. Controller
2227	2227	Printed Name & Title
2228	2228	12/31/2020 k DocuSign Envelope ID: D6CE3BD4-EFE0-49GA-9BEB-5201F6C60613
2229	2229	Charges will be based on the following hourly rate schedule effective 12/10/2020:
2230	2230	UNITED MEDICAL CENTER:
2231	2231	Chief Executive
2232	2232	Date
2233	2233	■i
2234	2234	Doc ID: 20201230131207515
2235	2235	f
2236	2236	t
2237	2237	I
2238	2238	■i
2239	2239	Signature
2240	2240	colene Daniel
2241	2241	Facility Staffing Agreement
2242	2242	Maxim Healthcare Staffing Services, Inc.
2243	2243	Thanksgiving Day
2244	2244	Labor Day
2245	2245	Christmas Eve (from 3 PM)
2246	2246	Christmas Day
2247	2247	Presidents Day
2248	2248	Pioneer Day (Utah Only)
2249	2249	ATTACHMENT A
2250	2250	Maxim Healthcare Staffing Services, Inc.
2251	2251	Facility Staffing Rates For
2252	2252	UNITED M EPICAL CENTER
2253	2253	Printed Name & Title
2254	2254	12/30/2020
2255	2255	V.1.1 - 2020.08
2256	2256	Copyright 2020 - All Rights Reserved
2257	2257	Printed Name & Title
2258	2258	12/31/2020
2259	2259	Date
2260	2260	Service
2261	2261	RN - M/S
2262	2262	RN-ER
2263	2263	RN - ICU/CCU
2264	2264	Local Rate
2265	2265	$70.00
2266	2266	$72.00
2267	2267	$72.00
2268	2268	Travel Rate
2269	2269	$75.00
2270	2270	$78.00
2271	2271	$78.00
2272	2272	MAXIM HEALTHCARE STAFFING
2273	2273	SEF
2274	2274	bramcgee@maxhealth.com
2275	2275	Signature
2276	2276	Officer Brandan McGee Asst. Controller
2277	2277	Annual Rate Increase. An annual rate increase of 3% will be added to each services type
2278	2278	listed above on 12/10 every yearbegining in 2021.
2279	2279	Weekend. Weekend rates will apply to shifts beginning at 11:00 p.m. on Friday and ending
2280	2280	at
2281	2281	7:00 a.m. on Monday.
2282	2282	Orientation. Rates listed above will be charged for all time spent in required FACILITY
2283	2283	orientation.
2284	2284	Overtime. Overtime rates are charged for all hours worked in excess of forty (40) per week
2285	2285	or according to applicable state law. Overtime must have FACILITY supervisory approval.
2286	2286	The overtime rate is one and one-half (1.5) times the regular billing rate for such hours.
2287	2287	Holidays. Holiday rates will apply to shifts beginning at 11:00 p.m. the night before the
2288	2288	holiday through 11:00 p.m. the night of the holiday: Time and one-half will be charged for the
2289	2289	following holidays:
2290	2290	New Year's Eve (from 3 PM)
2291	2291	New Year's Day
2292	2292	Memorial Day
2293	2293	Independence Day
2294	2294	Easter
2295	2295	Martin Luther King Day This Addendum will be adding COVID-19 Support Personnel for CLIENT.I.
2296	2296	B.
2297	2297	Doc ID: 20201230131207515
2298	2298	WHEREAS, CLIENT and MAXIM entered into a Facility Staffing Agreement (hereinafter “Agreement”), with
2299	2299	an effective date of December 10th, 2020;
2300	2300	WHEREAS, In addition to the Services outlined in the Agreement, CLIENT is requesting that MAXIM
2301	2301	provide COVID-19 (Coronavirus Disease 2019) Support Personnel.
2302	2302	WHEREAS, CLIENT and MAXIM wish to amend the Agreement to incorporate the following terms and
2303	2303	conditions governing the provision of COVID-19 Support;
2304	2304	Section 1.1 Term. This Amendment will remain in effect for the duration of the COVID-19 outbreak and will
2305	2305	follow current Center for Disease Control (CDC) guidelines. Notwithstanding the foregoing, this Addendum does
2306	2306	not alter the Term as set forth in this Agreement
2307	2307	Section 1.5 Mileage. Mileage will be reimbursed at the Internal Revenue Service (IRS) standard mileage rate
2308	2308	and shall apply to all Personnel.
2309	2309	Section 1.4 Overtime. Overtime rates are charged for all hours worked in excess of forty (40) hours per week of
2310	2310	according to applicable state law. The overtime rate is one and one-half (1.5) times this Addendum rate.
2311	2311	COVID-19 ADD
2312	2312	Maxim Healthcare Staffing Services, Inc.
2313	2313	Rev. 03/2020
2314	2314	A// rights reserved.
2315	2315	This Amendment (hereinafter “Amendment”) is entered into this 10th day of December, 2020, by and
2316	2316	between United Medical Center, referred to in this Agreement as “CLIENT,” and Maxim Healthcare Staffing
2317	2317	Services, Inc., referred to in this Agreement as “MAXIM.”
2318	2318	RECITALS
2319	2319	Rates (per hour)
2320	2320	$225.00___________
2321	2321	$195.00___________
2322	2322	$165.00
2323	2323	Section 1.6 Credentialing.
2324	2324	A. All Personnel required for COVID-19 labor support must meet the following qualifications:
2325	2325	a. 1-stepTBTest
2326	2326	b. Background Checks
2327	2327	c. License Verification, if applicable (Pending license is acceptable)
2328	2328	d. For all additional requested credentialing items by CLIENT, Personnel may present to CLIENT by end of
2329	2329	assignment
2330	2330	If CLIENT accepts MAXIM Personnel to begin work assignment(s) while any credentialing requirement(s)
2331	2331	THEREFORE, in consideration of the above premises set forth herein, and for other good and
2332	2332	valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, and intending
2333	2333	to be legally bound, CLIENT and MAXIM hereby agree as follows:
2334	2334	Section 1.2 Principles of Construction. Except as noted herein, whenever the terms and conditions of the
2335	2335	Agreement and this Addendum conflict, the terms and conditions of this Addendum control. Except as
2336	2336	specifically modified by the terms and conditions of this Addendum, all of the Agreement remains in full force
2337	2337	and effect.
2338	2338	DocuSign Envelope ID: D6CE3BD4-EFEO-49CA-9BEB-5201F6C60613
2339	2339	maxim
2340	2340	healthcare services
2341	2341	COVID-19 Addendum
2342	2342	Section 1.3 Services and Rates.
2343	2343	a) CLIENT retains full authority and responsibility for professional and medical management of care for
2344	2344	each of its patients and for ensuring that services provided by MAXIM Personnel under this agreement are
2345	2345	furnished in a safe and effective manner and in accordance with the applicable standards.
2346	2346	b) The following rates shall apply:
2347	2347	' Services
2348	2348	RN - ICU________________
2349	2349	RN-ER_________________
2350	2350	RN - Telemetry DocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
2351	2351	r
2352	2352	Section 1.8 Quarantine, intentionally omitted.
2353	2353	All other terms and conditions will remain unchanged as stated in the Agreement.II.
2354	2354	UNITED MEDICAL CENTER:
2355	2355	DateDate
2356	2356	I
2357	2357	Doc ID: 20201230131207515
2358	2358	CLIENT and MAXIM have acknowledged their understanding of and agreement to the mutual promises written
2359	2359	above by executing and delivering this Agreement as of the date set forth above.
2360	2360	Section 1.7 Orientation. CLIENT agrees Personnel may begin first shift the day after credentialing is complete
2361	2361	and CLIENT will provide Orientation on as-needed basis.
2362	2362	COVID-19ADD
2363	2363	Maxim Healthcare Staffing Services, Inc.
2364	2364	Printed Name & Title
2365	2365	12/31/2020
2366	2366	Rev. 03/2020
2367	2367	A// rights reserved.
2368	2368	Signature
2369	2369	colene Daniel
2370	2370	MAXIM HEALTHCARE STAFFING SERVICES,
2371	2371	bramcgee@maxhealth.com
2372	2372	Signature
2373	2373	■ chief” Executive Officer Brandan McGee Asst. Controller
2374	2374	-■ Printed Name & Title
2375	2375	12/30/2020
2376	2376	is/are pending, MAXIM, its directors, officers, shareholders, employees, and agents shall have no and be found to*
2377	2377	have no liability from and against any and all claims, actions, or liabilities arising out of and/or in connection with the
2378	2378	credentialing result(s), or inability to perform credentialing, under this Addendum.