Proposed Multiyear Contract between the District of Columbia Housing Authority and PBS Property Holdings, LLC for Contract Number 2025-LRSP-04A

September 29, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylva
nia Avenue NW, Suite 504
Washington, DC 20004-3003
Dear Chairman Mendelson:
Pursuant to D.C. Official Code § 2-352.02, I have enclosed, for consideration by the Council of the District of
Columbia, the (a) Council Contract Summary for the Agreement to Enter into a Long-term Subsidy Contract
("ALTSC") between the District of Columbia Housing Authority (“DCHA”) and PBS Property Holdings, LLC, and (b)
proposed Local Rent Supplement Program Contract Number 2025-LRSP-04A with PBS Property Holdings, LLC
Approval Resolution of 2025. DCHA proposes to provide a housing subsidy to the Owner in the initial amount of
$255,522.00 annually for a multi-year term of twenty (20) years, in support of the District's Local Rent
Supplement Program ("LRSP") to provide eight (8) affordable housing units at the Kennedy Gardens Apartments
located at 145 Kennedy Avenue, NW .
As always, I am available to discuss any questions you may have regarding the proposed contract. In order to
facilitate a response to any questions concerning this ALTSC, please have your staff contact Hammere Gebreyes,
Director of External Affairs & Senior Advisor, at (202) 207-4694.
I look forward to your favorable consideration of this proposed ALTSC contract.
Sincerely,
Keit
h Pettigrew
Executive Director, District of Columbia Housing Authority
Enclo
sures
KP/hg
cc: Nyasha Smith, Secretary to the Council
Date: September 29, 2025
Purs
uant to section 202(c) of the Procurement Practice Reform Act of 2010, as amended, D.C.
Official Code § 2-532.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(A) Co
ntract Number: 2025-ALRSP-04A
Proposed Contractor: PBS Property Holdings, LLC (the “Owner”)
Contract Amount (Base Period): $255,552.00 Annually
Unit and Method of Compensation: Housing Assistance Payments, paid monthly
Term of Contract: 15 Years
Type of Contract: Agreement to Enter into a Long-Term Subsidy
Source Selection Method: See “D” below
(B) For
a contract containing option periods, the contract amount for the base period
and for each option period. If the contract amount for one or more of the option
periods differs from the amount for the base period, provide an explanation of the
reason for the difference:
This
is a multi-year contract.
(C) Th
e goods or services to be provided, the methods of delivering goods or services,
and any significant program changes reflected in the proposed contract:
Pursuant to D.C. Official Code § 2-352.02, I have enclosed, for consideration by the
Council of the District of Columbia, the Council Contract Summary for the Agreement to
Enter into a Long Term Subsidy Contract (“ALTSC”) between the District of Columbia
Housing Authority (“DCHA”) and PBS Property Holdings, LLC (the “Owner”). DCHA
proposes to provide a housing subsidy to the Owner in the initial amount of $255,552.00
annually for a multi-year term of fifteen (15) years, in support of the District’s Local Rent
Supplement Program (“LRSP”) to provide affordable housing at Kennedy Gardens
Apartments located at 145 Kennedy Street NW.
(D) Th
e selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:
In J
une of 2019, the District of Columbia’s Department of Housing and Community
Development (“DHCD”) issued a Request for Proposals (“RFP”) regarding the
availability of funds from multiple district agencies, including DCHA, DHCD, the
Department of Behavioral Health, the Department of Human Services, and the District of
Columbia Housing Finance Agency. Of the 21 total proposals received, (11) developers
were chosen to work with DCHA and others to develop affordable housing and
permanent supportive housing units for extremely low-income families making zero to
thirty percent of the area’s median income, as well as the chronically homeless and
individuals with mental or physical disabilities throughout Washington, DC.
2
Aft
er meeting the requirements for DHCD review and LRSP subsidy eligibility,
proposals were evaluated on various underwriting and prioritization criteria including
financial feasibility, project sustainability, development team capacity, amount of capital
requested, nonprofit participation, and furtherance of the development of affordable
housing. Additionally, DCHA has determined that the proposed project meets the District
of Columbia’s Consolidated Plan and the Mayor’s goal for providing affordable housing
opportunities in neighborhoods.
(E) A de
scription of any bid protest related to the award of the contract, including
whether the protest was resolved through litigation, withdrawal of the protest by the
protestor, or voluntary corrective action by the District. Include the identity of the
protestor, the grounds alleged in the protest, and any deficiencies identified by the
District as a result of the protest:
None.
(F) Th
e background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and performance on past or current
government or private sector contracts with requirements similar to those of the
proposed contract:
Kennedy Gardens Apartments:
Kennedy Street Gardens (the "Project”) is the new construction of thirty -six (36) units of
affordable rental housing and 5,546 square feet of commercial space located at 145
Kennedy Street, NW. The Project will recast the headquarters of one of the nation’s most
prestigious historic black fraternities, Phi Beta Sigma.
The he
adquarters, located in Ward 4 will become a pillar of the community, hosting
community meetings, fraternity gatherings and reunions and housing essential DC
residents. The Project is a furtherance of Phi Beta Sigma’s mission, to effectively
embody a culture for service and service for humanity.
The pr
oject will be a mixed use affordable housing and commercial office site located in
one of Washington D.C.’s most prestigious neighborhoods (Priority Area). Residents and
tenants alike will have access to a number of neighborhood amenities and one of the
City’s best school districts. The Owner/Borrowing Entity of this property will be PBS
Property Holdings, LLC (the “Owner”). The Developer commits to executing a covenant
ensuring that this project remains affordable forever. The Owner will utilize a
combination of Low -Income Housing Tax Credits (LIHTC) equity, bank or tax exempt
bond debt, DHCD loans, deferr ed developer fee, and net operating income to finance the
roughly $35MM development budget. The project will provide a substantial investment
and create new, high quality affordable housing units in an underserved area of
Washington, DC, and in a neighborhood, which has seen significant investment by
DHCD in recent years. This investment will further contribute to the change catalyzed by
DHCD through the other affordable properties in the neighborhood.
3
The unit mix calls for (1) one studio unit, nineteen (19) one bedroom units, six (6) two
bedroom units and ten (10) three bedroom units. Fifteen percent (15%) of the units will
be fully accessible, meeting the full Uniform Federal Accessibility Standards (UFAS)
requirements as well as Type A requirements. Spe cifically, e ight of he three bedroom
units will be reserved for permanent supportive housing. The Permanent Supportive
Housing units will be managed by an experienced and respected local non-profit
organization, Community Connections of DC (“CCDC”), who ha s extensive experi ence
providing intergenerational resident supportive services and the requisite community
connection to ensure a project that is beloved by both its residents and the surrounding
community.
Ou
r project will leverage its extensive amenity space, to foster engagement between the
resident families and seniors. Community Rooms and Gathering Spaces, complete with
kitchenettes, will be available to the residents and their guests on the sixth floor. The
sixth-floor community space will also have an exterior patio and grill with incredible
views of Washington D.C. Each design decision was done with the well -being of our
residents in mind. The ground floor will house the Phi Beta Sigma headquarters and
Museum. The Project will create both a seat of business for the Fraternity and a unique
cultural institution that will drive diverse tourism to the site.
The
Project has been designed to meet the Passive House Requirements. One of the
required design components of achieving this certification is the inclusion of solar arrays.
The development team plans to pursue energy financing and any additional financing
sources available will be used to reduce the DHCD loan amount.
(G) A summary of the subcontracting plan required under section 2346 of the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance Act of
2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a
certification that the subcontracting plan meets the minimum requirements of the
Act and the dollar volume of the portion of the contract to be subcontracted,
expressed both in total dollars and as a percentage of the total contract amount:
Not
applicable.
(H) Perf
ormance standards and the expected outcome of the proposed amount:
The
housing subsidy shall be used solely to support housing costs associated with the
affordable housing units at Kennedy Gardens Apartments located at 145 Kennedy Street
NW in support of the District’s Local Rent Supplement Program (LRSP). The project is
consistent with the District’s goal of increasing affordable housing, especially among
low-to-moderate income residents and preserving existing affordable housing
opportunities in the District. Additionally, the Owner is required to fulfill all conditions
as set forth in the ALTSC Agreement within the agreed upon time frames. Failure to
fulfill the terms of the ALTSC Agreement will constitute default.
4
(I) The amount and date of any expenditure of fund by the District pursuant to the
contract prior to its submission to the Council for approval:
None
.
(J)
A certification that the proposed contract is within the appropriated budget
authority for the agency for the fiscal year and is consistent with the financial plan
and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-
392.02:
CF
O Certifications are attached.
(K) A
certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
Pe
nding Litigation Certification and Legal Sufficiency Memo are attached.
(L)
A certification that Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes. If the citywide clean hands Database
indicates that the proposed contractor is not current with District taxes, either: (1) a
certification that the contractor has worked out and is current with a payment
schedule approved by the District; or 92) a certification that the contractor will be
current with its District taxes after the District recovers any outstanding debt as
provided under D.C. Official Code § 2-353.01(b):
Cl
ean Hands certification is attached
(M)
A certification from the proposed contractor that it is current with its federal taxes,
or has worked out and is current with a payment schedule approved by the federal
government:
Fed
eral Tax Certification is attached.
(N) T
he status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
Enterprise Development and Assistance Act of 2005, as amended; D.C. Official
Code 2-218.01 et seq.:
PBS
Property Holdings, LLC is not certified as a local, small or disadvantaged business
enterprise.
(O) O
ther aspects of the proposed contract that the Chief Procurement Officer
considers significant:
Not
applicable.
5
(P) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government:
In
cluded in the legal sufficiency memo, attached.
(Q) A
ny determination and findings issue relating to the contract’s formation, including
any determination and findings under D.C. Official Code § 2-352.05 (privatization
contracts):
None
.
(R) Wh
ere the contract, any amendments or modifications, if executed, will be made
available online:
Th
e contract will be made available on the DCHA website.
(S) Wh
ere the original solicitation, and any amendment or modifications, will be made
available online:
Or
iginal solicitation was published 6/28/19 and extended through 9/30/19. See link:
http://dhcd.dc.gov/service/rfps-rfas-sfos.
InitialFile#:L00007176943EntityType:LLC
GOVERNMENT OF THE DISTRICT OF COLUMBIA.
DEPARTMENTOF LICENSINGAND CONSUMER PROTECTION
CORPORATIONSDIVISION
Ld
CERTIFICATE
THIS ISTO CERTIFY thatallapplicableprovisionsoftheDistrictofColumbiaBusiness
OrganizationsCode(Title29)havebeencompliedwithandaccordingly,thisCERTIFICATEOF
GOOD STANDINGisherebyissuedto
PBSPropertyHoldings,LLC
WE FURTHERCERTIFYthatthedomesticentityisformedunderthelawoftheDistricton12/07/2021;thatallfees,andpenaltiesowedtotheDistrictforentityfilingscollectedthroughtheMayorhavebeenpaidandPaymentisreflectedintherecordsoftheMayor;Theentity'smostrecentbiennialreportrequiredby§29-102.11hasbeendeliveredforfilingtotheMayor;andtheentityhasnotbeendissolved.Thisofficedoesnothaveanyinformationabouttheentity’sbusinesspracticesandfinancialstandingandthiscertificateshallnotbeconstruedastheentity’sendorsement.
IN TESTIMONY WHEREOF Ihave hereuntosetmy handandcausedthesealofthisofficeto
be affixedas of 9/5/20253:19 PM.
Businessand ProfessionalLicensingAdministration
Rebecca Ganevich
REBECCAJANOVICH
SuperintendentofCorporations,
CorporationsDivision

MurielBowser
Mayor
‘Tracking#:TOQGMzR2
September5th 2025KATHERINE ANN MARIN
Notarized remotely online using communication technology via Proof.
5th September 2025
KATHERINE ANN MARIN
Notarized remotely online using communication technology via Proof.
20255th September
KATHERINE ANN MARIN
Notarized remotely online using communication technology via Proof.
September 5, 2025
September5th
Notarized remotely online using communication technology via Proof.
*
*
* Governmentofthe DistrictofColumbia

mmm OiceoftheChiefFinancialOfficer 110144Street,SWFmt OfficeofTaxandRevenue Washington,DC20024
DateofNotice:September4,2025 NoticeNumber:10014875855 =
PBSPROPERTYHOLDINGSLLC FEIN:#*-9943219145KENNEDYSTNW CaseID:18713827WASHINGTONDC20011-5260
CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywith the Districtof Columbia Office of Tax and Revenue or the Department of Employment
Services.As of the date above, the individual/entityhas complied with DC Code § 47-2862, therefore
thisCertificateof Clean Hands isissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER28GENERALLICENSESUBCHAPTERII.CLEANHANDSBEFORERECEIVINGA LICENSEOR PERMITD.C.CODE§47-2862(2006)§47-2862PROHIBITIONAGAINSTISSUANCEOFLICENSEOR PERMIT

AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand EnforcementAdministration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe
“ValidateaCertificateofCleanHands”hyperlinkundertheCleanHandssection.

{1014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-5045/MyTax.DC-gov
1
MEMORANDUM
TO:
FROM:
DATE:
Keith Pettigrew
Executive Director
Anton Shaw
Sr. Vice President, Housing Choice Voucher Program
Andrea Powell
Deputy General Counsel - Real Estate and Business
September 29, 2025
SUBJECT: Local Rent Supplement Program – Agreement to Enter into a Long Term Subsidy Contract
between the District of Columbia Housing Authority and PBS Property Holdings, LLC
This memorandum responds to a request that the Office of the General Counsel review the proposed Agreement to Enter
into a Long Term Subsidy Contract (“ALTSC”) between the District of Columbia Housing Authority (“DCHA”) and
PBS Property Holdings, LLC (the “Owner”) for legal sufficiency:
Project:
Kennedy Gardens Apartments –
Kennedy Street Gardens (the "Project”) is the new construction of 36 units of affordable rental
housing and 5,546 square feet of commercial space located at 145 Kennedy Street, NW . The Project will recast the
headquarters of one of the nation’s most prestigious historic black fraternities, Phi Beta Sigma. The headquarters, located
in Ward 4 will become a pillar of the community, hosting community meetings, fraternity gatherings and reunions and
housing essential DC residents. The Project is a furtherance of Phi Beta Sigma’s mission, to effectively embody a culture
for service and service for humanity.
The project will be a mixed-use affordable housing and commercial office site located in one of
Washington D.C.’s most prestigious neighborhoods (Priority Ar ea). Residents and tenants alike will have access to a
number of neighborhood amenities and one of the City’s best school districts. The Owner of this property will be PBS
Property Holdings LLC (the “Owner”). The Developer commits to executing a covenant ensuring that this project remains
affordable forever.
The Owner will utilize a combination of Low -Income Housing Tax Credits (LIHTC) equity, bank or tax exempt bond
debt, DHCD loans, deferred developer fee, and net operating income to finance the roughly $35MM development budget.
The project will provide a substantial investment and create new, high quality affordable housing units in an underserved
area of Washington, DC, and in a neighborhood, which has seen significant investment by DHCD in recent years. This
investment will further contribute to the change catalyzed by DHCD through the other affordable properties in the
neighborhood.
The unit mix calls for (1) one studio unit, nineteen (19) one bedroom units, six (6) two bedroom units and ten (10) three
bedroom units. Fifteen percent (15%) of the units will be fully accessible, meeting the full Uniform Federal Accessibility
Standards (UFAS) requirements as well as Type A requirements. Specifically, eight of the three -bedroom units will be
reserved for pe rmanent supportive housing. The Permanent Supportive Housing (PSH) units will be managed by an
experienced and respected local non-profit organization, Community Connections of DC (“CCDC”), who has extensive
experience providing intergenerational resident supportive services and the requisite community connection to ensure a
project that is beloved by both its residents and the surrounding community. Our project will leverage its extensive
amenity space, to foster engagement between the resident families and seniors. Community Rooms and Gathering Spaces,
complete with kitchenettes, will be available to the residents and their guests on the sixth floor. The sixth-floor community
space will also have an exterior patio and grill with incredible views of Washington D.C. Each design decision was done
with the wellbeing of our residents in mind. The ground floor will house the Phi Beta Sigma headquarters and Museum.
The Project will create both a seat of business for the Fraternity and a unique cultural instituti on that will drive diverse
tourism to the site. The Project has been designed to meet the Passive House Requirements. One of the required design
components of achieving this certification is the inclusion of solar arrays. The development team plans to pursue energy
financing and any additional financing sources available will be used to reduce the DHCD loan amount.
DCHA proposes to provide a housing subsidy for Eight (8) units in the initial amount of $255,552.00 annually for a
multi-year term of twenty (2 0) years in support of the District’s Local Rent Supplement Program (“LRSP”) to provide
affordable housing units at 145 Kennedy Street NW.
1) Description of the Contract
The Contract is an ALTSC to provide operating subsid y for rental assistance to be provided by DCHA on affordable
housing units owned and operated by the Owner pursuant to the Local Rent Supplement Program established under Title
II of the Fiscal Year 2007 Budget Support Act of 2006.
2) Procurement Process
In June 2019, the District of Columbia’s Department of Housing and Community Development (“DHCD”) issued a
Request for Proposals (“RFP”) regarding the availability of funds from multiple district agencies, including DCHA,
DHCD, the Department of Behavioral Health, the Department of Human Services, and the District of Columbia Housing
Finance Agency. Of the twenty -one (21) total proposals received, eleven (11) developers were chosen to work with
DCHA and others to develop affordable housing and permanent suppo rtive housing units for extremely low income
families making zero to thirty percent of the area’s median income, as well as the chronically homeless and individuals
with mental or physical disabilities throughout Washington, DC.
After meeting the requirem ents for DHCD review and LRSP subsidy eligibility, proposals were evaluated on various
underwriting and prioritization criteria including financial feasibility, project sustainability, development team capacity,
amount of capital requested, nonprofit parti cipation, and furtherance of the development of affordable housing.
Additionally, DCHA has determined that the proposed project meets the District of Columbia’s Consolidated Plan and
the Mayor’s goal for providing affordable housing opportunities in neighborhoods.
3) Legal Review
Prior to September 25, 2025 the Office of the General Counsel reviewed the Contract for legal sufficiency. The review
indicates a competitive process was followed in making the award to the Owner. Additionally, it was determined that
the proposed contractor is not currently debarred from providing services or goods to the District or federal government.
The review of the Contract indicates that it is legally sufficient.
3
As the Contract is for a term of twenty (20) years and the Contract will be funded with District of Columbia funds, the
Contract must be submitted to the District of Columbia Council for review and approval in accordanc e with D.C. Code
Section 2-352.02.
APPROVED AS TO LEGAL SUFFICIENCY:
Andrea Powell
Deputy General Counsel - Real Estate and Business

{CFO CERTIFICATIONS -}
CERTIFICATIONS

In reliance upon the attached September 13, 2023 Funding Certification from the Office of Chief
Finance Officer of the District of Columbia and the September 11, 2023 Letter of Commitment
from the District of Columbia Housing and Community Development (“DHCD”) that DHCD has
sufficient appropriated funds in the financial plan for the District of Columbia’s Fiscal Year 2025
to fund, among other matters, the Local Rent Supplement payments in relation to the project known
as the Kennedy Gardens Apartments located at 145 Kennedy Street, NW, I hereby certify that the
proposed Agreement to Enter into a Long Term Subsidy Contract (“ALTSC”) between the District
of Columbia Housing Authority (“DCHA”) and PBS Property Holdings LLC to provide an annual
subsidy for eight (8) affordable housing units, for a term of twen ty (20) years, is in compliance
with the applicable Federal and District of Columbia (the “District”) Regulations and the DCHA’s
policies and procedures.

__________________________________ ______________________________
Keith Pettigrew Date: September 29, 2025
Executive Director, DCHA

I have reviewed this proposed ALTSC action. I have determined, based upon the September 13,
2023 Funding Certification from the Office of Chief Financial Officer of the District and the
September 11, 2023 Letter of Commitment from DHCD, that upon the District’s release of the
Local Rent Subsidy Program funds and the satisfaction of all requirements of the Long- Term
Subsidy Contract, DCHA will make available an initial annual subsidy amount of up to Two
Hundred Fifty-Five Thousand Five Hundred Twenty-Two Dollars and Zero Cents ($255,522.00) .
This action is within DCHA’s apportionment and budget authority, and is within the District’s
Financial Plan and Budget for FY2025, and such funds are available for administration by DCHA
to support the action.

___________________________________ ______________________________
Heather Mueller Date: September 29, 2025
Chief Financial Officer, DCHA

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Office of the Director
Department of Housing and Community Development | 1800 Martin Luther King, Jr. Avenue, SE, Washington, DC 20020 | 202.442.7200 | dhcd.dc.gov
TO: John Sarah
Vice President of Finance
District of Columbia Housing Authority
FROM: Beth Spooner
Agency Fiscal Officer
Department of Housing and Community Development
DATE: September 13, 2023
SUBJECT: Certification of Funding Availability for Local Rent Supplement – 145 Kennedy Street
This memorandum certifies that the Department of Housing and Community Development has $160,464
in the financial plan for fiscal year 2025 to fund project-based Local Rent Supplement Program vouchers
(inclusive of administration fees) in relation to the 145 Kennedy Street development project. This amount
reflects the estimate of what is needed based on the projected lease-up date. The full year cost of $274,974
is also available in the financial plan for fiscal year 2026. This amount is inclusive of the annual LRSP
amount of $255,552 and the DCHA administrative fee.
The availability of funds is subject to fiscal year 2025 and 2026 appropriations and is contingent upon
passage of the FY 2025 and FY 2026 budgets.
Please contact me on 202-442-7173 if you have any questions.
Bethany Spooner
Digitally signed by Bethany
Spooner
Date: 2023.09.12 14:10:15 -04'00'
roe==
GOVERNMENT OF THE DISTRICTOF COLUMBIA
DEPARTMENTOFHOUSINGAND COMMUNITYDEVELOPMENT
OfficeoftheDirector
CE: .
September11,2023
DorianJenkins,InterimExecutiveDirectorDistrictofColumbiaHousingAuthority300 7th StreetSW
10thFloor
Washington, DC 20024
RE:LocalRentSupplementProgram(LRSP)LetterofCommitmentfor145KennedyStreet
DearDorianJenkins:
As requiredby D.C. OfficialCode § 6-227(b-1)(4)(A),thisletterconfirmsthe District'sproject-
basedvoucherassistancefundingallocationtotheDistrictofColumbiaHousingAuthorityfor
theProject’sinitial15-yeartermLong-TermSubsidyContractinaccordancewiththeproposed‘AgreementtoEnterintoaLong-TermSubsidyContractandthefundingcertificationrequiredbyD.C.OfficialCode§2-352.02(c)(6).Thedetailsforthisfundingallocationare:
ProjectSponsor:PhiBetaSigma,Inc.(PBSImpactFoundation)
ProjectName:145KennedyStreet
ProjectAddress:145KennedyStreetNW
Numberof LRSP Units:8
AnnualLRSPAmountRequested:$255,552

Theprocessfortransferoftheproject-basedvoucherassistanceallocatedfortheProjectshallbeinaccordancewiththetermsandconditionsoftheMemorandumofUnderstandingbetweentheDistrictofColumbiaHousingAuthorityandtheDepartmentofHousingandCommunityDeveloped,effectiveasofOctober1,2022.
TheProjectfundingcertificationrequiredbyD.C.OfficialCode§2-252.02(c)(6)isenclosed.

‘DepartmentofHousingandCommuntyDevelopment|1800MartiniterKingAvenue,SE,WashingtonDC20020|202.442.7200|heagov
RESOLUTION 23-46
TQ AUTHORIZE THE SUBMISSION TC THE COUNCIL OF THE DISTRICT OF
COLUMBIA OF AGREEMENT 70 ENTER INTO LONG TERM SUBSIDY CONTRACTS
FOR PROJECTS AWARDED IN DHCD’S FY21 RFP — GROUP 3 IN SUPPORT THE
CREATION OF AFFORDABLE HOUSING IN THE DISTRICT OF COLUMBIA.
WHEREAS,theDistiictofColurnbiaHousingAuthority(DCHA)seekstosupporttheincreaseinthesupplyofaffordablehousingintheDistrictofColumbia;and
WHEREAS,underthestatutegovemingtheLocalRentSupplementProgram(LRSP),LRSPisexpresslyforhouseholdswithincomes(uponadmittance)atorbelowthirtypercent(20%)oftheDistrictareamedianincome;and
WHEREAS, DCHA isresponsibleforadminiateringtheLocalRentSupplement
Program(LRSP)project-sponsorbasedsubsidyinaccordancewithItsstatutoryand
regulatoryrequirements;and
WHEREAS,onSéptember30,2021,DistrictofColumbiaDepartmentofHousingandCommunityDevelopment(DHCD)issuedaConsolidatedRequestforProposalsforAffordableHousing Projects(RFP) tosupportprojectsthatwould resultintheincreaseof
the supplyof decent,affordablerentaland homeownership housing inthe Districtof
Columbia; and
WHEREAS,DHCDissueda noticetocertainrespondentstotheREPadvisingthattheirproposalswouldmaveforwardforfurtherreviewbytheagencyresponsibleforadministaringtheapplicablefundingsourceasfundsbecameavailable;and
WHEREAS, perthe Budget Support Act forFiscalYear 2022, DHCD isthe agency
responsibleforthe salectionand underwritingof projectsforrecommendationsunderthe
RFPandDHCD hasprovidedDCHA theprojectssetforthonAttachment1heretoand
incorporatedintothisResolution;and
WHEREAS,allawardsofLRSParesubjecttofinalreviewbyDCHAtoensuretheawardscomplywithDCHA’sAdministrativePlan,theLRSPregulationsandthegoverninglawforadministeringtheLRSP programandsatisfactionoftheLRSP programrequirementsbyeachrespondent;and
WHEREAS, DCHA receivesa fee equal to7.6% ofthe LRSP contractamount to.
administerthe LRSP program; and
WHEREAS, DCHA seekstoauthorizeany requiredsubmissionstotheCouncilof
theDistrictofGolumbia(DCCouncil)toobtainallrequiredlegislativeapprovals;and
REROLUTION22.46
‘TOAUTHORIZETHESUBMISSIONTOTHECOUNCILOF‘THEDISTRICTOFCOLUMBIAOFAGREEMENTTOENTERINTOLONGTERMSUBSIDYCONTRACTSFORPROJECTSAWARDEDINBHGD’SFYZ1REP-GROUP31NSUPPORT‘THECREATIONOFAFFORDABLEHOUSINGINTHEDISTRICTOFCOLUMBIA
NOW, THEREFORE, BE IT RESOLVED, thatthe Board of Commissioners of
BCHA herebyauthorizesthe submissiontothe DC Councilof theAgreement to Enter
intoLong-Term Subsidy Contracts(ALTSG) forthe FiscalYear 2023 LRSP Projects
awarded by DHCD as setforthinthe Attachment 1 expresslyincorporatedintothis
Resolution.
BE ITFURTHERRESOLVED,theBoardofCommissionersherebyauthorizestheExecutiveDirectorof DCHA to take allsuch actionsto execute alleuch required
documents,and tomake any requiredsubmisstonstetheDC CouncilfortheapprovaloftheALTSC. contractsand theuseof the LRSP fundsappropriatedfromtheDC Council.
ADOPTED, by theBoardof Commissioners and signedinauthenticationofits
passagethe 13" dayofSeptember2023.
TEST APPROVED:
DorianJenkins RaymondSkinnerInterimExecutiveDirector/Secretary Chaiperson
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
/VicePresident&GeneralCounsel
RESOLUmON2.46
‘TOAUTHORIZETHESUBWISSION70 THECOUNCE.OF‘THEDISTRICTOFCOLUMBIAOFAGREEMENTTO ENTERINTOLONGTER SUBSIDYCONTRACTSFORFROJECTS:AWARDEDINDHCD’SFY21RFP=GROUP INSUPPORT‘THECREATIONOFAFFORDABLEHOUSINGINTHEDISTRICTOFCOLUMEIA,
Attachment I
arr Deere ree Ctr a re Ty Teunits itreangy fagRSP
Ridgeorest c $660,960Phase2 ae Sb,346
$2,187,624

1109Congress|
‘Street
145 Kennedy| LegacyReal| 145Kennedy | 4 36 @ $255,552Street NW

233 103 “$3,104,136|
GOVERNMENT OF THE DISTRICT OF COLUMBIA
PROFILE SUMMARY
(
CONTRACTs TO PURCHASE, SELL, ACQUIRE, TRANSFER, LEASE OF REAL
PROPERTY/ EXCLUSIVE RIGHT AGREEMENTs/LOANs & GRANTs OVER $1M/INTRA-
DISTRICTs)
C
ontracting Agency: District of Columbia Housing Authority Agency Code:
Using Agency: District of Columbia Housing Authority Agency Code:
Loan/Grant/Lease Sub-recipient Name: PBS Property Holdings, LLC
I .D. #: 2025-LRSP-04A
S
hould the D.C. Council have any questions regarding this loan/grant/lease, please contact:
Hammere Gebreyes 202-216-4460
Program Manager Telephone Number
TYPE OF DOCUMENT SUBMITTED
1. Loan/Grant/Lease Modification 4. Unwritten or Informal Contract
2. Exercise of Grant Option Year (E. O.) 5. Lease of Real Property
3. Loan/Grant/Lease Agreement for: 6. Other:
LRSP Housing Subsidy
__________________________________
LOAN/GRANT TYPE
1. Subsidy – LRSP Housing Subsidy 4. Cost Reimbursement
2. Loan Price
5. Time and Material
3. Task Order 6. Advance Payment

GRANT/LOAN/LEASE INFORMATION
G
rant/Loan/Lease No. : DCHA Subsidy: $255,552.00
Subsidy Amt. Required This FY: $255,552.00 Amt. Required Next FY: N/A
C
aption: PBS Property Holdings, LLC Term: 20 year term
D
oes this Housing Subsidy Amount exceed $1 million: Yes No
I
f yes, please attach a copy of the DC Council approval and provide the following information:
Date received:________________ Date approved:
L
EASE INFORMATION - N/A
Lease No.:______________________ Total Cost
Location:_______________________ Annual Cost
Sq. Ft. Leased: __________________ Cost Per Sq. Ft.
Total Bldg. Sq. Ft.:_______________ % Sq. Ft. Leased By D.C.
BRIEF DESCRIPTION OF GRANT/LOAN/LEASE
SOURCE OF FUNDING
1. Appropriated
Local Rent Sup plement Program
4. Intra -District
2. Capital 5. Inter-Jurisdictional
3. Grant ( ) 6. Other: (Indicate: ) HPTF
If procurement action is funded by grant or other non-capital or non-appropriated funds, will the
District need to expend some portion of its funds prior to receiving funds from the grantor or
other funding source?
Yes No X – NOT APPLICABLE
If Yes, indicate the amount the District will need to expend and the percentage this amount
represents of the total funds required to support the effort. District Funds $
%______________________.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 1 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority (DCHA)
LONG TERM SUBSIDY Local Rent Supplement Program (LRSP)
CONTRACT P ROJECT-BASED ASSISTANCE
CO
NTRACT NO: 2025-ALRSP-04A
Project Name:
Kennedy Gardens Apartments
145 Kennedy Street NW, Washington, DC 20011
D
istrict of Columbia Housing Authority
Local Rent Supplement Program
Project-Based Assistance
PART I OF THE
AGREEMENT TO ENTER INTO LONG TERM SUBSIDY CONTRACT
This Agreement to Enter Into Long Term Subsidy Contract (“Agreement”) is entered into
between the District of Columbia Housing Authority (“DCHA”), and PBS Property Holdings,
LLC (“Owner”).
Recitals
This Agreement is entered into pursuant to the Local Rent Supplement Program
(“LRSP”) established by DCHA pursuant to Title II of the Fiscal Year 2007 Budget Support
Emergency Act of 2006, effective August 8, 2006, (D.C. Act A16-0476; 53 DCR 7068), which is
the D.C. Housing Authority Rent Supplement Act of 2006, as amended or as provided in
subsequent appropriation authority of the District of Columbia.
The LRSP has been established to provide residents of the District of Columbia, project-
based rental subsidy for families whose gross income initially does not exceed 30% of the area
median income, as adjusted for household size. As set forth in the Agreement, the Owner agrees
to complete the work on units(s) in accordance with Exhibit B. When the work is complete, the
Owner and DCHA will enter into a Project-Based Long Term Subsidy Contract (“LTSC”) which
will allow the Owner to receive housing assistance payments from DCHA for such units so that
they may afford to rent the unit(s) to eligible families.
1. G eneral Provisions.
1.1 Significant Dates: Contents of Agreement.
Effective Date of Agreement: __________________ ______, 2025
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 2 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
B. Date of Commencement of Work. The date for commencement of work is not later than
60 calendar days a fter the effective date of this Agreement.
C. Time for Completion of Work. The date for completion of work is not later than
540 days f rom the effective date of this Agreement.
D. Contents of Agreement. This Agreement consists of Part I, Part II, and the
following exhibits:
Ex
hibit A: The approved Owner’s Application.
Ex
hibit B: Description of work to be performed under this Agreement. (If this
Agreement is for rehabilitation of units, this exhibit shall contain the
rehabilitation work write up and, where determined necessary by the
DCHA, specifications and plans. If this Agreement is for new
construction, this exhibit shall contain the drawings and specifications.)
Ex
hibit C: Identification of units by size and applicable LRSP subsidy payment per unit.
Ex
hibit D: Form of Long Term Subsidy Contract (“LTSC”)
Ex
hibit E: The schedule of completion of stages, if applicable. (This exhibit
shall identify the units in each stage.)
Ex
hibit F: Architect’s Certification
Ex
hibit G: Davis Bacon Wage Schedule
Addi
tional Exhibits: NONE
T
his Agreement, including the exhibits, is the entire Agreement between the
DCHA and Owner.
E. Nature of Work. (Check which is applicable.)
[ ] T his Agreement is for rehabilitation of units to be assisted by project-
based assistance under the Local Rent Supplement Program.
[X] This Agreement is for new construction of units to be assisted by project-based
assistance under the Local Rent Supplement Program.
1.2 Applicability of Part II Provisions.
1.2.1 Training, Employment and Contracting Opportunities for Businesses and Lower-Income
Persons. (Applies if the total of Contract Rents for all units under the proposed Contract, over the
minimum term of the Contract, is more than $500,000 or $2,778 per month).
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 3 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
[X] Applicable [ ] Not Applicable
1.2.2 Equal Employment Opportunity. (Applies only to construction contracts of more than
$10,000.)
[
X] A
pplicable [ ] Not Applicable
1.2.3 Clean Air Act and Federal Water Pollution Control Act. (Applies if the total of Contract
Rents for all units under the Contract, over the maximum term of the Contract, is more than
$100,000 or $556 per month).
[
X] A
pplicable [ ] Not Applicable
1.2.4 Labor Standards Requirements. (Section 2.4, 2.8 and 2.10 apply when this Agreement
covers nine or more units.) 2.8 Wage Claims and Adjustments; 2.10 Evidence of Unit(s)
Completion; Escrow.
[
X] A
pplicable [ ] Not Applicable
1.2.5 Flood Insurance. (Applies if units are located in areas having special flood hazards and in
which flood insurance is available under the National Flood Insurance Program.)
[
] Applicable [X ] Not Applicable
1.3. DCHA Assurance to Owner.
D
CHA warrants that it is a “Public Housing Agency” as defined in the U.S. Housing Act of 1937,
that it is authorized to execute the Agreement in accordance with rules, regulations, and laws
applicable to the LRSP.
1.4. Schedule of Completion.
A. Timely Completion of Work. The Owner agrees to begin work no later than the date for
commencement of work as stated in Section 1.1.B. In the event the work is not
commenced, diligently continued, and completed as required under this Agreement,
D
CHA may terminate this Agreement or take other appropriate action. The Owner agrees
to report promptly to DCHA the date work is commenced and furnish DCHA with
pr
ogress reports as required by DCHA.
B. Time for Completion. All work must be completed no later than the end of the period
stated in Section 1.1.C. Where completion in stages is provided for work related to units
included in each stage shall be completed by the stage completion date in Exhibit E, and
a
ll work on all stages must be completed no later than the end of the period stated in
S
ection 1.1.C.
C. Delays. If there is a delay in the completion due to unforeseen factors beyond the
Owner’s control as determined by DCHA, DCHA agrees to extend the time for
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 4 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
completion for an appropriate period as reasonably determined by DCHA. In the case of
such delays, DCHA may, in its sole discretion, reduce the term of the LTSC so that the
LTSC term does not extend beyond the last date for the District funding authority from
which the LTSC is to be funded.
1.5. Construction Period .
A. Establishment of Initial Contract Rent.
1. T
he initial Contract Rent for each unit may in no event exceed that which is
authorized in accordance with LRSP rules, regulations, and requirements.
2. T
he Contract Rents stated in Exhibit C of this Agreement will be the initial
C
ontract Rents specified in the LTSC, unless a lower initial Contract Rent is
established by DCHA in accordance with paragraph B of this section, or Section
1.14A
of this Agreement. The initial Contract Rents stated in Exhibit C of this
Agreement shall not be increased for any reason, including changes in the work.
B. Establishment of Lower Initial Contract Rent.
1. Excessive Rent. Where the initial Contract Rent for any unit would
otherwise exceed the amount authorized in accordance with LRSP rules,
r
egulations and requirements, DCHA shall establish a lower initial Contract Rent
in accordance with such rules, regulations and requirements. Such lower rent
shall be established at the amount determined by DCHA.
2. Changes in the Work.
(
a) The Owner must obtain prior DCHA approval for any change from the
work specified in Exhibit B which would have a material adverse
effect on the design or quality of the rehabilitation or construction.
D
CHA is not required to approve any changes requested by the Owner.
D
CHA approval of any change may be conditioned on establishment
of lower initial Contract Rent at the amounts determined by the LRSP.
(
b) If the Owner makes any changes in the work without prior DCHA
approval, DCHA may establish lower initial Contract Rents at the
amounts determined by the LRSP.
C. Referrals from Owner. At least sixty (60) days prior to the scheduled completion of the
work described in Exhibit B (where completion in stages is provided, sixty days prior to
c
ompletion of each stage), the Owner shall notify DCHA in writing of the proposed
e
ligible and appropriate-sized families from the Owner’s site- based waiting list to be
hous
ed in the units to be covered by the LTSC. If Owner does not have sufficient eligible
and appropriate sized families from the Owner’s site-based waiting list, Owner shall
request in writing for applicant referrals from DCHA’s waiting list
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 5 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
D. Prohibition Against Displacement of Residential Tenants from Assisted Units. The
Owner agrees that work on any unit to be subsidized with assistance under the LTSC
shall not result in the displacement of residential tenants from the units to be subsidized.
If a residential tenant is displaced through a waiver of this requirement, in violation of
this requirement, the Owner shall provide relocation assistance for displaced persons in
accordance with the regulations which implement the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and any applicable laws and regulations
of the District of Columbia.
E. Temporary Relocation. The Owner agrees that lawful residential tenants shall not be
required to move temporarily from a structure or complex unless:
1. T
he Owner has given the tenants thirty (30) days advance written notice and
ap
propriate advisory services;
2. D
ecent, safe, and sanitary temporary housing is available;
3. T
he temporary relocation period will not exceed 12 months; and
4. T
he Owner reimburses tenants for reasonable out-of-pocket expenses incurred in
c
onnection with the temporary relocation, including moving costs to and from
temporary housing and increases in monthly housing costs.
T
hese requirements apply only to lawful residential tenants (but not to owner-occupants
or businesses) who are temporarily relocated following submissions of the Owner’s
application to DCHA. The requirements do not apply to tenants who commence
occupancy after the Owner’s submissions of an application if, before they commence
occupancy, they are provided written notice from the Owner of the impending work and
possible temporary relocations, or whose tenancy is terminated for cause based upon a
serious or repeated violation of material terms of the lease or occupancy agreement.
F. Inspections. DCHA may inspect the work during rehabilitation or construction to ensure
that work is proceeding on schedule, is being accomplished in accordance with the terms
of the Agreement, meets the levels of material described in Exhibit B, and meets typical
levels of workmanship in the area; provided however, DCHA shall not be under any
obl
igation to perform inspections of the rehabilitation or construction of the units. Upon
r
eceipt of the items which satisfy the requirements of this Agreement, including the items
i
n Sections 1.6C and 2.10 below, DCHA will perform the inspection to determine
whether the Contract Units meet Housing Quality Standards (HQS).
1.6. Work Completion.
A. Conformance with Exhibit B. The completed work must be in accordance with Exhibit
B. T he Owner is solely responsible for completion of the work.
B. Notification of Completion. The Owner agrees to notify DCHA when the work is
completed and to submit to DCHA the items described in paragraph C of this section.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 6 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
C. Evidence of Completion. When the work is completed, the Owner must provide DCHA
with the following:
1. A
certificate of occupancy and other official approvals as required by the
applicable laws and regulations of the District of Columbia.
2. A
certification by the Owner that:
(
a) The work has been completed in accordance with the requirements of
this Agreement;
(
b) There are no defects or deficiencies in the work except for items of
delayed completion which are minor or which are incomplete because
of weather conditions and, in any case, do not preclude or affect
occupancy;
(
c) The unit(s) has been rehabilitated or constructed and is in accordance
with applicable zoning, building, housing and other codes, ordinances
or regulations, as modified by any waiver obtained from appropriate
officials;
(
d) Any unit built prior to 1978 is in compliance with applicable HUD
Lead Based Paint regulations; and
(
e) If Labor Standards Requirements are applicable, the Owner ha s
c
omplied with the requirements of Sections 2.10 of this Agreement.
D. Review and Inspection.
1. A
fter receipt of the evidence of completion, DCHA agrees to review the evidence
of
completion for compliance with paragraph C of this section and, if applicable,
S
ection 2.10.
2. A
t DCHA’s option, a DCHA representative may inspect the unit(s) to be assisted
to determine that the work has been completed in accordance with the
r
equirements of this Agreement. If the inspection discloses defects or
deficiencies the inspector will report them to DCHA with sufficient detail and
information for purposes of this section. Notwithstanding the foregoing, prior to
e
ntering into a LTSC, DCHA will conduct an inspection of the units to determine
whether the units comply with Housing Quality Standards.
E. Acceptance. If DCHA determines from the review and inspection that all the work has
been completed in accordance with the requirements of this Agreement, the units(s) must
b
e accepted.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 7 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
F. Acceptance Where Defects or Deficiencies Reported. If the work is not acceptable, the
following shall apply:
1. I
f there are any items of delayed completion which are minor items or which are
incomplete because of weather conditions and in any case which do not preclude
or affect occupancy and all other requirements of the Agreement have been met,
t
he units(s) may be accepted. If the Owner fails to complete items specified in
writing by the appropriate governmental agency or DCHA requiring completions
within the agreed time period, DCHA may terminate the Agreement or the LTSC
or exercise other rights under the Agreement or the LTSC.
2. I
f other defects or deficiencies exist, DCHA shall determine whether and to what
extent the defects or deficiencies are correctable, whether the unit(s) will be
accep
ted after correction of defects or deficiencies, and the requirements and
pr
ocedures for such correction and acceptance. Furthermore, DCHA shall
determine whether lower initial Contract Rents shall be established, and whether
the term of the LTSC shall be reduced. The Owner shall be notified of DCHA’s
d
ecision.
G. Notification of Non-acceptance. If DCHA determines that, based on the review of the
evidence of completion and inspection, any unit is not accepted, the Owner shall be
promptly notified of this decision and the reasons.
H. Completion in Stages. Where completion in stages is provided for, the procedures of this
section shall apply to each stage.
1.7. Execution of Long Term Subsidy Contract.
A. Time and Execution. Upon acceptance of the units by DCHA, the Owner and DCHA
agree to execute the LTSC.
B. Completion in Stages. Where completion in stages is provided for, the number and types
of units in each stage, and the initial Contract Rents for such units, shall be separately
shown in Exhibit A of the LTSC for each stage. Upon acceptance of the first stage, the
Owner shall execute the LTSC and the signature block provided in the LTSC for that
stage. Upon acceptance of each subsequent stage, the Owner shall execute the signature
bl
ock provided in the LTSC for such stage.
C. Form of LTSC. The terms of the LTSC shall be as provided in Exhibit D of this
Agreement. There shall be no change in the terms of the LTSC other than as provided in
this Agreement. Prior to execution by the Owner, all blanks in the LTSC shall be
completed by DCHA.
D. Survival of Owner Obligations. Even after execution of the LTSC, the Owner shall
continue to be bound by all Owner obligations under the Agreement.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 8 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
1.8. Cooperation in Equal Opportunity Compliance and Other Reviews; Nondiscrimination.
A. Th
e Owner and DCHA agree to cooperate with the Government of the District of
Columbia in the conducting of any compliance reviews and complaint investigations
pursuant to civil rights statutes, Executive Orders, and all applicable laws, rules and
regulations.
B. In carrying out of the obligations under this Agreement, the Owner will not discriminate
against any employee or applicant for employment because of race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual orientation, gender
identity or expression, familial status, family responsibilities, matriculation, political
affiliation, genetic information, disability, source of income, and place of residence or
business.
C. The
Owner will take affirmative action to insure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual orientation, gender
identity or expression, familial status, family responsibilities, matriculation, political
affiliation, genetic information, disability, source of income, and place of residence or
business.
D. Suc
h action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.
E. Th
e Owner agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause. The Owner will in all solicitations or advertisements for
employees placed by or on behalf of the Owner state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, gender identity
or expression, familial status, family responsibilities, matriculation, political affiliation,
genetic information, disability, source of income, and place of residence or business.
F. The
Owner will incorporate the foregoing requirements of paragraphs B through E in all
of its contracts for Project work, except contracts for standard commercial supplies or
raw materials, and will require all of its contractors for such work to incorporate such
requirements in all subcontractors for project work.
1.9. DCHA and Owner Relations to Third Parties.
A. Selection and Performance of Contractor.
1. DCHA h
as not assumed and does not assume any responsibility or liability to the
Owner or any other party for the performance of any contractor, subcontractor, or
supplier, whether or not listed by DCHA as qualified contractor or supplier under
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 9 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
the Program. The selection of a contractor, subcontractor, or supplier for
performance of the work is the sole responsibility of the Owner, and DCHA has
no involvement in any relationship between the Owner and any contractor,
subcontractor or supplier.
2. T
he Owner must select a competent contractor to undertake the rehabilitation or
construction. The Owner agrees to require from each prospective contractor a
certification that neither the contractor nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
f
rom participation in contracts by the Comptroller General or any District
department or agency. The Owner agrees not to award contracts to, otherwise
e
ngage the services of, or fund any contractor that does not provide this
certification.
B. Injury Resulting from Work under the Agreement. DCHA has not assumed and does not
assume any responsibility for or liability to any person, including a worker or a resident,
w
ith respect to the unit undergoing work pursuant to this Agreement, injured as a result
of the work or as a result of any other action or failure to act by Owner, or any contractor,
s
ubcontractor or supplier.
C. Legal Relationship. The Owner is not the agent of DCHA, and this Agreement does not
create or affect any relationship between DCHA and any lender to the Owner or any
s
uppliers, employees, contractors or subcontractors used by the Owner in the
implementation of the Agreement.
D. Exclusion of Third Party Claims. Nothing in this Agreement shall be construed as
creating any right of any third party to enforce any provision of this Agreement or the
LTSC, or to assert any claims against the Government of the District of Columbia,
DCHA or the Owner under the Agreement or the LTSC.
E. Exclusion of Owner Claims Against District of Columbia. Nothing in this Agreement
shall be construed as creating any right of the Owner to assert any claim against the
G
overnment of the District of Columbia other than for the enforcement of this
Agreement.
1.10. Conflict of Interest.
A. Interest of Members, Officers, or Employees of DCHA, Members of Local Government
Body, or Other Public Officials. No present or former member or officer of DCHA
(except tenant-commissioners), no employee of DCHA who formulates policy or
influences decisions with respect to the LRSP or DCHA’s Housing Choice Voucher
Program, and no public official or member of a governing body or State or local
legislator who exercises functions or responsibilities or influences decisions with respect
to the LRSP, shall have any direct or indirect interest, during his or her tenure or for one
year thereafter, in this Agreement or the LTSC or in any proceeds or benefits arising from
the Agreement or LTSC.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 10 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
B. Disclosure. The Owner warrants that the Owner has disclosed to DCHA:
1. The
identity of the Owner, developer, builder, architect, management agent (and
other participants) and the names of officers and principal members,
shareholders, investors, and other parties having a substantial interest in this
Agreement or the LTSC or in any proceeds or benefits arising from the
Agreement or LTSC; and
2. Any pos
sible conflict of interest by any of these parties that would be a violation
of the Agreement or the LTSC.
T
he Owner shall fully and promptly update such disclosures.
1.11. Interest of Member or of Delegate to Congress.
No m
ember of or delegate to the Congress of the United States of America or resident
commissioner shall be admitted to any share or part of this Agreement or to any benefits which
may arise therefrom.
1.12. Assignment of the Agreement or LTSC or Interest in It.
A. Th
e Owner agrees that the Owner has not made and will not make any transfer in any
form, including any sale or assignment, of this Agreement or the LTSC or the property
without the prior written consent of DCHA. A change in ownership in the Owner, such
as a stock transfer or transfer of the interest of the investor member, is not subject to the
provisions of this section, except for such notice required in Section 1.12.C. Transfer of
the interest of a managing member of a limited liability company is subject to the
provisions of this Section 1.12.
Whe
re the Owner requests the consent of DCHA for a transfer in any form, including any
sale or assignment, of this Agreement or the LTSC or the property, DCHA will review
the transferee’s previous participation in the Housing Choice Voucher Program and the
LRSP, if any. DCHA will consent to a transfer of the Agreement or LTSC pursuant to
paragraph A of this section if DCHA deems the transferee acceptable and the transferee
agrees in writing (in a form acceptable to DCHA) to comply with all terms of the
Agreement and LTSC, and if the transferee is acceptable to DCHA. DCHA’s criteria for
acceptance of the transferee will be no more restrictive than the initial acceptance of any
Owner under the program at the time of Owner’s request.
B. If
an Owner proposes to pledge the Agreement or the LTSC as security for financing,
Owner shall obtain DCHA’s prior written consent of any assignment and submit all
financing documents to DCHA for review and approval. The loan documents submitted
shall contain no terms or requirements inconsistent with the Agreement or LTSC. Any
pledge of the Agreement or LTSC must be limited to the amounts payable under the
LTSC in accordance with the terms of the LTSC.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 11 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
C. Owner may make any sale, assignment, or transfer of a passive, non-controlling interest
in the ownership entity (such as a stock transfer or transfer of the interest of a limited
liability company or limited liability partner); provided that Owner provides written
n
otification to DCHA within five (5) days of such transfer of interest. For any sale,
assignment, or transfer of any ownership interest in any general partner or managing
m
ember of a limited liability company, Owner must obtain written consent from DCHA
prior to any transfer of interest in any general partner or managing member.
1.13. Owner Assurance to DCHA.
A. Disclosure of Other Government Assistance. The Owner shall disclose to DCHA
information regarding any related assistance from the Federal Government, a State, or a
unit of general local government, or any agency or instrumentality thereof that is made
av
ailable or is expected to be made available with respect to the Contract Units. Such
related assistance shall include, but not be limited to, any loan, grant, guarantee,
i
nsurance, payment, rebate, subsidy credit, tax benefit, or any other form of direct or
indirect assistance. Rental subsidy payments under the LTSC shall not be more than is
n
ecessary, as determined by DCHA in accordance with LRSP requirements, to provide
affordable housing after taking account of such related assistance. DCHA shall adjust in
accordance with LRSP requirements the amount of the housing assistance payments to
t
he Owner to compensate in whole or in part for such related assistance.
B. Rehabilitation or Construction Financing. The Owner agrees not to rehabilitate or
construct the units with assistance under the U.S. Housing Act of 1937 (e.g., public
housing, the rental rehabilitation program, housing, development grants, Sections 11(b)
tax exempt bonds, or other Section 8 programs) or the flexible subsidy program. The
Owner warrants that the units were not rehabilitated or constructed with assistance under
the U.S. Housing Act of 1937 in the five years before execution of this Agreement.
C. Ownership. The Owner warrants that the property to be rehabilitated or constructed under
this Agreement is not owned by DCHA, or an entity controlled by DCHA.
1.14. Other Federal and Local Requirements.
T
he Owner shall comply with and shall be subject to all applicable federal and local
requirements, including the following, where applicable:
A.
Executive Order 12432, Minority Business Enterprise Development, and Executive Order
12138, Creating a National Women’s Business Enterprise Policy.
B.
Executive Order 11625, Prescribing Additional Arrangements for Developing and
C
oordinating a National Program for Minority Business Enterprises.
C. D
istrict of Columbia Municipal Regulations – Title 4: Human Rights and Relations;
Chapter 11: Equal Employment Opportunity Requirements in Contracts.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 12 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
D. District of Columbia Municipal Regulations – Title 4: Human Rights and Relations;
Chapter 10: Housing and Commercial Space.
E. C
ode of Federal Regulations – Title 24: Housing and Urban Development; Part 24:
Government wide Debarment and Suspension (Non-procurement).
1.15. Lobbying Certifications.
T
he Owner hereby assures and certifies that:
A. N
o locally appropriated funds have been paid or will be paid, by or on behalf of the
Owner, to any person for influencing or attempting to influence an officer or employee of
DCHA or of any District agency, any public official, including the Mayor and his or her
Executive Staff or members of the Council of the District of Columbia in connection with
t
he awarding of any contract, grant or loan by the District or DCHA as the case may be,
t
he entering into of any cooperative agreement, and the extension, continuation, renewal,
a
mendment, or modification of any District or DCHA contract, grant, loan, or
cooperative agreement.
B. I
f any funds other than the District appropriated funds have been paid or will be paid to
a
ny person for influencing or attempting to influence an officer or employee of any
D
CHA or District agency, any public official, including the Mayor and his or her
Executive Staff or members of the Council of the District of Columbia in connection with
t
his District contract, grant, loan, or cooperative agreement, the Owner shall complete
a
nd submit standard form LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions.
C. T
he Owner shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
c
ontracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
T
his certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U
.S. Code (31 U.S.C. § 1352). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and of not more than $100,000 for
each such failure.
1.16. District Funding Availability.
O
wner hereby acknowledges and agrees that DCHA’s obligations under this ALTSC are subject
to the availability of sufficient appropriations from the District of Columbia.
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Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
1.17. Notices.
A
ny notices required herein shall be sent in writing to the appropriate party listed below. The
addresses set forth below may be changed by written notice to the other party.
If to Owner:
P
BS Property Holdings, LLC
C/o Kennedy Gardens Apts
145 Kennedy Street, NW
Washington, DC 20011
Attn: Kennedy Barnes, Authorized Agent
With a copy to:
A
ttn:
If to DCHA:
D
istrict of Columbia Housing Authority
300 7TH Street, SW, Tenth Floor
Washington, DC 20024
Attn: Sr. Vice President, Housing Choice Voucher Program (HCVP)
With a copy to:
District of Columbia Housing Authority
Office of the General Counsel
300 7th Street, SW, Tenth Floor
Washington, DC 20002
1.18. LRSP Requirements.
T
he Agreement and Contract shall be interpreted and implemented in accordance with all rules,
regulations and laws applicable to the LRSP.
1.19. Termination of Contract by DCHA.
Th
is Agreement or the LTSC can be terminated upon at least 30 days written notice to the Owner
by DCHA if DCHA determines that the Contract Units were not selected in accordance with
DCHA’s LRSP-approved written selection policy or that the Contract Units were not eligible for
selection in conformity with LRSP requirements.
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Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
1.20. Reserved.
1.21. Counterparts.
T
his Agreement to Enter into Long Term Subsidy Contract may be executed in counterparts, each
of which shall be an original, but all of which shall constitute one agreement.
1.22. Entire Agreement.
T
his Agreement, including the exhibits, constitutes the entire agreement between DCHA and the
Owner relating to the agreement to enter into a LTSC. No changes to this Agreement may be
made except in writing signed by both the Owner and DCHA.
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Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority (DCHA)
LONG TERM SUBSIDY Local Rent Supplement Program (LRSP)
CONTRACT
IN WITNESS WHEREOF, the Owner and DCHA have caused this Agreement to Enter into
Long Term Subsidy Contract to be executed and attested by their respective duly authorized
representatives.
O
WNER:
P
BS PROPERTY HOLDINGS, LLC,
a District of Columbia limited liability company
B
y: PBS Development LLC,
a District of Columbia limited liability company
B
y: Left on Founders, Inc.,
a District of Columbia non-profit corporation
By:
Name: Chris V. Rey
Title: President
DI
STRICT OF COLUMBIA HOUSING AUTHORITY
By: _______________________________
Name: Keith Pettigrew
Title: Executive Director
D
ate:_____________________________
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 16 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority
LONG TERM SUBSIDY Local Rent Supplement Program
CONTRACT
CONTRACT NO: 2025-ALRSP-04A
Pro
ject Name:
Kennedy Gardens Apartments
145 Kennedy Street NW, Washington, DC 20011
D
istrict of Columbia Housing Authority
Local Rent Supplement Program
Project-Based Assistance
P
ART II OF THE
AGREEMENT TO ENTER INTO LONG TERM SUBSIDY CONTRACT
2.1. Training, Employment, Contracting Opportunities for Businesses and Equal Employment
opportunities.
A. Each contract for goods and services, including construction contracts, except
construction subcontracts for standard commercial supplies or raw materials, shall
include as express contractual provisions the language contained in sections 1103.2
through 1103.10 in Chapter 11 of Title 4 of the District of Columbia Municipal
Regulations (4 DCMR §§ 1103.2-1103.10).
B. The contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, family responsibilities, matriculation, political affiliation,
or physical handicap.
T
he following language must be included in each contract:
“
EMPLOYMENT OF CONTRACTORS
A. The work to be performed under this Contract is on a project assisted under a
program providing direct local financial assistance from the District of Columbia
and is subject to the requirements of Chapter 11 of Title 4 of the Code of District
of Columbia Municipal Regulations (“DCMR”). 4 DCMR § 1100 requires that,
to
the greatest extent feasible, opportunities for training and employment be
given to individuals without regard to their race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, family
responsibilities, matriculation, political affiliation, or physical handicap.
B. T
he parties to this Contract will comply with the provisions of 4 DCMR § 1100
a
nd the regulations issued by the District of Columbia, and all applicable rules,
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Local Rent Supplement Program (LRSP)
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regulations, and requirements under the LRSP issued thereunder prior to the
execution of the Agreement. The parties to this Contract certify and agree that
they are under no contractual or other disability which would prevent them from
complying with these requirements.
C. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contracting Agency,
setting forth the provisions in 4 DCMR §§ 1103.2 and 1103.3 concerning non-
discrimination and affirmative action. The contractor shall, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment pursuant to the
non-discrimination requirements set forth in 4 DCMR § 1103.2.
The contractor agrees to send to each labor union or representative of workers
with which it has a collective bargaining agreement, or other contract or
understanding, a notice to be provided by the Contracting Agency, advising each
labor union or workers' representative of the contractor's commitments under this
chapter, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
D. The contractor agrees to permit access to all books, records, and accounts,
pertaining to its employment practices, by the Director and the Contracting
Agency for purposes of investigation to ascertain compliance with this chapter,
and to require under terms of any subcontractor agreement each subcontractor to
permit access of the subcontractors, books, records, and accounts for such
purposes. The contractor agrees to comply with the provisions of this chapter and
with all guidelines for equal employment opportunity applicable in the District of
Columbia adopted by the Director, or any authorized official. The prime
contractor shall include in every subcontract the equal opportunity clauses, 4
DCMR §§ 1103.2 through 1103.10 of this section, so that these provisions shall
be binding upon each subcontractor or vendor.
E. The prime contractor shall take action with respect to any subcontract as the
Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; Provided, that in the event the prime
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency,
the prime contractor may request the District to enter into such litigation to
protect the interest of the District.”
2.2. Equal Employment Opportunity.
A. Each apparent low bidder for a construction contract shall complete and submit to the
Contracting Agency, prior to the execution of any contract in the amount of twenty-five
thousand dollars ($25,000) or more, and each contractor covered under 4 DCMR
§ 1105.1, an Affirmative Action Program to ensure equal opportunity which shall include
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Local Rent Supplement Program (LRSP)
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specific standards for the utilization of minorities and women in the trades, crafts and
skills to be used by the contractor in the performance of the contract.
B. Each apparent low bidder or offeror for a non-construction contract shall complete and
submit to the Contracting Agency, prior to the execution of any contract in the amount of
ten thousand dollars ($10,000) or more, and each contractor covered under 4 DCMR
§ 1105.2, an Affirmative Action Program to ensure equal opportunity which shall include
specific standards for the utilization of minorities in the job categories specified in 4
DCMR § 1108.4.
C. To ensure equal opportunity each Affirmative Action Program shall include the following
commitments:
1. With respect to construction contracts, each contractor shall certify that it will
comply with the provisions of Chapter 11, Title 4 of the District of Columbia
Municipal Regulations and submit a personnel utilization schedule for all the
trades the contractor is to utilize, indicating the actual numbers of minority and
female workers that are expected to be a part of the workforce performing under
the contract; and
2. With respect to non- construction contracts, each contractor shall certify that it
will comply with the provisions of Chapter 11, and shall submit a personnel
utilization schedule indicating by craft and skill, the minority composition of the
workforce related to the performance of the work under the contract. The
schedule shall include all workers located in the facility from which the goods
and services are produced and shall include the same information for other
facilities which have a significant relationship to the performance work under the
contract.
D. T
he Owner shall further comply with all other provisions found in Chapter 11, Title 4 of
the District of Columbia Municipal Regulations. The Owner agrees to be bound by the
Equal Opportunity clause below with respect to his or her own employment practices
w
hen participating in locally assisted construction work.
E. Equal Opportunity Clause.
1. T
he Owner shall include in every contract and subcontract the equal opportunity
cl
auses of 4 DCMR §§ 1103.2-1103.10 to bind the provisions upon each
c
ontractor, subcontractor, or vendor. The following language must be included in
each
contract or subcontract of this project:
“
EQUAL EMPLOYMENT OPPORTUNITY
D
uring the performance of this contract, the contractor agrees as follows:
(
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, sex, age, marital
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Local Rent Supplement Program (LRSP)
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status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap.
T
he contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, family responsibilities, matriculation, political
affiliation, or physical handicap. Such action shall include, but not limited to, the
following: employment; upgrading; transfer; recruitment or recruitment
advertising; demotion; layoffs; termination; rates of pay or other forms of
compensation; and selection for training and apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of Chapter 11, Title 4 of the
District of Columbia Municipal Regulations.
(
2) The contractor will, in all solicitations or advertisements for employees place d by
o
r on behalf of the contractor, state that all qualified applicants will receive
c
onsideration for employment without regard to race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, family
r
esponsibilities, matriculation, political affiliation, or physical handicap.
(
3) The contractor will send to each labor union or representative of workers wit h
w
hich the contractor has a collective bargaining agreements or other contract or
understanding, a notice to be provided by or at the direction of the Contract
Agency advising the labor union or workers representative of the contractor’s
commitments under this section, and shall post copies of the notice in
co
nspicuous places available to employees and applicants for employment.
(
4) The contractor agrees to comply with the provisions of Chapter 11, Title 4 of the
District of Columbia Municipal Regulations (4 DCMR §§ 1100, et seq.) and with
a
ll guidelines for equal employment opportunity applicable in the District of
Columbia adopted by the Director, or any authorized official.
(
5) The contractor agrees to permit access to all books, records, and accounts ,
pe
rtaining to its employment practices, by the Director and the Contracting
A
gency for purposes of investigation to ascertain compliance Chapter 11, Title 4
o
f the District of Columbia Municipal Regulations, and to require under terms of
any subcontractor agreement each subcontractor to permit access of the
s
ubcontractors, books, records, and accounts for such purposes.
(6) The prime contractor shall include in every subcontract the equal opportunit y
clauses, 4 DCMR §§ 1103.2-1103.10, so that these provisions shall be binding
upon each subcontractor or vendor.
I
n the event of the contractor’s noncompliance with the Equal Opportunity
clauses of this contract or with any of the rules, regulations, or rights of the Local
Rent Supplement Program (“LRSP”), the contract may be canceled, terminated,
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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or suspended in whole or in part and the contractor may be declared ineligible for
further contracts, and such other sanctions as may be imported and remedies
invoked, or by rule, regulation, and rights of the LRSP or as otherwise provided
by District law.

(7) The prime contractor shall take action with respect to any subcontract as the
Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; provided, that in the event the prime
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency,
the prime contractor may request the District to enter into such litigation to
protect the interest of the District.

The contractor will include the portion of the sentence immediately preceding
Paragraph (1) and the provision of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by the rules, regulations, and
rights of the LRSP, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the District of Columbia Government may direct
as a means of enforcing such provisions including sanctions for noncompliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the District of Columbia Government, the contractor may request the
District to enter into such litigation to protect the interest of the District.”

2. The Owner agrees to be bound by the above Equal Opportunity clause with respect to his
or her own employment practices when participating in locally assisted construction
work.

F. The Owner agrees to assist and cooperate actively with DCHA and the District of
Columbia in obtaining the compliance of contractors and subcontractors with the Equal
Opportunity clause and the rules, regulations, rights and relevant regulations of the
District of Columbia, to furnish DCHA and the Government of the District of Columbia
such information as they may require for the supervision of such compliance, and to
otherwise assist DCHA in the discharge of DCHA’s primary responsibility for securing
compliance.

G. The Owner further agrees to refrain from entering into any contract or contract
modification with a contractor debarred from, or who has not demonstrated eligibility for,
District of Columbia Government contracts and federally assisted construction contracts
pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the Equal Opportunity clause as may be imposed upon contractors and
subcontractors by DCHA or the District of Columbia. In addition, if the Owner fails or
refuses to comply with these undertakings, DCHA may take any or all of the following
actions; cancel, terminate, or suspend in whole or in party this Agreement; refrain from
extending any further assistance to the Owner under the LRSP with respect to which the
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 21 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
failure or refusal occurred until satisfactory assurance of future compliance has been
received from the Owner, and refer the case for appropriate legal proceedings.
2.3. Clean Air Act and Federal Water Pollution Control Act.
In compliance with regulations issued by the Environmental Protection Agency (EPA), 40 CFR,
pt. 15, pursuant to the Clean Air Act, amended (“Air Act”), 42 U.S.C. §§ 7401, et seq., the
Federal Water Pollution Control Act, as amended (“Clean Water Act”), 33 U.S.C. §§ 1251, et
seq., and Executive Order 11738, the Owner agrees to:
(
a) Not utilize any facility in the performance of this Agreement or any subcontract which
i
s listed on the EPA list of Violating Facilities pursuant to Part 15 of the regulations for
the duration of time that the facility remains on the list;
(
b) Promptly notify DCHA if a facility the Owner intends to use in the performance of this
Agreement is on the EPA List of Violating Facilities or the Owner knows that it has
been recommended to be placed on the List;
(
c) Comply with all requirements of the Air Act and the Water Act, including the
requirements of Section 114 of the Air Act and Section 308 of the Clean Water Act,
and all applicable clean air standards and clear water standards; and
(
d) Include or cause to be included the provisions of this section in every subcontract, and
t
ake such action as HUD may direct as a means of enforcing such provisions.
2.4. HUD-FEDERAL LABOR STANDARDS PROVISIONS.
T
he Owner is responsible for inserting the entire text of Sections 2.4(a) and (b) of this Agreement
in all construction contracts. If the Owner performs any rehabilitation work on the project, the
Owner must comply with all provisions of Section 2.4(a) and (b).
(a) General .
(1) Minimum Wages.
(i) A ll laborers and mechanics employed or working upon the site of the work (o r
unde
r the United States Housing Act of 1937 or under the Housing Act of 1949
i
n the construction or development of the project), will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the
full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made
ap
art hereof regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
1(
b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics are considered wages paid to such
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Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
laborers or mechanic, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also
regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
S
uch laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein; Provided, That the employer’s payroll records accurately set
forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed
under 29 CFR § 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be
posted at all time by the contractor and its subcontractors at the site of the work
in a prominent and accessible place where it can be easily seen by the workers.
(
ii)
(A) Any class of laborers or mechanics which is not listed in the wage
de
termination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The U.S.
D
epartment of Housing and Urban Development (“HUD”) or the
appropriate District agency shall approve an additional classification and
w
age rate and fringe benefits therefore only when the following criteria
have been met:
(
1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(
2) The classification is utilized in the area by the construction industry;
and
(
3) The proposed wage rate, including any bona fide fringe benefits ,
b
ears a reasonable relationship to the wage rates contained in the
wage determination.
(
B) If the contractor and the laborers and mechanics to be employed in the
classification (if known) or their representatives, and HUD or the
appropriate District agency agree on the classification and wage rate
(
including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an unauthorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt
and so advise HUD or the appropriate District agency will notify HUD or
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
the appropriate District agency within the 30-day period that additional time
is necessary. (Approved by the Office of Management and Budget under
OMB control number 1215-0140).
(
C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representative, and HUD or the appropriate District
ag
ency do not agree on the proposed classification and wage rate (including
t
he amount designated for fringe benefits, where appropriate), HUD or the
appropriate District agency shall refer the questions, including the views of
all interested parties and the recommendation of HUD or its designee, to the
Administrator or determination. The Administrator, or an authorized
representative, will issue a determination within the 30 days receipt and so
advice or its designee or will notify HUD or the appropriate District agency
within 30-day period that additional time is necessary. (Approved by the
Office of Management and Budget under OMB Control Number 1215-
0140).
(
D) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1)(B) or (C) of this paragraph, shall be paid to
a
ll workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
(
iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage
de
terminations or shall pay a bona fide fringe benefit or an hourly equivalent
thereof.
(
iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the
a
mount of any costs reasonably anticipated in providing bona fide fringe benefits
unde
r a plan or program, provided, that the Secretary of Labor has found, upon
t
he written request of the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may require the contractor set
aside in a separate account assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140).
(2) Withholding. HUD or the appropriate District agency shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the contractors under this contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract subject
to Davis-Beacon prevailing wage requirements, which is held by the same prime
co
ntractor so much of the accrued payments or advances as may be considered necessary
to pay laborers and mechanics, including apprentices, trainees and helpers, employed by
t
he contractor or any subcontractor the fun amount of wages required by the contract. In
t
he event of failure to pay any laborer or mechanic, including any apprentice, trainee or
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Local Rent Supplement Program (LRSP)
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helper, employed or working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of wages required by the contract, HUD or the appropriate District
agency may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased. HUD or the appropriate District
agency may, after written notice to the contractor, disburse such amounts withheld for
and on account of the contractor or subcontractor to the respective employees to whom
they are due. The Comptroller General shall make such disbursements in the case of
direct Davis-Bacon Art contracts.

(3) Payrolls and basic records.
(i) Payroll and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the
name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in the Section 1(b)(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in Section
1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefit is enforceable, that the plan or
program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017).
(ii)
(A) The contractor shall submit weekly for each week in which any contract
work is performed a copy of all payrolls to HUD or the appropriate District
agency if the agency is a party to the contract, but if the agency is not such a
party, the contractor will submit the payrolls to the applicant, sponsor, or
owner, as the case may be, for transmission to HUD or the appropriate
District agency. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i). This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
00014-1), U.S. Government Printing Office, Washington DC 20402. The
prime contractor is responsible for the submission of copies of payrolls by
all subcontractors. (Approved by the Officer of Management and Budget
under OMB Control Number 12150149).

(B) Each payroll submitted shall be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor or his or agent who
pays or supervises the payment of the persons employed under the contract
and shall certify the following:

(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either
directly or indirectly from the fun wages earned, other than
permissible deductions as set forth in 29 CFR Part 3; and

(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or case equivalent for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the
reverse side of the Optional Form WH-347 shall satisfy the requirement for
submission of the “Statement of Compliance” required by paragraph
(a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii) The Contractor or subcontractor shall make the records required under paragraph
(a)(3(i) of this section available for inspection, copying, or transcription by
authorized representatives of DCHA, or its designee, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, DCHA or its designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the
suspicion of any further payment, advance or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.

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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
(4) Apprentice and Trainees.

(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate of the wage determination for the classification of work
actually performed. Where a contractor is performing construction on a project
in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman’s hourly rate) specified in the
contractor’s or subcontractor’s registered program shall be observed. Every
Apprentice must be paid at not less than the rate specified in the registered
program for the apprentice’s level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid hinge benefits in accordance with provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less
than the Applicable predetermined rate for the work performed until an
acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job shall not be greater than permitted under the
plan approved by the Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved program for the
trainee’s level of progress, expressed as percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 27 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices.
Any Employee listed on the payroll at a trainee rate that is not registered and
participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In the event the
Employment and Training Administration withdraws approval of a program. The
contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended and 29 CFR,
Part 30.

(5) Compliance with Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR, Part 3 which are incorporated by references in this contract.

(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in sections 2.4(a)(1) through (10) and such other clauses as HUD or the
appropriate District agency may by appropriate instructions require, and also a clause
requiring the subcontractor to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all the contract clauses in this section 2.4(a).

(7) Contract terminations debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.

(8) Compliance with David-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and related acts contained in 29 CFR, Parts 1, 3 and 5
are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards. Disputes Arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its subcontractors) and
HUD or the appropriate District agency, the U.S. Department of labor, or the employees
or their repetitive.

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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)

(10) Certification of Eligibility.

(i) By entering into this contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the contractor’s firm is a
person or firm ineligible to be awarded Government contracts by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD Contracts or Participate in HUD
programs pursuant to 24 CFR Part 24.

(iii) The penalties off making false statements are prescribed in the U.S. Criminal
Code, 18 U.S.C.1001. Additionally, U.S. Criminal Code, Section 1010, Title 18,
U.S.C., “Federal Housing Administration transactions”, provides in part:
“Whoever, for the purpose of influencing in any way the action of such
Administration makes, utters or publishes any statement, knowing the same to be
false shall be fined not more than $5,000 or imprisoned not more than two years,
or both.”

(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms
“laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty (40) hours in such work week unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.

(2) Violation; Liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set in subparagraph (1) of this paragraph, the contractor and any
subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia r a territory, to such District or such territory),
for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in subparagraph (1) of this paragraph.

(3) Withholding for unpaid wages and liquidated damages. HUD or the appropriate District
agency shall upon its own action or upon written request of an authorized representative
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 29 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
of the Department of Labor withhold or cause to be withheld, from any monies payable
on account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clause
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower ties subcontracts. The prime
c
ontractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
2.5-2.7. RESERVED.
2.8. WAGE CLAIMS AND ADJUSTMENTS.
T
he Owner shall be responsible for the correction of all violations under Section 2.4, including
violations committed by the contractors. In cases where there is evidence of underpayment of
salaries or wages to any laborers or mechanics (including apprentices and trainees) by the Owner
or other contractor, or a failure by the Owner to otherwise comply with Section 2.4, the Owner
shall be required to place an amount in escrow, as determined by HUD sufficient to pay persons
employed on the work covered by the Agreement the difference between the salaries or wages
actually paid such employees for the total number of hours worked and the full amount of wages
required under this Agreement, as well as an amount determined by HUD to be sufficient to
satisfy any liability of the Owner or other contractor for liquidated damages pursuant to Section
2.4. The amount withheld may be distributed by HUD for and on account of the Owner or other
contractor to the respective employees to whom they are due, and to the Federal Government in
satisfaction of liquidated damages under Section 2.4.
2.9. RESERVED.
2.10. EVIDENCE OF UNIT(S) COMPLETION: ESCROW.
A. T
he Owner shall evidence the completion of the unit(s) by furnishing DCHA in addition
t
o the requirements listed in Section 1.6 of this Agreement, a certification of compliance
with provisions of Sections 2.4 and 2.8 of this Agreement, and that to the best of the
Owner’s knowledge and belief there are no claims of underpayment to laborers or
mechanics in alleged Violation of these provisions of the Agreement. In the event there
are any such pending claims to the knowledge of the Owner, or DCHA, the Owner will
place a sufficient amount in escrow, as directed by the Owner, to assure such payments.
B. T
he escrows required under Section 2.8 and 2.10 shall be paid to DCHA, as escrowee, or
to an escrowee designated and approved by DCHA.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 30 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
2.11. FLOOD INSURANCE.
I
f the project is located in an area that has been identified by the Federal Emergency Management
Agency as an area having special flood hazards and if the sale of flood insurance has been made
available under the National Flood Insurance Program, the Owner agrees that the project will be
covered, during its anticipated economics or useful life, by flood insurance in an amount at least
equal to its development or project cost (less estimated land cost) or to the limit of coverage made
available with respect to the particular type of property under the National Flood Insurance Act of
1968, whichever is less.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 31 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
E XHIBIT A
OWNER’S APPLICATION
ON FILE WITH DCHA
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Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
EXHIBIT B
DESCRIPTION OF WORK
Kennedy Street Gardens (the "Project”) is the new construction of 36 units of affordable rental
housing and 5,546 square feet of commercial space located at 145 Kennedy Street, NW . The Project will
recast the headquarters of one of the nation’s most prestigious historic black fraternities, Phi Beta Sigma.
The headquarters, located in Ward 4 will become a pillar of the community, hosting community meetings,
fraternity gatherings and reunions and housing essential DC residents. The Project is a furtherance of Phi
Beta Sigma’s mission, to effectively embody a culture for service and service for humanity.
The project will be a mixed use affordable housing and commercial office site located in one of
Washington D.C.’s most prestigious neighborhoods (Priority Area). Residents and tenants alike will have
access to a number of neighborhood amenities and one of the City’s best school districts. The
Owner/Borrowing Entity of this property will be a Phi Beta Sigma Inc, LLC through a subsidiary PBS
Property Holdings LLC (the “Owner”). The Developer commits to executing a covenant ensuring that
this project remains affordable forever.
The Owner will utilize a combination of Low-Income Housing Tax Credits (LIHTC) equity, bank or tax-
exempt bond debt, DHCD loans, deferred developer fee, and net operating income to finance the roughly
$35MM development budget. The project will provide a substantial investment and create new, high
quality affordable housing units in an underserved area of Washington, DC, and in a neighborhood, which
has seen significant investment by DHCD in recent years. This investment will further contribute to the
change catalyzed by DHCD through the other affordable properties in the neighborhood.
The unit mix calls for (1) one studio unit, nineteen (19) one bedroom units, six (6) two bedroom units and
ten (10) three bedroom units. Fifteen percent (15%) of the units will be fully accessible, meeting the full
Uniform Federal Accessibility Standards (UFAS) requirements as well as Type A requirements. Eight of
the three bedroom units will be reserved for permanent supportive housing. The Permanent Supportive
Housing units will be managed by an experienced and respected local non-profit organization,
Community Connections of DC (“CCDC”), who has extensive experience providing intergenerational
resident supportive services and the requisite community connection to ensure a project that is beloved by
both it’s residents and the surrounding community.
Our project will leverage its extensive amenity space, to foster engagement between the resident families
and seniors. Community Rooms and Gathering Spaces, complete with kitchenettes, will be available to
the residents and their guests on the sixth floor. The sixth-floor community space will also have an
exterior patio and grill with incredible views of Washington D.C. Each design decision was done with
the wellbeing of our residents in mind.
The ground floor will house the Phi Beta Sigma headquarters and Museum. The Project will create both a
seat of business for the Fraternity and a unique cultural institution that will drive diverse tourism to the
site.
The Project has been designed to meet the Passive House Requirements. One of the required design
components of achieving this certification is the inclusion of solar arrays. The development team plans to
pursue energy financing and any additional financing sources available will be used to reduce the DHCD
loan amount.
In addition to Phi Beta Sigma, the project will be developed by Legacy Real Estate Development LLC,
(“Legacy”) is a Certified Business Enterprise Affordable Housing Developer based in Washington D.C.
founded by Donahue Peebles, III. Legacy is quickly growing a national presence with projects in various
stages of development in Washington D.C., Wisconsin, and California. Recently Legacy has commenced
construction on 41 units of affordable housing in Congress Heights at 17 Mississippi Ave SE and has
been selected to develop 75 additional units at 737 50th Street NE in Deanwood.
Additional members of the development team include seasoned DC affordable housing players such as
Hamel Builders, Inc. of Washington D.C. as the General Contractor, Michael Graves Architecture, as the
architect of record, Gateway Management as the management agent and Mutreja Development LLC as
the Development Consultant.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
EXHIBIT C
C
ONTRACT UNITS
UPDATED Exhibit - A/C
Project Name : Kennedy Street Gardens Apts.
Project Address: 145 Kennedy Street NW, Washington, D.C. 20011 Date: 6/16/2025
No. Unit No. No. of
Bedrooms
Proposed
for LRSP
subidy
Yes/No
Occupied
Yes/No
Approved
Unit Contract
Rent
Esimtated Tenant
Portion of Rent,
Max 30% of income
Other Rental
Subsidy
Amount (if
applicable)
LRSP Subsidy
Amount
UFAS
Yes/No
29. TBD 3 Yes No 2,662.00$ 0 N/A TBD Yes
30. TBD 3 Yes No 2,662.00$ 0 N/A TBD No
31. TBD 3 Yes No 2,662.00$ 0 N/A TBD No
32. TBD 3 Yes No 2,662.00$ 0 N/A TBD No
33. TBD 3 Yes No 2,662.00$ 0 N/A TBD No
34. TBD 3 Yes No 2,662.00$ 0 N/A TBD No
35. TBD 3 Yes No 2,662.00$ 0 N/A TBD No
36. TBD 3 Yes No 2,662.00$ 0 N/A TBD No
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 34 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
E XHIBIT D
LTSC
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Local Rent Supplement Program (LRSP)
Page 35 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
District of Columbia Housing Authority
Local Rent Supplement Program (LRSP)
Long Term Subsidy Contract (LTSC)
Contract No. 2025-L RSP-04L
LONG TERM SUBSIDY CONTRACT (LTSC)
T
his Long Term Subsidy Contract (“Contract” or “LTSC”) is entered into between the
District of Columbia Housing Authority (“DCHA”) , and PBS Property Holdings, LLC
(“Owner”).
R
ecitals
T
his Agreement is entered into pursuant to the Local Rent Supplement Program (“LRSP”)
established by DCHA pursuant to Title II of the Fiscal Year 2007 Budget Support Emergency Act
of 2006, effective August 8, 2006 (D.C. Act A16-0476; 53 DCR 7068), which is the D.C. Housing
Authority Rent Supplement Act of 2006, as amended or as provided in subsequent appropriation
authority of the District of Columbia.
T
he LRSP has been established to provide residents of the District of Columbia, project -
based rental subsidy for families whose gross income initially does not exceed 30% of the area
median income, as adjusted for household size. As set forth in the Agreement to Enter Into a Long
Term Subsidy Contract, the Owner has completed the work to DCHA’s satisfaction on the unit(s).
Now therefore, the Owner and DCHA will enter into a Project Based Long Term Subsidy Contract
(“LTSC”), which will allow the Owner to receive housing assistance payments from the DCHA
for such units so that they may afford to rent the unit(s) to eligible families, with the following
terms and conditions.
1. G
eneral Provisions
1.1. Contract Information and Description of Property.
A. Parties. The parties to this Long Term Subsidy Contract (“Contract” or “LTSC”) are
the District of Columbia Housing Authority (“DCHA”) and PBS Property Holdings,
LLC (“Owner”).
B. Property Name: Kennedy Gardens Apartments
C. Property Address: 145 Kennedy Street NW
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Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
Washington DC 20011
D. Contents of the Contract : This is a LTSC between DCHA and the Owner for Project -
Based Assistance under the Local Rent Supplement Program (“LRSP”), as defined below
in Section 2. The LTSC consist of this contract and the following exhibits:
E
xhibit A: Description of Contract Units
Number of Units by Unit Size (Number of Bedrooms): 8 Units
A
ddress, and applicable initial contract rent for each Contract Unit
E
xhibit B: Services Related to the Property, Maintenance and Utilities
E
xhibit C: Basic Business License
E
xhibit D: Certificate of Occupancy
1.2. Effective Date of LTSC.
1.2.1. S
ingle Stage Project – [ ] YES [ ] NO
A
. Effective Date of LTSC for single-stage project: ________________________
B.
For all contract units, the effective date of the LTSC is:
____________________
1.2.2. M
ulti-Stage Project – [ ] YES [ ] NO
A
. Effective date of LTSC for multi-stage _________________________
B. A
nniversary date of LTSC for multi-stage project
________________________
C. T
he anniversary date of the LTSC for all Contract Units in this multi -stage
project is the anniversary date of the effective date of the LTSC Units included in
the first stage.
1.3. Term of LTSC.
1.3.1. Beginning Term : ______________________________
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Local Rent Supplement Program (LRSP)
Page 37 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
1.3.2. Length of Initial Term : 20 years
A. T
he length of the initial term of the LTSC for any unit is twenty (20) years,
subject to availability, as determined by DCHA in accordance with the rules
and regulations, applicable to the LRSP, of sufficient appropriated funds
from the District of Columbia to make Rental Subsidy Payments (as defined
in Section 2 below) in accordance with the LTSC and compliance by Owner
with the terms of this LTSC and the rules, regulations and laws applicable
to the LRSP.
B. A
fter the expiration of the initial term, Owner may request in writing that
DCHA grant subsequent renewals of the term of the LTSC.
C. If s
ufficient appropriated funds are not available at any time during the term
of this LTSC, DCHA may terminate the LTSC upon thirty (30) days written
notice to the Owner.
D. R
enewal of the LTSC is subject to the availability of funds from the District
of Columbia and the Owner’s compliance with the terms of this LTSC and
all applicable laws, rules and regulations.
1.4. Occupancy and Payment.
1.4.1. Payment for Occupied Unit(s).
A. D
CHA makes Rental Subsidy Payments to the Owner for the months during
which a Contract Unit is leased and occupied by a Family during the term
of the LTSC.
B. E
xcept for vacancy payments as provided in Section 1.4.2, if a Family
moves out of the Contract Unit, the DCHA will not make any Rental
Subsidy Payments to the Owner for any month after the month when the
Family moves out.
1.4.2. Vacancy Payment.
A. I
f a Family vacates the Contract Unit leased and occupied by the Family,
DCHA agrees to continue Rental Subsidy Payments to the Owner for a
vacancy period of up to sixty (60) days from commencement of the vacancy,
if:
i. T
he Owner gives DCHA prompt written notice within three (3)
business days of the vacancy;
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Local Rent Supplement Program (LRSP)
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[Kennedy Gardens Apts] (145 Kennedy Street, NW)
ii. T
he vacancy is not the fault of the Owner; and
iii. T
he Owner has taken every reasonable action to minimize the
likelihood and length of vacancy and provides DCHA written
documentation evidencing the same.
B. I
f a Contract Unit remains vacant for one hundred twenty (120) days from
the first day of the month in which the Contract Unit became vacant, DCHA
may remove the Contract Unit from the LTSC with the Owner and reduce
the LTSC in an amount equivalent to the remaining months of subsidy
attributable to the vacant Contract Unit. DCHA will notify the Owner that
the number of Contract Units covered will be reduced and that the Rental
Subsidy Payments associated with the vacant Contract Unit will be reduced.
1.5. Damage or Debt to Owner.
D
CHA is not responsible for any damage(s), any debt(s), or any other amounts owed by
the Family to Owner. Except as provided in Section 1.4.2. (Occupancy and Payment)
above, DCHA will not make any other payment to the Owner under this LTSC. Owner
understands, acknowledges, and agrees that DCHA will not be responsible for and will not
make any payment to Owner for any damages to the Contract Unit, or for any other
amounts owed by a Family under the Family’s lease.
1.6. Extremely Low Income Household Requirement.
A. D
CHA will make Rental Subsidy Payments under the LTSC for up to 100%
of the Contract Units per building pursuant to the LRSP requirements.
B. D
CHA and Owner agree that all of the Contract Units covered by this LTSC
are designated for occupancy by Extremely Low Income Households as
determined as of the Family’s initial occupancy of the Contract Units.
1.7.
[Reserved]
2. D
efinitions
A
greement. Agreement to Enter into Long Term Subsidy Contract (ALTSC) between the Owner
and DCHA which provides that following new construction or rehabilitation of the Contract Units
by the Owner in accordance with the terms and conditions of the ALTSC, DCHA and Owner will
enter into the LTSC.
A
rea Median Income (AMI). The Area Median Income shall mean the following:
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
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Local Rent Supplement Program (LRSP)
Page 39 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)

A. For a household of 4 persons, the area median income for a household of 4 persons in
the Washington Metropolitan Statistical Areas as set forth in the periodic calculation
provided by the United States Department of Housing and Urban Development;
B. For a household of 3 persons, 90% of the area median income for a household of 4
persons;
C. For a household of 2 persons, 80% of the area median income for a household of 4
persons;
D. For a household of 1 person, 70% of the area median income for a household of 4
persons; or
E. For a household of more than 4 persons, the area median income for a household of 4
persons, increased by 10% of the area median income for a Family of 4 persons for
each household member exceeding 4 persons (e.g. the area median income for a Family
of 5 shall be 110% of the area median income for a Family of 4; the area median income
for a household of 6 shall be 120% of the area median income for a Family of 4).

Contract Rent. Contract Rent shall mean the amount of rent for the Contract Unit as set forth in
Exhibit A attached to this LTSC.

Contract Units. The housing units covered by this LTSC as described in Exhibit A.

DCHA. District of Columbia Housing Authority, the agency that has entered into this LTSC with
the Owner. The agency is a public housing agency as defined in the United States Housing Act of
1937 (42 U.S.C. § 1437a(b)(6)).

Extremely Low Income Household. A Family whose gross income does not exceed 30% of the
Area Median Income, as adjusted for size of household.

Family. Eligible person or persons approved by the DCHA to reside in a Contract Unit with
assistance under the Program.

Housing Quality Standards (HQS). The minimum quality standards as set forth in 24 CFR
§ 982.401 for Contract Units occupied by Famili es receiving tenant -based, project -based, or
sponsor-based assistance under the Local Rent Supplement Program.

LRSP. Local Rent Supplement Program.

LTSC. This long term subsidy contract which is a long term rental subsidy payments contract
between DCHA and the Owner of the building containing Contract Units which are covered by
the LRSP rental subsidy. The LTSC consists of the contract and the exhibits referenced in Section
1.1.

Owner. The owner for whom Project-Based Assistance is being provided under this LTSC.
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 40 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)

Premises. The building or complex in which a Contract Unit is located, including common areas
or grounds.

Principal or Interested Party. A management agent and other person or entities participating in
project management, and the officers, principal members, shareholders, investors, and other parties
having a substantial interest in the Agreement or the LTSC, or in any proceeds or benefits arising
from the Agreement or LTSC.

Program. The Local Rent Supplement Program (LRSP) established under Title II of the Fiscal
Year 2007 Budget Support Emergency Act of 2006, effective August 8, 2006. (D.C. Act A16 -
0476; 53 DCR 7068), which is the D.C. Housing Authority Rent Supplement Act of 2006, as
amended or as provided in subsequent appropriation authority. The LRSP is established to provide
tenant-based, project -based and sponsor -based housing assistance to Extremely Low -Income
Households in the District of Columbia, including, but not limited to, those who are homeless and
those in need of supportive services, such as elderly individuals or those with disabilities.

Rental Subsidy or Rental Subsidy Payments. The total monthly rent payable by DCHA to the
Owner with respect to a Contract Unit leased by Family from the Owner. Rental Subsidy or Rental
Subsidy Payments includes payment for any housing services, maintenance and utilities to be
provided by the Owner in accordance with the lease. The amount of such Rental Subsidy shall be
established by DCHA for each Contract Unit as the Contract Rent for the Contract Unit less an
amount equal to 30% of the Family’s household income as determined by DCHA.

Supportive Services. Voluntary services to be provided or caused to be provided by the Owner to
the Families and designed primarily to help tenants maintain housing, including, but not limited
to, coordination/case management, physical and mental health, substance use management and
recovery support, job training, literacy, and education, youth and children’s programs, and money
management.

Tenant Rent. The portion of the rent to Owner payable by the Family in an amount equal to 30%
of the Family’s household income as determined by DCHA, in accordance with Local Rent
Supplement Program requirements. DCHA is not responsible for paying any part of the Tenant
Rent. At no time during the term of this LTSC may the Tenant Rent exceed 30% of the Family’s
household income.

3. Purpose

A. This is an LTSC between DCHA and the Owner.

B. The purpose of the LTSC is to provide Rental Subsidy Payments for
Families who lease from the Owner Contract Units that comply with the
HQS.
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 41 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
C. D
CHA agrees to make Rental Subsidy Payments to the Owner in
accordance with the LTSC and the laws, rules and regulations applicable to
the LRSP for Contract Units leased and occupied by Families during the
LTSC term.
4. C
ompletion and Acceptance of Contract Units
F
or Contract Units that are either new or substantially rehabilitated, the Owner certifies
that the Contract Units have been completed in accordance with the ALTSC. Completion
and acceptance of the Contract Units are subject to the provisions of the ALTSC for new
Contract Units or substantially rehabilitated Contract Units governed by an ALTSC.
5. R
ental Subsidy Payments for Each Contract Unit
5.1. Amount of Initial Rental Subsidy Payment to Owner.
A. T
he initial amount of Rental Subsidy to Owner shall be computed in
accordance with the defined term “Rental Subsidy Payment” as set forth in
Section 2 above.
B. A
t the beginning of the LTSC term, and except as the Rental Subsidy to
Owner may be adjusted by DCHA from time to time strictly in accordance
with Section 6 of the LTSC, the Rental Subsidy to Owner for each bedroom
size (number of bedrooms) shall be determined in accordance with the
defined term “Rental Subsidy Payments” set forth in Section 2 above for
each Contract Unit.
5.2. LRSP Rent Requirements.
A. N
otwithstanding any other provision of the LTSC, the Rental Subsidy paid
to Owner may in no event exceed the amount authorized in accordance with
the rules, regulations and laws applicable to the LRSP.
B. D
CHA has the right to reduce the Rental Subsidy to Owner, at any time, to
correct any errors in establishing or adjusting the Rental Subsidy to Owner
in accordance with LRSP requirements. DCHA may recover any
overpayment from the Owner.
5.3. Subsidy and Rental Payments to Owner.
5.3.1. DCHA Rental Subsidy to Owner.
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 42 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
A. Each month DCHA agrees to make a Rental Subsidy Payment to the Owner
for a Contract Unit under lease to and occupied by a Family in accordance
with the terms of the LTSC and the rules, regulations, and laws applicable
to the LRSP.
B. T
he Rental Subsidy Payment to the Owner for a Contract Unit is equal to
the amount of Rental Subsidy as determined by DCHA after taking into
account other subsidies or assistance available to Owner.
C. T
he Owner will be paid the Rental Subsidy under the LTSC on or about the
first day of the month for which payment is due, unless the Owner and the
DCHA agree on a later date.
D. T
o receive the Rental Subsidy in accordance with the LTSC, the Owner
must comply with all provisions of the LTSC and the rules, regulations, and
laws applicable to the LRSP. Unless the Owner complies with all provisions
of the LTSC and the rules, regulations and laws applicable to the LRSP, the
Owner does not have a right to receive Rental Subsidy from DCHA.
E. I
f DCHA determines that the Owner is not entitled to the payment or any
part of the Rental Subsidy Payment, DCHA, in addition to other remedies
which may be available at law or in equity, may deduct the amount of the
overpayment from any amounts due the Owner, including amounts due
under any rental subsidy payments contract with DCHA or any LTSC under
the LRSP.
F. T
he Owner will notify DCHA promptly of any change of circumstances that
would affect the amount of the Rental Subsidy payable from DCHA to
Owner, including any change in the amount of subsidies received from a
source other than DCHA, and will return any payment that does not conform
to the changed circumstances.
5.3.2. Payment of the Tenant Rent.
P
ayment of the Tenant Rent is the responsibility of the Family. DCHA is not
responsible for paying any part of the Tenant Rent, or for paying any other claim
by the Owner against a Family. DCHA is only responsible for paying the Rental
Subsidy to the Owner on behalf of a Family for the Contract Units covered by this
LTSC in accordance with the LTSC and rules, regulations and laws applicable to
the LRSP.
5.4. Termination of Assistance for Family.
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 43 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
DCHA may terminate Rental Subsidy for a Family under the LTSC in accordance with all
rules, regulations and laws applicable to the LRSP. DCHA must notify the Owner in
writing of its decision to terminate Rental Subsidy in such case, and that Rental Subsidy
for the Family under the LTSC will terminate at the end of the calendar month that follows
the calendar month in which the DCHA gives such notice to the Owner.
6. A
djustment of Rental Subsidy to Owner
6.1. DCHA Determination of Adjustment of Rental Subsidy.
A. R
ental Subsidy will be adjusted in accordance with applicable law, LRSP
requirements and rules and regulations applicable to the Program, including
the rules and regulations applicable to DCHA’s Partnership Program for
Affordable Housing (the “Partnership Program”).
B. U
pon a request made in accordance with the applicable law, LRSP
requirements and rules and regulations applicable to the Program, including
the Partnership Program, DCHA will review such request and rents will be
increased to amounts no higher than those warranted in accordance with the
applicable law, LRSP requirements and the rules and regulations applicable
to the Program, including the Partnership Program.
C. S
ubject to the availability of funds appropriated and received from the
District of Columbia, upon the Owner satisfying all requirements of DCHA
for a rent adjustment, including all applicable laws, LRSP requirements,
rules and regulations applicable to the Program, including the rules and
regulations applicable to the Partnership Program, the Owner will be
granted a rent increase (or decrease) in the amount of Rental Subsidy and
will be notified in writing of such increase (or decrease).
6.2. Maximum Rent.
T
he Rental Subsidy for each Contract Unit, as may be adjusted from time to time by DCHA
in accordance with Section 6, may at no time exceed reasonable rent, as determined by
DCHA, charged for comparable units in the private unassisted market.
6.3. No Special Adjustment.
D
CHA will not make any special adjustments of the Rental Subsidy.
6.4. Owner Compliance with the LTSC.
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 44 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
DCHA shall not approve, and the Owner shall not receive, any increase of Rental Subsidy
to Owner unless all Contract Units are in accordance with HQS, and the Owner has
complied with the terms of the assisted leases and the LTSC.

6.5. Notice of Adjustment of Rental Subsidy.

In the event of a change or adjustment in the amount of Rental Subsidy, Owner will be
notified by a written notice by DCHA to the Owner in accordance with Section 6. Such
notice constitutes an amendment of the Contract Rent specified in Exhibit A.

6.6. District Funding Availability.

A. Owner hereby acknowledges and agrees that DCHA’s obligations under
this LTSC are subject to the availability of sufficient appropriations from
the District of Columbia. If there is a reduction in appropriations to the
LRSP that will result in a reduction of Rental Subsidy to the Owner, DCHA
will provide written notice of such reduction to the Owner.

B. In the event funding for the Rental Subsidy under this LTSC is reduced
more than ten percent (10%), the Owner may request in writing that DCHA
remove existing vacant Contract Unit(s) in a number not greater than the
ratio of the loss in total Rental Subsidy compared to the prior year.

Upon such written request, DCHA hereby agrees to amend the LTSC to
remove the number of vacant Contract Unit(s), which number shall not be
greater than the ratio of the loss in total Rental Subsidy compared to the
prior year.

If there are no vacant Contract Unit(s) when Owner receives notice from
DCHA of decrease in Rental Subsidy, the Owner may request in writing
that DCHA reallocate Rental Subsidy such that the decreased amount of
Rental Subsidy be allocated among the number of units under the LTSC
until such time that a vacancy occurs and is reported to DCHA in writing.
At such point, DCHA will amend the LTSC to remove the number of vacant
Contract Unit(s), which number shall: (i) not be greater than the ratio of the
loss in total Rental Subsidy compared to the prior year and (ii) not exceed
the actual number of vacant units.

For example, a LTSC has ten (10) Contract Units eligible for a maximum
of $1,000 Rental Subsidy per month, for an annual allocation of $120,000
in Rental Subsidy, assuming there is $0 Tenant Rent in that year. In the
event that the annual allocation of maximum eligible Rental Subsidy is
reduced to $108,000, the reduction in maximum annual Rental Subsidy is
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 45 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
ten percent (10%), and the Owner would be eligible to request one Contract
Unit be removed from the LTSC.
C. O
wner shall (1) attempt to mitigate any disruption to the residential tenants
and include a tenant relocation plan in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
and any other applicable laws and regulations of the District of Columbia;
and (2) reasonably pursue resources available to Owner for alternate
funding, prior to requesting a reduction in the number of Owner’s Contract
Unit(s) under the LTSC.
7. Ow
ner Responsibility
T
he Owner is responsible for:
A. P
erforming all management and rental functions for the Contract Units.
B. E
nforcing tenant obligations under the lease.
C. P
aying for utilities and housing services (unless paid by the Family und er
the lease).
D. C
ollecting from the tenant:
i. A
ny security deposit;
ii. T
he Tenant Rent; and
iii. A
ny charge for unit damage by the Family or any other amounts
owed by the Family to the Owner.
E. [R
eserved]
8. O
wner Certifications
T
he Owner certifies that at all times during the term of the LTSC:
A. A
ll Contract Units are in good, safe, sanitary, and tenantable conditions.
The Owner is maintaining the Premises and all Contract Units in accordance
with the HQS.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 46 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
B. The Owner shall provide, or cause to be provided, all the services,
maintenance and utilities as agreed to under the LTSC and the leases with
Families.
C. The Owner may select applicants from a site-based waiting list maintained
by the Owner and approved by DCHA (the “Site-Based Waiting List”).
T
o utilize the Site -Based Waiting List, the Owner must demonstrate to
DCHA’s satisfaction that applicants meet the eligibility requirements of
LRSP and DCHA’s Housing Choice Voucher Program (“HCVP”) as
determined by DCHA. The Owner must also provide DCHA with written
explanation for the selection of the otherwise eligible applicants not
currently on the Site-Based Waiting List.
A
lternatively, the Owner may lease a Contract Unit to a Family from
DCHA’s waiting list (“DCHA Waiting List”) if the Owner requests
applicants from the DCHA Waiting List.
D. T
o the best of the Owner’s knowledge, the members of the Family reside in
each Contract Unit for which the Owner is receiving Rental Subsidy, and
the Contract Unit is the Family’s only residence.
E. T
he Owner (including a principal or other interested party) is not the parent,
child, grandparent, grandchild, sister, or brother of any member of a Family
residing in a Contract Unit.
F. T
he amount of the Rental Subsidy is the correct amount due under the
LTSC.
G. T
he Rental Subsidy to Owner for each Contract Unit does not exceed rents
charged by the Owner for other comparable unassisted units.
H. E
xcept for the Rental Subsidy and the Tenant Rent as provided under the
LTSC, the Owner has not received and will not receive any payments or
other considerations (from the Family, DCHA, LRSP, or any other public
or private source) for rental of the Contract Unit; provided however, DCHA
may expressly agree in writing to the Owner receiving public funds to
subsidize the Contract Unit.
I. T
he Family does not own, or have any interest in the Contract Unit. If the
Owner is a cooperative, the Family may be a member of the cooperative.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 47 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
J. The Contract Un its and Premises have an automatic sprinkler system or
smoke detectors in proper condition in compliance with the Fire
Administration Authorization Act of 1992.
K. T
he Contract Units and Premises are in compliance with all applicable
Lead-Based Paint regula tions and Owner has all appropriate licenses and
certificates to do business under applicable District of Columbia law.
L. T
he Owner has complied and will continue to comply with all applicable
federal and local laws, regulations, and other requirements.
9. C
ondition of Contract Units
9.1. Owner Maintenance and Operation.
A. T
he Owner must maintain and operate the Contract Units and Premises to
provide decent, safe, and sanitary housing in accordance with the HQS,
including performance of ordinary and extraordinary maintenance.
B. T
he Owner must provide (or cause to be provided) the services,
maintenance and utilities in accordance with Exhibit B, and the lease with
each Family.
9.2. DCHA Inspection.
D
CHA may inspect the Contract Units and the Premises any time DCHA deems necessary
to assure that the Contract Units and Premises are in accordance with HQS and that the
Owner is providing or is causing to be provided the maintenance, utilities, and other
services in accordance with the leases and the LTSC.
9.3. Units not Decent, Safe, and Sanitary.
I
f DCHA determines at any time that a Contract Unit is not in accordance with HQS or if
Owner is not in compliance with any Federal or District of Columbia law or regulation
applicable to Owner, DCHA may exercise any of its remedies under the LTSC for all or
any Contract Units.
S
uch remedies include, but shall not be limited to, termination, abatement, or reduction of
Rental Subsidy or termination of the LTSC or any housing assistance payment contract
between DCHA and Owner. DCHA may avail itself of any and all remedies available at
law or in equity. DCHA may exercise any such remedy respecting a Contract Unit even if
the Family continues to occupy the Contract Unit.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 48 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
9.4. M aintenance and Replacement – Owner’s Standard Practice.
M
aintenance and replacement (including redecoration) must be in accordance with the
standard industry practice for the type and age of the building.
10.
Leasing Contract Units
10.1. Selection of Tenants.
A. D
uring the term of the LTSC, the Owner must lease all Contract Units to
eligible Families referred from Owner’s Site -Based Waiting List in
accordance with DCHA’s Housing Choice Voucher Program (“HCVP”)
rules and regulations applicable to the LRSP or applicants requested from
DCHA’s Waiting List; provided however, DCHA will not make any
determinations regarding eligibility of applicants for Owner’s program for
Supportive Services. DCHA must determine Family eligibility under the
LRSP for all Contract Units in accordance with LRSP requirements.
B. T
he Contract Unit leased to each Family must be appropriate for the size of
the Family under the DCHA’s occupancy standards.
C. If a
Contract Unit was occupied by an eligible Family at the time the unit
was selected by DCHA, or is so occupied on the effective date of the LTSC,
the Owner must offer the Family the opportunity to lease the same or
another appropriately-sized Contract Unit with assistance under the LTSC.
D. T
he Owner is responsible for screening and selecting tenants from the
Families referred either by DCHA from DCHA’s Waiting List or the
Owner’s Site-Based Waiting List, in accordance with DCHA’s HCVP rules
and regulations applicable to the LRSP.
E.
10.2. Vacancies.
A. T
he Owner must rent vacant Contract Units to eligible Families either on
the Owner’s Site -Based Waiting List or to eligible Families requested as
referrals from DCHA Waiting List.
B. D
CHA and the Owner must make reasonably good faith efforts to minimize
the likelihood and length of any vacancy.
C. I
f vacancies occur, DCHA may give notice to the Owner amending Exhibit
A of the LTSC to reduce the number of Contract Units by the number of
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 49 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
Contract Units that have been vacant for a period of 120 or more days since
Owner’s written notice of vacancy to DCHA.
10.3. Modification of Contract Units.
O
wner may request in writing that DCHA consider in its sole discretion an amendment to
Exhibit A to substitute a new Contract Unit for a Contract Unit currently covered by the
LTSC.
11. T
enancy
11.1. Lease.
T
he lease between the Owner and each Family must be in accordance with LRSP
requirements.
11.2. Termination of Tenancy.
A. T
he Owner may only terminate a tenancy in accordance with the lease and
LRSP requirements, including all applicable federal and District of
Columbia laws.
B. T
he Owner must give DCHA a copy of any eviction notice by Owner to the
tenant at the same time that the Owner gives notice to the tenant. Owner
eviction notice means a notice to vacate, or a complaint or other initial
pleading used to commence an eviction action under applicable District of
Columbia law.
11.3. Family Payment.
A. T
he Tenant Rent will be deter mined by DCHA in accordance with LRSP
and HCVP requirements. The amount of the Tenant Rent is subject to
change during the term of the LTSC. Any changes in the amount of the
Tenant Rent will be effective on the date stated in a written notice by DCHA
to the Family and the Owner.
B. T
he amount of the Tenant Rent as determined by DCHA is the maximum
amount the Owner may charge the Family for rent of a Contract Unit,
including all housing services, maintenance and utilities to be provided by
the Owner in accordance with the LTSC and the lease.
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 50 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
C. The Owner may not demand or accept any rent payment from the tenant in
excess of the Tenant Rent as determined by DCHA. The Owner must
immediately return any excess rent payment from the tenant to the tenant.

D. As long as the LTSC is in effect, the Family is not responsible for payment
of the portion of the Rental Subsidy to be paid by DCHA to Owner under
the LTSC.

The Owner may not terminate the tenancy of a Family for nonpayment of
the Rental Subsidy; provided however, DCHA and Owner acknowledge and
agree that in the event that DCHA terminates this Contract for failure to
receive sufficient funding from the District of Columbia with respect to the
Contract Units, this LTSC shall be terminated and Owner may exercise any
rights or remedies against the Family in accordance with the lease or any
other agreement with the Family in accordance with applicable laws.

11.4. Other Owner Charges.

A. The lease may not require the Family or members thereof to pay charges for
meals. Nonpayment of such charges is not ground for termination of
tenancy.

B. The Owner may not charge the Family or members thereof extra amounts
for items customarily included in rent in the locality or provided at no
additional cost to an unsubsidized tenant who resides at the Premises.

11.5. Security Deposit.

A. The Owner may collect a security deposit from the Family.

B. The Owner must comply with all District of Columbia laws and LRSP and
DCHA requirements, which may change from time to time regarding
security deposits from a tenant.

C. When the Family moves out of the Contract Unit, the Owner, subject to
District of Columbia law, may use the security deposit, including any
interest on the deposit, in accordance with the lease, as reimbursement for
any unpaid Tenant Rent, damages to the Contract Unit or other amounts
which the Family owes under the lease. The Owner must give the Family a
written list of all items charged against the security deposit and the amount
of each item. After deducting the amount used as reimbursement to the
Owner, the Owner must promptly refund the full amount of the balance to
the Family.
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 51 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
D. I
f the security deposit is not sufficient to cover amounts the Family owes
under the lease, the Owner may seek to collect the balance from the Family.
Notwithstanding anything contained herein to the contrary, Owner
understands, acknowledges and agrees that DCHA is not responsible for
any amounts owed by the Family regardless of whether the Owner is able
to collect any amounts due and owing from the Family to Owner.
12. O
vercrowded and Under-Occupied Units
I
f DCHA determines that a Contract Unit is not decent, safe, sanitary or appropriately-sized
because of either: (i) an increase in the Family size, thereby resulting in overcrowding of
the Contract Unit, or (ii) a decrease in the Family size, thereby resulting in an under-
occupied Contract Unit, under the DCHA’s occupancy standards, Owner must off er the
Family a suitable Contract Unit as soon as one becomes vacant and ready for occupancy,
and require the Family to relocate to the appropriately-sized Contract Unit
13. P
rohibition of Discrimination
A. T
he Owner may not refuse to lease Contract Units to, or otherwise
discriminate against any person or Family in leasing of a Contract Unit,
because of race, color, religion, national origin, sex, age, marital status,
personal appearance, sexual orientation, gender identity or expression,
familial status, family responsibilities, matriculation, political affiliation,
genetic information, disability, source of income, and place of residence or
business.
B. T
he Owner may not refuse to lease Contract Units to, or otherwise
discriminate against any Family in leasing a Contract Unit, because
members of the Family are unwed parents, pregnant women, children born
out of wedlock, or recipients of public assistance.
C. The
Owner must comply with the following requirements:
i. T
he Fair Housing Act (42 U.S.C. §§ 3610 – 3619) and implementing
regulations at 24 CFR parts 100, et seq;
ii. E
xecutive Orders 11063, 12259, and 12892 (Equal Opportunity in
Housing) and implementing regulations at 24 CFR part 107;
iii. T
itle VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d –
2000d-4) (prohibition of discrimination in federally assisted
programs) and implementing regulations at 24 CFR part 1;
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 52 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
i
v. The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 – 6107)
and implementing regulations at 24 CFR part 146;
v. S
ection 504 of the Rehabilitation Act of 1973 implementing
regulations at 24 CFR part 8;
vi
. Executive Orders 11625, 12138, and 12432 (promoting minority
and women’s business enterprise);
v
ii. Title II of the American with Disabilities Act (42 U.S.C. §§ 12101,
et seq .) (prohibition of employment discrimination because of
disability) and the fair housing advertising poster guidelines at 24
CFR part 110; and
v
iii. All applicable federal and District laws, rules and regulations.
D. D
CHA and the Owner must comply with the LRSP in conducting
compliance reviews and complaint investigations pursuant to all applicable
civil rights statutes, Executive Orders, and all related rules and regulations,
including any reviews or investigations by the District of Columbia.
14. O
wner Default and DCHA Remedies
14.1. Owner Default.
A
ny of the following is a default by the Owner under the LTSC:
A. T
he Owner has failed to comply with any obligation under the LTSC,
including the Owner’s obligations to maintain all Contract Units in
accordance with HQS.
B. T
he Owner has violated any obligation under any other housing assistance
payments contract with DCHA, whether a housing assistance payments
contract under DCHA’s HCVP or any other LTSC under the Local Rent
Supplement Program.
C. T
he Owner has committed fraud or made false statement to DCHA in
connection with the Agreement or the LTSC or a housing assistance
payment contract under DCHA’s HCVP.
D. T
he Owner has committed fraud, bribery or any other corrupt or criminal
act in connection with any Federal or local rent subsidy program.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 53 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
E. I
f the Owner has engaged in any drug- related criminal activity or any
violent criminal activity.
14.2. DCHA Remedies.
A. I
f DCHA determines that a breach has occurred, DCHA may exercise any
of its rights or remedies under the LTSC, all applicable rules and
regulations, and any and all remedies available at law or in equity.
B. DC
HA must notify the Owner in writing of such determination. The notice
by DCHA to the Owner may require the Owner to take corrective action (as
verified by DCHA) by a time prescribed in the notice.
C. D
CHA’s rights and remedies under the LTSC include recovery of
overpayments, termination or reduction of Rental Subsidy Payments, and
termination of the LTSC as well as any other remedies available at law or
in equity.
14.3. DCHA Remedy Is Not Waived.
D
CHA’s exercise or non-exercise of any remedy for breach of the LTSC is not a waiver of
the right to exercise that remedy or any other right or remedy at any time.
15.
Termination of LTSC for Wrongful Selection of Contract Units
T
he LTSC may be terminated upon 30 days written notice to t he Owner by DCHA if
DCHA determines that the Contract Units were not eligible for selection in conformity
with LRSP requirements.
16. O
wner Duty to Provide Information and Access Required by DCHA
16.1. Required Information.
T
he Owner must prepare and furnish any information pertinent to the LTSC as may
reasonably be required from time to time by DCHA. The Owner shall furnish such
information in the form and manner required by DCHA.
16.2. DCHA Access to Premises.
T
he Owner must permit DCHA or any other authorized representatives to have access to
the Premises and, for the purpose of audit and examination, to have access to any books,
documents, papers, and records of the Owner to the extent necessary to determine
{0035002 -}

Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 54 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
compliance with the LTSC, including the verification of information pertinent to the Rental
Subsidy Payments or the LTSC.

17. DCHA and Owner Relation to Third Parties

17.1. Legal Relationship.

The Owner is not the agent of DCHA. The LTSC does not create or affect any relationship
between DCHA and any lender to the Owner or any suppliers, employees, contractors or
subcontractors used by the Owner in connection with the implementation of the LTSC.

17.2. Exclusion of Third Party Claims.
Nothing in the LTSC shall be construed as creating any right of a Family or other third
party to enforce any provision of the LTSC, or to assert any claim against DCHA or the
Owner under the LTSC.

18. Conflict of Interest

18.1. Interest of Members, Officers, or Employees of DCHA, or Other Public Officials.

No present or former member or officer of DCHA (except tenant commissioners), no
employee of DCHA who formulates policy or influences decisions with respect to the
LRSP and no public official or member of a governing body or District legislator who
exercises functions or responsibilities with respect to the LRSP, shall have any direct or
indirect interest, during his or her tenure or for one year thereafter, in the LTSC.

18.2. Disclosure.

The Owner has disclosed to DCHA any interest that would be a violation of the Agreement
or the LTSC. The Owner must fully and promptly update such disclosures.

18.3. Interest of Member of or Delegate to Congress.

No member of or delegate to the Congress of the United Stat es of America or resident
commissioner shall be admitted to any share or part of this contract or to any benefits
arising from the LTSC.

19. Exclusion from Local and Federal Programs

19.1. Local and Federal Requirements.

{0035002 -}

Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 55 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
The Owner must comply with and is subject to federal and District of Columbia
requirements concerning debarment, suspension, and limited denial of participation.

19.2. Disclosure.

The Owner certifies that:

A. The Owner has disclosed to DCHA the identity of the Owner and any
Principal or Interested party.

B. Neither the Owner nor any Principal or Interested party is on a District list
or federal list of parties excluded from District or federal procurement and
non-procurement programs; and none of such parties are debarred,
suspended or subject to a limited denial of participation.

20. Transfer of the Contract or Property

20.1. When Consent is Required.

A. The Owner agrees that neither the LTSC nor the Premises may be
transferred without the advance written consent of DCHA in accordance
with LRSP requirements.

B. “Transfer” includes:

i. Any sale or assignment or other transfer of ownership, in any form,
of the LTSC or the property;

ii. The transfer of any right to receive Rental Subsidy Payments that
may be payable pursuant to the LTSC;

iii. The creation of a security interest in the LTSC or the property;

iv. Foreclosure or other execution on a security interest; or

v. A creditor’s lien, or transfer in bankruptcy.

C. Owner may make any sale, assignment, or transfer of a passive, non -
controlling interest in the ownership entity (such as a stock transfer or
transfer of the interest of a limited liability company); provided that Owner
provides written notification to DCHA within five (5) days of such transfer
of interest. For any sale, assignment or transfer of any ownership interest
in any general partner or managing member of a limited liability company,
{0035002 -}

Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 56 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
Owner shall obtain written consent from DCHA prior to any transfer of
interest in any general partner or managing member.

20.2. Transferee Assumption of LTSC.

No transferee (including the holder of a security interest, the security holder’s transferee or
successor in interest, or the transferee upon exercise of a security interest) shall have any
right to receive any payment of rental subsidy payments pursuant to the LTSC, or to
exercise any rights or remedies under the LTSC, unless DCHA has consented in advance,
in writing to such transfer, and the transferee has agreed in writing, in a form acceptable to
DCHA in accordance with LRSP requirements, to assume the obligations of the Owner
under the LTSC, and to comply with all terms of the LTSC.

20.3. Effect of Consent to Transfer.

A. The creation or transfer of any security interest in the LTSC is limited to
amounts payable under the LTSC in accordance with the terms of the LTSC.
B. DCHA consent to transfer of the LTSC or the Premises does not change the
terms of the LTSC in any way, and does not change the rights or obligations
of DCHA or the Owner under the LTSC.

C. DCHA’s consent to transfer of the LTSC or the Premises to any transferee
does not constitute consent to any further transfers of the LTSC or the
Premises , including further transfers to any successors or assigns of an
approved transferee.

20.4. When Transfer is Prohibited.

DCHA will not consent to the transfer if any transferee, or any principal or other interested
party is debarred, suspended or subject to a limited denial of participation under District
or federal law or is listed on a District or federal list of parties excluded from District or
federal procurement or non-procurement programs.

21. Owner Disclosure of Other Government Assistance

21.1. Limit of Payments.

Rental Subsidy under the LTSC must not be more than is necessary, as determined in
accordance with LRSP requirements, to provide housing to Extremely Low Income
households after taking account of such related assistance. DCHA will adjust in accordance
with LRSP requirements the amount of the rental subsidy payments to the Owner to
compensate in whole or in part for such related assistance.

{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 57 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
22. Notice and Owner Certifications
W
here either party is required to give notice pursuant to the LTSC, such notice shall be
sent in writing via first class mail deposited with the U.S. Postal Service, via overnight
delivery, via electronic mail or via facsimile. Any notices required herein shall be sent to
the appropriate addresses listed below. The addresses set forth below may only be changed
by written notice to the other party.
If to Owner:
PBS Property Holdings, LLC
C/o Kennedy Gardens Apts
145 Kennedy Street NW
Washington, DC 20011
Attn: Kennedy Barnes, Authorized Agent
If to DCHA:
District of Columbia Housing Authority
300 7th Street, SW – 10th Floor
Washington, DC 20024
Attn: Sr. Vice President, Housing Choice Voucher Program
With a Copy to:
District of Columbia Housing Authority
300 7th Street, SW – 10th Floor
Washington, DC 20024
Attn: Sr. Vice President, Office of the General Counsel
A
ny certification or warranty by Owner pursuant to the LTSC shall be deemed a material
representation of fact upon which reliance was placed when this transaction was made or
entered into.
23. I
ndemnification
O
wner shall indemnify and hold harmless DCHA for any liability incurred as a result of
any liability incurred by DCHA for acts or omissions made by Owner or its agents,
employees, contractors or representatives in connection with this LTSC, including without
limitation, violation by Owner or its agents, employees, contractors or representatives of
any laws applicable to Owner or its agents, employees, contractors or representatives.
{0035002 -}

Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 58 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)

24. Entire Agreement

The Agreement to Enter into Long Term Subsidy Contract (if entered into by the Owner
and DCHA for development of new units or rehabilitation of existing units) and the LTSC,
including the exhibits, constitute the entire agreement between DCHA and the Owner.
Except as expressly provided for in this LTSC, no changes to the LTSC may be made
except in writing, signed by both the Owner and DCHA.

25. Additional Provisions (if any)

[Reserved]

26. Counterparts

This Long Term Subsidy Contract may be executed in counterparts, each of which shall
be an original, but all of which shall constitute one agreement.

Remainder of Page Left Blank Intentionally

{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 59 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
District of Columbia Housing Authority
Local Rent Supplement Program (LRSP)
Long Term Subsidy Contract (LTSC)
I
N WITNESS WHEREOF, the Owner and DCHA have caused this Long Term Subsidy Contract
to be executed and attested by their respective duly authorized representatives.
O
WNER:
P
BS PROPERTY HOLDINGS, LLC,
a District of Columbia limited liability company
B
y: PBS Development LLC,
a District of Columbia limited liability company
B
y: Left on Founders, Inc.,
a District of Columbia non-profit corporation
By:
Name: Chris V. Rey
Title: President
DI
STRICT OF COLUMBIA HOUSING AUTHORITY
B
y: _______________________________
Name: Keith Pettigrew
Title: Executive Director
D
ate:_______________________________
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 60 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
E XHIBIT A
CONTRACT UNITS
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 61 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
EXHIBIT B
SERVICES RELATED TO THE PROPERTY,
MAINTENANCE AND UTILITIES
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 62 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
EXHIBIT C
BASIC BUSINESS LICENSE
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 63 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
EXHIBIT D
CERTIFICATE OF OCCUPANCY
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 64 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
E XHIBIT E
STAGES
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 65 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
E XHIBIT F
ARCHITECT CERTIFICATE
M i c h a e l Gra v es Arch i t ec t s
2 1 0 7t h St ree t , S E Su i t e 2 01 , Wa s h i n g t o n , DC 2 0 0 03
June 16, 2025
Sharnitta Evans-Wilson
District of Columbia Housing Authority
1133 North Capitol Street NE, Suite 100
Washington, DC 20002-7549
Re: 145 Kennedy Street NW
Washington, D.C.
Dear Ms. Evans-Wilson:
My company is the design architect of record for the new construction of a building located at 145
This letter is to state that to the best of my knowledge and belief, the Buildings will be constructed in
accordance with the certified working drawings and specifications; and that the Buildings will comply
zoning requirements.
Sincerely,
Sean Pichon, AIA
Principal
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 66 of 67
[Kennedy Gardens Apts] (145 Kennedy Street, NW)
E XHIBIT G
DAVIS BACON WAGE SCHEDULE

General Decision
Namber:D¢20250002| 445.KENNEDYSTREETN.W.PROJECT
02/21/2025 BuildingDecisionNo.:620250002
SupersededGeneral_| ModificationNo.:4DecisionNumber:DC20240002 Publication Date: 2/21/2025
. LOCK-IN DATE: 3/3/2025,State: District of
Columbia LABOR STANDARD- Construction must startby
9/3/2025,otherwisea newWage DecisionmustbeConstruction Type: assigned
Building
County: Districtof ColumbiaStatewide.
BUILDING CONSTRUCTION PROJECTS (does not include single
family
homes or apartmentsup to and including4 stories).
Note: Contracts subject to the Davis-Bacon Act are
generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order
13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).

JIf the contractis entered |. ExecutiveOrder 14026
[intoon or afterJanuary30, | generallyappliesto the
|2022,or the contractis | contract.
|renewed or extended (e.g., an |. The contractor must pay
loption is exercised) on or | all covered workers at
afterJanuary30, 2022: least $17.75per hour (or
the applicable wage rate
listed on this wage
determination,if it is
higher) for all hours
spent performingon the
contract in 2025.

JI£ the contractwas awarded onl.
lor between January 1, 2015 and]
|
|January 29, 2022, and the
|
Icontract is not renewed or
all]
lextendedon or after January
|
130, 2022:
|
I
listed|
determination,|
ExecutiveOrder 13658
generallyappliesto the
contract.
The contractor must pay
coveredworkers at least
$13.30per hour (or the
applicablewage rate
on this wage
if it is higher) for all
hours spent performingon
that contract in 2025.

The applicableExecutiveOrder minimum wage rate will be
adjustedannually.If this contract is coveredby one of
the
Executive Orders and a classification considered necessary
for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and
worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 01/24/2025
3 02/14/2025
4 02/21/2025
ASBE0024-007 10/01/2024
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR... 6... ee ee cece eee eee eee $ 40.77 20.17+a
Includesthe applicationof all insulatingmaterials,
protective coverings, coatings and finishes to all types
of
mechanicalsystems
a. PAID HOLIDAYS:New Year's Day, Martin Luther King Day,
Memorial Day, IndependenceDay, Labor Day, Veterans'Day,
ThanksgivingDay,the day after Thanksgivingand Christmas
Day provided the employeeworks the regularwork day
before
and after the paid holiday.

ASBE0024-008 10/01/2024
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER. +8 24.46 10.19+a
Includespreparation,wetting, stripping,removal,
scrapping,
vacuuming,bagging and disposingof all insulation
materials, whether they contain asbestos or not, from
mechanicalsystems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
ThanksgivingDay,the day after Thanksgivingand Christmas
Day provided the employeeworks the regularwork day
before
and after the paid holiday.

ASBEO024-014 10/01/2024
Rates Fringes
FIRESTOPPER.....00. -ee eeseeeeeee$ 30.21 10.43+a
Includesthe applicationof materialsor deviceswithin
or
around penetrationsand openings in all rated wall or
floor
assemblies,in order to prevent the pasage of fire, smoke
of other gases. The applicationincludesall components
involvedin creatingthe rated barrier at perimeterslab
edges and exteriorcavities,the head of gypsum board or
concretewalls, joints between rated wall or floor
components, sealing of penetrating items and blank
openings.
a. PAID HOLIDAYS:New Year's Day, Martin Luther King Day,
Memorial Day, IndependenceDay, Labor Day, Veterans’Day,
ThanksgivingDay,the day after Thanksgivingand Christmas
Day provided the employeeworks the regularwork day
before
and after the paid holiday.

BRDCO001-002 04/28/2024
Rates Fringes
BRICKLAYER

CARPO197-011 05/01/2024
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..
CARP0219-001 05/01/2024

MILLWRIGHT

CARP0474-006 05/01/2024
Rates Fringes
PILEDRIVERMAN. +$ 36.60 14.47

ELECO026-016 06/05/2023
Rates Fringes
ELECTRICIAN, Includes
Installation of
HVAC/TemperatureControls -$ 53.00 21.35

ELECO026-017 09/02/2024
Rates Fringes
ELECTRICAL INSTALLER (Sound
& Communication Systems)......... $ 32.60 12.92
SCOPE OF WORK: Includes low voltage construction,
installation, maintenance and removal of teledata
facilities (voice, data and video) including outside
plant,
telephone and data inside wire, interconnect, terminal
equipment, central offices, PABX, fiber optic cable and
equipment, railroad communications,micro waves, VSAT,
bypass, CATV, WAN (Wide area networks), LAN (Local area
networks) and ISDN (Integratedsystems digital network).
WORK EXCLUDED: The installation of computer systems in
industrial applications such as assembly lines, robotics
and computer controller manufacturing systems. The
installation of conduit and/or raceways shall be
installed
by Inside Wiremen. On sites where there is no Inside
Wireman employed, the Teledata Technician may install
raceway or conduit not greater than 10 feet. Fire alarm
work is excluded on all new construction sites or
wherever
the fire alarm system is installed in conduit. All HVAC
control work.

ELEV0010-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC.......-eeeeeeee $ 57.16 38.435+atb
a. PAID HOLIDAYS: New Year's Day, Memorial Day,
Independence
Day, Labor Day, Veterans’ Day, Thanksgiving Day,
Christmas
Day and the Friday after Thanksgiving.
b. VACATIONS: Employer contributes 8% of basic hourly
rate
for 5 years or more of service; 6% of basic hourly rate
for
6 months to 5 years of service as vacation pay credit.

TRONO005-005 06/01/2024
Rates Fringes
TRONWORKER, STRUCTURAL AND
ORNAMENTAL .+$ 37.86

IRONO005-012 05/01/2024
Rates Fringes
TRONWORKER, REINFORCING..........$ 31.88 23.78

* LABOOO11-009 06/01/2024
Rates Fringes
LABORER: Skilled...........+.--- $ 29.66 8.29
FOOTNOTE: Potmen, power tool operator, small machine
operator,signalmen,laser beam operator,waterproofer
(excludingroofing),open caisson,test pit
underpinning,
pier hole and ditches,laggersand all work associated
with
lagging that is not expresslystated, strippers,operator
of hand derricks,vibratoroperators,pipe layers,or
tile
layers, operatorsof jackhammers,paving breakers,
spaders
or any machine that does the same general type of work
carpenter tenders, scaffold builders, operators of
towmasters,scootcretes,buggymobilesand other machines
of
similar character,operatorsof tampers and rammersand
other machines that do the same general type of work
whether powered by air, electricor gasoline,builders of
trestle scaffoldsover one tier high and sand blasters,
power and chain saw operators used in clearing,
installers
of well points, wagon drill operators,acetyleneburners
and licensedpowdermen,stake jumper,demolition.

MARBO002-004 04/28/2024
Rates Fringes
MARBLE/STONE MASON ++$ 44.30 20.92

INCLUDING pointing, caulking and cleaning of All types of
masonry, brick, stone and cement EXCEPT pointing,
caulking,
cleaning of existing masonry, brick, stone and cement
(restoration work)

MARBO003-006 04/28/2024
TERRAZZO WORKER/SETTER. . .

MARBO003-007 04/28/2024
Rates Fringes
TERRAZZO FINISHER +$ 28.09 12.29

MARBO003-008 04/28/2024
TILE SETTER.

MARBOO03-009 04/28/2024
Rates Fringes
TILE FINISHER. ++$ 28.09 12.29

PAINOO51-014 06/01/2023

Rates Fringes
GLAZIER
Glazing Contracts$2
million and under... ++ 30.52 13.85
Glazing Contractsover $2
million... : $34.76 13.85

PAINO051-015 06/01/2023
Rates Fringes
PAINTER
Brush, Roller, Spray and
Drywall Finisher

PLASO891-005 07/01/2023
Rates Fringes
PLASTERER (Including
Fireproofing). + 31.83 8.96

PLASO891-006 02/01/2024
CEMENT MASON/CONCRETE FINISHER...$ 30.25 13.60

PLUM0005-010 08/01/2024
Rates Fringes
+-$ 51.25 22.46+a

PLUMBER...

a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving
Day
and the day after Thanksgiving, Christmas Day, New Year's
Day, Martin Luther King's Birthday, Memorial Day and the
Fourth of July.

PLUM0602-008 08/01/2024
Rates Fringes
PIPEFITTER, Includes HVAC
Pipe Installation................ $ 52.27 23.79+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day and the day after
Thanksgiving and Christmas Day.
ROOF0030-016 07/01/2024
Rates Fringes
~+$ 34.76 14.91

ROOFER.

SFDC0669-002 01/01/2025
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers). . . ++$ 42.32 26.39

SHEE0100-015 11/01/2023
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct Installation).......... $ 47.92 22.72+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and Christmas Day

* —sUDC2009-003 05/19/2009
Rates Fringes
LABORER: Common or General. ~-$ 13.04 ** 2.80

LABORER: Mason Tender -
Cement/Concrete.....sseeeeeeeeeee $ 15.40 ** 2.85
LABORER: Mason Tender for
pointing,caulking,cleaning
of existingmasonry,brick,
stone and cement structures
(restorationwork); excludes
pointing,caulkingand
cleaningof new or
replacementmasonry,brick,
stone and cement. +-$ 11.67 **
POINTER, CAULKER, CLEANER,
Includespointing,caulking,
cleaningof existingmasonry
brick, stone and cement
structures (restoration
work); excludespointing,
caulking,cleaningof new or
replacement
masonry, brick, stone or
cement .-$ 18.88

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.

** Workers in this classification may be entitled to a
higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that
the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract
to
which the states of Texas, Louisiana, or Mississippi
including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick
Leave
for Federal Contractors applies to all contracts subject to
the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If
this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for
their
own illness, injury or other health-related needs,
including
preventive care; to assist a family member (or person who
is
like family to the employee) who is ill, injured, or has
other
health-related needs, including preventive care; or for
reasons
resulting from, or to assist a family member (or person who
is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional
information
on contractor requirements and worker protections under the
EO
is available at
https://www.dol.gov/agencies/whd/government-contracts
Unlisted classifications needed for work not included
within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract
clauses
(29CFR 5.5 (a) (1) (iii)).

The body of each wage determinationlists the
classifications
and wage rates that have been found to be prevailingfor
the
type(s) of constructionand geographicarea coveredby the
wage
determination.The classificationsare listed in
alphabetical
order under rate identifiersindicatingwhether the
particular
rate is a union rate (current union negotiated rate), a
survey
rate, a weighted union average rate, a state adopted rate,
ora
supplementalclassificationrate.
Union Rate Identifiers
A four-letteridentifierbeginningwith charactersother
than
"'su"", “"UAVG"", ?SA?, or ?SC? denotes that a union rate
was
prevailingfor that classificationin the survey.Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectivelybargainedrate prevailedin the survey
for
this classification,which in this examplewould be
Plumbers.
0198 indicatesthe local union number or districtcouncil
number where applicable,i.e., PlumbersLocal 0198. The
next
number, 005 in the example,is an internalnumber used in
processingthe wage determination.The date, 07/01/2024in
the
example,is the effectivedate of the most current
negotiated
rate.
Union prevailingwage rates are updated to reflect all
changes
over time that are reported to WHD in the rates
in the collectivebargainingagreement (CBA)governingthe
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed
for
those classifications, but that 100% of the data reported
for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of
Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date,
01/01/2024
in the example, indicates the date the wage determination
was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in
January,to
reflecta weightedaverage of the current rates in the
collectivebargainingagreementson which the rate is
based.
Survey Rate Identifiers
The ""su"" identifier indicates that either a single non-
union
rate prevailed (as defined in 29 CFR 1.2) for this
classificationin the survey or that the rate was derived
by
computing a weighted average rate based on all the rates
reportedin the survey for that classification.As a
weighted
average rate includesall rates reportedin the survey,it
may
includeboth union and non-unionrates. Example:SUFL2022-
007
6/27/2024.SU indicatesthe rate is a single non-union
prevailing rate or a weighted average of survey data for
that
classification.FL indicatesthe State of Florida.2022 is
the
year of the survey on which these classificationsand rates
are
based. The next number, 007 in the example,is an internal
number used in producingthe wage determination.The date,
6/27/2024in the example, indicatesthe survey completion
date
for the classificationsand rates under that identifier.
?SU? wage rates typically remain in effect until a new
survey
is conducted. However, the Wage and Hour Division (WHD) has
the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications
and
prevailing wage rates set by a state (or local) government
were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted.
ME
refers to the State of Maine. 2023 is the year during which
the
state completed the survey on which the listed
classifications
and rates are based. The next number, 007 in the example
is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on
which
the classifications and rates under the ?SA? identifier
took
effect under state law in the state from which the rates
were
adopted.

WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This
can
be:
a) a survey underlyinga wage determination
b) an existingpublishedwage determination
c) an initialWHD letter setting forth a position on
a wage determinationmatter
d) an initialconformance(additionalclassification
and rate) determination
On survey relatedmatters, initialcontact,including
requests
for summariesof surveys,shouldbe directedto the WHD
Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.govor by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regardingany other wage determinationmatter such as
conformancedecisions,requestsfor initialdecisions
shouldbe
directed to the WHD Branch of Construction Wage
Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov
or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initialdecisionhas been issued,then any
interested
party (thoseaffectedby the action) that disagreeswith
the
decisioncan request review and reconsiderationfrom the
Wage
and Hour Administrator(See29 CFR Part 1.8 and 29 CFR Part
7).
Requests for review and reconsiderationcan be submitted
via
email to dba.reconsideration@dol.govor by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompaniedby a full statementof
the
interestedparty'sposition and any information(wage
payment.
data, project description,area practicematerial,etc.)
that
the requestor considers relevant to the issue.
3) If the decisionof the Administratoris not favorable
an
interestedparty may appeal directlyto the Administrative
Review Board (formerlythe Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.

END OF GENERAL DECISION"