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National Capital Medical Center Memorandum of Understanding Approval Act of 2004
Bill 15-680

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Chairman Linda W. Cropp at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill, which was referred to the Committee of the Whole.

To approve the Memorandum of Understanding between the Government of the District of Columbia and the Howard University for the development of a new healthcare campus on U.S. Reservation 13.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "National Capital Medical Center Memorandum of Understanding Approval Act of 2004".

Sec. 2. Pursuant to the National Capital Medical Center Negotiation Emergency Act of 2003, effective on November 25, 2003 (D.C. Act 15-229) the Mayor transmitted to the Council a proposed Memorandum of Understanding between the Government of the District of Columbia and The Howard University, dated January 15, 2004. D.C. Act 15-229 provides that the Mayor shall submit the agreement to the Council "for its approval by act."

Sec. 3. The Memorandum of Understanding between the Government of the District of Columbia and The Howard University, dated January 15, 2004, is approved. 

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3)). 

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

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NATIONAL CAPITAL MEDICAL CENTER NEGOTIATION
EMERGENCY ACT OF 2003

Memorandum of Understanding
Between the
Government of the District of Columbia
and
The Howard University
January 15, 2004

This Memorandum of Understanding ("MOU") is entered into as of January 15, 2004 and is made by and between the Mayor of the City of the District of Columbia (the "Mayor"), and The Howard University (the "University").

WHEREAS, The National Capital Medical Center Negotiation Emergency Act of 2003 (Bill #15-546), was enacted by the Council of the District of Columbia (the "Council") on November 4, 2003 and became effective as Act 15229 on November 25, 2003 (the "Act");

WHEREAS, the Act directs the Mayor to submit to the Council, for its approval by act, an agreement with the University regarding the District's healthcare infrastructure;

WHEREAS, the Act requires that such agreement contain at least four discrete elements; and

WHEREAS, it is the intent of the Parties hereto that this MOU be considered by the Council as the agreement required of the Mayor by the Act.

NOW THEREFORE, the Parties hereto intending to express their mutual understanding as to the status of current and on-going negotiations, hereby state as follows:

1.0 Long Term Lease

A. The Mayor of the District of Columbia (the "District") shall submit to the Council and the U.S. General Services Administration for approval a 99-year lease for a portion not to exceed nine acres of the land known as U.S. Reservation 13, which the University would build, own and operate as The National Capital Medical Center. The nucleus of the National Capital Medical Center would be a new, full-service, world-class, Trauma Level 1 hospital that would contain between 200-300 beds.

B. It is understood that the University, in consultation with the Mayor and approval by the District of Columbia and the U.S. General Services Administration, may also develop the following: medical offices for community physicians; a new School of Public Health; and a complex designed to carry out research to improve the quality of healthcare in the District for all its residents - (with support from one or more federal agencies and in partnership with any appropriate private or public research entity)

C. All leases and development plans shall be subject to applicable District and federal laws.

2.0 District Support of Financing

The University and District agree to jointly develop a comprehensive financial analysis report. This report will specifically define all costs related to the development, construction, and operation of The National Capital Medical Center on U.S. Reservation 13.

Based upon this information, The University and the Mayor agree to structure a financing proposal to successfully complete the project.

3.0 Management

A. The District Government shall not manage or operate any part of The National Capital Medical Center but will exercise its applicable police powers and regulatory authority with respect to The National Capital Medical Center and all matters related to it.

4.0 Commitment

A. For more than 140 years the University has been providing leadership in medical education and healthcare. It currently sponsors the only university-owned, not-for-profit, hospital in the area.

B. The University also has a recent history of successful collaboration with the Government of the District of Columbia to strengthen the District. Several years ago the University and the District joined forces to create The LeDroit Park Initiative, an award-winning public-private partnership that has helped to transform an important part of the District and has become a national model. The University considers The National Capital Medical Center yet another strategic alliance with the District's elected leadership.

C. It is, therefore, the intent of the University and the overarching goal of The National Capital Medical Center to ensure that all residents of the District have access to high-quality healthcare. Accordingly, the University pledges that the proposed The National Capital Medical Center will be unambiguously committed to serving all citizens of the District through the provision of high-quality healthcare in accordance with both its mission and the intent of the Act. 

5.0 Effective Date

This MOU shall not be deemed to have any force or effect unless and until it is ratified by action of hte University's Board of Trustees and approved by act of the Council.

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