District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1026 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
	1	+	e°eoUMC
	2	+	uuatse
	3	+	November6,2024
	4	+	TheHonorablePhilMendelson
	5	+	Chairman,CounciloftheDistrictofColumbia
	6	+	JohnA.WilsonBuilding
	7	+	1350PennsylvaniaAvenue,N.W.
	8	+	Suite504
	9	+	Washington,DC20004
	10	+	DearChairmanMendelson:
	11	+	EnclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiais
	12	+	“ModificationNos.13and14toContractNo.NFPHC-NSD-21-C-00027betweenNot-for-
	13	+	ProfitHospitalCorporationandAmergisHealthcareStaffingInc.ApprovalandPayment
	14	+	AuthorizationEmergencyActof2024”,and“ModificationNos.13and14toContractNFPHC-
	15	+	NSD-21-C-00027betweentheNot-for-ProfitHospitalCorporationandAmergisHealthcare
	16	+	StaffingInc.ApprovalandPaymentAuthorizationEmergencyDeclarationResolutionof2024”,
	17	+	fortheprovisionofnursestaffingservicespertainingtoemergencydepartment,intensivecare
	18	+	unit,andtelemetryservices(“Contract”).
	19	+	‘CouncilactionisnecessarytoapproveproposedModification#13totheOptionYear3
	20	+	($6,000,000;December10,2023—December9,2024)becausewhencombinedwiththeprevious
	21	+	CouncilapprovedModification12toexerciseOptionYear3ofthiscontract($3,000,000;
	22	+	December10,2023~December9,2024:A25-401),thetotalretroactivevaluefortheOption
	23	+	Year3wouldbe$9,000,000.CouneilactionisalsonecessarytoapproveproposedModification
	24	+	#14,whichseekstofullyexerciseOptionYear4for$3,200,000fortheperiod,December10,
	25	+	2024throughMarch31,2025.InrecentyearsUMChasseencostsincreasefornursestaffingdue
	26	+	tocompetingnationalandregionalpersonnelneeds,sothecontractwasfurthermodifiedto
	27	+	addresstheseexpenses.Further,withthewindingdownandclosureofthehospital,ithasbeen
	28	+	increasinglydifficulttohirenursingpersonnel,andthusUMChasneededtorelymoreon
	29	+	staffingagenciestomaintainrequiredstaffinglevels.Councilapprovalremainsvitaltoavoid
	30	+	disruptiontotheseessentialservices.Note:AmergisHealthcareStaffingInc.wasformerly
	31	+	MaximHealthcareStaffingServicesInc.
	32	+	Asalways,amavailabletodiscussanyquestionsyoumayhaveregardingthissubmittal.In
	33	+	ordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactmeat
	34	+	(202)574-6611.[lookforwardtoafavorableconsiderationonthiscontract
	35	+	Sincerely,
	36	+	woe Roave-Qadir
	37	+	\quelin¢Payne-Borden
	38	+	ChiefExecutiveOfficer
	39	+	Not-for-ProfitHospitalCorporation
	40	+	Enclosure
	41	+	41910SOUTHERNAVENUE,SEWASHINGTON,D.C.20032-4623+202-674-6000+WWWUNITED-MEDICALCENTER.COM 1
	42	+	2 airman Phil Mendelson
	43	+	3 on behalf
	44	+	of the Not-for-Profit
	45	+	4 Hospital Corporation
	46	+	5
	47	+	6
	48	+	7
	49	+	8
	50	+	9 A BILL
	51	+	10
	52	+	11
	53	+	12
	54	+	13
	55	+	14 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	56	+	15
	57	+	16
	58	+	17
	59	+	18
	60	+	19 To approve, on an emergency basis, Modification Nos. 13 and 14 to Contract NFPHC-
	61	+	20 NSD-21-C-00027 between the Not-for-Profit Hospital Corporation, commonly
	62	+	21 known as United Medical Center ("Hospital") and Amergis Healthcare Staffing
	63	+	22 Inc. (formerly Maxim Healthcare Staffing Services Inc.) for the provision of nurse
	64	+	23 staffing services pertaining to emergency department, intensive care unit, and
	65	+	24 telemetry services ("Contract"), and
	66	+	to authorize payment for the services
	67	+	25 received and to be received under the Contract.
	68	+	26
	69	+	27 BE IT ENACTED BY THE COUNCIL
	70	+	OF THE DISTRICT OF COLUMBIA,
	71	+	28 That this act may be cited as the "Modification Nos. 13 and 14 to Contract NFPHC-NSD-
	72	+	29 21-C-00027 between Not-for-Profit Hospital Corporation and Amergis Healthcare
	73	+	30 Staffing Inc. Approval and Payment Authorization Emergency Act of 2024".
	74	+	31 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act,
	75	+	32 approved December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and
	76	+	33 notwithstanding the requirements of section 202 of the Procurement Practices Reform
	77	+	34 Act
	78	+	of 2010, effective April 8, 2011 (D.C. Law 18-371; D. C. Official Code§ 2-352.02),
	79	+	35 the Council approves Modification Nos. 13 and 14 to Contract NFPHC-NSD-21-C-00027
	80	+	36 between the Not-for-Profit Hospital Corporation and Amergis Healthcare Staffing Inc. 2
	81	+	for the provision of nurse staffing services pertaining to emergency department, intensive 37
	82	+	care unit, and telemetry services, and authorizes payments for the services received and 38
	83	+	to be received under this Contract in the amount of $6,000,000.00 for the revised Option 39
	84	+	Year 3, and $3,200,000.00 to partially exercise Option Year 4 . 40
	85	+	Sec. 3. Fiscal impact statement. 41
	86	+	The Council adopts the fiscal impact statement of the Chief Financial Officer as 42
	87	+	the fiscal impact statement required by section 4a of the General Legislative Procedures 43
	88	+	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-44
	89	+	301.47a). 45
	90	+	Sec. 4. Effective date. 46
	91	+	This act shall take effect following approval by the Mayor (or in the event of veto 47
	92	+	by the Mayor, action by the Council to override the veto), and shall remain in effect for 48
	93	+	no longer than 90 days, as provided for emergency acts of the Council of the District of 49
	94	+	Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 50
	95	+	December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)). 51
	96	+	52 1
	97	+
	98	+	GOVERNMENT OF THE DISTRICT OF COLUMBIA
	99	+	Office of Contracting and Procurement
2	100
3	101
4	102
5		-	1
6		-	AN ACT
7		-	________
8	103
9		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	104	+	Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
	105	+	Official Code § 2-352.02(c-1), the following contract summary is provided :
10	106
11		-	––––––––
12		-	To approve, on an emergency basis, Modification Nos. 13 and 14 t o Contract NFPHC -
13		-	NSD-21-C-00027 between the Not-for-Profit Hospital Corporation, commonly
14		-	known as United Medical Center, and Amergis Healthcare Staffing Inc. (formerly
15		-	Maxim Healthcare Staffing Services Inc.) to provide nurse staffing services
16		-	pertaining to the emergency department, intensive care unit, and telemetry
17		-	services, and to authorize payment for the services received and to be received
18		-	under the c ontract.
19		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
20		-	That this act may be cited as the “Modification Nos. 13 and 14 to Contract NFPHC -NSD-
21		-	21-C-00027 between Not -for-Profit Hospital Corporation and Amergis Healthcare
22		-	Staffing Inc. Approval and Payment Authorization Emergency Act of 2024 ”.
23		-	Sec. 2. Pursuant to section 451 of the Home Rule Act (D.C. Official Code § 1-
24		-	204.51) and notwithstanding the requirements of section 202 of the Procurement
25		-	Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18- 371; D.C. Official
26		-	Code § 2- 352.02), the Council approves Modification Nos. 13 and 14 to Contract No.
27		-	NFPHC-NSD-21-C-00027 between the Not-for-Profit Hospital Corporation and Amergis
28		-	Healthcare Staffing Inc. to provide nurse staffing services pertaining to the emergency
29		-	department, intensive care unit, and telemetry services, and authorizes payment for the
30		-	services received and to be received in the not-to-exceed amount of $9 million in Option
31		-	Year 3, and $3.2 million in Option Year 4.
32		-	Sec. 3. Fiscal impact statement.
33		-	The Council adopts the fiscal impact statement of the Chief Financial Officer as
34		-	the fiscal impact statement required by section 4a of the General Legislative Procedures
35		-	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-
36		-	301.47a).
	107	+	COUNCIL CONTRACT SUMMARY
	108	+	(Retro)
37	109
38		-	Sec. 4. Effective date.
39		-	This act shall take effect following approval by the Mayor (or in the event of veto
40		-	by the Mayor, action by the Council to override the veto), and shall remain in effect for
41		-	no longer than 90 days, as provided for emergency acts of the Council of the District of ENROLLED ORIGINAL
	110	+	(A) Contract Number: NFPHC -NSD-21-C-00027
	111	+
	112	+	Proposed Contractor:
	113	+	Amergis Healthcare Staffing Inc. (formerly Maxim Healthcare)
	114	+
	115	+	Contract Amount: Option Year 3 (December 10, 2023 – December 9, 2024)
	116	+	- Mod 12 $3,000,000 A25 -401
	117	+	- Proposed Mod 13 $6,000,000
	118	+	- Rev Total $9,000,000
	119	+
	120	+	Partial OY4 ( December 10, 2024– March 31, 2025)
	121	+	- Proposed Mod 14 $3,200,000
42	122
43	123
	124	+	Unit and Method of Compensation: Monthly with proper invoices
	125	+	Term of Contracts: Proposed Mod 13: 12/10/23 – 12/09/24 (retroactive)
	126	+	Proposed Mod 14: 12/10 /24 – 3/31/25 (prospective)
44	127
45		-	2
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)).
	128	+	Type of Contract: Fixed Fee, with monthly reconciliation
	129	+	Source Selection Method: Sole Source under 27 DCMR 4618
	130	+
	131	+	(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
	132	+	the amount for the base period, provide an explanation of the reason for th e difference:
	133	+
	134	+	- Base Period:
	135	+	o Initial: $300,000.00 (December 10, 2020 to December 9, 2021)
	136	+	o Modification #1: $600,000.00 (December 10, 2020 to December 9, 2021) 2
	137	+
	138	+	o Modification #2: $2,600,000.00 (December 10, 2020 to December 9, 2021) [Revised
	139	+	total Base Year retroactive value to $3,500,000.00. Council Approval: A24-115 on June
	140	+	29, 2021]
	141	+	o Modifications #3 & #4: No fiscal impact
	142	+
	143	+	- Option Year 1:
	144	+	o Modification #5: $143,835.62 (December 10, 2021 to December 24, 2021)
	145	+	o Modification #6: $1,726,027.40 (December 25, 2021 to June 22, 2022) [Revised the
	146	+	partial Option Year 1 retroactive value to $1,869,863.02. Council Approval: A24- 416 on
	147	+	May 3, 2022]
	148	+	o Modification #7: $1,500,000.00 (June 23, 2022 - Sept 30, 2022) [Revised the partial
	149	+	Option Year 1 retroactive value to $3,369,863.02. Council Approval: A24-478 on June
	150	+	28, 2022]
	151	+	o Modification #8: $890,000.00 (June 23, 2022 - Sept 30, 2022)
	152	+	o Modification #9: $2,000,000.00 ( Oct 1, 2022 - Dec 9, 2022) [R evised the total 12-
	153	+	month Option Year 1 retroactive value to $6,259,863.02. Council Approval: A24-653
	154	+	on Nov 1, 2022]
	155	+
	156	+	-Option Year 2:
	157	+	o Modification #10: $925,000.00 (December 10, 2022 to February, 7, 2023)
	158	+	o Modification #11: $2,500,000.00 (February 8, 2023 – December 9, 2023) [Revised the
	159	+	Option Year 2 retroactive value to $3,425,000.00. Council Approval: A25-0127 on June
	160	+	6, 2023]
	161	+
	162	+	-Option Year 3:
	163	+	o Modification #12: $ 3,000,000.00 (December 10, 2023 to December 9, 2024) [Council
	164	+	Approval: A25 -401 on Jan uary 30, 2024]
	165	+	o Proposed Modification #13: $6,000,000.00 (December 10, 2023 to December 9, 2024) [If approved, Proposed Modification #13 will revise the Option Year 3 retroactive value to $9,000,000]
	166	+
	167	+	-Option Year 4
	168	+	o Proposed Modification #14: $3,200,000.00 (December 10, 2024 to March 31,2025)
	169	+	(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:
	170	+	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 3
	171	+
	172	+	period from December 10, 2023 to December 9, 2024 for Modification 13 and December 10, 2024
	173	+	to March 31, 2025 for Modification 14.
	174	+
	175	+	(D) The selection process, including the number of offerors, the evaluation criteria, and the
	176	+	evaluation results, including price, technical or quality, and past performance components:
	177	+
	178	+	Option year 3 and option year 4 w ere sole sourced under 27 DCMR 4618 after several attempts to
	179	+	find less costly alternatives. See Response to K
48	180
49	181
50		-	___________________________________ Chairman
51		-	Council of the District of Columbia
52		-	_________________________________ Mayor
53		-	District of Columbia
	182	+	(E) A description of any bid protest related to the award of the contract, including whether the
	183	+	protest was resolved through litigation, withdrawal of the protest by the protestor, or
	184	+	voluntary corrective action by the District. I nclude the identity of the protestor, the grounds
	185	+	alleged in the protest, and any deficiencies identified by the District as a result of the protest:
	186	+
	187	+	There were no protests associated with this procurement.
	188	+
	189	+	(F) The background and qualifications of the proposed c ontractor, including its organization ,
	190	+	financial stability, personnel, and performance on past or current government or private
	191	+	sector contracts with requirements similar to those of the proposed contrac t:
	192	+
	193	+	Amergis Healthcare Staffing Inc. (formerly know as Maxim Healthcare Staffing Services, Inc.) is a
	194	+	privately held medical staffing company headquartered in Columbia, Maryland, that was founded in
	195	+	1988. Amergis is accredited by the Accreditation Commission for Health Care (ACHC) for private
	196	+	duty nursing and certified home healthcare programs and is accredited by The Joint Commission for
	197	+	healthcare staffing services. Amergis is committed to adhering to standards set forth by The Joint
	198	+	Commission. In keeping with this dedication to quality service, Amergis has adapted The Joint
	199	+	Commission’s standards into daily business practices and internal training programs.
	200	+
	201	+	(G) The period of performance associated with the proposed change, including date as of which
	202	+	the proposed change is to be made effective:
	203	+
	204	+	Proposed Modification # 13 (December 10, 2023 to December 9, 2024) will be effective on
	205	+	December 10, 2023, should Council approve the Contract.
	206	+
	207	+	Proposed Modification # 14 (December 10, 2024 to March 31, 2025) w ill be effective on December
	208	+	10,2024, should Council approve the Contract.
	209	+
	210	+	(H) The value of any work or services performed pursuant to a proposed change for which the
	211	+	Council has not provided approval, disaggregated by each proposed change if more than one
	212	+	proposed change has been aggregated for Council review:
	213	+
	214	+	Value of work performed pursuant to Proposed Modification #13 to OY3: $3,508,499.86
	215	+
	216	+	Value of work performed pursuant to Proposed Modification # 14 to OY4: N/A
	217	+	4
	218	+
	219	+	(I) The aggregate dollar value of the proposed changes as compared with the amount of the
	220	+	contract as awarded:
	221	+
	222	+	The aggregate value of the of P roposed Modification #13 change is $6,000,000.00. The aggregate
	223	+	value of the of Proposed Modification #14 is $ 3,200,000.00.
	224	+
	225	+	(J) The date on which the contracting officer was notified of the proposed change:
	226	+
	227	+	September 20, 2024
	228	+
	229	+	(K) The reason why the proposed change was sent to Council for approval after it is intended to
	230	+	take effect:
	231	+
	232	+	UMC submitted the Council approved initial renewal for Option Year 3 (Modification #12) with
	233	+	Amergis (formerly Maxim Healthcare Staffing Services, Inc.) at only $3,000,000.00 to explore
	234	+	potential savings options for the hospital through contracting with other Nursing staffing vendors.
	235	+	However, UMC has not able to procure other supplemental nursing staffing vendors due to regional
	236	+	and national staffing demand and because the hospital will be winding- down operations. Thus,
	237	+	UMC needed to enter into Modification #13, for an additional $6,000,000.00 for Option Y ear 3 and
	238	+	$3,200,000.00 for Option Y ear 4 to ensure nurse staffing was available for nursing services through
	239	+	Amergis.
	240	+
	241	+	(L) The reason for the proposed change:
	242	+
	243	+	See Response to K
	244	+
	245	+	(M) The legal, regulatory, or contractual authority for the proposed change:
	246	+
	247	+	NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act.
	248	+
	249	+	(N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
	250	+	Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
	251	+	D.C. Official Code § 2- 218.01 et seq . (“Act”), including a certification that the subcontracting
	252	+	plan meets the minimum requirements of the Act and the dollar volume of the portion of the
	253	+	contract to be subcontracted, expressed both in total dollars and as a percentage of the total
	254	+	contract amount:
	255	+
	256	+	UMC has worked diligently with DC Department of Small and Local Business Development
	257	+	(DSLBD) to find local Vendors to provide these services. There wasn’t a Certified Business
	258	+	Enterprise (CBE) that provides Nursing staffing. There was no subcontracting plan due the critical
	259	+	need and highly specialized nature of the services to be provided under this proposed Contract, so a
	260	+	subcontracting plan and waiver were not obtained before the contract execution. (Per DSLBD, once
	261	+	a contract is exercised, a waiver cannot be provided). Even though the winding down process has
	262	+	begun, t he hospital continues to use best efforts to create and maintain opportunities for small,
	263	+	local, and disadvantaged businesses at UMC across all areas of the hospital.
	264	+	5
	265	+
	266	+	(O) Performance standards and the expected outcome of the proposed contract:
	267	+
	268	+	The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation
	269	+	Interim CEO and Chief Nursing Officer. The performance standards are as outlined in the
	270	+	proposed Contract and as required by applicable local, federal, industry, and licensing entities.
54	271
55	272
	273	+	(P) The amount and date of any expenditure of funds by the District pursuant to the contract
	274	+	prior to its submission to the Council for approval:
56	275
	276	+	Expenditure of funds pursuant to Proposed Modification #13 to Option Year 3: $4,776,350.25
	277	+
	278	+	Expenditure of funds pursuant to Proposed Modification #14 for Option Year 4: N/A
	279	+
	280	+	(Q) A certification that the proposed contract is within the appropriated budget authority for the
	281	+	agency for the fiscal year and is consistent with the financial plan and budget adopted in
	282	+	accordance with D.C. Official Code §§ 47- 392.01 and 47- 392.02:
	283	+
	284	+	See enclosed fiscal certification from the OCFO.
	285	+
	286	+	(R) A certification that the contract is legally sufficient, including whether the proposed
	287	+	contractor has any pending legal claims against the District:
	288	+
	289	+	See enclosed legal certification from UMC Counsel.
	290	+
	291	+	(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is
	292	+	current with its District taxes. If the Citywide Clean Hands Database indicates that the
	293	+	proposed contractor is not current with its District taxes, either: (1) a certification that the
	294	+	contractor has worked out and is current with a payment schedule approved by the District;
	295	+	or (2) a certification that the contractor will be current with its District taxes after the District
	296	+	recovers any outstanding debt as provided under D.C. Official Code § 2- 353.01(b):
	297	+
	298	+	See enclosed Clean Hands Certification.
	299	+
	300	+
	301	+	(T) A certification from the proposed contractor that it is current with its federal taxes, or has
	302	+	worked out and is current with a payment schedule approved by the federal government:
	303	+
	304	+	The proposed contractor has certified its compliance.
	305	+
	306	+	(U) The status of the proposed contractor as a certified local, small, or disadvantaged business
	307	+	enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
	308	+	Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq .:
	309	+
	310	+	The Contractor is not certified as a local, small, or disadvantaged business enterprise.
	311	+
	312	+
	313	+	(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
	314	+	significant: 6
	315	+
	316	+
	317	+	All relevant aspects of the proposed Contract are enclosed.
	318	+
	319	+	(W) A statement indicating whether the proposed contractor is currently debarred from providing
	320	+	services or goods to the District or federal government, the dates of the debarment, and the
	321	+	reasons for debarment:
	322	+
	323	+	As of September 20, 2024, the Contractor does not appear on the District or Federal Excluded
	324	+	Parties List.
	325	+
	326	+	(X) Any determination and findings issues relating to the contract’s formation, including any
	327	+	determination and findings made under D.C. Official Code § 2- 352.05 (privatization
	328	+	contracts):
	329	+
	330	+	None.
	331	+
	332	+	(Y) Where the contract, and any amendments or modifications, if executed, will be made
	333	+	available online:
	334	+
	335	+	Due to the hospital’s pending closure, the website will not undergo further upgrades; however, the
	336	+	contract remains available onsite.
	337	+
	338	+	(Z) Where the original solicitation, and any amendments or modifications, will be made available
	339	+	online:
	340	+
	341	+	Due to the hospital’s pending closure, the website will not undergo further upgrades; however, the
	342	+	contract remains available onsite.
	343	+	1101 4
	344	+	th
	345	+	Street, SW
	346	+	Washington, DC 20024
	347	+	Date of Notice:September 10, 2024 L0012540062Notice Number:
	348	+	FEIN: -*6157
	349	+	Case ID: 16506204
	350	+
	351	+	Government of the District of Columbia
	352	+	Office of the Chief Financial Officer
	353	+	Office of Tax and Revenue
	354	+	AMERGIS HEALTHCARE STAFFING INC.
	355	+	7223 LEE DEFOREST DR
	356	+	COLUMBIA MD 21046-3236
	357	+
	358	+	Branch Chief, Collection and Enforcement Administration
	359	+	Authorized By Melinda Jenkins
	360	+	To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
	361	+	“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
	362	+	CERTIFICATE OF CLEAN HANDS
	363	+	As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
	364	+	liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
	365	+	Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
	366	+	this Certificate of Clean Hands is issued.
	367	+	TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
	368	+	CHAPTER 28 GENERAL LICENSE
	369	+	SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
	370	+	D.C. CODE § 47-2862 (2006)
	371	+	§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
	372	+	1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
	373	+
	374	+
	375	+	COPY Government of the District of Columbia
	376	+	Office of the Chief Financial Officer
	377	+	MEMORANDUM
	378	+	T
	379	+	o: Jacqueline Payne-Borden, Chief E xecutive O fficer
	380	+	From: Lilian Chukwuma, CFO – Not-for
	381	+	-Profit Hospital C orporation
	382	+	Date:
	383	+	November 6, 2024
	384	+	Re:
	385	+	Modification Nos. 13 and 14 to Contract NFPHC- NSD-21-C-00027 between Not-
	386	+	for-Profit Hospital Corporation and Amergis Healthcare Staffing Inc. Approval
	387	+	and Payment Authorization Emergency Act of 2024
	388	+	The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with Amergis Healthcare
	389	+	Staffing Inc for the provision of nurse staffing services pertaining to emergency department,
	390	+	intensive care unit, and telemetry services. Modification 12 of the Contract for a total amount
	391	+	of $3,000,000.00 for the period from
	392	+	December 10, 2023 – December 9, 2024. Proposed
	393	+	Modification #13 of the Contract would add the needed funds for a total value of
	394	+	$6,000,000.00, revising the total dollar amount for twelve months to $9,000,000.00.
	395	+	The p roposed Modification #14 to fully executed Option Year 4 in the amount of
	396	+	$3,200,000.00 for the period December 09 , 2024 through March 31, 2025.
	397	+	The Office of the Chief Financial Officer hereby certifies that the funds are included in the
	398	+	NFPHC FY 2024 and FY 2025 budgets ApeUMS
	399	+	Nivencorres
	400	+	MEMORANDUM
	401	+	To: JacquelinePayne-Borden
	402	+	ChiefExecutiveOfficer
	403	+	From:EricGoulet:G-LAS
	404	+	GeneralCounsel
	405	+	Reference:ModificationNos.13and14toContractNo.NFPHC-NSD-21-C-00027
	406	+	ModificationbetweenNot-for-ProfitHospitalCorporationandAmergis,
	407	+	HealthcareStaffingInc.ApprovalandPaymentAuthorizationEmergency
	408	+	‘Actof2024
	409	+	Date: November6,2024
	410	+	Subject:LegalSufficiency
	411	+
	412	+	Thavereviewedtheabove-referencedContractNo.NFPHC-NSD-21-C-00027
	413	+	Modifications13and14betweentheNot-for-ProfitHospitalCorporation,commonly
	414	+	knownasUnitedMedicalCenter(“Hospital”),andAmergisHealthcareStaffingInc.,for
	415	+	theprovisionofnursestaffingservicespertainingtoemergencydepartment,intensive
	416	+	careunit,andtelemetryservices.
	417	+	Therebycertifythatitappearstobelegallysufficient.Pleasebeadvisedthatmyfinding
	418	+	ispremisedontheContractbeingsubmittedtoandapprovedbytheCouncilofthe
	419	+	DistrictofColumbia.
	420	+	1310SOUTHERNAVENUE,SEWASHINGTON,D.C.20032-4623+202-574-6000+WWW.UNITED-MEDICALCENTER.COM NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
	421	+	United Medical Center,
	422	+	an instrumentality of the District of Columbia government, hereinafter
	423	+	known as the “Hospital”.
	424	+	CONTRACT MODIFICATION/ CHANGE ORDER
	425	+	Page
	426	+	1 of 1
	427	+	NFPHC-NSD-21-C-00027
	428	+	2.Address (Send invoices here) 3a. Effective Date: 4. Requisition/Purchase Order/Task Order/Modification Number:
	429	+	Not-For-Profit Hospital Corporation
	430	+	United Medical Center – Accounts Payable
	431	+	1310 Southern Avenue, S.E.
	432	+	Washington, D.C. 20032
	433	+	12/10/2023
	434	+	Modification #12
	435	+	3
	436	+	b. Date of Council
	437	+	Ap
	438	+	proval:
	439	+	5.Department(s) Using Goods or Services: Nursing Department
	440	+	6. Contractor: name; address; phone number and email address
	441	+	Maxim Healthcare Staffing Services, Inc.
	442	+	962 Wayne Avenue, Suite 600
	443	+	Silver Spring, MD 20910
	444	+	7.Subject:
	445	+	M
	446	+	odification t o exer
	447	+	Year T hree (OY3) for the provision of
	448	+	suppl
	449	+	emental s ta
	450	+	ffing in nursing s pecifically i n t he ICU and ER D epartment.
	451	+	The term
	452	+	of this agreement shall be from December 10, 2023 to
	453	+	December 09, 2024.
	454	+	8. Exercise of
	455	+	Option
	456	+	X
	457	+	Change Order Supplemental
	458	+	Agreement
	459	+	Letter Contract/
	460	+	Contract Extension
	461	+	Other:
	462	+	9. Modification/Change Order Amount: $3,000,000.00 10.Total Contract Amount: $3,000,000.00
	463	+	11.Modification to exercise Option Year Three (OY3) for the provision of nurses, in accordance with the following rates:
	464	+	Unit Rates
	465	+	ED $98.00
	466	+	ICU $95.00
	467	+	MS/T $90.00
	468	+	RT $88.00
	469	+	*All other terms and conditions of the contract shall remain the same.
	470	+	12.Name of Contractor:
	471	+	Signature: _________________________________
	472	+	Date: 13.Signature of Contracting Officer: Kendrick Dandridge,
	473	+	Contracting Officer
	474	+	Signature: ___________________________________
	475	+	Date:
	476	+	14. GENERAL COUNSEL – LEGAL SUFFICIENCY
	477	+	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
	478	+	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
	479	+	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
	480	+	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
	481	+	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
	482	+	2015 Budget Support Emergency Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
	483	+	for private sector takeover of the ownership and management of the United Medical Center.
	484	+	Legal Sufficiency: _________________________________________ Date: _ _______________
	485	+	Eric Goulet,
	486	+	NFPHC General Counsel
	487	+	15. CERTIFICATION OF FUNDS
	488	+	Signature: ________________________________ Date: ____________
	489	+	Lilian Chukwuma, NFPHC CFO
	490	+	I hereby certify funds are sufficiently included in the District’s FY 2024 budget and
	491	+	financial plan to support this Contract.
	492	+	FOR INTERNAL PURPOSES ONLY
	493	+	OCFO REVIEW APPROVAL : ________: NFPHC Budget Officer CEO REVIEW APPROVAL : _______: NFPHC Chief Executive Officer 11/22/23 Bryant Moshang, Controller DocuSign Envelope ID: D392C634-8FF0-4EF9-AE51-9C392AE71F22
	494	+	11/22/2023 DocuSign Envelope ID: 58A02336-D11D-48BF-B26D-4E5A3E81E38B
	495	+	11/27/2023
	496	+	11/27/2023
	497	+	2/7/2024 Docusign Envelope ID: 6DBFCACB-63D0-4DB8-9A5E-F6A627F3D360 Docusign Envelope ID: 8CEC5D0A-33C9-44AA-B197-CF4F352E2F1C 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	+	CONTRACT MODIFICATION/ CHANGE ORDER
	502	+	Page
	503	+	1 of 1
	504	+	NFPHC-NSD-21-C-00027
	505	+	2.Address (Send invoices here) 3a. Effective Date: 4. Requisition/Purchase Order/Task Order/Modification Number:
	506	+	Not-For-Profit Hospital Corporation
	507	+	United Medical Center – Accounts Payable
	508	+	1310 Southern Avenue, S.E.
	509	+	Washington, D.C. 20032
	510	+	12/10/2023
	511	+	Modification #13
	512	+	3b.
	513	+	Date of Council
	514	+	Approval:
	515	+	TBD
	516	+	5.Department(s) Using Goods or Services: Nursing Department
	517	+	6. Contractor: name; address; phone number and email address
	518	+	Amergis Healthcare Staffing Inc. (formerly known as Maxim Healthcare
	519	+	Staffing Services, Inc.)
	520	+	962 Wayne Avenue, Suite 600
	521	+	Silver Spring, MD 20910
	522	+	7.Subject:
	523	+	Mo
	524	+	dification/Change Order add additional funding to Option Year Three
	525	+	(OY3) for the provision of supplemental s taffing i n nursing specifically i n
	526	+	the ICU
	527	+	and ER Department. The term of this agreement shall be
	528	+	from effective date to December 09, 2024.
	529	+	8. Exercise of
	530	+	Option
	531	+	Change Order
	532	+	X
	533	+	Supplemental
	534	+	Agreement
	535	+	Letter Contract/
	536	+	Contract Extension
	537	+	Other:
	538	+	9. Modification/Change Order Amount: $6,000,000.00 10. Total Contract Amount: $9,000,000.00
	539	+	11.
	540	+	Modification to add additional funds to current contract for the provision of services, in accordance with the
	541	+	following rates:
	542	+	Unit Rate Per Hour
	543	+	ED $95.00
	544	+	ICU $92.00
	545	+	MS/T $88.00
	546	+	RT $85.00
	547	+	*All other terms and conditions of the contract shall remain the same.
	548	+	12.Name of Contractor:
	549	+	Signature: _________________________________
	550	+	Date: 13.Signature of Contracting Officer: Kendrick Dandridge,
	551	+	Contracting Officer
	552	+	Signature: ___________________________________
	553	+	Date:
	554	+	14. GENERAL COUNSEL – LEGAL SUFFICIENCY
	555	+	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
	556	+	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
	557	+	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
	558	+	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
	559	+	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
	560	+	2015 Budget Support Emergency Act of 2014 (B20- 849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
	561	+	for private sector takeover of the ownership and management of the United Medical Center.
	562	+	Legal S ufficiency: _________________________________________ Date: ________________
	563	+	Eric Goulet,
	564	+	NFPHC General Counsel
	565	+	15. CERTIFICATION OF FUNDS
	566	+	Signature: ________________________________ Date: ____________
	567	+	Lilian Chukwuma, NFPHC CFO
	568	+	I hereby certify funds are sufficiently included in the District’s FY 2024 and FY2025
	569	+	budget and financial plan to support this Contract.
	570	+	FOR INTERNAL PURPOSES ONLY
	571	+	OCFO REVIEW APPROVAL : ________: NFPHC Budget Officer CEO REVIEW APPROVAL : _______: NFPHC Chief Executive Officer Docusign Envelope ID: 6DBFCACB-63D0-4DB8-9A5E-F6A627F3D360
	572	+	16-Sep-24 Docusign Envelope ID: 8CEC5D0A-33C9-44AA-B197-CF4F352E2F1C
	573	+	9/18/2024
	574	+	9/25/2024
	575	+	10/9/2024 NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
	576	+	United Medical Center,
	577	+	an instrumentality of the District of Columbia government, hereinafter
	578	+	known as the “Hospital”.
	579	+	CONTRACT MODIFICATION/ CHANGE ORDER
	580	+	Page
	581	+	1 of 1
	582	+	NFPHC-NSD-21-C-00027
	583	+	2.Address (Send invoices here) 4. Requisition/Purchase Order/Task Order/Modification Number:
	584	+	Not-For-Profit Hospital Corporation
	585	+	United Medical Center – Accounts Payable
	586	+	1310 Southern Avenue, S.E.
	587	+	Washington, D.C. 20032
	588	+	3a. Effective
	589	+	Date: 12/10/2024
	590	+	Modification #14
	591	+	3b.
	592	+	Date of Council
	593	+	Approval: TBD
	594	+	5.Department(s) Using Goods or Services: Nursing Department
	595	+	6. Contractor: name; address; phone number and email address
	596	+	Amergis Healthcare Staffing Inc. (f/k/a Maxim Healthcare Staffing
	597	+	Services, Inc.)
	598	+	962 Wayne Avenue, Suite 600
	599	+	Silver Spring, MD 20910
	600	+	7.
	601	+	Subject:
	602	+	Modification
	603	+	to partially exercise Option Year Four (OY4) for
	604	+	the
	605	+	p
	606	+	rovision of supplemental staffing in nursing specifically in the ICU and ER
	607	+	Department. The term of this modification shall be from December 10
	608	+	,
	609	+	2024 to March 31, 2025..
	610	+	8. Exercise of
	611	+	Option
	612	+	X
	613	+	Change Order Supplemental
	614	+	Agreement
	615	+	Letter Contract/
	616	+	Contract Extension
	617	+	Other:
	618	+	9. Modification/Change Order Amount: $3,200,000.00 10. Total Contract Amount: $3,200,000.00
	619	+	11. Modification
	620	+	to partially exercise the next option year for continued provision of services from 12/10/2024 to 03/31/2025, in accordance with the
	621	+	following rates:
	622	+	Unit Rate per hour
	623	+	ED $95.00
	624	+	ICU $92.00
	625	+	MS/T $88.00
	626	+	RT $
	627	+	85.00
	628	+	*All other terms and conditions of the contract shall remain the same.
	629	+	12.Name of Contractor:
	630	+	Signature: _________________________________
	631	+	Date: 13.Signature of Contracting Officer: Kendrick Dandridge,
	632	+	Contracting Officer
	633	+	Signature: ___________________________________
	634	+	Date:
	635	+	14. GENERAL COUNSEL – LEGAL SUFFICIENCY
	636	+	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
	637	+	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
	638	+	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
	639	+	Councilmembers introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which
	640	+	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
	641	+	2015 Budget Support Emergency Act of 2014 (B20- 849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals
	642	+	for private sector takeover of the ownership and management of the United Medical Center.
	643	+	Legal Su fficiency: ___________________________________ ______ Date: ________________
	644	+	Eric Goulet,
	645	+	NFPHC General Counsel
	646	+	15. CERTIFICATION OF FUNDS
	647	+	Signature: ________________________________ Date: ____________
	648	+	Lilian Chukwuma, NFPHC CFO
	649	+	I hereby certify funds are sufficiently included in the District’s FY 2025 budget and
	650	+	financial plan to support this Contract.
	651	+	FOR INTERNAL PURPOSES ONLY
	652	+	OCFO REVIEW APPROVAL : ________: NFPHC Budget Officer CEO REVIEW APPROVAL : _______: NFPHC Chief Executive Officer 10/14/2024 Assistant Controller Connor McGough, Docusign Envelope ID: 9492F586-F50D-4214-A84C-8A66FC5C0371
	653	+	10/14/2024
	654	+	10/15/2024
	655	+	10/15/2024