District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1027 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
	1	+	ayeWMC
	2	+	UNITED
	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	+	Modification2.toContractNo.NFPHC-ER-23-C betweentheNot-for-ProfitHospital
	13	+	CorporationandGeorgeWashingtonUniversityMedicalFacultyAssociates,Inc.,
	14	+	ApprovalandPaymentAuthorizationEmergencyActof2024,andModification2to
	15	+	ContractNo.NFPHC-ER-23-CbetweentheNot-for-ProfitHospitalCorporationand
	16	+	GeorgeWashingtonUniversityMedicalFacultyAssociates,Inc.ApprovalandPayment
	17	+	‘AuthorizationEmergencyDeclarationResolutionof2024,fortheprovisionofemergency
	18	+	departmentservices(‘“Contract”).
	19	+	CouncilactionisnecessarytoapproveModification2,whichseekstoexerciseOptionYear
	20	+	2intheamountof$3,497,908.26fora6-monthperiod(October1,2024toMarch31,
	21	+	2025).Theproposedmodificationisretroactiveduetotheextendednegotiatingperiod
	22	+	neededtosecuretheincumbentvendorduringtheHospital’spendingwinddown.
	23	+	Continuedapprovalisvitaltoavoidingamajordisruptioninthesecriticalpatientcare
	24	+	services.
	25	+	Asalways,Iamavailabletodiscussanyquestionsyoumayhaveregardingthissubmittal.
	26	+	Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaff
	27	+	contactmeat(202)574-6611.Ilookforwardtoafavorableconsiderationonthiscontract.
	28	+	Sincerely,
	29	+	quedve PosenRed”
	30	+	juelinePayne-Borden
	31	+	ChiefExecutiveOfficer
	32	+	Not-for-ProfitHospitalCorporation
	33	+	Enclosure
	34	+	1810SOUTHERNAVENUE,SEWASHINGTON,D.C.20032-4623+202-574-6000+WWW.UNITED-MEDICALCENTER.COM 1
	35	+	2
	36	+	3
	37	+	4
	38	+	5
	39	+	6
	40	+	7
	41	+	8
	42	+	9
	43	+	10
	44	+	11
	45	+	12
	46	+	13
	47	+	14
	48	+	15
	49	+	16
	50	+	17
	51	+	18
	52	+	19
	53	+	20
	54	+	21
	55	+	22
	56	+	23
	57	+	24
	58	+	25
	59	+	26
	60	+	27
	61	+	28
	62	+	29
	63	+	30
	64	+	31
	65	+	32
	66	+	33
	67	+	34
	68	+	35
	69	+	A BILL
	70	+	~~
	71	+	hainnanPhil Mendelson
	72	+	on behalf
	73	+	of the Not-for-Profit
	74	+	Hospital Corporation
	75	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
	76	+	To approve, on an emergency basis, Modification 2 to Contract No. NFPHC-ER-23-C the
	77	+	Not-for-Profit Hospital Corporation, commonly known
	78	+	as United Medical Center
	79	+	("Hospital") and George Washington University Medical Faculty Associates, Inc.,
	80	+	("GW MF A")
	81	+	to provide emergency department services, and to authorize
	82	+	payment for the services received and to be received under the Contract.
	83	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
	84	+	That this act may be cited
	85	+	as the "Modification 2 to Contract No. NFPHC-ER-23-C
	86	+	between the Not-for-Profit Hospital Corporation and George Washington University
	87	+	Medical Faculty Associates, Inc., ("GW MF A") Approval and Payment Authorization
	88	+	Emergency Act
	89	+	of 2024".
	90	+	Sec.
	91	+	2. Pursuant to section 451 of the District of Columbia Home Rule Act,
	92	+	approved December 24, 1973 (87 Stat. 803; D.C. Official
	93	+	Code§ 1-204.51), and
	94	+	notwithstanding the requirements
	95	+	of section 202 of the Procurement Practices Reform
	96	+	Act
	97	+	of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02),
	98	+	the Council approves Modification 2
	99	+	to Contract No. NFPHC-ER-23-C between the Not
	100	+	for-Profit Hospital Corporation and George Washington University Medical Faculty 2
	101	+	Associates, Inc., (“GW MFA”) to provide emergency department services, and authorizes 36
	102	+	payment for the services received and to be received under this Contract and payment in 37
	103	+	the amount of $3,497,908.26. 38
	104	+	Sec. 3. Fiscal impact statement. 39
	105	+	The Council adopts the fiscal impact statement of the Chief Financial Officer as 40
	106	+	the fiscal impact statement required by section 4a of the General Legislative Procedures 41
	107	+	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-42
	108	+	301.47a). 43
	109	+	Sec. 4. Effective date. 44
	110	+	This act shall take effect following approval by the Mayor (or in the event of veto 45
	111	+	by the Mayor, action by the Council to override the veto), and shall remain in effect for 46
	112	+	no longer than 90 days, as provided for emergency acts of the Council of the District of 47
	113	+	Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 48
	114	+	December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)). 49
	115	+	50 1
2	116
3		-
4		-
5		-	AN ACT
6		-
7		-	____________
8		-
9		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
10		-
11		-	____________
12		-
13		-	To approve, on an emergency basis, Modification No. 2 to Contract No. NFPHC -ER-23-
14		-	C the Not-for-Profit Hospital Corporation, commonly known as United Medical
15		-	Center, and George Washington University Medical Faculty Associates, Inc., to
16		-	provide emergency department services, and to authorize payment for the services
17		-	received and to be received under the contract.
18		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
19		-	That this act may be cited as the “ Modification 2 to Contract No. NFPHC -ER-23-C
20		-	between the Not-for-Profit Hospital Corporation and George Washington University
21		-	Medical Faculty Associates, Inc., (“GW MFA”) Approval and Payment Authorization
22		-	Emergency Act of 2024” .
23		-
24		-	Sec. 2. Pursuant to section 451 of the Home Rule Act (D.C. Official Code § 1-
25		-	204.51) and notwithstanding the requirements of section 202 of the Procurement
26		-	Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18- 371; D.C. Official
27		-	Code § 2- 352.02), the Council approves Modification No. 2 to Contract No. NFPHC -ER-
28		-	23-C between the Not-for-Profit Hospital Corporation and George Washington
29		-	University Medical Faculty Associates, Inc. to provide emergency department services,
30		-	and authorizes payment in the not-to-exceed amount of $3,497,908.26 for the services
31		-	received and to be received under the contract .
32		-
33		-	Sec. 3. Fiscal impact statement.
34		-	The Council adopts the fiscal impact statement of the Chief Financial Officer as
35		-	the fiscal impact statement required by section 4a of the General Legislative Procedures
36		-	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-
37		-	301.47a).
38		-
39		-	Sec. 4. Effective date.
40		-	This act shall take effect following approval by the Mayor (or in the event of veto
41		-	by the Mayor, action by the Council to override the veto), and shall remain in effect for
42		-	no longer than 90 days, as provided for emergency acts of the Council of the District of
43		-
44		-	ENROLLED ORIGINAL
45		-
46		-	2
47		-
48		-	Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
49		-	December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)).
	117	+	GOVERNMENT OF THE DISTRICT OF COLUMBIA
	118	+	Office of Contracting and Procurement
50	119
51	120
52	121
53	122
54		-	___________________________________
55		-	Chairman
56		-	Council of the District of Columbia
	123	+	Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
	124	+	Official Code § 2- 352.02(c-1), the following contract summary is provided :
	125	+
	126	+	COUNCIL CONTRACT SUMMARY
	127	+	(Retro)
	128	+
	129	+	(A) Contract Number: Contract No. NFPHC- ER-23-C
	130	+
	131	+	Proposed Contractor:
	132	+	George Washington University Medical Faculty Associates, Inc., (“GW
	133	+	MFA”)
	134	+
	135	+	Contract Amount: Modification 2: $3,497,908.26
	136	+
	137	+	Unit and Method of Compensation: Monthly with proper invoices
	138	+
	139	+	Term of Contract: October 1, 2024 to March 31, 2025; retroactive
	140	+
	141	+	Type of Contract: Fixed Fee, with monthly reconciliation
	142	+
	143	+	Source Selection Method: Sole Source under 27 DCMR 4618
57	144
58	145
	146	+	(B) For a contract containing option periods, the contract amount for the base period and for
	147	+	each option period. If the contract amount for one or more of the option periods differs from
	148	+	the amount for the base period, provide an explanation of the reason for th e difference:
	149	+
	150	+	- Base Period:
	151	+	o Initial letter Contract: $713,793.66 ( October 1, 2022 to October 31, 2022)
	152	+	o Total definitized Contract: $7,997,458.78 ( October 1, 2022 to September 30, 2023) ;
	153	+	Council approved (A24- 718)
	154	+
	155	+	- Option Year 1
	156	+	o Modification 1: $7,945,816.52 ( October 1, 2023 to September 30, 2024) Council
	157	+	approved (A25- 298)
59	158
60	159
	160	+	2
61	161
62		-	_________________________________
63		-	Mayor
64		-	District of Columbia
	162	+	- Option Year 2 (partial exercise )
	163	+	o Proposed Modification 2: $3,497,908.26 ( October 1, 2024 to March 31, 2025)
	164	+
	165	+	(C) The goods or services to be provided, the methods of delivering goods or services, and any
	166	+	significant program changes reflected in the proposed contract:
	167	+
	168	+	The provision of emergency department services for a period from October 1, 2024 to March 31,
	169	+	2025. Through the duration of this contract UMC will pay out of pocket $1,922,908.26 and the
	170	+	balance up to $ 1,575,000.00 from billing collections for 6 months.
	171	+
	172	+	(D) The selection process, including the number of offerors, the evaluation criteria, and the
	173	+	evaluation results, including price, technical or quality, and past performance components:
	174	+
	175	+	This Contract was sole sourced under 27 DCMR 4618 because UMC couldn't afford to
	176	+	experience disruption with these urgent services, especially given the pending wind down.
	177	+	George Washington University Medical Faculty Associates is the incumbent vendor and can
	178	+	provide the emergency department services without any lapse.
	179	+
	180	+	(E) A description of any bid protest related to the award of the contract, including whether the
	181	+	protest was resolved through litigation, withdrawal of the protest by the protestor, or
	182	+	voluntary corrective action by the District. I nclude the identity of the protestor, the grounds
	183	+	alleged in the protest, and any deficiencies identified by the District as a result of the protest:
	184	+
	185	+	There were no protests associated with this procurement.
	186	+
	187	+	(F) The background and qualifications of the proposed c ontractor, including its organization ,
	188	+	financial stability, personnel, and performance on past or current government or private
	189	+	sector contracts with requirements similar to those of the proposed contrac t:
	190	+
	191	+	Medical Faculty Associates, Inc. - Background and Qualifications
	192	+	Medical Faculty Associates, Inc. ("MFA") is a leading healthcare provider across the
	193	+	Washington Metropolitan region. MFA serves as the administrative and contracting organization
	194	+	for The George Washington University's ("GWU") 800 academic and community physicians.
	195	+	With experts across over 50 clinical specialty and subspecialty areas, MFA serves patients and
	196	+	families from across the Washington Metropolitan region. MFA faculty provides services to
	197	+	many communities and health care institutions including The George Washington University
	198	+	Hospital, Children's National Health System, Walter Reed National Military Medical Center,
	199	+	INOVA Health and more. MFA provides a variety of office and hospital-based services for adult
	200	+	patients including Emergency Medicine, Hospitalist, Radiology, Anesthesiology, Critical Care,
	201	+	Pathology, Obstetrics and Gynecology, Pain Management, Psychiatric, and Surgical services.
	202	+
	203	+	Description and Organizational Philosophy
	204	+	MFA is a 501(c)(3), not-for-profit, locally controlled, physician- led tax-exempt organization.
	205	+	MFA has over 2,150 employees and is comprised of 13 clinical Departments that makeup a large
	206	+	integrated multispecialty group. Affiliated with The George Washington University, MFA has 3
	207	+
	208	+	grown to become one of the largest independent physician practices. Affiliated with The George
	209	+	Washington
	210	+	School of Medicine and Health Sciences ("GWSMHS"), MFA is committed to the
	211	+	goals of providing superior healthcare, advancing knowledge and training future caregivers.
	212	+	MFA's physicians teach and mentor medical students, residents and researchers at GWSMHS
	213	+	which was the first medical school in the nation's capital and the eleventh oldest in the United
	214	+	States.
	215	+
	216	+	(G) The period of performance associated with the proposed change, including date as of which
	217	+	the proposed change is to be made effective:
	218	+
	219	+	October 1, 2024 to March 31, 2025. Should the Council approve the proposed change, it will be
	220	+	deemed effective retroactive to Oct 1, 2024.
	221	+
	222	+	(H) The value of any work or services performed pursuant to a proposed change for which the
	223	+	Council has not provided approval, disaggregated by each proposed change if more than one
	224	+	proposed change has been aggregated for Council review:
	225	+
	226	+	The value of work performed pursuant to Modification 2 is $0
	227	+
	228	+	(I) The aggregate dollar value of the proposed changes as compared with the amount of the
	229	+	contract as awarded:
	230	+
	231	+	The aggregate value of the of the proposed Modification 2: $3,497,908.26
	232	+
	233	+	(J) The date on which the contracting officer was notified of the proposed change:
	234	+
	235	+	July 3, 2024
	236	+
	237	+	(K) The reason why the proposed change was sent to Council for approval after it is intended to
	238	+	take effect:
	239	+
	240	+	Additional time to negotiate was required to avoid a lapse in critical emergency department
	241	+	services.
	242	+
	243	+	(L) The reason for the proposed change:
	244	+
	245	+	To exercise the next option year.
	246	+
	247	+	(M) The legal, regulatory, or contractual authority for the proposed change:
	248	+
	249	+	NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act.
	250	+
	251	+	(N) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
	252	+	Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
	253	+	D.C. Official Code § 2- 218.01 et seq . (“Act”), including a certification that the subcontracting
	254	+	plan meets the minimum requirements of the Act and the dollar volume of the portion of the 4
	255	+
	256	+	contract to be subcontracted, expressed both in total dollars and as a percentage of the total
	257	+	contract amount:
	258	+
	259	+	UMC has worked diligently with DC Department of Small and Local Business Development
	260	+	(DSLBD) to find CBEs to provide these services, but past efforts were unsuccessful. There is no
	261	+	subcontracting plan because of the critical need and highly specialized nature of the services to be
	262	+	provided. UMC will continue to do its best, yet acknowledges that as the closure nears,
	263	+	procurement opportunities will become even more limited and avoiding disruption to major services
	264	+	even more paramount.
	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.
65	271
66	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:
67	275
	276	+	The amount of funds used prior to submission is $0.
	277	+
	278	+	(Q) A certification that the proposed contract is within the appropriated budget authority for the
	279	+	agency for the fiscal year and is consistent with the financial plan and budget adopted in
	280	+	accordance with D.C. Official Code §§ 47- 392.01 and 47- 392.02:
	281	+
	282	+	See enclosed fiscal certification from the OCFO.
	283	+
	284	+	(R) A certification that the contract is legally sufficient, including whether the proposed
	285	+	contractor has any pending legal claims against the District:
	286	+
	287	+	See enclosed legal certification from UMC Counsel.
	288	+
	289	+	(S) A certification that Citywide Clean Hands database indicates that the proposed contractor is
	290	+	current with its District taxes. If the Citywide Clean Hands Database indicates that the
	291	+	proposed contractor is not current with its District taxes, either: (1) a certification that the
	292	+	contractor has worked out and is current with a payment schedule approved by the District;
	293	+	or (2) a certification that the contractor will be current with its District taxes after the District
	294	+	recovers any outstanding debt as provided under D.C. Official Code § 2- 353.01(b):
	295	+
	296	+	See enclosed Clean Hands Certification.
	297	+
	298	+
	299	+	(T) A certification from the proposed contractor that it is current with its federal taxes, or has
	300	+	worked out and is current with a payment schedule approved by the federal government:
	301	+
	302	+	The proposed contractor has certified its compliance.
	303	+	5
	304	+
	305	+	(U) The status of the proposed contractor as a certified local, small, or disadvantaged business
	306	+	enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
	307	+	Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq .:
	308	+
	309	+	The Contractor is not certified as a local, small, or disadvantaged business enterprise.
	310	+
	311	+
	312	+	(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
	313	+	significant:
	314	+
	315	+	All relevant aspects of the proposed Contract are enclosed.
	316	+
	317	+	(W) A statement indicating whether the proposed contractor is currently debarred from providing
	318	+	services or goods to the District or federal government, the dates of the debarment, and the
	319	+	reasons for debarment:
	320	+
	321	+	As of September 11, 2024, the Contractor does not appear on the District or Federal Excluded
	322	+	Parties List.
	323	+
	324	+
	325	+	(X) Any determination and findings issues relating to the contract’s formation, including any
	326	+	determination and findings made under D.C. Official Code § 2- 352.05 (privatization
	327	+	contracts):
	328	+
	329	+	None.
	330	+
	331	+	(Y) Where the contract, and any amendments or modifications, if executed, will be made
	332	+	available online:
	333	+
	334	+	Due to the hospital’s pending closure, the website will not undergo further upgrades; however,
	335	+	the contract remains available onsite.
	336	+
	337	+	(Z) Where the original solicitation, and any amendments or modifications, will be made available
	338	+	online:
	339	+
	340	+	Due to the hospital’s pending closure, the website will not undergo further upgrades; however,
	341	+	the contract remains available onsite.
	342	+	*
	343	+	*
	344	+	*
	345	+	GovernmentoftheDistrictofColumbia
	346	+
	347	+	ME —_'liceoftheChiefFinancialOfficer 11014"Street,SW
	348	+	ME —OfliceofTaxandRevenue ‘Washington,DC20024
	349	+	DateofNotice:October25,2024 NoticeNumber:0012801558
	350	+	MEDICALFACULTYASSOCIATESINC
	351	+	2150PENNSYLVANIAAVENW
	352	+	WASHINGTONDC20037-3201
	353	+
	354	+	AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstanding
	355	+	liabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmployment
	356	+	Services.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,therefore
	357	+	thisCertificateofCleanHandsisissued.
	358	+	TITLE47.TAXATION,LICENSING,PERMITS,ASSESSMENTS,ANDFEES
	359	+	CHAPTER28GENERALLICENSE
	360	+	SUBCHAPTER II.CLEANHANDSBEFORERECEIVINGALICENSEORPERMIT
	361	+	D.C,CODE§47-2862(2006)
	362	+	§47-2862PROHIBITIONAGAINSTISSUANCEOFLICENSEORPERMIT
	363	+
	364	+	AuthorizedByMelindaJenkins
	365	+	BranchChief,CollectionandEnforcementAdministration
	366	+	Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDChomepage,clickthe
	367	+	“ValidateaCertificateofCleanHands”hyperlinkundertheCleanHandssection.
	368	+
	369	+	11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov Government of the District of Columbia
	370	+	Office of the Chief Financial Officer
	371	+	MEMORANDUM
	372	+	T
	373	+	o: Jacqueline Payne-Borden, Chief Executive O f ficer
	374	+	CC: Kendrick Dandridge, Contracting Officer
	375	+	From: Lilian Chukwuma, CFO – Not-fo r-Profit
	376	+	Hospital Corporation
	377	+	Date:
	378	+	November 06, 2024
	379	+	Re:
	380	+	Modification 2 to Contract No. NFPHC-ER-23-C between Not-for-P
	381	+	rofit Hospital
	382	+	Corporation and George Washington University Medical Faculty Associates, Inc.,
	383	+	(“GW MFA”) Approval and Payment Authorization Emergency Act of 2024
	384	+	The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with George Washington
	385	+	University Medical Faculty Associates, Inc., (“GW MFA”) for the provision of emergency department services. The Proposed Modification 2 of Contract No. NFPHC- ER-23-C has a
	386	+	contract va lue of $ 3,497,908.26 for a 6-month period, October 1, 2024 – March 31, 2025.
	387	+	The Office of the Chief Financial Officer hereby certifies that the funds are included in the
	388	+	NFPHC FY 2025 budget. eLWAUMC
	389	+	UNAEEE
	390	+	)R-PROFITHOSPITALCORPORATI
	391	+	MEMORANDUM
	392	+	To: JacquelinePayne-Borden
	393	+	ChiefExecutiveOfficer
	394	+	From:BrieGouletx (/;
	395	+	GeneralCounselgBld
	396	+	Reference:Modification2toContractNo.NFPHC-ER-23-CbetweenNot-for-Profit
	397	+	HospitalCorporationandGeorgeWashingtonUniversityMedicalFaculty
	398	+	Associates,Inc.,(‘GWMFA”)ApprovalandPaymentAuthorization
	399	+	EmergencyActof2024
	400	+	Date: November6,2024
	401	+	Subject:LegalSufficiency
	402	+
	403	+	Ihavereviewedtheabove-referencedModification2toContractNo.NFPHC-ER-23-C
	404	+	betweentheNot-for-ProfitHospitalCorporation,commonlyknownasUnitedMedical
	405	+	Center(“Hospital”),andGeorgeWashingtonUniversityMedicalFacultyAssociates,
	406	+	Inc.,fortheprovisionofemergencydepartmentservices.
	407	+	Therebycertifythatitappearstobelegallysufficient.Pleasebeadvisedthatmyfinding
	408	+	ispremisedontheContractsbeingsubmittedtoandapprovedbytheCouncilofthe
	409	+	DistrictofColumbia.
	410	+	1310SOUTHERNAVENUE,SEWASHINGTON,D.C.20032-4623+202-574-6000+WWW.UNITED-MEDICALCENTER.COM NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
	411	+	United Medical Center,
	412	+	an instrumentality of the District of Columbia government, hereinafter known
	413	+	as the “Hospital”.
	414	+	CONTRACT MODIFICATION/ CHANGE
	415	+	ORDER
	416	+	Page
	417	+	1 of 2
	418	+	NFPHC - NFPHC-ER-23-C-0001A
	419	+	2. Address (Send invoices here) 3a. Effective Date: 4. Requisition/Purchase Order/Task Order/Modification Number:
	420	+	Not-For-Profit Hospital Corporation
	421	+	United Medical Center – Accounts Payable
	422	+	1310 Southern Avenue, S.E.
	423	+	Washington, D.C. 20032
	424	+	10/01/2024
	425	+	3b.
	426	+	Date of Council Approval:
	427	+	TBD
	428	+	Modification #2
	429	+	5. Department(s) Using Goods or Services:
	430	+	6. Contractor: name; address; phone number and email address
	431	+	Medical Faculty Associates, Inc.
	432	+	2150 Pennsylvania Avenue NW
	433	+	Washington, DC 20037
	434	+	7.
	435	+	Subject:
	436	+	Modification for partial exercise of Option Year Two (OY2) for the
	437	+	provision of Adult Emergency Department at the Hospital twenty-four (24)
	438	+	hours per day, from October 1,
	439	+	2024 to March 31, 2025, reporting to the
	440	+	assigned Hospital Administrative Staff.
	441	+	8. Exercise of
	442	+	Option
	443	+	X
	444	+	Change Order Supplemental
	445	+	Agreement
	446	+	Letter Contract/
	447	+	Contract Extension
	448	+	Other:
	449	+	9. Modification/Change Order Amount: $3,497,908.26 (Out-of-Pocket from UMC
	450	+	$ 1,922,908.26 +Balance Up to $1,575,000.00 from Billing Collections for 6 months)
	451	+	10. Total Contract Amount: $3,497,908.26
	452	+	11.The parties hereby agree to exercise this Mod 2 to this certain Contract for FY 25 as follows:
	453	+	a.
	454	+	*Total value of the contract is $3,497,908.26 Medical Faculty Associates, Inc. receives and keep up to $1,575,000.00 of
	455	+	collections for this agreement (NFPHC-ER- 23-C-0001) and excess collection over the agreement will revert to UMC.
	456	+	*Medical Faculty Associates, Inc. (“MFA”) shall have the flex capability of staffing between 30.0 and 42.0 hours per
	457	+	day based upon patient volume at United Medical Center. However, if MFA staffs fewer than 42.0 hours, they must
	458	+	ensure the staffing is adequate to provide appropriate coverage reflective of the patient volume.
	459	+	b. Performance Metrics:
	460	+	1. ROOM TO DOCTOR...................................................................................................................... 90% COMPLIANCE
	461	+	oMEDIAN - 20 MINUTES
	462	+	2. ROOM TO ADMISSION DECISION ............................................................................................ 90% COMPLIANCE
	463	+	oMEDIAN – 180 MINUTES
	464	+	3. ROOM TO DISCHARGE DECISION ............................................................................................ 90% COMPLIANCE
	465	+	oMEDIAN – 150 MINUTES
	466	+	4. PRESS GANEY SCORES ............................................................................................................... 100% COMPLIANCE
	467	+	oMONTHLY COMPOSITE SCORES ABOVE 55%
	468	+	5. COMPLETION OF DOCUMENTATION PER MEDICAL STAFF BYLAW .............................. 90% COMPLIANCE
	469	+	6. COMPLIANCE WITH MEDICAL NECESSITY (Shared Performance) ...................................... 90% COMPLIANCE
	470	+	COORDINATION OF CARE
	471	+	oAPPROPIRATENESS OF ADMISSION
	472	+	oAPPROPRIATE LEVEL OF CARE
	473	+	OPTION YEAR 2
	474	+	- 6 month partial exercise
	475	+	Contract Line
	476	+	Item Number
	477	+	(CLIN)
	478	+	Description Monthly Amount
	479	+	Annual Not-to-
	480	+	Exceed Amount
	481	+	0001
	482	+	Primary Provider Costs
	483	+	Physicians; Flex 5,490 - 7,847.5 Hours (30hrs/day –
	484	+	42hrs/day)
	485	+	Mid-levels; 4,430 Hours
	486	+	2.0 additional staff.
	487	+	$320,484.71 $1,922,908.26
	488	+	TOTAL AMOUNT:
	489	+	$1,922,908.26 Docusign Envelope ID: AAB9D2C7-6079-4948-9273-869A7C7CD03B Docusign Envelope ID: C2357511-5143-4DDF-B74C-3635137F0A58 There will be a three (3) month grace period from the commencement of the contract before any penalties are to be levied. During
	490	+	this time, the Hospital will review and make any necessary adjustments in any particular areas prior to moving forward. This will
	491	+	include assessing nursing and ancillary staffing, consultation availability and other support services.
	492	+	For any measure that falls below the indicated level of compliance for any given quarter, there will be a $1,000.00 penalty
	493	+	assessed against the next month’s payment.
	494	+	For the shared performance metric, if performance falls below the compliance level for any given quarter, both services will incur
	495	+	a $1,000.00 penalty to be assessed against the following months payments.
	496	+	If there are any disputes or mitigating factors that significantly impact the ability to comply with the performance metrics as
	497	+	stated, those concerns are to be forwarded to the Chief Medical Officer for review and final determination.
	498	+	There will be no bonus payments for any performance above the stated levels of compliance as this is the level of care that is
	499	+	expected under the terms of the contractual agreement. However, penalties may be waived by improved performance above the
	500	+	compliance level for the corresponding metric for the quarter immediately following.
	501	+	*All other Contract terms shall remain in full force and effect.
	502	+	12. Name of Contractor:
	503	+	Signature: _
	504	+	Date: 13. Signature of Contracting Officer: Kendrick Dandridge,
	505	+	Contracting Officer
	506	+	Signature: _
	507	+	Date:
	508	+	14. GENERAL COUNSEL – LEGAL SUFFICIENCY
	509	+	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
	510	+	continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandates while the Hospital strives
	511	+	to meet: (i) its Establishment Act purposes (D.C Official Code §44-95 I.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen Councilmembers
	512	+	introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which expressed the desire that the
	513	+	Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support Emergency
	514	+	Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals for private sector takeover of the
	515	+	ownership and management of the United Medical Center.
	516	+	Legal Sufficiency: Date:
	517	+	Eric Goulet, NFPHC General Counsel
	518	+	15. CERTIFICATION OF FUNDS
	519	+	Signature: Date: _
	520	+	Lilian Chukwuma, NFPHC CFO
	521	+	I hereby certify funds are sufficiently included in the District’s FY 2025 budget
	522	+	and financial plan to support this Contract.
	523	+	FOR INTERNAL PURPOSES ONLY
	524	+	OCFO REVIEW APPROVAL: : NFPHC Budget Officer CEO REVIEW APPROVAL: : NFPHC Chief Executive Officer 09/30/24 Docusign Envelope ID: AAB9D2C7-6079-4948-9273-869A7C7CD03B
	525	+	9/30/2024
	526	+	10/4/2024 Docusign Envelope ID: C2357511-5143-4DDF-B74C-3635137F0A58
	527	+	10/22/2024