UMC 1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032 -4623 • 202-574-6000 • WWW.UNITED-MEDICALCENTER.COM May 30, 2023 The Honorable Phil Mendelson Chairman, Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, N.W. Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Enclosed for consideration and approval by the Council of the District of Columbia is Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023, and Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Declaration Resolution of 2023, for the provision of nurse staffing services pertaining to emergency department, intensive care unit, and telemetry services (“Contract”). Council action is necessary to approve the December 13, 2022, partially exercised Option Year 2 Modification 10 (in the amount of $925,000.00 for a period of December 10, 2022 through February 7, 2023) and Proposed Modification 11 (in the amount of $4,200,000.00 for a period of February 8, 2023 through December 9, 2023) because when combined, the total retroactive contract value of Option Year 2 would be $5,125,000.00 for a 12-month period of December 10, 2022 to December 9, 2023. Continued approval is vital to avoiding a major disruption in these services. The unavoidable retroactivity, which was discussed during recent oversight hearings, is due to constantly increasing nurse agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, current hospital staffing needs, and the pending wind down. As always, I am available to discuss any questions you may have regarding this submittal. In order to facilitate a response to your questions, please have your staff contact me at (202) 574-6611. I look forward to a favorable consideration on this contract. Sincerely, Jacqueline Payne-Borden Chief Executive Officer Not-for-Profit Hospital Corporation Enclosures DocuSign Envelope ID: 616C0CD8-939A-4374-A2C2-306B3C51E8EE DocuSign Envelope ID: 616C0CD8-939A-4374-A2C2-306B3C51 E8EE May 30, 2023 The Honorable Phil Mendelson Chairman, Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, N.W. Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Enclosed for consideration and approval by the Council of the District of Columbia is Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023, and Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Declaration Resolution of 2023, for the provision of nurse staffing services pertaining to emergency department, intensive care unit, and telemetry services ("Contract"). Council action is necessary to approve the December 13, 2022, partially exercised Option Year 2 Modification 10 (in the amount of $925,000.00 for a period of December 10, 2022 through February 7, 2023) and Proposed Modification 11 (in the amount of $4,200,000.00 for a period of February 8, 2023 through December 9, 2023) because when combined, the total retroactive contract value of Option Year 2 would be $5,125,000.00 for a 12-month period ofDecember 10, 2022 to December 9, 2023. Continued approval is vital to avoiding a major disruption in these services. The unavoidable retroactivity, which was discussed during recent oversight hearings, is due to constantly increasing nurse agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, current hospital staffing needs, and the pending wind down. As always, I am available to discuss any questions you may have regarding this submittal. In order to facilitate a response to your questions, please have your staff contact me at (202) 574-6611. I look forward to a favorable consideration on this contract. Sincerely, j~l,U,, p~l,U,,--fJt>V'~ Jacqueline Payne-Borden Chief Executive Officer Not-for-Profit Hospital Corporation Enclosures 1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 • 202-574-6000 • WWW.UNITED-MEDICALCENTER.COM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A BILL ~~ /chairmanPh11Mendelson on behalf of the Not-for-Profit Hospital Corporation IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To approve, on an emergency basis, Modification Nos. 10 and 11 to Contract NFPHC NSD-21-C-00027 with Maxim Healthcare Staffing for the provision of nurse staffing services pertaining to the emergency department, intensive care unit, and telemetry services, and to authorize payment for the services received and to be received under the Contract. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Modification Nos. 10 and 11 to Contract NFPHC-NSD- 21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023". Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and notwithstanding the requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02), the Council approves Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing for the provision of nurse staffing services pertaining to the emergency department, intensive care unit, and telemetry services, and authorizes 36 payment for the services received and to be received under this Contract and payment in 37 the amount of $5,125,000.00. 38 Sec. 3. Fiscal impact statement. 39 The Council adopts the fiscal impact statement of the Chief Financial Officer as 40 the fiscal impact statement required by section 4a of the General Legislative Procedures 41 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1- 42 301.47a). 43 Sec. 4. Effective date. 44 This act shall take effect following approval by the Mayor ( or in the event of veto 45 by the Mayor, action by the Council to override the veto), and shall remain in effect for 46 no longer than 90 days, as provided for emergency acts of the Council of the District of 47 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 48 December 24, 1973 (87 Stat. 788; D.C. Official Code§ 1-204.12(a)). 49 2 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of Contracting and Procurement * * * - Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code§ 2-352.02(c-1), the following contract summary is provided: (A) Contract Number: COUNCIL CONTRACT SUMMARY (Retro) Contract NFPHC-NSD-21-C-00027 Proposed Contractor: Maxim Healthcare Staffing Services, Inc. Contract Amount: Modification 10: $925,000.00 $4,200,000.00 $5,125,000.00 Dec 10, 2022 -Feb 7, 2023 Feb 8, 2023 -Dec 9, 2023 Dec 10, 2022 -Dec 9, 2023 Proposed Mod 11 : OY2 Total: Unit and Method of Compensation: Monthly with proper invoices Term of Contract: Type of Contract: Source Selection Method: December 10, 2022 -December 9, 2023; retroactive Fixed Fee, with monthly reconciliation Sole Source under 27 DCMR 4618 (B) For a contract containing option periods, the contract amount for the base period and for each option period. If the contract amount for one or more of the option periods differs from the amount for the base period, provide an explanation of the reason for the difference: -Base Period o Initial Base o Modification 1 o Modification 2 $300,000.00 $600,000.00 $2,6b0,000.00 Dec 10, 2020 -Dec 9, 2021 Dec 10, 2020 -Dec 9, 2021 Dec 10, 2020 -Dec 9, 2021 ■ Revised the total 12-month Base Year retroactive value to $3,500,000.00. [Council Approval: A24-115 on June 29, 2021] o Modifications 3 & 4: No fiscal impact 1 -Option Year 1 o Modification 5 o Modification 6 $143,835.62 $1,726,027.40 Dec 10, 2021 - Dec 24, 2021 Dec 25, 2021 -June 22, 2022 • Revised the partial Option Year 1 retroactive value to $1,869,863.02. [Council Approval: A24-416 on May 3, 2022] o Modification 7 $1,500,000.00 June 23, 2022 -Sept 30, 2022 ■ Revised the partial Option Year 1 retroactive value to $3,369,863.02. [Council Approval: A24-4 78 on June 28, 2022] o Modification 8 $890,000.00 June 23, 2022 -Sept 30, 2022 o Modification 9 $2,000,000.00 Oct 1, 2022 - Dec 9, 2022 ■ Modifications 8 and 9 revised the total 12-month Option Year 1 retroactive value to $6,259,863.02. [Council Approval: A24-653 on Nov 1, 2022] -Option Year 2 o Modification 10 $925,000.00 Dec 10, 2022 -Feb, 7, 2023 o Proposed Mod 11 $4,200,000.00 Feb 8, 2023 - Dec 9, 2023 ■ If approved, Modification 11 would revise the total 12-month Option Year 2 retroactive value to $5,125,000.00. [Council Approval: TBD] (C) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: This Contract is for the provision of nurse staffing services at United Medical Center (" UMC") for the emergency department ("ED") and intensive care unit ("ICU"), and for telemetry services, for a period from December 10, 2022 to December 9, 2023. (D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price, technical or quality, and past performance components: As reported for the Base Year and Option Year 1, this contract was sole sourced under 27 DCMR4618. (E) A description of any bid protest related to the award of the contract, including whether the protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary corrective action by the District. Include the identity of the protestor, the grounds alleged in the protest, and any deficiencies identified by the District as a result of the protest: There were no protests associated with this procurement. (F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and performance on past or current government or private sector contracts with requirements similar to those of the proposed contract: Maxim Healthcare Staffing Services, Inc. is a privately held medical staffing company headquartered in Columbia, Maryland, that was founded in 1988. Maxim is accredited by the 2 Accreditation Commission for Health Care (ACHC) for our private duty nursing and certified home healthcare programs and is accredited by The Joint Commission for healthcare staffing services. Maxim is committed to adhering to standards set forth by The Joint Commission. In keeping with this dedication to quality service, Maxim has adapted The Joint Commission's standards into daily business practices and internal training programs. (G) The period of performance associated with the proposed change, including date as of which the proposed change is to be made effective: Modification 10 for $925,000.00 and a period of Dec 10, 2022 -Feb, 7, 2023 was executed on December 13, 2022. If approved, Proposed Modification 11 for $4,200,000.00 would exercise the remainder of Option Year 2, from Feb 8, 2023 -Dec 9, 2023. (H) The value of any work or services performed pursuant to a proposed change for which the Council has not provided approval, disaggregated by each proposed change if more than one proposed change has been aggregated for Council review: The value of work performed pursuant to Modification 10 is $925,000.00 The value of work performed pursuant to Proposed Modification 11 is $1,810,487.85 (I) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded: Modification 10, partially exercising Option Year 2, was awarded in the amount $925,000.00 Proposed Modification 11, exercising the remainder of the option year, would increase the value by $4,200,000.00 to $5,125,000.00 (J) The date on which the contracting officer was notified of the proposed change: March 15, 2023 (K) The reason why the proposed change was sent to Council for approval after it is intended to take effect: As conveyed during recent oversight hearings, UMC faces ongoing nursing specific staffing challenges due to constantly increasing agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, current staffing needs, and the pending wind down. These factors directly contribute to the retroactivity of nurse staffing modifications. Despite these difficulties, UMC continues to use its best efforts to build and maintain a panel of nurse staffing agencies that can provide qualified staff to UMC at the most favorable terms. 3 (L) The reason for the proposed change: UMC has a continuing need for the provision of nurse staffing services. (M) The legal, regulatory, or contractual authority for the proposed change: NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act. (N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq. ("Act"), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount: As conveyed during recent oversight hearings, UMC remains challenged to staff specialty and non specialty temporary nurses due to constantly increasing agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, current staffing needs, and the pending wind down. Unfortunately, previous attempts to contract with DSLBD's CBEs did not yield qualified staff and the Hospital's clinical needs could not wait. Despite these difficulties, UMC remains undeterred in its efforts to create and maintain opportunities for small, local, and disadvantaged businesses at UMC across all areas of the hospital and looks forward to continuing to work with DSLBD and the community to improve. (0) Performance standards and the expected outcome of the proposed contract: The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation Interim CEO and Chief Nursing Officer. The performance standards are as outlined in the proposed Contract and as required by applicable local, federal, industry, and licensing entities. (P) The amount and date of any expenditure of funds by the District pursuant to the contract prior to its submission to the Council for approval: Expenditure pursuant to Modification 10: $925,000.00 Expenditure pursuant to Proposed Modification 11: $436,784.70 (Q) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02: See enclosed fiscal certification from the OCFO. (R) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District: 4 See enclosed legal certification from UMC Counsel. (S) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code§ 2-353.0l(b): See enclosed Clean Hands Certification. (T) A certification from the proposed contractor that it is current with its federal taxes, or has worked out and is current with a payment schedule approved by the federal government: The proposed contractor has certified its compliance. (U) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.: The Contractor is not certified as a local, small, or disadvantaged business enterprise. (V) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: All relevant aspects of the proposed Contract are enclosed. (W) A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment: As of March 21, 2023, the Contractor does not appear on the District or Federal Excluded Parties List. (X) Any determination and findings issues relating to the contract's formation, including any determination and findings made under D.C. Official Code § 2-352.05 (privatization contracts): None. (Y) Where the contract, and any amendments or modifications, if executed, will be made available online: The Hospital's website is currently being upgraded and the Hospital intends to post the executed Contract as soon as possible. Until then, the contract remains available onsite. 5 (Z) Where the original solicitation, and any amendments or modifications, will be made available online: The Hospital's website is currently being upgraded and the Hospital intends to post the executed Contract as soon as possible. 6 * * * Government of the District of Columbia Office of the Chief Financial Officer Office of Tax and Revenue Date of Notice: May 10, 2023 MAXIM HEALTHCARE STAFFING SERVICES INC 7227 LEE DEFOREST DR COLUMBIA MD 21046-3236 1101 4 th Street, SW Washington, DC 20024 Notice Number: L0009573432 FEIN: **-***6157 Case ID: 1510748 CERTIFICATE OF CLEAN HANDS As reported in the Clean Hands system, the above referenced individual/entity has no outstanding liability with the District of Columbia Office of Tax and Revenue or the Department of Employment Services. As of the date above, the individual/entity has complied with DC Code§ 47-2862, therefore this Certificate Clean Hands is issued. TIT I£E 47. TA:XATION",LICENSING, PERMITS, ASSESSMENTS, AND FEES eHAPTER 28 GENERAI£ UCENSE SUBCHAPTE R.II. ChEAN HANDS BEFORE RECEIVING A UCENSE OR PERMIT D.C. CODE§ 47-2862 (2006) § 47-2862 PROHIBITION AGAINST ISSUANCE OF UCENSE OR PERMIT Authorized By Melinda Jenkins Branch Chief, Collection and Enforcement Administration To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the "Validate a Certificate of Clean Hands" hyperlink under the Clean Hands section. 1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov MEMORANDUM Government of the District of Columbia Office of the Chief Financial Officer * *' * To: Jacqueline Payne-Borden, Chief Executive Officer From: Lilian Chukwuma, CFO-Not-for-Profit Hospital Corporatio Date: May 30, 2023 Re: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023 The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with Maxim Healthcare Staffing Services, Inc. for the provision of nurse staffing services pertaining to the emergency department, intensive care unit, and telemetry services. Modification 10 of the Contract partially exercised Option Year 2 for a total amount of $925,000.00 for the period from December 10, 2022 and terminating on February 7, 2023. Proposed Modification 11 of the Contract for $4,200,000.00 would exercise the remainder of Option Year 2 through December 9, 2023, revising the total 12-month Option Year 2 dollar amount to $5,125,000.00. The Office of the Chief Financial Officer hereby certifies that the funds are included in the NFPHC FY 2023 budget. DocuSign Envelope ID: E23A511 B-8C36-45E1-AB9C-DD8EB87BDDB0 MEMORANDUM To: From: Jacqueline Payne-Borden Chief Executive Officer Eric Goulet t,b General Counsel Reference: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023 Date: May 30, 2023 Subject: Legal Sufficiency I have reviewed the above-referenced Modification Nos. 10 and 11 to Contract NFPHC NSD-21-C-00027 with Maxim Healthcare Staffing Inc. for the provision of nurse staffing services pertaining to the emergency department, intensive care unit, and telemetry services. I hereby certify that it appears to be legally sufficient. Please be advised that my finding is premised on the Contract being submitted to and approved by the Council of the District of Columbia. 1310 SOUTHERN A VENUE, SE WASHINGTON, D.C. 20032-4623 • 202-574-6000 • WWW.UNITED-MEDICALCENTER.COM DocuSign Envelope ID: 4607 41DA-263E-43DC-B331-0667EB0DB 171 NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as United Medical Center, an instrumentality of the District of Columbia government, hereinafter known as the "Hospital". 2. Address (Send invoices here) Not-For-Profit Hospital Corporation United Medical Center -Accounts Payable 1310 Southern Avenue, S.E. Washington, D.C. 20032 3a. Effective Date: December 10, 2022 3b. Date of Council Approval. 5. Department(s) Using Goods or Services: Nursing Department 6. Contractor: name; address; phone number and email address Maxim Healthcare Staffing Services, Inc. 962 Wayne Avenue, Suite 600 Silver Spring, MD 20910 8. Exercise of X Change Order Supplemental 0 tion A reement 9. Modification/Change Order Amount: $925,000.00 CONTRACT MODIFICATION/ CHANGE ORDER NFPHC-NSD-21-C-00027 4. Requisition/Purchase Order/Task Order/Modification Number: Modification #10 7. Subject: Page 1 of 1 Modification to partially exercise Option Year Two (OY2) for sixty (60) days, commencing on December 10, 2022 and terminating on February 7, 2023. Letter Contract/ Contract Extension Other: 10. Total Contract Amount: $925,000.00 1 I. M d'fi f t 0 I 1ca IOll f 11 o par ia 1y exercise 0 f Y 'P IOll ear Two (OY2) for sixty (60) days for the provision of Nurses. Unit: Rates ED $138.00 ICU $135.00 MS/T $115.00 RT $110.00 * All other terms and conditions of the contract shall remain the same. * Modification reflects new rates 12. Name of Contractor: Rob Coombs Date: Signature: __ /3. _ __,~=----"'-~--4-______ _ 14. GENERAL COUNSEL -LEGAL SUFFICIENCY 13. Signature of Contracting Officer: Kendrick Dandridge, Contracting Officer Signature: ____ f_~-~-il;.-~---'--- Date: 2/13/2022 This contract appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital continues to work with other District agencies to detennine the most effecti ve manner for all involved to achieve their respective legislative mandates while the Hospital strives to meet: (i) its Establishment Act purposes (D.C Official Code §44 -95 I.02(b )): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of2014 (PR0-731)), which expressed the desire that the Hospital move swiftly to implement the strategic plan); a nd (iii) its clarified District government charged legislative mandate in the Fiscal Year 20 15 Budget Support Emergency Act of 2014 (B20-849), which required the Hospit al move forward expeditiously with improving UMC operations and soliciting proposals for private sector takeover of the ownership and management of the United Medical Center.* Maryland barred attorney not licensed to practice law in D.C., work is supervised by a D.C. Bar Member. Legal Sufficiency: ______ .-<""_--"~~--- ::-~~:)_:_-_________ _ Michael Austin, NFPHC Associate Counsel * 15. CERTIFICATION OF FUNDS S. C: h~-!.- Date·. 1gnature: ------~~------____ _ Lilian Chuk~NFPHC CFO OCFO REVlEW AP PROV AL: ___ : NFPHC Budget Officer 12/6/2022 Date: ______ _ I hereby certify funds are sufficiently included in the District's FY 2023 budget and financial plan to support this Contract. CEO REVIEW APPROVAL: L. NFPHC Chief Executive Officer DocuSign Envelope ID: O6CE3BO4-EFE0-49CA-9BEB-5201 F6C60613 NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as United Medical Center, an instrumentality of the District of Columbia government, hereinafter known as the "Hospital". 2. Address (Send invoices here) Not-For-Profit Hospital Corporation United Medical Center -Accounts Payable 1310 Southern Avenue, S.E. Washington, D.C. 20032 3a. Effective Date: February 8, 2023 3b. Date of Council Approval: 5. De artment(s) Usin Goods or Services: Nursin De artment 6. Contractor: name; address; phone number and email address Maxim Healthcare Staffing Services, Inc. 962 Wayne Avenue, Suite 600 Silver Spring, MD 20910 8. Exercise of Option Change Order Supplemental X Agreement 9. Modification/Change Order Amount: $2,500,000.00 CONTRACT MODIFICATION/ CHANGE ORDER NFPHC-MS-22-C-00043 Page of Pages 1 of 1 4. Requisition/Purchase Order/Task Order/Modification Number: Modification # 11 7. Subject: Modification/change order to increase NTE and to exercise the remainder of Option Year two (OY2), commencing on February 8, 2023 and concluding on December 09, 2023. Letter Contract/ Contract Extension Other: 10. Total Contract Amount: $3,425,000.00 11. Modification to increase NTE amount and to exercise the remainder of contract Option Year Two (OY2) for the provision of Nurses. Unit: Rates ED $125.00 ICU $122.00 MS/T $110.00 RT $98.00 a. All terms of the Contract shall remain in full force and effect. b. Modification reflects new rates 12. Name of Contractor: Maxim Healthcare Staffing Services, Inc. Signature: 14. GENERAL COUNSEL-LEGAL SUFFICIENCY Date: 13. Signature of Contracting Officer: Kendrick Dandridge, Contracting Officer 3/21/2023 Signature: Date: This contract appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandates while the Hospital strives to meet: (i) its Establishment Act purposes (D.C Official Code §44-95 I.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transfom1ation and Sustainability Resolution of 2014 (PRO-731 )), which expressed the desire that the Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals for private sector takeover of the ownership and management of the United Medical Center. ~~"1W-~~~}/~ Legal Sufficiency: ________________ _ 3/21/2023 Date: _______ _ Yanira van den Broeck Nieves, NFPHC Associate General Counsel 15. CERTIFICATION OF FUNDS c,,-z:: -/- Signature:=> Lilian Chukwuma, NFPHC CFO Date:3/21/202 I hereby certify funds are sufficiently included in the District's FY 2023 budget and financial plan to support this Contract. CEO REVIEW AP PROV AL: : NFPHC Chief Operating Officer 2 payment for the services received and to be received under this Contract and payment in 36 the amount of $5,125,000.00. 37 Sec. 3. Fiscal impact statement. 38 The Council adopts the fiscal impact statement of the Chief Financial Officer as 39 the fiscal impact statement required by section 4a of the General Legislative Procedures 40 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-41 301.47a). 42 Sec. 4. Effective date. 43 This act shall take effect following approval by the Mayor (or in the event of veto 44 by the Mayor, action by the Council to override the veto), and shall remain in effect for 45 no longer than 90 days, as provided for emergency acts of the Council of the District of 46 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 47 December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)). 48 49 _______________________ 1 Chairman Phil Mendelson 2 on behalf of the Not-for-Profit 3 Hospital Corporation 4 5 6 7 8 A BILL 9 10 __________ 11 12 13 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 15 __________________ 16 17 18 To approve, on an emergency basis, Modification Nos. 10 and 11 to Contract NFPHC-19 NSD-21-C-00027 with Maxim Healthcare Staffing for the provision of nurse 20 staffing services pertaining to the emergency department, intensive care unit, and 21 telemetry services, and to authorize payment for the services received and to be 22 received under the Contract. 23 24 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, 25 That this act may be cited as the “ Modification Nos. 10 and 11 to Contract NFPHC-NSD-26 21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization 27 Emergency Act of 2023”. 28 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, 29 approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1- 204.51), and 30 notwithstanding the requirements of section 202 of the Procurement Practices Refo rm 31 Act of 2010, effective April 8, 2011 (D.C. Law 18 -371; D.C. Official Code § 2- 352.02), 32 the Council approves Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 33 with Maxim Healthcare Staffing for the provision of nurse staffing services pertaining to 34 the emergency department, intensive care unit, and telemetry services, and authorize s 35 2 payment for the services received and to be received under this Contract and payment in 36 the amount of $5,125,000.00. 37 Sec. 3. Fiscal impact statement. 38 The Council adopts the fiscal impact statement of the Chief Financial Officer as 39 the fiscal impact statement required by section 4a of the General Legislative Procedures 40 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-41 301.47a). 42 Sec. 4. Effective date. 43 This act shall take effect following approval by the Mayor (or in the event of veto 44 by the Mayor, action by the Council to override the veto), and shall remain in effect for 45 no longer than 90 days, as provided for emergency acts of the Council of the District of 46 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 47 December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)). 48 49 1 GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of Contracting and Procurement Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code § 2-352.02(c-1), the following contract summary is provided : COUNCIL CONTRACT SUMMARY (Retro) (A) Contract Number: Contract NFPHC- NSD-21-C-00027 Proposed Contractor: Maxim Healthcare Staffing Services, Inc. Contract Amount : Modification 10: $925,000.00 Dec 10, 2022 - Feb 7, 2023 Proposed Mod 11: $4,200,000.00 Feb 8, 2023 - Dec 9, 2023 OY2 Total: $5,125,000.00 Dec 10, 2022 - Dec 9 , 2023 Unit and Method of Compensation: Monthly with proper invoices Term of Contract: December 10 , 2022 – December 9, 2023; retroactive Type of Contract: Fixed Fee, with monthly reconciliation Source Selection Method: Sole Source under 27 DCMR 4618 (B) For a contract containing option periods, the contract amount for the base period and for each option period. If the contract amount for one or more of the option periods differs from the amount for the base period, provide an explanation of the reason for th e difference: - Base Period o Initial Base $300,000.00 Dec 10, 2020 - Dec 9, 2021 o Modification 1 $600,000.00 Dec 10, 2020 - Dec 9, 2021 o Modification 2 $2,600,000.00 Dec 10, 2020 - Dec 9, 2021 Revised the total 12-month Base Year retroactive value to $3,500,000.00. [Council Approval: A24 -115 on June 29, 2021] o Modifications 3 & 4: No fiscal impact 2 - Option Year 1 o Modification 5 $143,835.62 Dec 10, 2021 - Dec 24, 2021 o Modification 6 $1,726,027.40 Dec 25, 2021 - June 22, 2022 Revised the partial Option Year 1 retroactive value to $1,869,863.02. [Council Approval: A24 -416 on May 3, 2022] o Modification 7 $1,500,000.00 June 23, 2022 - Sept 30, 2022 Revised the partial Option Year 1 retroactive value to $3,369,863.02. [Council Approval: A24 -478 on June 28, 2022] o Modification 8 $890,000.00 June 23, 2022 - Sept 30, 2022 o Modification 9 $2,000,000.00 Oct 1, 2022 - Dec 9, 2022 Modifications 8 and 9 revised the total 12-month Option Year 1 retroactive value to $6,259,863.02. [Council Approval: A24 -653 on Nov 1, 2022] - Option Year 2 o Modification 10 $925,000.00 Dec 10, 2022 - Feb, 7, 2023 o Proposed Mod 11 $4,200,000.00 Feb 8, 2023 - Dec 9, 2023 If approved, Modification 11 would revise the total 12-month Option Year 2 retroactive value to $5,125,000.00. [Council Approval: TBD] (C) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract: This Contract is for the provision of nurse staffing services at United Medical Center (“UMC”) for the emergency department (“ED”) and intensive care unit (“ICU”), and for telemetry services, for a period from December 10 , 2022 to December 9, 2023. (D) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price, technical or quality, and past performance components: As reported for the Base Year and Option Year 1, this contract was sole sourced under 27 DCMR 4618. (E) A description of any bid protest related to the award of the contract, including whether the protest was resolved through litigation, withdrawal of the protest by the protestor, or voluntary corrective action by the District. Include the identity of the protestor, the grounds alleged in the protest, and any deficiencies identified by the District as a result of the protest: There were no protests associated with this procurement. (F) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and performance on past or current government or private sector contracts with requirements similar to those of the proposed contract: Maxim Healthcare Staffing Services, Inc. is a privately held medical staffing company headquartered in Columbia, Maryland, that was founded in 1988. Maxim is accredited by the 3 Accreditation Commission for Health Care (ACHC) for our private duty nursing and certified home healthcare programs and is accredited by The Joint Comm ission for healthcare staffing services. Maxim is committed to adhering to standards set forth by The Joint Commission. In keeping with this dedication to quality service, Maxim has adapted The Joint Commission’s standards into daily business practices and internal training programs. (G) The period of performance associated with the proposed change, including date as of which the proposed change is to be made effective: Modification 10 for $925,000.00 and a period of Dec 10, 2022 - Feb, 7, 2023 was executed on December 13, 2022. If approved, Proposed Modification 11 for $4,200 ,000.00 would exercise the remainder of Option Year 2, from Feb 8, 2023 - Dec 9, 2023. (H) The value of any work or services performed pursuant to a proposed change for which the Council has not provided approval, disaggregated by each proposed change if more than one proposed change has been aggregated for Council review: The value of work performed pursuant to Modification 10 is $925,000.00 The value of work performed pursuant to Proposed Modification 11 is $1,810,487.85 (I) The aggregate dollar value of the proposed changes as compared with the amount of the contract as awarded: Modification 10, partially exercising Option Year 2, was awarded in the amount $925,000.00 Proposed Modification 11, exercising the remainder of the option year, would increase the value by $4,200,000.00 to $5,125,000.00 (J) The date on which the contracting officer was notified of the proposed change: March 15, 2023 (K) The reason why the proposed change was sent to Council for approval after it is intended to take effect: As conveyed during recent oversight hearings, UMC faces ongoing nursing specific staffing challenges due to constantly increasing agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, current staffing needs, and the pending wind down. These factors directly contribute to the retroactivity of nurse staffing modifications. Despite these difficulties, UMC continues to use its best efforts to build and maintain a panel of nurse staffing agencies that can provide qualified staff to UMC at the most favorable terms. 4 (L) The reason for the proposed change: UMC has a continuing need for the provision of nurse staffing services . (M) The legal, regulatory, or contractual authority for the proposed change: NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act. (N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq . (“Act”), including a certification that the subcontracting plan meets the minimum requirements of the Act and the dollar volume of the portion of the contract to be subcontracted, expressed both in total dollars and as a percentage of the total contract amount: As conveyed during recent oversight hearings, UMC remains challenged to staff specialty and non- specialty temporary nurses due to constantly increasing agency costs, extended time needed to negotiate financial terms, nationwide industry shortages, current staffing needs, and the pending wind down. Unfortunately, previous attempts to contract with DSLBD’s CBEs did not yield qualified staff and the Hospital’s clinical needs could not wait. Despite these difficulties, UMC remains undeterred in its efforts to create and maintain opportunities for small, local, and disadvantaged businesses at UMC across all areas of the hospital and looks forward to continuing to work with DSLBD and the community to improve. (O) Performance standards and the expected outcome of the proposed contract: The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation Interim CEO and Chief Nursing Officer. The performance standards are as outlined in the proposed Contract and as required by applicable local, federal, industry, and licensing entities. (P) The amount and date of any expenditure of funds by the District pursuant to the contract prior to its submission to the Council for approval: Expenditure pursuant to Modification 10: $925,000.00 Expenditure pursuant to Proposed Modification 11: $436,784.70 (Q) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02: See enclosed fiscal certification from the OCFO. (R) A certification that the contract is legally sufficient, including whether the proposed contractor has any pending legal claims against the District: 5 See enclosed legal certification from UMC Counsel. (S) A certification that Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code § 2- 353.01(b): See enclosed Clean Hands Certification. (T) A certification from the proposed contractor that it is current with its federal taxes, or has worked out and is current with a payment schedule approved by the federal government: The proposed contractor has certified its compliance. (U) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq .: The Contractor is not certified as a local, small, or disadvantaged business enterprise. (V) Other aspects of the proposed contract that the Chief Procurement Officer considers significant: All relevant aspects of the proposed Contract are enclosed. (W) A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment: As of March 21, 2023, the Contractor does not appear on the District or Federal Excluded Parties List. (X) Any determination and findings issues relating to the contract’s formation, including any determination and findings made under D.C. Official Code § 2- 352.05 (privatization contracts): None. (Y) Where the contract, and any amendments or modifications, if executed, will be made available online: The Hospital's website is currently being upgraded and the Hospital intends to post the executed Contract as soon as possible. Until then, the contract remains available onsite. 6 (Z) Where the original solicitation, and any amendments or modifications, will be made available online: The Hospital's website is currently being upgraded and the Hospital intends to post the executed Contract as soon as possible. 1101 4 th Street, SW Washington, DC 20024 Date of Notice:May 10, 2023 L0009573432Notice Number: FEIN: **-***6157 Case ID: 1510748 Government of the District of Columbia Office of the Chief Financial Officer Office of Tax and Revenue MAXIM HEALTHCARE STAFFING SERVICES INC 7227 LEE DEFOREST DR COLUMBIA MD 21046-3236 Branch Chief, Collection and Enforcement Administration Authorized By Melinda Jenkins To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the “Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section. CERTIFICATE OF CLEAN HANDS As reported in the Clean Hands system, the above referenced individual/entity has no outstanding liability with the District of Columbia Office of Tax and Revenue or the Department of Employment Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore this Certificate of Clean Hands is issued. TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES CHAPTER 28 GENERAL LICENSE SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT D.C. CODE § 47-2862 (2006) § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT 1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov COPY Government of the District of Columbia Office of the Chief Financial Officer MEMORANDUM To: Jacqueline Payne- Borden, Chief Executive Officer From: Lilian Chukwuma, CFO – Not-for-Profit Hospital Corporation Date: May 30, 2023 Re: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023 The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with Maxim Healthcare Staffing Services, Inc. for the provision of nurse staffing services pertaining to the emergency department, intensive care unit, and telemetry services. Modification 10 of the Contract partially exercised Option Year 2 for a total amount of $ 925,000.00 for the period from December 10, 2022 and terminating on February 7 , 2023. Proposed Modification 11 of the Contract for $4,200,000.00 would exercise the remainder of Option Year 2 through December 9, 2023, revising the total 12-month Option Year 2 dollar amount to $5,125,000.00. The Office of the Chief Financial Officer hereby certifies that the funds are included in the NFPHC FY 2023 budget. UMC 1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 • 202-574-6000 • WWW.UNITED-MEDICALCENTER.COM NOT-FOR-PROFIT HOSPITAL CORPORATION MEMORANDUM To: Jacqueline Payne-Borden Chief Executive Officer From: Eric Goulet General Counsel Reference: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023 Date: May 30, 2023 Subject: Legal Sufficiency I have reviewed the above-referenced Modification Nos. 10 and 11 to Contract NFPHC- NSD-21-C-00027 with Maxim Healthcare Staffing Inc. for the provision of nurse staffing services pertaining to the emergency department, intensive care unit, and telemetry services. I hereby certify that it appears to be legally sufficient. Please be advised that my finding is premised on the Contract being submitted to and approved by the Council of the District of Columbia. DocuSign Envelope ID: E23A511B-8C36-45E1-AB9C-DD8EB87BDDB0 NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as United Medical Center, an instrumentality of the District of Columbia government, hereinafter known as the “Hospital”. CONTRACT MODIFICATION/ CHANGE ORDER Page 1 of 1 NFPHC-NSD-21-C-00027 2.Address (Send invoices here) 4. Requisition/Purchase Order/Task Order/Modification Number: Not-For-Profit Hospital Corporation United Medical Center – Accounts Payable 1310 Southern Avenue, S.E. Washington, D.C. 20032 3a. Effective Date: December 10, 2022 Modification #10 3b. Date of Council Approval: N/A 5.Department(s) Using Goods or Services: Nursing Department 6. Contractor: name; address; phone number and email address Maxim Healthcare Staffing Services, Inc. 962 Wayne Avenue, Suite 600 Silver Spring, MD 20910 7. Subject: Modification to partially exercise Option Year Two (OY2) for sixty ( 60) days, commencing o n December 10, 2022 and terminating on February 7, 2023. 8. Exercise of Option X Change Order Supplemental Agreement Letter Contract/ Contract Extension Other: 9. Modification/Change Order Amount: $925,000.00 10. Total Contract Amount: $925,000.00 11.Modification to partially exercise Option Year Two (OY2) for sixty (60) days for the provision of Nurses. Unit: Rates ED $138.00 ICU $135.00 MS/T $115.00 RT $110.00 *All other terms and conditions of the contract shall remain the same. * Modification reflects new rates 12. Name of Contractor: Signature: _________________________________ Date: 13.Signature of Contracting Officer: Kendrick Dandridge, Contracting Officer Signature: ___________________________________ Date: 14. GENERAL COUNSEL – LEGAL SUFFICIENCY This contract appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandates while the Hospital strives to meet: (i) its Establishment Act purposes (D.C Official Code §44 -95 I.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which expressed the desire that the Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals for private sector takeover of the ownership and management of the United Medical Center. * Maryland barred attorney not licensed to practice law in D.C., work is supervised by a D.C. Bar Member. Legal Sufficiency: _________________________________________ Date: _ _______________ Michael Austin, NFPHC Associate Counsel * 15. CERTIFICATION OF FUNDS Signature: ________________________________ Date: ____________ Lilian Chukwuma, NFPHC CFO I hereby certify funds are sufficiently included in the District’s FY 2023 budget and financial plan to support this Contract. FOR INTERNAL PURPOSES ONLY OCFO REVIEW APPROVAL : ________: NFPHC Budget Officer CEO REVIEW APPROVAL : _______: NFPHC Chief Executive Officer Rob Coombs DocuSign Envelope ID: 460741DA-263E-43DC-B331-0667EB0DB171 12/6/2022 12/13/2022 NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as United Medical Center, an instrumentality of the District of Columbia government, hereinafter known as the “Hospital”. CONTRACT MODIFICATION/ CHANGE ORDER Page of Pages 1 of 1 NFPHC-MS-22-C-00043 2.Address (Send invoices here) 3a. Effective Date: 4. Requisition/Purchase Order/Task Order/Modification Number: Not-For-Profit Hospital Corporation United Medical Center – Accounts Payable 1310 Southern Avenue, S.E. Washington, D.C. 20032 February 8, 2023 Modification #1 1 3b. Date of Council Approval: 5.Department(s) Using Goods or Services: Nursing Department 6. Contractor: name; address; phone number and email address Maxim Healthcare Staffing Services, Inc. 962 Wayne Avenue, Suite 600 Silver Spring, MD 20910 7. Subject: Modification/change order to increase NTE and to exercise the remainder of Option Year two (OY2), commencing on February 8, 2023 and concluding on December 09, 2023. 8. Exercise of Option Change Order X Supplemental Agreement Letter Contract/ Contract Extension Other: 9. Modification/Change Order Amount: $2,500,000.00 10. Total Contract Amount: $3,425,000.00 11.Modification to increase NTE amount and to exercise the remainder of contract Option Year Two (OY2) for the provision of Nurses. Unit: Rates ED $125.00 ICU $122.00 MS/T $110.00 RT $98.00 a.All t erms of the Contract shall remain in full force and effect. b.Modification reflects new rates 12.Name of Contractor: Signature: _________________________________ Date: 13. Signature of Contracting Officer: Kendrick Dandridge, Contracting Officer Signature: ___________________________________ Date: 14. GENERAL COUNSEL – LEGAL SUFFICIENCY This contract appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandates while the Hospital strives to meet: (i) its Establishment Act purposes (D.C Official Code §44 -95 I.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which expressed the desire that the Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals for private sector takeover of the ownership and management of the United Medical Center. Legal Sufficiency: ______________________________________ Date: __________________ 15. CERTIFICATION OF FUNDS Signature: ____________________________________ Date: ________ Lilian Chukwuma, NFPHC CFO I hereby certify funds are sufficiently included in the District’s FY 2023 budget and financial plan to support this Contract. FOR INTERNAL PURPOSES ONLY OCFO REVIEW APPROVAL: : NFPHC Budget Officer CEO REVIEW APPROVAL: ______ ___: NFPHC Chief Operating Officer 3/21/2023 Maxim Healthcare Staffing Services, Inc. Yanira van den Broeck Nieves, NFPHC Associate General CounselDocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613 3/21/2023 3/21/2023 3/21/2023