District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0300 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5		-	1
6		-
7		-	AN ACT
8		-
9		-	__________
10		-
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	__________________
15		-
16		-
17		-	To approve, on an emergency basis, Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-
18		-	C-00027 with Maxim Healthcare Staffing to provide nurse staffing services for the
19		-	emergency department, intensive care unit, and telemetry services, and to authorize
20		-	payment for the services received and to be received under the contract.
21		-
22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027
24		-	with Maxim Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023”.
25		-
26		-	Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
27		-	December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), and notwithstanding the
28		-	requirements of section 202 of the Procurement Practices Reform Act of 2010, effective April 8,
29		-	2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02), the Council approves Modification
30		-	Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim Healthcare to provide nurse
31		-	staffing services for the emergency department, intensive care unit, and telemetry services and
32		-	authorizes payment in the not-to-exceed amount of $5,125,000 for the services received and to
33		-	be received under the contract.
34		-
35		-	Sec. 3. Fiscal impact statement.
36		-	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
37		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
38		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
39		-
40		-	Sec. 4. Effective date.
41		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
42		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
43		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
44		-
45		-	ENROLLED ORIGINAL
46		-
47		-
48		-
49		-	2
50		-
51		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
52		-	D.C. Official Code § 1-204.12(a)).
	1	+	UMC
53	2
54	3
55	4
56	5
57		-	______________________________
58		-	Chairman
59		-	Council of the District of Columbia
	6	+
	7	+	1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032 -4623 • 202-574-6000 • WWW.UNITED-MEDICALCENTER.COM
	8	+	May 30, 2023
	9	+
	10	+	The Honorable Phil Mendelson
	11	+	Chairman, Council of the District of Columbia
	12	+	John A. Wilson Building
	13	+	1350 Pennsylvania Avenue, N.W.
	14	+	Suite 504
	15	+	Washington, DC 20004
	16	+
	17	+	Dear Chairman Mendelson:
	18	+
	19	+	Enclosed for consideration and approval by the Council of the District of Columbia is
	20	+	Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim
	21	+	Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023, and
	22	+	Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim
	23	+	Healthcare Staffing Approval and Payment Authorization Emergency Declaration
	24	+	Resolution of 2023, for the provision of nurse staffing services pertaining to emergency
	25	+	department, intensive care unit, and telemetry services (“Contract”).
	26	+
	27	+	Council action is necessary to approve the December 13, 2022, partially exercised Option
	28	+	Year 2 Modification 10 (in the amount of $925,000.00 for a period of December 10, 2022
	29	+	through February 7, 2023) and Proposed Modification 11 (in the amount of $4,200,000.00
	30	+	for a period of February 8, 2023 through December 9, 2023) because when combined, the
	31	+	total retroactive contract value of Option Year 2 would be $5,125,000.00 for a 12-month
	32	+	period of December 10, 2022 to December 9, 2023. Continued approval is vital to avoiding
	33	+	a major disruption in these services. The unavoidable retroactivity, which was discussed
	34	+	during recent oversight hearings, is due to constantly increasing nurse agency costs,
	35	+	extended time needed to negotiate financial terms, nationwide industry shortages, current
	36	+	hospital staffing needs, and the pending wind down.
	37	+
	38	+	As always, I am available to discuss any questions you may have regarding this submittal.
	39	+	In order to facilitate a response to your questions, please have your staff contact me at (202)
	40	+	574-6611. I look forward to a favorable consideration on this contract.
	41	+
	42	+	Sincerely,
	43	+
	44	+
	45	+	Jacqueline Payne-Borden
	46	+	Chief Executive Officer
	47	+	Not-for-Profit Hospital Corporation
	48	+	Enclosures DocuSign Envelope ID: 616C0CD8-939A-4374-A2C2-306B3C51E8EE DocuSign Envelope ID: 616C0CD8-939A-4374-A2C2-306B3C51 E8EE
	49	+	May 30, 2023
	50	+	The Honorable Phil Mendelson
	51	+	Chairman, Council
	52	+	of the District of Columbia
	53	+	John
	54	+	A. Wilson Building
	55	+	1350 Pennsylvania Avenue, N.W.
	56	+	Suite 504
	57	+	Washington, DC 20004
	58	+	Dear Chairman Mendelson:
	59	+	Enclosed for consideration and approval by the Council
	60	+	of the District of Columbia is
	61	+	Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim
	62	+	Healthcare Staffing Approval and Payment Authorization Emergency Act
	63	+	of 2023, and
	64	+	Modification Nos.
	65	+	10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim
	66	+	Healthcare Staffing Approval and Payment Authorization Emergency Declaration
	67	+	Resolution
	68	+	of 2023, for the provision of nurse staffing services pertaining to emergency
	69	+	department, intensive care unit, and telemetry services ("Contract").
	70	+	Council action is necessary to approve the December 13, 2022, partially exercised Option
	71	+	Year 2 Modification
	72	+	10 (in the amount of $925,000.00 for a period of December 10, 2022
	73	+	through February
	74	+	7, 2023) and Proposed Modification 11 (in the amount of $4,200,000.00
	75	+	for a period
	76	+	of February 8, 2023 through December 9, 2023) because when combined, the
	77	+	total retroactive contract value
	78	+	of Option Year 2 would be $5,125,000.00 for a 12-month
	79	+	period ofDecember 10, 2022 to December
	80	+	9, 2023. Continued approval is vital to avoiding
	81	+	a major disruption in these services. The unavoidable retroactivity, which was discussed
	82	+	during recent oversight hearings, is due
	83	+	to constantly increasing nurse agency costs,
	84	+	extended time needed to negotiate financial terms, nationwide industry shortages, current
	85	+	hospital staffing needs, and the pending wind down.
	86	+	As always, I am available to discuss any questions you may have regarding this submittal.
	87	+	In order to facilitate a response to your questions, please have your staff contact me at (202)
	88	+	574-6611. I look forward to a favorable consideration on this contract.
	89	+	Sincerely,
	90	+	j~l,U,, p~l,U,,--fJt>V'~
	91	+	Jacqueline Payne-Borden
	92	+	Chief Executive Officer
	93	+	Not-for-Profit Hospital Corporation
	94	+	Enclosures
	95	+	1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 • 202-574-6000 • WWW.UNITED-MEDICALCENTER.COM 1
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	129	+	35
	130	+	A
	131	+	BILL
	132	+	~~
	133	+	/chairmanPh11Mendelson
	134	+	on behalf of the Not-for-Profit
	135	+	Hospital Corporation
	136	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	137	+	To approve, on an emergency basis, Modification Nos. 10 and 11 to Contract NFPHC
	138	+	NSD-21-C-00027 with Maxim Healthcare Staffing for the provision of nurse
	139	+	staffing services pertaining to the emergency department, intensive care unit, and
	140	+	telemetry services, and to authorize payment for the services received and to be
	141	+	received under the Contract.
	142	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
	143	+	That this act may be cited as the "Modification Nos. 10 and 11 to Contract NFPHC-NSD-
	144	+	21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization
	145	+	Emergency Act of 2023".
	146	+	Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act,
	147	+	approved December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and
	148	+	notwithstanding the requirements of section 202 of the Procurement Practices Reform
	149	+	Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02),
	150	+	the Council approves Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027
	151	+	with Maxim Healthcare Staffing for the provision of nurse staffing services pertaining to
	152	+	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
	153	+	37 the amount
	154	+	of $5,125,000.00.
	155	+	38 Sec.
	156	+	3. Fiscal impact statement.
	157	+	39 The Council adopts the fiscal impact statement
	158	+	of the Chief Financial Officer as
	159	+	40 the fiscal impact statement required by section 4a of the General Legislative Procedures
	160	+	41 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-
	161	+	42 301.47a).
	162	+	43 Sec. 4. Effective date.
	163	+	44 This act shall take effect following approval by the Mayor ( or in the event
	164	+	of veto
	165	+	45 by the Mayor, action by the Council to override the veto), and shall remain in effect for
	166	+	46 no longer than 90 days,
	167	+	as provided for emergency acts of the Council of the District of
	168	+	47 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
	169	+	48 December 24, 1973 (87 Stat. 788; D.C. Official
	170	+	Code§ 1-204.12(a)).
	171	+	49
	172	+	2 GOVERNMENT OF THE DISTRICT OF COLUMBIA
	173	+	Office
	174	+	of Contracting and Procurement
	175	+	* * *
	176	+	-
	177	+	Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
	178	+	Official
	179	+	Code§ 2-352.02(c-1), the following contract summary is provided:
	180	+	(A) Contract Number:
	181	+	COUNCIL CONTRACT SUMMARY
	182	+	(Retro)
	183	+	Contract NFPHC-NSD-21-C-00027
	184	+	Proposed Contractor: Maxim Healthcare Staffing Services, Inc.
	185	+	Contract Amount: Modification
	186	+	10: $925,000.00
	187	+	$4,200,000.00
	188	+	$5,125,000.00
	189	+	Dec 10, 2022 -Feb
	190	+	7, 2023
	191	+	Feb 8, 2023 -Dec
	192	+	9, 2023
	193	+	Dec 10, 2022 -Dec
	194	+	9, 2023
	195	+	Proposed Mod
	196	+	11 :
	197	+	OY2 Total:
	198	+	Unit and Method
	199	+	of Compensation: Monthly with proper invoices
	200	+	Term
	201	+	of Contract:
	202	+	Type
	203	+	of Contract:
	204	+	Source Selection Method:
	205	+	December
	206	+	10, 2022 -December 9, 2023; retroactive
	207	+	Fixed Fee, with monthly reconciliation
	208	+	Sole Source under 27 DCMR 4618
	209	+	(B) For a contract containing option periods, the contract amount for the base period and for
	210	+	each option period.
	211	+	If the contract amount for one or more of the option periods differs from
	212	+	the amount for the base period, provide
	213	+	an explanation of the reason for the difference:
	214	+	-Base Period
	215	+	o Initial Base
	216	+	o Modification 1
	217	+	o Modification 2
	218	+	$300,000.00
	219	+	$600,000.00
	220	+	$2,6b0,000.00
	221	+	Dec
	222	+	10, 2020 -Dec 9, 2021
	223	+	Dec 10, 2020 -Dec
	224	+	9, 2021
	225	+	Dec
	226	+	10, 2020 -Dec 9, 2021
	227	+	■ Revised the total 12-month Base Year retroactive value to $3,500,000.00.
	228	+	[Council Approval: A24-115 on June 29, 2021]
	229	+	o Modifications 3
	230	+	& 4: No fiscal impact
	231	+	1 -Option Year 1
	232	+	o Modification 5
	233	+	o Modification 6
	234	+	$143,835.62
	235	+	$1,726,027.40
	236	+	Dec
	237	+	10, 2021 - Dec 24, 2021
	238	+	Dec 25, 2021 -June 22, 2022
	239	+	• Revised the partial Option Year 1 retroactive value to
	240	+	$1,869,863.02. [Council
	241	+	Approval: A24-416 on
	242	+	May 3, 2022]
	243	+	o Modification 7
	244	+	$1,500,000.00 June 23, 2022 -Sept 30, 2022
	245	+	■ Revised the partial Option Year 1 retroactive value to $3,369,863.02. [Council
	246	+	Approval: A24-4 78 on June 28, 2022]
	247	+	o Modification 8 $890,000.00 June 23, 2022 -Sept 30, 2022
	248	+	o Modification 9 $2,000,000.00 Oct 1, 2022 -
	249	+	Dec 9, 2022
	250	+	■ Modifications 8 and 9 revised the total 12-month Option Year 1 retroactive value
	251	+	to $6,259,863.02. [Council Approval: A24-653 on
	252	+	Nov 1, 2022]
	253	+	-Option Year 2
	254	+	o Modification
	255	+	10 $925,000.00 Dec 10, 2022 -Feb, 7, 2023
	256	+	o Proposed
	257	+	Mod 11 $4,200,000.00 Feb 8, 2023 - Dec 9, 2023
	258	+	■ If approved, Modification 11 would revise the total 12-month Option Year 2
	259	+	retroactive value to $5,125,000.00. [Council Approval: TBD]
	260	+	(C) The goods or services to be provided, the methods of delivering goods or services, and any
	261	+	significant program changes reflected
	262	+	in the proposed contract:
	263	+	This Contract is for the provision of nurse staffing services at United Medical Center (" UMC") for
	264	+	the emergency department ("ED") and intensive care unit ("ICU"), and for telemetry services, for a
	265	+	period from
	266	+	December 10, 2022 to December 9, 2023.
	267	+	(D) The selection process, including the number of offerors, the evaluation criteria, and the
	268	+	evaluation results, including price, technical or quality, and past performance components:
	269	+	As reported for the Base Year and Option Year 1, this contract was sole sourced under 27
	270	+	DCMR4618.
	271	+	(E) A description of any bid protest related to the award of the contract, including whether the
	272	+	protest was resolved through litigation, withdrawal
	273	+	of the protest by the protestor, or
	274	+	voluntary corrective action by the District. Include the identity
	275	+	of the protestor, the grounds
	276	+	alleged in the protest, and any deficiencies identified by the District
	277	+	as a result of the protest:
	278	+	There were no protests associated with this procurement.
	279	+	(F) The background and qualifications of the proposed contractor, including its organization,
	280	+	financial stability, personnel, and performance on past or current government or private
	281	+	sector contracts with requirements similar
	282	+	to those of the proposed contract:
	283	+	Maxim Healthcare Staffing Services, Inc. is a privately held medical staffing company
	284	+	headquartered in Columbia, Maryland, that was founded in 1988.
	285	+	Maxim is accredited by the
	286	+	2 Accreditation Commission for Health Care (ACHC) for our private duty nursing and certified home
	287	+	healthcare programs and is accredited by The Joint Commission for healthcare staffing services.
	288	+	Maxim is committed to adhering to standards set forth by The Joint Commission. In keeping with
	289	+	this dedication to quality service, Maxim has adapted The Joint Commission's standards into daily
	290	+	business practices and internal training programs.
	291	+	(G) The period of performance associated with the proposed change, including date as of which
	292	+	the proposed change is to be made effective:
	293	+	Modification 10 for $925,000.00 and a period of Dec 10, 2022 -Feb, 7, 2023 was executed on
	294	+	December 13, 2022.
	295	+	If approved, Proposed Modification 11 for $4,200,000.00 would exercise the remainder of Option
	296	+	Year 2, from Feb
	297	+	8, 2023 -Dec 9, 2023.
	298	+	(H) The value of any work or services performed pursuant to a proposed change for which the
	299	+	Council has not provided approval, disaggregated by each proposed change
	300	+	if more than one
	301	+	proposed change has been aggregated for Council review:
	302	+	The value of work performed pursuant to Modification 10 is $925,000.00
	303	+	The value
	304	+	of work performed pursuant to Proposed Modification 11 is $1,810,487.85
	305	+	(I) The aggregate dollar value of the proposed changes as compared with the amount of the
	306	+	contract
	307	+	as awarded:
	308	+	Modification 10, partially exercising Option Year 2, was awarded in the amount $925,000.00
	309	+	Proposed Modification 11, exercising the remainder
	310	+	of the option year, would increase the value by
	311	+	$4,200,000.00 to $5,125,000.00
	312	+	(J) The date on which the contracting officer was notified of the proposed change:
	313	+	March 15, 2023
	314	+	(K) The reason why the proposed change was sent to Council for approval after it is intended to
	315	+	take effect:
	316	+	As conveyed during recent oversight hearings, UMC faces ongoing nursing specific staffing
	317	+	challenges due to constantly increasing agency costs, extended time needed to negotiate financial
	318	+	terms, nationwide industry shortages, current staffing needs, and the pending wind down. These
	319	+	factors directly contribute to the retroactivity
	320	+	of nurse staffing modifications. Despite these
	321	+	difficulties,
	322	+	UMC continues to use its best efforts to build and maintain a panel of nurse staffing
	323	+	agencies that can provide qualified
	324	+	staff to UMC at the most favorable terms.
	325	+	3 (L) The reason for the proposed change:
	326	+	UMC has a continuing need for the provision of nurse staffing services.
	327	+	(M) The legal, regulatory, or contractual authority for the proposed change:
	328	+	NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act.
	329	+	(N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
	330	+	Disadvantaged Business Enterprise Development and Assistance Act
	331	+	of 2005, as amended,
	332	+	D.C. Official Code
	333	+	§ 2-218.01 et seq. ("Act"), including a certification that the subcontracting
	334	+	plan meets the minimum requirements
	335	+	of the Act and the dollar volume of the portion of the
	336	+	contract to be subcontracted, expressed both in total dollars and as a percentage
	337	+	of the total
	338	+	contract amount:
	339	+	As conveyed during recent oversight hearings, UMC remains challenged to staff specialty and non
	340	+	specialty temporary nurses due to constantly increasing agency costs, extended time needed to
	341	+	negotiate financial terms, nationwide industry shortages, current staffing needs, and the pending
	342	+	wind down. Unfortunately, previous attempts to contract with DSLBD's CBEs did not yield
	343	+	qualified staff and the Hospital's clinical needs could not wait. Despite these difficulties, UMC
	344	+	remains undeterred in its efforts to create and maintain opportunities for small, local, and
	345	+	disadvantaged businesses at UMC across all areas
	346	+	of the hospital and looks forward to continuing to
	347	+	work with DSLBD and the community to improve.
	348	+	(0) Performance standards and the expected outcome of the proposed contract:
	349	+	The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation
	350	+	Interim
	351	+	CEO and Chief Nursing Officer. The performance standards are as outlined in the
	352	+	proposed Contract and as required
	353	+	by applicable local, federal, industry, and licensing entities.
	354	+	(P) The amount and date of any expenditure of funds by the District pursuant to the contract
	355	+	prior to its submission
	356	+	to the Council for approval:
	357	+	Expenditure pursuant to Modification 10: $925,000.00
	358	+	Expenditure pursuant to Proposed Modification
	359	+	11: $436,784.70
	360	+	(Q) A certification that the proposed contract is within the appropriated budget authority for the
	361	+	agency for the fiscal year and
	362	+	is consistent with the financial plan and budget adopted in
	363	+	accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
	364	+	See enclosed fiscal certification from the OCFO.
	365	+	(R) A certification that the contract is legally sufficient, including whether the proposed
	366	+	contractor has any pending legal claims against the District:
	367	+	4 See enclosed legal certification from UMC Counsel.
	368	+	(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is
	369	+	current with its District taxes.
	370	+	If the Citywide Clean Hands Database indicates that the
	371	+	proposed contractor is not current with its District taxes, either: (1) a certification that the
	372	+	contractor has worked out and is current with a payment schedule approved by the District;
	373	+	or (2) a certification that the contractor will be current with its District taxes after the District
	374	+	recovers any outstanding debt as provided under D.C. Official
	375	+	Code§ 2-353.0l(b):
	376	+	See enclosed Clean Hands Certification.
	377	+	(T) A certification from the proposed contractor that it is current with its federal taxes, or has
	378	+	worked out and
	379	+	is current with a payment schedule approved by the federal government:
	380	+	The proposed contractor has certified its compliance.
	381	+	(U) The status of the proposed contractor as a certified local, small, or disadvantaged business
	382	+	enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
	383	+	Development and Assistance Act
	384	+	of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:
	385	+	The Contractor is not certified as a local, small, or disadvantaged business enterprise.
	386	+	(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
	387	+	significant:
	388	+	All relevant aspects of the proposed Contract are enclosed.
	389	+	(W) A statement indicating whether the proposed contractor is currently debarred from providing
	390	+	services or goods to the District or federal government, the dates
	391	+	of the debarment, and the
	392	+	reasons for debarment:
	393	+	As of March 21, 2023, the Contractor does not appear on the District or Federal Excluded
	394	+	Parties List.
	395	+	(X) Any determination and findings issues relating to the contract's formation, including any
	396	+	determination and findings made under D.C. Official Code
	397	+	§ 2-352.05 (privatization
	398	+	contracts):
	399	+	None.
	400	+	(Y) Where the contract, and any amendments or modifications, if executed, will be made
	401	+	available online:
	402	+	The Hospital's website is currently being upgraded and the Hospital intends to post the
	403	+	executed Contract as soon as possible. Until then, the contract remains available onsite.
	404	+	5 (Z) Where the original solicitation, and any amendments or modifications, will be made available
	405	+	online:
	406	+	The Hospital's website is currently being upgraded and the Hospital intends to post the
	407	+	executed Contract as soon as possible.
	408	+	6 * * * Government of the District of Columbia
	409	+	Office
	410	+	of the Chief Financial Officer
	411	+	Office
	412	+	of Tax and Revenue
	413	+	Date of Notice: May 10, 2023
	414	+	MAXIM HEALTHCARE STAFFING SERVICES INC
	415	+	7227 LEE DEFOREST DR
	416	+	COLUMBIA MD 21046-3236
	417	+	1101 4
	418	+	th
	419	+	Street, SW
	420	+	Washington, DC 20024
	421	+	Notice Number: L0009573432
	422	+	FEIN: -*6157
	423	+	Case ID: 1510748
	424	+	CERTIFICATE OF CLEAN HANDS
	425	+	As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
	426	+	liability with the District
	427	+	of Columbia Office of Tax and Revenue or the Department of Employment
	428	+	Services. As
	429	+	of the date above, the individual/entity has complied with DC Code§ 47-2862, therefore
	430	+	this Certificate Clean Hands
	431	+	is issued.
	432	+	TIT
	433	+	I£E 47. TA:XATION",LICENSING, PERMITS, ASSESSMENTS, AND FEES
	434	+	eHAPTER 28 GENERAI£ UCENSE
	435	+	SUBCHAPTE R.II. ChEAN HANDS BEFORE RECEIVING A UCENSE OR PERMIT
	436	+	D.C.
	437	+	CODE§ 47-2862 (2006)
	438	+	§ 47-2862
	439	+	PROHIBITION AGAINST ISSUANCE OF UCENSE OR PERMIT
	440	+	Authorized
	441	+	By Melinda Jenkins
	442	+	Branch Chief, Collection and Enforcement Administration
	443	+	To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
	444	+	"Validate a Certificate
	445	+	of Clean Hands" hyperlink under the Clean Hands section.
	446	+	1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov MEMORANDUM
	447	+	Government of the District of Columbia
	448	+	Office
	449	+	of the Chief Financial Officer
	450	+	* '
	451	+	To: Jacqueline Payne-Borden, Chief Executive Officer
	452	+	From: Lilian Chukwuma, CFO-Not-for-Profit Hospital Corporatio
	453	+	Date: May 30, 2023
	454	+	Re: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim
	455	+	Healthcare Staffing Approval and Payment Authorization Emergency Act
	456	+	of 2023
	457	+	The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with Maxim Healthcare
	458	+	Staffing Services, Inc. for the provision
	459	+	of nurse staffing services pertaining to the emergency
	460	+	department, intensive care unit, and telemetry services. Modification
	461	+	10 of the Contract
	462	+	partially exercised Option Year 2 for a total amount
	463	+	of $925,000.00 for the period from
	464	+	December
	465	+	10, 2022 and terminating on February 7, 2023. Proposed Modification 11 of the
	466	+	Contract for $4,200,000.00 would exercise the remainder
	467	+	of Option Year 2 through December
	468	+	9, 2023, revising the total 12-month Option Year 2 dollar amount to $5,125,000.00.
	469	+	The Office
	470	+	of the Chief Financial Officer hereby certifies that the funds are included in the
	471	+	NFPHC FY 2023 budget. DocuSign Envelope ID: E23A511 B-8C36-45E1-AB9C-DD8EB87BDDB0
	472	+	MEMORANDUM
	473	+	To:
	474	+	From: Jacqueline Payne-Borden
	475	+	Chief Executive Officer
	476	+	Eric Goulet
	477	+	t,b
	478	+	General Counsel
	479	+	Reference: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with
	480	+	Maxim Healthcare Staffing Approval and Payment Authorization
	481	+	Emergency Act
	482	+	of 2023
	483	+	Date: May 30, 2023
	484	+	Subject: Legal Sufficiency
	485	+	I have reviewed the above-referenced Modification Nos.
	486	+	10 and 11 to Contract NFPHC
	487	+	NSD-21-C-00027 with Maxim Healthcare Staffing Inc. for the provision
	488	+	of nurse staffing
	489	+	services pertaining to the emergency department, intensive care unit, and telemetry
	490	+	services.
	491	+	I hereby certify that it appears to be legally sufficient. Please be advised that
	492	+	my finding
	493	+	is premised on the Contract being submitted to and approved by the Council of the
	494	+	District
	495	+	of Columbia.
	496	+	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
	497	+	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
	498	+	United Medical Center,
	499	+	an instrumentality of the District of Columbia government, hereinafter
	500	+	known as the "Hospital".
	501	+	2. Address (Send invoices here)
	502	+	Not-For-Profit Hospital Corporation
	503	+	United Medical Center -Accounts Payable
	504	+	1310 Southern Avenue, S.E.
	505	+	Washington, D.C. 20032
	506	+	3a. Effective Date:
	507	+	December 10, 2022
	508	+	3b. Date of Council
	509	+	Approval.
	510	+	5. Department(s) Using Goods or Services: Nursing Department
	511	+	6. Contractor: name; address; phone number and email address
	512	+	Maxim Healthcare Staffing Services, Inc.
	513	+	962 Wayne Avenue, Suite 600
	514	+	Silver Spring, MD 20910
	515	+	8. Exercise of X Change Order Supplemental
	516	+	0 tion A reement
	517	+	9. Modification/Change Order Amount: $925,000.00
	518	+	CONTRACT MODIFICATION/ CHANGE ORDER
	519	+	NFPHC-NSD-21-C-00027
	520	+	4. Requisition/Purchase Order/Task Order/Modification Number:
	521	+	Modification #10
	522	+	7. Subject:
	523	+	Page
	524	+	1 of 1
	525	+	Modification to partially exercise Option Year Two (OY2) for sixty (60)
	526	+	days,
	527	+	commencing on December 10, 2022 and terminating on February
	528	+	7, 2023.
	529	+	Letter Contract/
	530	+	Contract Extension
	531	+	Other:
	532	+	10.
	533	+	Total Contract Amount: $925,000.00
	534	+	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.
	535	+	Unit: Rates
	536	+	ED $138.00
	537	+	ICU $135.00
	538	+	MS/T $115.00
	539	+	RT $110.00
	540	+	* All other terms and conditions of the contract shall remain the same.
	541	+	* Modification reflects new rates
	542	+	12. Name of Contractor: Rob Coombs Date:
	543	+	Signature: __ /3. _ __,~=----"'-~--4-______ _
	544	+	14. GENERAL COUNSEL -LEGAL SUFFICIENCY
	545	+	13. Signature of Contracting Officer: Kendrick Dandridge,
	546	+	Contracting Officer
	547	+	Signature: ____ f_~-~-il;.-~---'---
	548	+	Date:
	549	+	2/13/2022
	550	+	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
	551	+	continues
	552	+	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
	553	+	strives
	554	+	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
	555	+	Councilmembers introduced the Sense
	556	+	of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of2014 (PR0-731)), which
	557	+	expressed the desire that the Hospital
	558	+	move swiftly to implement the strategic plan); a nd (iii) its clarified District government charged legislative mandate in the Fiscal Year
	559	+	20
	560	+	15 Budget Support Emergency Act of 2014 (B20-849), which required the Hospit al move forward expeditiously with improving UMC operations and soliciting proposals
	561	+	for private sector takeover
	562	+	of the ownership and management of the United Medical Center.* Maryland barred attorney not licensed to practice law in D.C., work is
	563	+	supervised by a D.C. Bar Member.
	564	+	Legal Sufficiency: ______ .-<""_--"~~--- ::-~~:)_:_-_________ _
	565	+	Michael Austin, NFPHC Associate Counsel *
	566	+	15.
	567	+	CERTIFICATION OF FUNDS
	568	+	S. C: h~-!.- Date·.
	569	+	1gnature:
	570	+	------~~------____ _
	571	+	Lilian
	572	+	Chuk~NFPHC CFO
	573	+	OCFO REVlEW AP PROV AL: ___ : NFPHC Budget Officer
	574	+	12/6/2022
	575	+	Date: ______ _
	576	+	I hereby certify funds are sufficiently included in the District's FY 2023 budget and
	577	+	financial plan
	578	+	to support this Contract.
	579	+	CEO REVIEW APPROVAL: L. NFPHC Chief Executive Officer DocuSign Envelope ID: O6CE3BO4-EFE0-49CA-9BEB-5201 F6C60613
	580	+	NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known
	581	+	as
	582	+	United Medical Center,
	583	+	an instrumentality
	584	+	of the District of Columbia government, hereinafter
	585	+	known
	586	+	as the "Hospital".
	587	+	2. Address (Send invoices here)
	588	+	Not-For-Profit Hospital Corporation
	589	+	United Medical Center -Accounts Payable
	590	+	1310 Southern Avenue, S.E.
	591	+	Washington, D.C. 20032
	592	+	3a. Effective Date:
	593	+	February 8, 2023
	594	+	3b. Date of Council
	595	+	Approval:
	596	+	5. De artment(s) Usin Goods or Services: Nursin De artment
	597	+	6. Contractor: name; address; phone number and email address
	598	+	Maxim Healthcare Staffing Services, Inc.
	599	+	962 Wayne Avenue, Suite 600
	600	+	Silver Spring, MD 20910
	601	+	8. Exercise of
	602	+	Option
	603	+	Change Order Supplemental
	604	+	X Agreement
	605	+	9. Modification/Change Order Amount: $2,500,000.00
	606	+	CONTRACT MODIFICATION/ CHANGE
	607	+	ORDER
	608	+	NFPHC-MS-22-C-00043
	609	+	Page of Pages
	610	+	1
	611	+	of 1
	612	+	4. Requisition/Purchase Order/Task Order/Modification Number:
	613	+	Modification
	614	+	# 11
	615	+	7. Subject:
	616	+	Modification/change order to increase NTE and to exercise the remainder of
	617	+	Option Year two (OY2), commencing on February 8, 2023 and concluding on
	618	+	December 09, 2023.
	619	+	Letter Contract/
	620	+	Contract Extension
	621	+	Other:
	622	+	10. Total Contract Amount: $3,425,000.00
	623	+	11. Modification to increase NTE amount and to exercise the remainder of contract Option Year Two (OY2) for the provision
	624	+	of Nurses.
	625	+	Unit: Rates
	626	+	ED
	627	+	$125.00
	628	+	ICU $122.00
	629	+	MS/T $110.00
	630	+	RT $98.00
	631	+	a. All terms of the Contract shall remain in full force and effect.
	632	+	b. Modification reflects new rates
	633	+	12. Name of Contractor: Maxim Healthcare Staffing Services, Inc.
	634	+	Signature:
	635	+	14. GENERAL COUNSEL-LEGAL SUFFICIENCY
	636	+	Date:
	637	+	13. Signature of Contracting Officer: Kendrick Dandridge,
	638	+	Contracting Officer
	639	+	3/21/2023 Signature:
	640	+	Date:
	641	+	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
	642	+	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
	643	+	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
	644	+	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transfom1ation and Sustainability Resolution of 2014 (PRO-731 )), which
	645	+	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
	646	+	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
	647	+	for private sector takeover of the ownership and management of the United Medical Center.
	648	+	~~"1W-~~~}/~
	649	+	Legal Sufficiency: ________________
	650	+	_
	651	+	3/21/2023
	652	+	Date: _______ _
	653	+	Yanira van den Broeck Nieves, NFPHC Associate General Counsel
	654	+	15. CERTIFICATION OF FUNDS
	655	+	c,,-z:: -/-
	656	+	Signature:=>
	657	+	Lilian Chukwuma, NFPHC CFO
	658	+	Date:3/21/202
	659	+	I hereby certify funds are sufficiently included
	660	+	in the District's FY 2023 budget and
	661	+	financial plan
	662	+	to support this Contract.
	663	+	CEO REVIEW AP PROV AL: : NFPHC Chief Operating Officer 2
	664	+	payment for the services received and to be received under this Contract and payment in 36
	665	+	the amount of $5,125,000.00. 37
	666	+	Sec. 3. Fiscal impact statement. 38
	667	+	The Council adopts the fiscal impact statement of the Chief Financial Officer as 39
	668	+	the fiscal impact statement required by section 4a of the General Legislative Procedures 40
	669	+	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-41
	670	+	301.47a). 42
	671	+	Sec. 4. Effective date. 43
	672	+	This act shall take effect following approval by the Mayor (or in the event of veto 44
	673	+	by the Mayor, action by the Council to override the veto), and shall remain in effect for 45
	674	+	no longer than 90 days, as provided for emergency acts of the Council of the District of 46
	675	+	Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 47
	676	+	December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)). 48
	677	+	49 _______________________ 1
	678	+	Chairman Phil Mendelson 2
	679	+	on behalf of the Not-for-Profit 3
	680	+	Hospital Corporation 4
	681	+	5
	682	+	6
	683	+	7
	684	+	8
	685	+	A BILL 9
	686	+	10
	687	+	__________ 11
	688	+	12
	689	+	13
	690	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
	691	+	15
	692	+	__________________ 16
	693	+	17
	694	+	18
	695	+	To approve, on an emergency basis, Modification Nos. 10 and 11 to Contract NFPHC-19
	696	+	NSD-21-C-00027 with Maxim Healthcare Staffing for the provision of nurse 20
	697	+	staffing services pertaining to the emergency department, intensive care unit, and 21
	698	+	telemetry services, and to authorize payment for the services received and to be 22
	699	+	received under the Contract. 23
	700	+	24
	701	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, 25
	702	+	That this act may be cited as the “ Modification Nos. 10 and 11 to Contract NFPHC-NSD-26
	703	+	21-C-00027 with Maxim Healthcare Staffing Approval and Payment Authorization 27
	704	+	Emergency Act of 2023”. 28
	705	+	Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, 29
	706	+	approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1- 204.51), and 30
	707	+	notwithstanding the requirements of section 202 of the Procurement Practices Refo rm 31
	708	+	Act of 2010, effective April 8, 2011 (D.C. Law 18 -371; D.C. Official Code § 2- 352.02), 32
	709	+	the Council approves Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 33
	710	+	with Maxim Healthcare Staffing for the provision of nurse staffing services pertaining to 34
	711	+	the emergency department, intensive care unit, and telemetry services, and authorize s 35 2
	712	+	payment for the services received and to be received under this Contract and payment in 36
	713	+	the amount of $5,125,000.00. 37
	714	+	Sec. 3. Fiscal impact statement. 38
	715	+	The Council adopts the fiscal impact statement of the Chief Financial Officer as 39
	716	+	the fiscal impact statement required by section 4a of the General Legislative Procedures 40
	717	+	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-41
	718	+	301.47a). 42
	719	+	Sec. 4. Effective date. 43
	720	+	This act shall take effect following approval by the Mayor (or in the event of veto 44
	721	+	by the Mayor, action by the Council to override the veto), and shall remain in effect for 45
	722	+	no longer than 90 days, as provided for emergency acts of the Council of the District of 46
	723	+	Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 47
	724	+	December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)). 48
	725	+	49 1
	726	+
	727	+	GOVERNMENT OF THE DISTRICT OF COLUMBIA
	728	+	Office of Contracting and Procurement
60	729
61	730
62	731
63	732
64		-	_________________________________
65		-	Mayor
66		-	District of Columbia
	733	+	Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
	734	+	Official Code § 2-352.02(c-1), the following contract summary is provided :
	735	+
	736	+	COUNCIL CONTRACT SUMMARY
	737	+	(Retro)
	738	+
	739	+	(A) Contract Number: Contract NFPHC- NSD-21-C-00027
	740	+
	741	+	Proposed Contractor:
	742	+	Maxim Healthcare Staffing Services, Inc.
	743	+
	744	+	Contract Amount : Modification 10: $925,000.00 Dec 10, 2022 - Feb 7, 2023
	745	+	Proposed Mod 11: $4,200,000.00 Feb 8, 2023 - Dec 9, 2023
	746	+	OY2 Total: $5,125,000.00 Dec 10, 2022 - Dec 9 , 2023
	747	+
	748	+	Unit and Method of Compensation: Monthly with proper invoices
	749	+
	750	+	Term of Contract: December 10 , 2022 – December 9, 2023; retroactive
	751	+
	752	+	Type of Contract: Fixed Fee, with monthly reconciliation
	753	+
	754	+	Source Selection Method: Sole Source under 27 DCMR 4618
	755	+
	756	+
	757	+	(B) For a contract containing option periods, the contract amount for the base period and for
	758	+	each option period. If the contract amount for one or more of the option periods differs from
	759	+	the amount for the base period, provide an explanation of the reason for th e difference:
	760	+
	761	+	- Base Period
	762	+	o Initial Base $300,000.00 Dec 10, 2020 - Dec 9, 2021
	763	+	o Modification 1 $600,000.00 Dec 10, 2020 - Dec 9, 2021
	764	+	o Modification 2 $2,600,000.00 Dec 10, 2020 - Dec 9, 2021
	765	+	 Revised the total 12-month Base Year retroactive value to $3,500,000.00.
	766	+	[Council Approval: A24 -115 on June 29, 2021]
	767	+	o Modifications 3 & 4: No fiscal impact
	768	+	2
	769	+
	770	+	- Option Year 1
	771	+	o Modification 5 $143,835.62 Dec 10, 2021 - Dec 24, 2021
	772	+	o Modification 6 $1,726,027.40 Dec 25, 2021 - June 22, 2022
	773	+	 Revised the partial Option Year 1 retroactive value to $1,869,863.02. [Council
	774	+	Approval: A24 -416 on May 3, 2022]
	775	+	o Modification 7 $1,500,000.00 June 23, 2022 - Sept 30, 2022
	776	+	 Revised the partial Option Year 1 retroactive value to $3,369,863.02. [Council
	777	+	Approval: A24 -478 on June 28, 2022]
	778	+	o Modification 8 $890,000.00 June 23, 2022 - Sept 30, 2022
	779	+	o Modification 9 $2,000,000.00 Oct 1, 2022 - Dec 9, 2022
	780	+	 Modifications 8 and 9 revised the total 12-month Option Year 1 retroactive value
	781	+	to $6,259,863.02. [Council Approval: A24 -653 on Nov 1, 2022]
	782	+
	783	+	- Option Year 2
	784	+	o Modification 10 $925,000.00 Dec 10, 2022 - Feb, 7, 2023
	785	+	o Proposed Mod 11 $4,200,000.00 Feb 8, 2023 - Dec 9, 2023
	786	+	 If approved, Modification 11 would revise the total 12-month Option Year 2
	787	+	retroactive value to $5,125,000.00. [Council Approval: TBD]
	788	+
	789	+	(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:
	790	+	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
	791	+	period from December 10 , 2022 to December 9, 2023.
	792	+
	793	+	(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:
	794	+
	795	+	As reported for the Base Year and Option Year 1, this contract was sole sourced under 27
	796	+	DCMR 4618.
	797	+
	798	+	(E) A description of any bid protest related to the award of the contract, including whether the
	799	+	protest was resolved through litigation, withdrawal of the protest by the protestor, or
	800	+	voluntary corrective action by the District. Include the identity of the protestor, the grounds
	801	+	alleged in the protest, and any deficiencies identified by the District as a result of the protest:
	802	+
	803	+	There were no protests associated with this procurement.
	804	+
	805	+	(F) The background and qualifications of the proposed contractor, including its organization,
	806	+	financial stability, personnel, and performance on past or current government or private
	807	+	sector contracts with requirements similar to those of the proposed contract:
	808	+
	809	+	Maxim Healthcare Staffing Services, Inc. is a privately held medical staffing company
	810	+	headquartered in Columbia, Maryland, that was founded in 1988. Maxim is accredited by the 3
	811	+
	812	+	Accreditation Commission for Health Care (ACHC) for our private duty nursing and certified home
	813	+	healthcare programs and is accredited by The Joint Comm ission for healthcare staffing services.
	814	+	Maxim is committed to adhering to standards set forth by The Joint Commission. In keeping with
	815	+	this dedication to quality service, Maxim has adapted The Joint Commission’s standards into daily
	816	+	business practices and internal training programs.
	817	+
	818	+	(G) The period of performance associated with the proposed change, including date as of which
	819	+	the proposed change is to be made effective:
	820	+
	821	+	Modification 10 for $925,000.00 and a period of Dec 10, 2022 - Feb, 7, 2023 was executed on
	822	+	December 13, 2022.
	823	+
	824	+	If approved, Proposed Modification 11 for $4,200 ,000.00 would exercise the remainder of Option
	825	+	Year 2, from Feb 8, 2023 - Dec 9, 2023.
	826	+
	827	+	(H) The value of any work or services performed pursuant to a proposed change for which the
	828	+	Council has not provided approval, disaggregated by each proposed change if more than one
	829	+	proposed change has been aggregated for Council review:
	830	+
	831	+	The value of work performed pursuant to Modification 10 is $925,000.00
	832	+
	833	+	The value of work performed pursuant to Proposed Modification 11 is $1,810,487.85
	834	+
	835	+	(I) The aggregate dollar value of the proposed changes as compared with the amount of the
	836	+	contract as awarded:
	837	+
	838	+	Modification 10, partially exercising Option Year 2, was awarded in the amount $925,000.00
	839	+
	840	+	Proposed Modification 11, exercising the remainder of the option year, would increase the value by
	841	+	$4,200,000.00 to $5,125,000.00
	842	+
	843	+	(J) The date on which the contracting officer was notified of the proposed change:
	844	+
	845	+	March 15, 2023
	846	+
	847	+	(K) The reason why the proposed change was sent to Council for approval after it is intended to
	848	+	take effect:
	849	+
	850	+	As conveyed during recent oversight hearings, UMC faces ongoing nursing specific staffing
	851	+	challenges due to constantly increasing agency costs, extended time needed to negotiate financial
	852	+	terms, nationwide industry shortages, current staffing needs, and the pending wind down. These
	853	+	factors directly contribute to the retroactivity of nurse staffing modifications. Despite these
	854	+	difficulties, UMC continues to use its best efforts to build and maintain a panel of nurse staffing
	855	+	agencies that can provide qualified staff to UMC at the most favorable terms.
	856	+
	857	+	4
	858	+
	859	+	(L) The reason for the proposed change:
	860	+	UMC has a continuing need for the provision of nurse staffing services .
	861	+	(M) The legal, regulatory, or contractual authority for the proposed change:
	862	+
	863	+	NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act.
	864	+
	865	+	(N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
	866	+	Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
	867	+	D.C. Official Code § 2-218.01 et seq . (“Act”), including a certification that the subcontracting
	868	+	plan meets the minimum requirements of the Act and the dollar volume of the portion of the
	869	+	contract to be subcontracted, expressed both in total dollars and as a percentage of the total
	870	+	contract amount:
	871	+
	872	+	As conveyed during recent oversight hearings, UMC remains challenged to staff specialty and non-
	873	+	specialty temporary nurses due to constantly increasing agency costs, extended time needed to
	874	+	negotiate financial terms, nationwide industry shortages, current staffing needs, and the pending
	875	+	wind down. Unfortunately, previous attempts to contract with DSLBD’s CBEs did not yield
	876	+	qualified staff and the Hospital’s clinical needs could not wait. Despite these difficulties, UMC
	877	+	remains undeterred in its efforts to create and maintain opportunities for small, local, and
	878	+	disadvantaged businesses at UMC across all areas of the hospital and looks forward to continuing to
	879	+	work with DSLBD and the community to improve.
	880	+
	881	+	(O) Performance standards and the expected outcome of the proposed contract:
	882	+
	883	+	The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation
	884	+	Interim CEO and Chief Nursing Officer. The performance standards are as outlined in the
	885	+	proposed Contract and as required by applicable local, federal, industry, and licensing entities.
	886	+
	887	+
	888	+	(P) The amount and date of any expenditure of funds by the District pursuant to the contract
	889	+	prior to its submission to the Council for approval:
	890	+	Expenditure pursuant to Modification 10: $925,000.00
	891	+	Expenditure pursuant to Proposed Modification 11: $436,784.70
	892	+	(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
	893	+	accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
	894	+
	895	+	See enclosed fiscal certification from the OCFO.
	896	+
	897	+	(R) A certification that the contract is legally sufficient, including whether the proposed
	898	+	contractor has any pending legal claims against the District:
	899	+	5
	900	+
	901	+	See enclosed legal certification from UMC Counsel.
	902	+
	903	+	(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is
	904	+	current with its District taxes. If the Citywide Clean Hands Database indicates that the
	905	+	proposed contractor is not current with its District taxes, either: (1) a certification that the
	906	+	contractor has worked out and is current with a payment schedule approved by the District;
	907	+	or (2) a certification that the contractor will be current with its District taxes after the District
	908	+	recovers any outstanding debt as provided under D.C. Official Code § 2- 353.01(b):
	909	+
	910	+	See enclosed Clean Hands Certification.
	911	+
	912	+
	913	+	(T) A certification from the proposed contractor that it is current with its federal taxes, or has
	914	+	worked out and is current with a payment schedule approved by the federal government:
	915	+
	916	+	The proposed contractor has certified its compliance.
	917	+
	918	+	(U) The status of the proposed contractor as a certified local, small, or disadvantaged business
	919	+	enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
	920	+	Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq .:
	921	+
	922	+	The Contractor is not certified as a local, small, or disadvantaged business enterprise.
	923	+
	924	+
	925	+	(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
	926	+	significant:
	927	+
	928	+	All relevant aspects of the proposed Contract are enclosed.
	929	+
	930	+	(W) A statement indicating whether the proposed contractor is currently debarred from providing
	931	+	services or goods to the District or federal government, the dates of the debarment, and the
	932	+	reasons for debarment:
	933	+
	934	+	As of March 21, 2023, the Contractor does not appear on the District or Federal Excluded
	935	+	Parties List.
	936	+
	937	+
	938	+	(X) Any determination and findings issues relating to the contract’s formation, including any
	939	+	determination and findings made under D.C. Official Code § 2- 352.05 (privatization
	940	+	contracts):
	941	+
	942	+	None.
	943	+
	944	+	(Y) Where the contract, and any amendments or modifications, if executed, will be made
	945	+	available online:
	946	+
	947	+	The Hospital's website is currently being upgraded and the Hospital intends to post the
	948	+	executed Contract as soon as possible. Until then, the contract remains available onsite.
	949	+
	950	+	6
	951	+
	952	+	(Z) Where the original solicitation, and any amendments or modifications, will be made available
	953	+	online:
	954	+
	955	+	The Hospital's website is currently being upgraded and the Hospital intends to post the
	956	+	executed Contract as soon as possible.
	957	+	1101 4
	958	+	th
	959	+	Street, SW
	960	+	Washington, DC 20024
	961	+	Date of Notice:May 10, 2023 L0009573432Notice Number:
	962	+	FEIN: -*6157
	963	+	Case ID: 1510748
	964	+
	965	+	Government of the District of Columbia
	966	+	Office of the Chief Financial Officer
	967	+	Office of Tax and Revenue
	968	+	MAXIM HEALTHCARE STAFFING SERVICES INC
	969	+	7227 LEE DEFOREST DR
	970	+	COLUMBIA MD 21046-3236
	971	+
	972	+	Branch Chief, Collection and Enforcement Administration
	973	+	Authorized By Melinda Jenkins
	974	+	To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
	975	+	“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
	976	+	CERTIFICATE OF CLEAN HANDS
	977	+	As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
	978	+	liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
	979	+	Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
	980	+	this Certificate of Clean Hands is issued.
	981	+	TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
	982	+	CHAPTER 28 GENERAL LICENSE
	983	+	SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
	984	+	D.C. CODE § 47-2862 (2006)
	985	+	§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
	986	+	1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
	987	+
	988	+
	989	+	COPY Government of the District of Columbia
	990	+	Office of the Chief Financial Officer
	991	+
	992	+	MEMORANDUM
	993	+	To: Jacqueline Payne- Borden, Chief Executive Officer
	994	+
	995	+	From: Lilian Chukwuma, CFO – Not-for-Profit Hospital Corporation
	996	+
	997	+	Date: May 30, 2023
	998	+
	999	+	Re: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with Maxim
	1000	+	Healthcare Staffing Approval and Payment Authorization Emergency Act of 2023
	1001	+
	1002	+
	1003	+	The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with Maxim Healthcare
	1004	+	Staffing Services, Inc. for the provision of nurse staffing services pertaining to the emergency
	1005	+	department, intensive care unit, and telemetry services. Modification 10 of the Contract
	1006	+	partially exercised Option Year 2 for a total amount of $ 925,000.00 for the period from
	1007	+	December 10, 2022 and terminating on February 7 , 2023. Proposed Modification 11 of the
	1008	+	Contract for $4,200,000.00 would exercise the remainder of Option Year 2 through December
	1009	+	9, 2023, revising the total 12-month Option Year 2 dollar amount to $5,125,000.00.
	1010	+
	1011	+	The Office of the Chief Financial Officer hereby certifies that the funds are included in the NFPHC FY 2023 budget.
	1012	+	UMC
67	1013
68	1014
69	1015
70	1016
	1017	+
	1018	+	1310 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 • 202-574-6000 • WWW.UNITED-MEDICALCENTER.COM NOT-FOR-PROFIT HOSPITAL CORPORATION
	1019	+
	1020	+
	1021	+
	1022	+
	1023	+	MEMORANDUM
	1024	+
	1025	+	To: Jacqueline Payne-Borden
	1026	+	Chief Executive Officer
	1027	+
	1028	+	From: Eric Goulet
	1029	+	General Counsel
	1030	+
	1031	+	Reference: Modification Nos. 10 and 11 to Contract NFPHC-NSD-21-C-00027 with
	1032	+	Maxim Healthcare Staffing Approval and Payment Authorization
	1033	+	Emergency Act of 2023
	1034	+
	1035	+	Date: May 30, 2023
	1036	+
	1037	+	Subject: Legal Sufficiency
	1038	+
	1039	+
	1040	+	I have reviewed the above-referenced Modification Nos. 10 and 11 to Contract NFPHC-
	1041	+	NSD-21-C-00027 with Maxim Healthcare Staffing Inc. for the provision of nurse staffing
	1042	+	services pertaining to the emergency department, intensive care unit, and telemetry
	1043	+	services.
	1044	+
	1045	+	I hereby certify that it appears to be legally sufficient. Please be advised that my finding
	1046	+	is premised on the Contract being submitted to and approved by the Council of the
	1047	+	District of Columbia.
	1048	+
	1049	+
	1050	+	DocuSign Envelope ID: E23A511B-8C36-45E1-AB9C-DD8EB87BDDB0 NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
	1051	+	United Medical Center,
	1052	+	an instrumentality of the District of Columbia government, hereinafter
	1053	+	known as the “Hospital”.
	1054	+	CONTRACT MODIFICATION/ CHANGE ORDER
	1055	+	Page
	1056	+	1 of 1
	1057	+	NFPHC-NSD-21-C-00027
	1058	+	2.Address (Send invoices here) 4. Requisition/Purchase Order/Task Order/Modification Number:
	1059	+	Not-For-Profit Hospital Corporation
	1060	+	United Medical Center – Accounts Payable
	1061	+	1310 Southern Avenue, S.E.
	1062	+	Washington, D.C. 20032
	1063	+	3a. Effective Date:
	1064	+	December 10, 2022
	1065	+	Modification #10 3b. Date of Council
	1066	+	Approval: N/A
	1067	+	5.Department(s) Using Goods or Services: Nursing Department
	1068	+	6. Contractor: name; address; phone number and email address
	1069	+	Maxim Healthcare Staffing Services, Inc.
	1070	+	962 Wayne Avenue, Suite 600
	1071	+	Silver Spring, MD 20910
	1072	+	7.
	1073	+	Subject:
	1074	+	Modification to partially exercise Option Year Two (OY2) for sixty (
	1075	+	60)
	1076	+	days, commencing o
	1077	+	n December 10, 2022 and terminating on February
	1078	+	7, 2023.
	1079	+	8. Exercise of
	1080	+	Option
	1081	+	X
	1082	+	Change Order Supplemental
	1083	+	Agreement
	1084	+	Letter Contract/
	1085	+	Contract Extension
	1086	+	Other:
	1087	+	9. Modification/Change Order Amount: $925,000.00 10. Total Contract Amount: $925,000.00
	1088	+	11.Modification to partially exercise Option Year Two (OY2) for sixty (60) days for the provision of Nurses.
	1089	+	Unit: Rates
	1090	+	ED $138.00
	1091	+	ICU $135.00
	1092	+	MS/T $115.00
	1093	+	RT $110.00
	1094	+	*All other terms and conditions of the contract shall remain the same.
	1095	+	* Modification reflects new rates
	1096	+	12. Name of Contractor:
	1097	+	Signature: _________________________________
	1098	+	Date: 13.Signature of Contracting Officer: Kendrick Dandridge,
	1099	+	Contracting Officer
	1100	+	Signature: ___________________________________
	1101	+	Date:
	1102	+	14. GENERAL COUNSEL – LEGAL SUFFICIENCY
	1103	+	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
	1104	+	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
	1105	+	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
	1106	+	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
	1107	+	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
	1108	+	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
	1109	+	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
	1110	+	supervised by a D.C. Bar Member.
	1111	+	Legal Sufficiency: _________________________________________ Date: _ _______________
	1112	+	Michael Austin,
	1113	+	NFPHC Associate Counsel *
	1114	+	15. CERTIFICATION OF FUNDS
	1115	+	Signature: ________________________________ Date: ____________
	1116	+	Lilian Chukwuma, NFPHC CFO
	1117	+	I hereby certify funds are sufficiently included in the District’s FY 2023 budget and
	1118	+	financial plan to support this Contract.
	1119	+	FOR INTERNAL PURPOSES ONLY
	1120	+	OCFO REVIEW APPROVAL : ________: NFPHC Budget Officer CEO REVIEW APPROVAL : _______: NFPHC Chief Executive Officer Rob Coombs DocuSign Envelope ID: 460741DA-263E-43DC-B331-0667EB0DB171
	1121	+	12/6/2022
	1122	+	12/13/2022 NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
	1123	+	United Medical Center,
	1124	+	an instrumentality of the District of Columbia government, hereinafter
	1125	+	known as the “Hospital”.
	1126	+	CONTRACT MODIFICATION/ CHANGE
	1127	+	ORDER
	1128	+	Page of Pages
	1129	+	1 of 1
	1130	+	NFPHC-MS-22-C-00043
	1131	+	2.Address (Send invoices here) 3a. Effective Date: 4. Requisition/Purchase Order/Task Order/Modification Number:
	1132	+	Not-For-Profit Hospital Corporation
	1133	+	United Medical Center – Accounts Payable
	1134	+	1310 Southern Avenue, S.E.
	1135	+	Washington, D.C. 20032
	1136	+	February 8, 2023
	1137	+	Modification #1 1
	1138	+	3b. Date of Council
	1139	+	Approval:
	1140	+	5.Department(s) Using Goods or Services: Nursing Department
	1141	+	6. Contractor: name; address; phone number and email address
	1142	+	Maxim Healthcare Staffing Services, Inc.
	1143	+	962 Wayne Avenue, Suite 600
	1144	+	Silver Spring, MD 20910
	1145	+	7. Subject:
	1146	+	Modification/change order to increase NTE and to exercise the remainder of
	1147	+	Option Year two (OY2), commencing on February 8, 2023 and concluding on
	1148	+	December 09, 2023.
	1149	+
	1150	+	8. Exercise of
	1151	+	Option
	1152	+	Change Order
	1153	+	X
	1154	+	Supplemental
	1155	+	Agreement
	1156	+	Letter Contract/
	1157	+	Contract Extension
	1158	+	Other:
	1159	+	9. Modification/Change Order Amount: $2,500,000.00 10. Total Contract Amount: $3,425,000.00
	1160	+	11.Modification to increase NTE amount and to exercise the remainder of contract Option Year Two (OY2) for the provision of Nurses.
	1161	+	Unit: Rates
	1162	+	ED $125.00
	1163	+	ICU $122.00
	1164	+	MS/T $110.00
	1165	+	RT $98.00
	1166	+	a.All t erms of the Contract shall remain in full force and effect.
	1167	+	b.Modification reflects new rates
	1168	+	12.Name of Contractor:
	1169	+	Signature: _________________________________
	1170	+	Date: 13. Signature of Contracting Officer: Kendrick Dandridge,
	1171	+	Contracting Officer
	1172	+	Signature: ___________________________________
	1173	+	Date:
	1174	+	14. GENERAL COUNSEL – LEGAL SUFFICIENCY
	1175	+	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
	1176	+	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
	1177	+	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
	1178	+	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
	1179	+	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
	1180	+	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
	1181	+	for private sector takeover of the ownership and management of the United Medical Center.
	1182	+
	1183	+	Legal Sufficiency: ______________________________________ Date: __________________
	1184	+	15. CERTIFICATION OF FUNDS
	1185	+	Signature: ____________________________________ Date: ________
	1186	+	Lilian Chukwuma, NFPHC CFO
	1187	+	I hereby certify funds are sufficiently included in the District’s FY 2023 budget and
	1188	+	financial plan to support this Contract.
	1189	+	FOR INTERNAL PURPOSES ONLY
	1190	+	OCFO REVIEW APPROVAL: : NFPHC Budget Officer CEO REVIEW APPROVAL: ______
	1191	+	___: NFPHC Chief Operating Officer 3/21/2023 Maxim Healthcare Staffing Services, Inc.
	1192	+	Yanira van den Broeck Nieves, NFPHC Associate General CounselDocuSign Envelope ID: D6CE3BD4-EFE0-49CA-9BEB-5201F6C60613
	1193	+	3/21/2023
	1194	+	3/21/2023
	1195	+	3/21/2023