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MURIEL BOWSER
MAYOR
December 15, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman
Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-204.51)
enclosed for consideration by the Council of the District of Columbia is a contract in excess of $1
million during a 12-month period, and associated contract summary, for a proposed loan in the amount
of $19,918,127.40, Contract No. 2025-174 with DC Green Finance Authority/DC Green Bank.
DHCD intends to loan the DC Green Finance Authority/DCGB $I9,918,127.40. Loan proceeds will be
comprised of $18,104,620.20 in Federal Grant Award proceeds from FEMA's Safeguarding Tomorrow
through Ongoing Risk Mitigation Revolving Loan Fund (STORM RLF), and $1,813,507.20 in local
Housing Production Trust Funds (HPTF) funds. These funds will be used to establish the Resilient
Housing for All Revolving Loan Fund, which will provide low-interest loans to support hazard
mitigation projects at affordable housing developments throughout the districts in wards 1-8.
The loan fund will be administered by subrecipients of the grant award (DHCD, DCGB, DCHSEMA),
in accordance with the Resilient Housing for All Revolving Loan Fund Intended Use Plan (IUP)
submitted with the grant application, as well as Project Management Plans associated with each grant
award. The DC Green Finance Authority in conjunction with DHCD will continue to review individual
sub-loan recipients for compliance monitoring on a project basis utilizing existing DHCD and HPTF
policies. If there are any concerns, please contact me at (202) 442-7140, or Christopher Earley, Deputy
Director, at 202-442-7158.
I look forward to the Council's favorable consideration of this contract.
Sincerely,
Mu
riel Bowser
Enclosure
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Housing and Community
Development
COUNCIL CONTRACT SUMMARY
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18 -
371; D.C. Official Code §2-352.02(c)), the following contract summary is provided:
(A) The proposed contractor, contract amount, unit and method of compensation, contract
term, and type of contract:
Proposed Contractor: DC Green Finance Authority/DC Green Bank
Contract Amount: $19,918,127.40
Unit and Method of Compensation: Draw Schedule
Term of Contract: 20yrs/0% simple interest
Type of Contract: Loan Agreement
(B) The goods or services to be provided, the methods of delivering goods or services, and
any significant program changes reflected in the proposed contract:
DHCD intends to loan the DC Green Finance Authority/DCGB $19,918,127.40. Loan proceeds
will be comprised of $18,104,620.20 in Federal Grant Award proceeds from FEMA’s
Safeguarding Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund (STORM
RLF), and $1,813,507.20 in local Housing Production Trust Funds (HPTF) funds. These funds
will be used to establish the Resilient Housing for All Revolving Loan Fund, which will provide
low-interest loans to support hazard mitigation projects at affordable housin g developments
throughout the Districts in wards 1-8.
(C) Results, including the price and technical components:
The loan to DC Green Finance Authority/DCGB for $19,918,127.40, will increase the long -
term sustainability and resiliency of the District’s Affordable housing Stock. Loan proceeds will
be comprised of $18,104,620.20 in Federal Grant Award proceeds from FEMA’s Safeguarding
Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund (STORM RLF), and
$1,813,507.20 in local Housing Production Trust Funds (HPTF) funds.
Page 1 of 3
(D) The background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and prior performance on contracts with
the District government:
The loan fund will be administered by subrecipients of the grant award (DHCD, DCGB, DCHSEMA), in
accordance with the Resilient Housing for All Revolving Loan Fund Intended Use Plan (IUP) submitted with
the grant application, as well as Project Management P lans associated with each grant award. The DC Green
Finance Authority in conjunction with DHCD will continue to review individual sub -loan recipients for
compliance monitoring on a project basis utilizing existing DHCD and HPTF policies. All entities involved in
the proposed contractor have satisfactory prior performance on contracts with the District government.
(E) Performance standards and the expected outcome of the proposed contract:
The loan fund will be administered by subrecipients of the grant award (DHCD, DCGB, DCHSEMA), in
accordance with the Resilient Housing for All Revolving Loan Fund Intended Use Plan (IUP) submitted with
the grant application, as well as Project Management P lans associated with each grant award. The DC Green
Finance Authority in conjunction with DHCD will continue to review individual sub -loan recipients for
compliance monitoring on a project basis utilizing existing DHCD and HPTF policies. All entities involved in
the proposed contractor have satisfactory prior performance on contracts with the District government.
(F) 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:
The loan will be funded through the Housing Production Trust Fund. The Project’s budget is
consistent with the District’s financial plan and budget.
(G) A certification that the proposed contract is legally sufficient, including whether the
proposed contractor has any currently pending legal claims against the District:
A legal sufficiency memorandum from the Office of the General Counsel is attached.
(H) A certification that the proposed contractor is current with its District and federal
taxes or has worked out and is current with a payment schedule approved by the
District or federal government:
The DC Green Finance Authority is a District Entity and is not subject District and federal tax law compliance.
Page 2 of 3
(I) The 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, effective October 20, 2005 (D.C.
Law 16-32; D.C. Official Code § 2-218.01 et seq.):
DC Green Finance Authority/DC Green Bank is not a certified local, small, or disadvantaged
business enterprise.
(J) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None
(K) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the
debarment, and the reasons for debarment:
The proposed contractor is not currently debarred from providing services or goods to the District
or federal government. DC Green Finance Authority is not subject to debarment, as they are
District Entity.
(L) Where the contract, if executed, will be made available online:
The contract summary will be available at www.dhcd.dc.gov.
Page 3 of 3
DC Green Finance Authority is an instrumentality of the
District Government, not a private entity required to
register with the Office of Tax and Revenue.
Accordingly, DCGB cannot obtain a certificate of clean
hands nor a certificate of good standing .
DC Green Finance Authority is an instrumentality of the
District Government, not a private entity required to
register with the Office of Tax and Revenue.
Accordingly, DCGB cannot obtain a certificate of clean
hands nor a certificate of good standing .
DC Green Finance Authority is an instrumentality of the
District Government, and cannot obtain a Debarment
Affidavit
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
1909 Martin Luther King Jr. Ave, SE, Washington, D.C. 20020 (202) 442-7200 Fax (202) 645-5870
October 27, 2025
VIA ELECTRONIC MAIL
ANC Chairmans, and Commissioners,
Washington, DC
mailto: See addresses below
Re: STORM Revolving Loan Fund
Dear ANC Chairperson and Commissioners,
Pursuant to D.C. Official Code § 1-309.10 (2001 ed.), this letter serves as notice that the Department of
Housing and Community Development (DHCD) proposes to partner with D.C. Green Bank (DCGB) and
the D.C. Homeland Security and Emergency Management Agency (HSEMA) to administer the
Safeguarding Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund (STORM RLF)
program.
The program is supported by $19.9 million in federal STORM RLF grants from FY 2023 and FY 2024,
along with $1.8 million in local cost share from DHCD’s Housing Production Trust Fund. These funds
will capitalize a 0% loan to DCGB, which will issue 1–3% interest loans for hazard mitigation projects at
affordable housing developments across the District. Loans will have 18-year terms, with DCGB repaying
principal over up to 20 years. DHCD will seek Council approval for the full loan amount, and all
activities will comply with the Intended Use Plan and applicable reporting requirements.
Per District law, Advisory Neighborhood Commissions have 30 business days from the date of this notice
to submit comments. The Department will give great weight to all relevant ANC feedback. Chairpersons
are asked to share this notice with their Commissions.
Comments must be received by Wednesday, December 10, 2025, and should reference the subject matter
above. Submit comments via email to Pamela Hillsman at pamela.hillsman@dc.gov or by mail to:
Department of Housing and Community Development Office of the Director, Attn: Pamela Hillsman
1909 Martin Luther King Jr. Avenue SE, 4th Floor Washington, D.C. 20020.
For questions, please contact Jacob Willis at (202) 442-6970 or jacob.willis@dc.gov.
Sincerely,
Colleen Green
Director
cc: Robert C. White, Jr., At-Large Councilmember
Kent Boese, Office of Advisory Neighborhood Commissions
Email notice to the following ANC contacts:
ANC Chairs
1A04@anc.dc.gov; 1B06@anc.dc.gov; 1C03@anc.dc.gov; 1D06@anc.dc.gov;
1E07@anc.dc.gov; 2A03@anc.dc.gov; 2B08@anc.dc.gov; 2C01@anc.dc.gov;
2D01@anc.dc.gov; 2E06@anc.dc.gov; 2F03@anc.dc.gov; 2G04@anc.dc.gov;
3A01@anc.dc.gov; 3B02@anc.dc.gov; 3C03@anc.dc.gov; 3D05@anc.dc.gov;
3E03@anc.dc.gov; 3F06@anc.dc.gov; 3G01@anc.dc.gov; 4A01@anc.dc.gov;
4B02@anc.dc.gov; 4C03@anc.dc.gov; 4D08@anc.dc.gov; 4E02@anc.dc.gov;
5A03@anc.dc.gov; 5B01@anc.dc.gov; 5C03@anc.dc.gov; 5D05@anc.dc.gov;
5E04@anc.dc.gov; 5F04@anc.dc.gov; 6A05@anc.dc.gov; 6B08@anc.dc.gov;
6C02@anc.dc.gov; 6D02@anc.dc.gov; 6E05@anc.dc.gov; 7B03@anc.dc.gov;
7C07@anc.dc.gov; 7D08@anc.dc.gov; 7E04@anc.dc.gov; 7F01@anc.dc.gov;
8A05@anc.dc.gov; 8B05@anc.dc.gov; 8C07@anc.dc.gov; 8D01@anc.dc.gov;
8E03@anc.dc.gov; 8F03@anc.dc.gov;
General ANC email address (office/admin asst.)
1a@anc.dc.gov; 1b@anc.dc.gov; 1c@anc.dc.gov; 1d@anc.dc.gov; 1e@anc.dc.gov;
2a@anc.dc.gov; 2b@anc.dc.gov; 2c@anc.dc.gov; 2d@anc.dc.gov; 2e@anc.dc.gov;
2f@anc.dc.gov; 2g@anc.dc.gov; 3a@anc.dc.gov; 3b@anc.dc.gov; 3c@anc.dc.gov;
3d@anc.dc.gov; 3e@anc.dc.gov; 3f.anc@dc.gov; 3G@anc.dc.gov; 4a@anc.dc.gov;
4b@anc.dc.gov; 4c@anc.dc.gov; 4d@anc.dc.gov; 4e@anc.dc.gov; 5a@anc.dc.gov;
5b@anc.dc.gov; 5c@anc.dc.gov; 5d@anc.dc.gov; 5e@anc.dc.gov; 5f@anc.dc.gov;
6a@anc.dc.gov; 6b@anc.dc.gov; 6c@anc.dc.gov; 6d@anc.dc.gov; 6e.anc@dc.gov;
7b@anc.dc.gov; 7c@anc.dc.gov; 7d@anc.dc.gov; 7e@anc.dc.gov; 7f@anc.dc.gov;
8a@anc.dc.gov; 8b@anc.dc.gov; 8c@anc.dc.gov; 8d@anc.dc.gov; 8e@anc.dc.gov;
8f@anc.dc.gov; OANCS@dc.gov
GOVERNMENT OF THE DISTRICTOF COLUMBIA
PROFILE SUMMARY
(CONTRACTs TO PURCHASE,SELL,ACQUIRE,TRANSFER,LEASE OF REAL
PROPERTY/EXCLUSIVE RIGHT AGREEMENTS/LOANs & GRANTs OVER $1M/INTRA-
DISTRICTs)
ContractingAgency:Dept.HousingandCommunityDevelopment AgencyCode:
UsingAgency: Dept.HousingandCommunityDevelopment AgencyCode:
Loan/Grant/LeaseSub-recipientName:DC GreenFinanceAuthority/DCGreenBank
ShouldtheD.C.Councilhaveanyquestionsregardingthisloan/grant/lease,pleasecontact:
ProjectManagers:JacobWillis ‘TelephoneNumber:(202)442-7200
oO OLoan/Grant/LeaseModification 4. WrittenorInformalContract
|2.1 exerciseofGrantOptionYear(E.0)| 5.TT LeaseofRealProperty
3.MHI oan/GranvLeaseAgreementfor6) other;______
DCGreenFinanceAuthority
LOAN/GRANTTYPE
7 ome aml CostReimbursement
2. MlLoanPrice:$19,918,127.40 5.[_]TimeandMaterial
3. [[]Task Order 6.[-] AdvancePayment
Page1of4
GRANT/LOAN/LEASE INFORMATION
Grant/Loan/LeaseNo.:2025-174DHCD Amount:___$19,918.127.40(HPTF)
InterestRate:0%
DoesthisGrant/LoanAmountexceed$1million: Yes No []
Ifyes,pleaseattachacopyoftheDC Councilapprovalandprovidethefollowinginformation:
Datereceived: Dateapproved:
LEASEINFORMATION
LeaseNo.: TotalCost
Location: AnnualCost
Sq.Ft.Leased: CostPerSq.Ft.
TotalBldg.Sq.Ft % Sq.Ft.LeasedByD.C.
BRIEF DESCRIPTION OF GRANT/LOAN/LEASE
SOURCEOFFUNDING
Ty Approprated 4 cere
2. Capital 5.[oyInterlrisdetional
3. oO Grant( ) 6. a Other:HPTF
Ifprocurementactionisfundedbygrantorothernon-capitalornon-appropriatedfunds,willtheDistrictneedtoexpendsomeportionofitsfundspriortoreceivingfundsfromthegrantorototherfundingsource?
Yes 1 no NA
IfYes,indicatetheamounttheDistrictwillneedtoexpendandthepercentagethisamountrepresentsofthetotalfundsrequiredtosupporttheeffort.DistrictFunds$1,813,307.20
%I10
Page2of4
CRITICALISSUESASSOCIATEDWITHGRANT/LOANACTION
1. IsthisGrant/Loanoneofmultiple(morethanone)Grants/Loansforsimilargoods,services,etc.,awardedbytheAgencytothissubrecipient,orrelatedentity,withinthelasttwelve(12)months?
ME ves [No
2. Havereservedfundsbeenobligatedforpayment?(IfYes,ensuredocumentationisincludedinGranv/LoanFile).
Mi ves [1 xo
3. IstheFilecomplete?(IfYes,pleaseattachpertinentdocumentation).
Bi yes [] no
4, IsthesubrecipientasuecessortooraffliatedwithanotherindividualorbusinessthathasGrant/LoanwiththeAgency?
WE ives__| No
IfYes,nameofPredecessor/Aifiliate:AffiliatesorjointventuresoftheentitiesinvolvedinDC GreenFinance Authority/DC Green Bank LLC have been involvedinthe development of multipleDHCD-
supportedprojects.
5. IsaformerDistrictemployeeanowner,officer,oraffiliateofthesubrecipient?
IfYes,NameandAffiliation:
Pleasediscussanyothercriticalissuessuchastimeconstraints;healthandsafetyissues;or
financial/revenueproductionissuesthatshouldbeknown,
FUTUREINFORMATION/DOCUMENTATIONTOBESUBMITTEDTOAUTHORITY
IFGrant/LoanISAWARDED
sof2—Executed10-16-2025 2of2Executed10-24-2025GrantAwardYear:2023 GrantAvvardYear:2024FederalAwardID:EMW-2023-ST-00011A, FederalAward10:EMW-2024-ST-000114FederalAwardAmount:$6,702,896.4 ‘wardArnount:$13,215,234,LocalShaveArmount:$612,122.20 {LocalshareAmount$1,201,385PerformancePeriod:2/01/2025.3/19/2026 PerformancePeriod:12/16/2024-12/15/2026(GeantAwvardSubrecipients:D.C.HSEMA,DHCD,&OCGreenBark—GrantAwardSubrecipents:0.C,SEMA,DHCD,&DCGreenBank
Page3of4
CERTIFICATIONS
|certifythatthisproposedLoantotheGreenFinanceAuthoritybytheDepartmentofHousingand
CommunityDevelopment(DHCD)intheamountof$_$19,918,127.40willfacilitatesustainabilityandResiliencyloansforaffordablehousingdevelopmentslocatedintheDistrictacrossWards1-8,andis
incompliancewiththeapplicableFederalandDistrictofColumbiaRegulationsandDHCD’spolicies
andprocedures,
LhV7 M pofrves—ColleenGreen Date
Director,DHCD
CAE 14/7/2025
ChristopherEarley Date
DeputyDirector,DHCD
IhavereviewedthisProject'sbudgetanddeterminedthatitis withintheDistrict'sFinancial
PlanandBudgetforFY_2026 andthatfundsareavailabletosupporttheaction.
DigitallysignedbyBethanySpooner
BethanySpooner Date:202511.12130499-0500
BethSpooner Date
AgencyFiscalOfficer,DHCD
DETERMINATION
ThavereviewedthisProject'sbudgetandhavedeterminedthatitiswithintheDistrict's
FinancialPlanandBudgetforFY 2026andthatfundsareavailabletosupporttheaction.
Digitallysignedby LeroyClayIII
Le ro y Cla y II Date:2025.11.1215:11:50-05'00'LeroyClay,III Date
AssociateChiefFinancialOfficer
EconomicDevelopmentandRegulationCluster
Page4of4
KawmeeT
GOVERNMENT OF THE DISTRICT OF COLUMBIA.
DEPARTMENTOF HOUSINGAND COMMUNITY DEVELOPMENT
Officeof the General Counsel
acd
MEMORANDUM
TO: MurielE,Bowser
Mayor
THRU: JuliaH.Wiley,Generalcounser
DepartmentofHousingandCommunityDevelopment
FROM: —_DonnetteA.Cooper,AssistantGeneralCounselate
DepartmentofHousingandCommunityDevelopment
DATE: October 31,2025
SUBJECT: ProposedSafeguardingTomorrowThroughOngoingRiskMitigation
(“STORM”)loaninanamountnottoExceedNineteenMillionNineHundred
FighteenThousandOne HundredTwenty-Sevenand 40/100Dollars
($19,918,127.40)(the“STORM Funds”or"Loan")toGREEN FINANCE
AUTHORITY,commonlyreferredtoasDC GreenBank(the“Borrower”)
‘TheproposedLoantoDC GreenBankiscomprisedofSTORMgrantsfromtheUnitedStates
FederalEmergencyManagementAgencytotalingEighteenMillionOneHundredFourThousand
SixHundredTwentyand20/100Dollars($18,104,620.20)andHousingProductionTrustFund
(“HPTE”)matching/contributionfunds,intheamountofOneMillionEightHundredThirteen
ThousandFiveHundredSevenand20/100Dollars($1,813,507.20).TheLoanshallbeusedto
establishaResilientHousingforAllRevolvingLoanFundtoenhanceresiliencyagainstnatural
hazardsbyprovidingloansforprojectsandactivitiesthatmitigatetheimpactofdrought,intense
heat,severestorms,wildfires,floods,earthquakesandothernaturalhazards.TheDistrictof
Columbia,actingthroughtheDepartmentofHousingandCommunityDevelopment,shallloan
ce:
theSTORMFundstotheBorrower,andtheBorrowerwillusethesefundstoprovidelow-interest
loanstoeligibleaffordablehousingdeveloperstocompletesubstantialrehabilitationorsite
improvementprojectsthatenhanceresiliencyagainstnaturalhazards(the“STORMRLFLoan(s)).
TheprojectsfundedbySTORMRLFLoanswillbesubjecttoHPTFaffordabilityrestrictionsthat
willbeenforcedbyaffordabilitycovenantsthatrunwiththeland.
TheattachedLoanAgreementevidencingtheproposedLoanhasbeenpreparedbytheOfficeof
theGeneralCounseloftheDepartmentofHousingandCommunityDevelopmentandislegally
sufficientinaccordancewithallapplicablefederalandDistrictofColumbialaws.Ifyouhaveany
specificquestionsregardingthisLoancontract,pleasecontactDonnetteA.Cooperon(202)442-
7228.
ColleenGreen,Director
ChrisEarley,DeputyDirector
AndreGould,AssociateDirectorofMultifamilyFinanceJacobWillis,ProjectManager,DFD
Page 1
STORM RLF Agreement
SAFEGUARDING TOMORROW THROUGH ONGOING RISK MITIGATION
REVOLVING LOAN FUND
LOAN AGREEMENT
CONTRACT NO. 2025-174
THIS LOAN AGREEMENT ("Agreement" or “STORM RLF Agreement”) is made this
XX day of Month, 2025, (“ Effective Date ”) by and between GREEN FINANCE
AUTHORITY, commonly referred to as DC Green Bank, an independent instrumentality of the
District of Columbia (the " Borrower"), and the District of Columbia (the “ District”), a
municipal corporation acting by and through the D.C. Department of Housing and
Community Development (the "Lender", “DHCD” or “Department”).
RECITALS
1. Borrower's is an eligible financial institution under 10 B DCMR 4105.2. Borrower’s
principal place of business is at: 1140 19th Street NW, Suite 800, Washington, DC 20036
2. The District was awarded an aggregate amount of $19,918,127.40 through one or more
of Safeguarding Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund
(“STORM PROGRAM FUNDS ”) grants from the United States Federal Emergency
Management Agency (“FEMA”) pursuant to Section 205 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, PL 100-707; 42 U.S.C. 5131 et seq. (the “STORM
Act”), to establish a revolving Resilient Housing for All Revolving Loan Fund to enhance
resiliency against natural hazards by providing loans for projects and activities that mitigate
the impact of drought, intense heat, severe storms, wildfires, floods, earthquakes and other
natural hazards.
3. The District has designated the Housing Production Fund (“Housing Production Trust
Fund” or “HPTF”), as financial administrator of the District of Columbia Resilient
Housing for All Loan Fund . HPTF, which is administered by DHCD, shall receive and
manage the capitalization grant from FEMA, provide local cost-sharing funds for projects
funded by the Resilient Housing for All Revolving Loan Fund.
4. In accordance with District of Columbia Resilient Housing for All Revolving Loan Fund
– Intended Use Plan, dated May 24, 2023 submitted to and approved by FEMA, on
September 12, 2023 (the “ Intended Use Plan ”), a copy of which is attached hereto as
Exhibit B, the District, through The Lender, as administrator of the Housing Production
Trust Fund, will loan the Borrower an amount not less than $ 19,918,127 of which
18,104,620.20 is STORM PROGRAM FUNDS and $1,813,507.20 is District
matching/contribution funds which will be used by Borrower to provide loans to eligible
affordable housing developers (each, a “Developer”) to complete substantial rehabilitation
or site improvement projects that enhance resiliency against natural hazards (the “STORM
RLF Loan” or “Loan”).
Page 2
STORM RLF Agreement
5. The STORM RLF Loan is authorized pursuant to the Housing Production Trust Fund
Act of 1988, D.C., Code § 42 -2801 et seq. (2001 ed.) and the District of Columbia
Municipal Regulations Title 10B, Chapter 41 (collectively referred to herein as the “HPTF
Statutes”) and the STORM Act.
6. The Borrower will hold all funds from the STORM RLF Loan in the same account,
separate from other Borrower accounts and use the available principal balance of the
STORM RLF Loan to make loans to eligible affordable housing developers identified by
Lender to complete hazard mitigation projects at affordable housing developments
identified by the HSEMA as eligible projects that enhance resiliency against natural
hazards (the “STORM Development Loans”).
7. Lender and Borrower desire to set forth herein the terms and conditions that will be
applied to the STORM RLF Loan and the STORM Development Loans.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meaning ascribed
to them below.
Whenever any words are used in this Agreement in the masculine, feminine or neuter
gender, they shall be construed as though they were also used in another gender in all cases
where they would so apply, and whenever any words are used in this Agreement in the
singular or plural form, they shall be construed as though used in the other form in all cases
where they would so apply.
The captions and headings contained in this Agreement are included herein for
convenience or reference only and shall not be considered a part hereof and are not in any
way intended to limit the terms of this Agreement.
a) Affordability Covenant – The covenant that shall be entered into between the Lender and
each Developer as a condition of the closing of each STORM Development Loan. The
Affordability Covenant shall set forth the covenant of the Developer to cause the STORM
Project to remain contin uously affordable in accordance with the requirements of the
HPTF Statutes. The Affordability Covenant shall be recorded as a covenant against the
property comprising the STORM Project and shall run with the land for the term of the
covenant. Borrower shall require that the Developer provide evidence that it has entered
the Affordability Covenant with Lender, prior to or at closing on the STORM
Development Loan.
Page 3
STORM RLF Agreement
b) Deeds of Trust – A Deed of Trust on the property to be purchased or developed using
STORM Development Loan proceeds will be granted by Developer in favor of Borrower
to secure the repayment of the STORM Development Loan.
c) Developer – Must be an affordable housing developer which has been awarded an HPTF
loan by Lender to develop affordable housing for a project selected by HSEMA and
approved by the Borrower.
d) FEMA – The Federal Emergency Management Agency, is a U.S. government agency
within the Department of Homeland Security that coordinates the federal response to
major disasters and emergencies in the United States.
e) HPTF Statutes – Is defined in Recital No. 5.
f) HSEMA – Means the District of Columbia Homeland Security and Emergency
Management Agency.
g) Loan Documents – This Agreement, and the Note. If there is any conflict between this
Agreement and any of the other Loan Documents listed above, this Agreement shall be
the controlling document.
h) LOW-INCOME GEOGRAPHIC AREA – The term ‘low -income geographic area’
means an area described in paragraph (1) or (2) of section 301(a) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
i) Note – That certain promissory note made by Borrower, of even date herewith, as
amended from time to time which shall evidence Borrower's promise to Lender to repay
the Loan under the terms and conditions of the Loan Documents, the STORM Act, and
the HPTF Statutes.
j) Project – A project selected for further underwriting by Lender as part of a Consolidated
Request for Proposals issued by Lender that will receive a Housing Production Trust
Fund loan and which incorporates hazard mitigation features which promote resiliency
against natural hazards such as flooding, extreme heat, and other climate change related
impacts-that are approved by HSEMA and the Lender.
k) STORM Development Loan – The financing provided by Borrower to the Developer in
accordance with the terms of this Agreement. A STORM Development Loan may only
be made to a Developer and may only be used to fund a Project (as defined above).
STORM Development Loans may not exceed $5,000,000.00 per Project.
l) STORM Development Loan Documents – The loan documents executed by Developer
in favor of Borrower in connection with a STORM Development Loan, including,
without limitation, Deeds of Trust, Notes, and Financing Statements.
Page 4
STORM RLF Agreement
m) STORM Development Loan Request Summary – The summary of loan terms for each
STORM Development Loan in the format provided in Exhibit A attached hereto. There
must be a fully executed STORM Development Loan Request Summary for each
STORM Development Loan prior to DHCD and HSEMA approving such loan.
n) STORM RLF Loan – Is defined in Recital no. 6 above. The STORM RLF Loan will be
used by Borrower to make STORM Development Loans.
SECTION 1: STORM RLF LOAN PROVISIONS
The terms and conditions herein shall be applied to the STORM RLF Loan and for all
STORM Development Loans (as defined herein) that are closed after the date of this
Agreement.
(a) TERM OF STORM RLF LOAN: The term of the STORM RLF Loan shall be
from the Effective Date and end the later of (a) twenty (20) years from the Effective
Date or thirty (30) years if serving Low-Income Geographic Area. (“Loan Term”).
The maturity date of each STORM Development Loan shall not exceed the Loan
Term of the STORM RLF Loan.
(b) INTEREST RATE: (1) Interest on the STORM RLF Loan shall be ZERO percent
(0%) per annum. STORM RLF Loan proceeds that have not been or are not
currently invested in STORM Development Loans (“ Idle Funds ”) shall be
deposited in a separate interest -bearing account established by Borrower for the
deposit of STORM RLF funds, independent from other accounts and account
records. Any interest actually paid on Idle Funds may not be included in STORM
Development Loans and shall be paid to Lender as set forth in subsection (c) below.
Borrower shall provide a written accounting of Idle Funds and interest earned, on
a quarterly basis to Lender in accordance with Section 5 (m) of this Agreement.
(c) REPAYMENT: Borrower will commence repayment on the STORM RLF Loan,
through annual payments of principal and any interest, not later than one year after
completion of all Projects, consistent with STORM ACT 42 USCS 5135 (f), but in
all events only to the extent of proceeds available to Borrower from the proceeds
from the repayment of the STORM Development Loans, as set forth in more detail
below. The STORM RLF Loan will mature at the end of the Loan Term at which
time all outstanding STORM RLF Loan funds and any accrued interest shall be
repaid in full to the Lender , but only to the extent of proceeds paid to Borrower
from the repayment of the STORM Development Loans, as set forth in more detail
below. The Borrower may prepay all or any portion of the STORM RLF Loan to
Lender at any time prior to the expiration of the Loan Term without penalty or
premium. Lender may use the STORM RLF Loan payments to make additional
loans to Borrower to make additional STORM Development Loans. The Borrower
may return Idle Funds to the Lender at any time by check made payable to the “DC
Treasurer” and mailed to the Lender at Lender’s address in Section 16 hereof.
Borrower shall provide a written accounting of STORM Development Loans
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STORM RLF Agreement
outstanding and repaid, on a quarterly basis to Lender as further described in
Section 5 (m), below. Notwithstanding anything to the contrary in this STORM
RLF Agreement, and provided that Borrower has taken commercially reasonably
measures to enforce the terms of a defaulting STORM Development Loan and to
collect all monies due and owing from the Developer (inclusive of foreclosure),
Borrower’s liability for repayment of the STORM RLF Loan in full (including
accrued interest and any applicable fees) shall be limited to the amount of proceeds
Borrower receives from the repayment of STORM Development Loans which are
outstanding at the time of maturity of the STORM RLF Loan. For purposes of
clarity, Lender agrees that in the event a STORM Development Loan is not paid in
full, the amount due and owing on such STORM Development Loan shall reduce,
dollar-for-dollar, Borrower’s obligation to repay the STORM RLF Loan and any
corresponding fees or interest owing for such portion of the STORM RLF Loan
shall be written off or forgiven by Lender, to the extent permissible under the HPTF
Statues and the STORM ACT, except that any monies received by Borrower from
a Developer after maturity, shall be remitted to Lender in satisfaction of the
STORM RLF Loan.
Borrower shall calculate interest earned on Idle Funds on a quarterly basis. Interest
earned minus administrative and management fees and expenses of the Borrower
shall be remitted to Lender no later than thirty (30) calendar days following the end
of each calendar quarter, accompanied by a written accounting statement showing
the calculation of such interest. Payment shall be made by check payable to the
“DC Treasurer” or by electronic transfer as directed in writing by Lender.
Any repayments of STORM Development Loans received by Borrower after the
maturity date of the STORM RLF Loan shall be promptly remitted to the Lender
within thirty (30) calendar days of receipt, unless the Lender, in its reasonable
discretion, consents in writing to allow such repayments to be retained by Borrower
for re-lending or related eligible uses consistent with the Intended Use Plan and
applicable federal and District law. Borrower shall document and report such
repayments in its close-out report.
(d) DISBURSEMENT OF FUNDS: Lender shall disburse the STORM RLF Loan
funds to Borrower within five (5) business days from the date that the STORM RLF
Agreement is approved by the District of Columbia Council.
(e) USE OF LOAN PROCEEDS: Borrower shall deposit the STORM RLF Loan
funds into a segregated interest -bearing account, for the exclusive purpose of
making STORM Development Loans in accordance with this STORM RLF
Agreement. Borrower shall use all the STORM RLF Loan funds to make STORM
Development Loans by no later than twenty -four (24) months from the receipt of
funds from Lender. Any STORM RLF Loan funds that have not been committed
to a STORM Development Loan shall be repaid to the Lender within five (5)
business days of the second anniversary after the Effective Date.
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STORM RLF Agreement
(f) SCOPE OF SERVICES PROVIDED BY BORROWER: The Borrower shall
market, underwrite, originate and service STORM Development Loans and comply
with Lender’s reporting requirements, all as set forth in Exhibit B . Borrower’s
performance of services hereunder shall be substantially consistent with the
Intended Use Plan. Any quarterly reports that Borrower needs to provide to Lender
shall be provided by the 15th of March, June, September, and December.
(g) BORROWER’ FEES: Borrower may charge its usual fees for loan applications
and closings, which shall not exceed: 1.25% of each STORM Development Loan
amount. Borrower shall also pass through to be paid by the Developer from
STORM RLF Loan funds or its own funds any of its fees and expenses of its
third-party service providers, including its lawyers, accountants, consultants, and
other service providers. The fees of the Borrower’s third-party service providers,
including its lawyers, accountants, consultants, and other service providers, are
over and above the 1.25% cap.
(h) STORM Development LOAN REQUEST SUMMARY: DHCD will verify with
the development teams which construction measures are related to mitigation
against natural hazards and the costs associated with those. DHCD will then submit
a list of these projects and the resiliency -related budgets for each such project to
HSEMA, at which point DHCD and HSEMA will discuss and come to an
agreement about which projects should be selected to receive STORM Loans and
at what amounts. Those recommendations will then be submitted to the Borrower
to complete its own underwriting of STORM Loans and required analysis that is
associated with the underwriting process.
Borrower shall provide to DHCD, in its capacity as Lender, a DHCD Loan Request
Summary in the format provided in Exhibit A (including DHCD Form 202
spreadsheet), attached hereto, completely filled out for each STORM Development
Loan that Borrower desires to make. Lender shall have ten (10) business days from
the date of receipt of each STORM Development Loan Request Summary to either
approve or reject the specific STORM Development Loan by indicating same in
the appropriate space at the end of the STORM Dev elopment Loan Request
Summary. In the event that Lender does not reject such STORM Development Loan
in writing within such time frame, then the STORM Development Loan shall be
deemed approved. The following terms shall be set forth in detail in each STORM
Development Loan Request Summary:
a. STORM Development Loan Amount – may not exceed $5 million per
Project;
b. STORM Development Loan Term – up to 18 years from STORM
Development Loan closing;
c. STORM Development Loan Interest Rate – not more than 1% per
annum;
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STORM RLF Agreement
d. STORM Development Loan Repayment – Interest only the first 3 years,
payment of principal and interest years 4 -18 based on a 35 -year
amortization schedule. All remaining principal and interest is due at the
STORM Development Loan maturity date;
e. STORM Development Project – a description of the project to be funded
with the proceeds of the STORM Development Loan including the
resiliency features that reduce the risk of natural hazards and promote
resiliency against natural hazards; and the income levels of the households
to be served;
f. Underwriting Standards – a statement from Borrower that the STORM
Development Loan meets the Borrower’s minimum underwriting
requirements;
g. Project Affordability – the amount of DHCD funds invested in proportion
to the total development costs of the Project, as such is defined in 10
DCMR § 4199;
h. Developer – contact information and organizational information. The
Borrower shall certify that the origination of the STORM Development
Loan does not create either a real or potential conflict of interest between
any of the officers, members or employees of the Borrower and any of the
officers, members or employees of the Developer;
i. STORM Development Loan Collateral – type of collateral pledged to
secure the repayment of the STORM Development Loan, including the
loan to value based on recent appraisal(s) and the collateral position of the
STORM Development Loan;
j. STORM Development Loan Fees – a list of estimated fees in accordance
with 1(g) herein; and
k. STORM Development Preliminary Project Development Schedule – a
specific schedule for the Project development milestones including
environmental review, securing development entitlements, developing,
and submitting for approval designs and construction drawings, selecting
a contractor, and obtaining construction an d permanent financing
commitments (found in the DHCD Form 202 spreadsheet used by DHCD
to underwrite affordable housing financing requests).
(i) AFFIRMATIVE Marketing PLAN: Borrower shall request that each Developer
submit an Affirmative Marketing Program Statement of Intent to DHCD on or
about the time that Borrower submits the STORM Development Loan Request
Summary to DHCD for approval. Borrower shall not fund the STORM
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STORM RLF Agreement
Development Loan until the Affirmative Action Program Statement of Intent has
been submitted to and approved in writing by DHCD.
(j) AFFORDABILITY COVENANT: As a condition of closing each and every
STORM Development Loan, each Developer shall enter into an Affordable
Housing Covenant with Lender substantially in the form attached hereto as Exhibit
C for their respective Project. The Borrower shall require the Developer to provide
evidence that Developer has entered into the Affordability Covenant prior to or at
closing on the STORM Development Loan. Borrower shall cause the Affordability
Covenant to be recorded in the land records of the District of Columbia, prior to the
recordation of the Borrower’s deed of trust, as a lien against the property
(“Property”) securing the STORM Development Loan. The Affordability
Covenant shall run with the land and shall bind the Property and benefit the Lender
for the term of the Affordability Covenant, or until such covenant is released by
Lender. Borrower and Lender acknowledge and agree that the Borrower shall have
no obligation to enforce the provisions of the Affordability Covenant. In the event
that the Property is acquired by the Borrower through foreclosure or through a deed
in lieu of foreclosure or otherwise, Lender shall release the Affordability Covenant
three (3) months after the date of such acquisition if the following conditions are
met: ( 1) the Property has not been developed (rehabilitated or constructed) and
initially rented as affordable housing; (2) Lender or its assignee has not exercised
the right to purchase such Property in accordance with the Agreement; and (3) the
Developer has not retained or re-acquired an ownership interest in the Property.
(k) STORM Development Loan Documents: The Borrower agrees to send DHCD a
fully executed set of STORM Development Loan Documents for each STORM
Development Loan with a receipt from the DC Recorder of Deeds indicating the
recordation date and instrument number therefore, within fifteen (15) days of
STORM Development Loan closing.
SECTION 2: REPRESENTATIONS AND WARRANTIES OF BORROWER
The Borrower to the best of its knowledge and belief, represents and warrants to Lender
the following which shall be true and correct as of the date hereof:
(a) The execution of the documents required herein, and the performance required
there under will not violate any other agreement or instrument to which the
Borrower is a party.
(b) There have not been any changes made, or caused to be made, by Borrower in the
financial condition, assets, liabilities, business or prospects of the Borrower other
than changes in the ordinary course of business (none of which is materially adverse
to Borrower) since the date of Borrower’s Response.
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STORM RLF Agreement
(c) On the Effective Date, there will not be pending or, to the best of Borrower’s actual
knowledge, threatened any litigation, proceeding or investigation, which may result
in any material and adverse change in the financial condition, assets, liabilities,
business or prospects of the Borrower, and Borrower does not know of any basis
for any such litigation, proceeding or investigation.
(d) The Borrower holds or will obtain all licenses, certificates, permits, franchises and
rights, from all appropriate federal or District of Columbia authorities necessary to
participate in STORM program and perform the services required hereunder.
(e) There are no actions or proceedings pending or, to the best of Borrower’s actual
knowledge, threatened against the Borrower to liquidate or reorganize it or place it
into receivership.
(f) All federal and District of Columbia withholding, sales, franchise or real estate
taxes due or payable, either pursuant to assessment against the Borrower, or a
payment obligation contained in a lease or other contract or agreement, have been
paid by the Borrower or provision for the payment of the same has been made, as
of the Effective Date, as applicable.
(g) Any financial statements of the Borrower furnished to Lender are true, correct and
complete, as of the date of certification of same.
SECTION 3: OMISSIONS AND RELIANCE
(a) To the best of its knowledge, Borrower warrants and represents to Lender that the
statements contained in this STORM RLF Agreement, all material documentation
provided to and relied by Lender or its representatives and all other representations
or statements made by Borrower to Lender or its representatives in connection with
the Loan Documents are true and complete and do not omit any fact or information
material to Lender's evaluation of said application of and Borrower's compliance
with the conditions of the Loan Documents. Borrower acknowledges that Lender
has relied on this warranty and representation in connection with making the
STORM RLF Loan. If Borrower has made any misrepresent ation in connection
with the application for and disbursement of this STORM RLF Loan, such shall be
a default under the Loan entitling the Lender to exercise its right to accelerate the
maturity of the STORM RLF Loan and exercise any and all other default remedies.
(b) Notwithstanding any investigation conducted before or after the Effective Date, and
notwithstanding any facts and circumstances which any party may learn as a result
of such investigation or otherwise, the parties shall be entitled to rely upon the
warranties and representations set forth herein.
SECTION 4: LENDER'S COSTS AND EXPENSES
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STORM RLF Agreement
The Borrower agrees to seek reimbursement for Lender’s and Borrower’s costs and
expenses incurred in connection with, and enforcement of the loan documents against the
Developer per the STORM Development Loan Agreement but Borrower shall not be liable
to Lender for such costs and expenses except to the extent Borrower actually recovers such
costs and expenses from the Developer.
SECTION 5: BORROWER'S COVENANTS
(I) Until payment in full of the Note, together with all interest and charges accrued thereon,
if any, has been received by Lender, the Borrower covenants that it has or will:
(a) Cooperate with the Lender, its representatives and duly authorized agents in the
collection, enforcement and financial disclosures respecting this STORM RLF
Agreement.
(b) Comply with all applicable United States and District of Columbia statutes and
government regulations and pay promptly all taxes, assessments, governmental
charges, claims for labor, supplies, rent and other obligations relating to Borrower,
except liabilities being contested in goo d faith and against which, if requested by
the Lender, the Borrower will establish a reserve satisfactory to the Lender.
(c) Use the STORM RLF Loan funds solely for the purposes set forth in the Loan
Documents.
(d) Comply with the requirements of the Loan Documents.
(e) Require the Developer, in the STORM Development Loan Documents, to complete
the Project in compliance with the statutory and regulatory requirements applicable
to the use of HPTF that include, but are not limited to, the affordability regulations
contained in 10 DCMR Chapter 41 and the STORM Act, Section 205 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, PL 100-707; 42 U.S.C.
5131 et seq.
(f) Require the Developer, in the STORM Development Loan Documents, to comply
with the income requirements of the HPTF Statutes and the continuing affordability
requirements. Borrower shall require the Developer to enter into the Affordability
Covenant as a condition of closing the Loan, and Borrower shall have the
Affordability Covenant recorded in the land records of the District of Columbia,
prior to the recordation of Borrower’s deed of trust, as a covenant against the
property comprising the Project. In the future, if no HPTF construction loan is made
to finance a project slated to receive a STORM Development Loan, an affordable
housing covenant will need to be entered into for the STORM Development Loan
to comply with HPTF law (the form of which is included in Exhibit C).
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STORM RLF Agreement
(g) Require that all written or printed materials distributed or posted by the Developer
which publicize the Project shall state that it is being funded by the Borrower,
DHCD and HSEMA. Further, announcement by Borrower or the Developer of all
events that publicize the activity or project shall acknowledge funding by the
Lender. This may include, but is not limited to, newspaper announcements or
advertisements, flyers, postings, any radio and television announcements.
(h) Reserved.
(i) Require the Developer, in the STORM Development Loan Documents, to comply
with the terms of the Fair Housing Act. The regulations, as described in 24 CFR
Part 14 et al., are applicable to planners, architects, developers, tenants,
homeowners, condominium associations, management companies, advertisement
agencies, an d anyone involved in the sale, rental, financing, or management of
privately or government funded housing from discriminating against prospective
tenants or homeowners based on race, color, national origin, sex, religion, disability
and familial status.
The Act also contains design and construction accessibility provisions for certain
new multifamily dwellings developed for first occupancy on or after March 13,
1991. If a multifamily construction project has five (5) or more dwelling units, it is
subject to the accessibility and adaptability requirement of the Act. Furthermore, a
multifamily building with an elevator must meet the Act's design and construction
requirements regarding all of the dwelling units; if there is no elevator, then all of
the ground floor dwelling units must meet the Act's requirements.
The Act also requires housing providers to make reasonable accommodation in
rules, policies, practices or services, when such accommodation may be necessary
to afford prospective tenants or home-owners equal opportunity to use and enjoy a
dwelling.
(j) Require the Developer, in the STORM Development Loan Documents, to comply
with the Davis-Bacon and Davis Bacon Related Acts (DBRA) – 40 U.S.C. § 3141,
et seq. and 42 U.S.C. § 5310:40 U.S.C. § 3701, et seq.; 29 CFR Parts 1, 3, and 5.
As part of its screening and project selection responsibilities, Lender shall conduct
all Davis-Bacon Act compliance functions, including making initial applicability
determinations, issuing appropriate wage decisions, and conducting wage
compliance monitoring throughout the duration of the construction activity.
Borrower sh all ensure that the STORM Development Loan Request Summary
includes the relevant wage determination and verification of Developer
acknowledgment of DBRA responsibilities. Borrower shall rely on Lender to fulfill
these requirements and shall have no indepen dent obligation to review or monitor
certified payrolls or other labor standards documentation.
(k) Without the prior written consent of DHCD, not to be unreasonably withheld,
Borrower shall not make or consent to any modification or alteration of any of the
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STORM RLF Agreement
terms set forth in a STORM Development Loan Request Summary that has been
approved by DHCD, if such modification or alteration would materially change
such terms.
(l) Keep all books, records, documents and correspondence pertaining to the STORM
RLF Loan and the individual STORM Development Loans (collectively referred to
herein as “Records”) for at least seven (7) years from the date of such Record(s).
Make all Records available to Lender for review during normal business hours upon
three (3) days’ notice from Lender.
(m) Prepare a compiled quarterly report for Borrower on the payment status for each
STORM Development Loan. Such report shall be submitted no later than five (5)
days following the end of each quarter and include the following information:
• Project Name
• Project Address
• Committed Loan Amount
• Current Unpaid Principal
• Last Payment Date
(n) Create a dedicated fund for repayment of the STORM RLF Loan from the
repayments of the STORM Development Loans.
(II) Representations and Warranties of Lender. As of the date hereof, Lender represents and
warrants that Lender is an instrumentality of the District of Columbia Government duly
organized, validly existing and in good standing under the laws of the District of
Columbia and has all requisite corporat e power and authority to enter into this
Agreement and to carry out the transactions contemplated hereby.
SECTION 6: ORGANIZATIONAL AUDIT
Borrower shall submit an annual audit or financial statement to Lender within one
hundred twenty (120) calendar days of the end of the Borrower's fiscal year.
Note to All Borrowers: All Borrowers must ensure their financial records are available
for review or audit by appropriate officials of the Federal Government and the District
Government.
Within fifteen (15) days of Agreement execution, the Borrower shall submit to Lender
lending policies and procedures that are to be in effect during the term of this Agreement.
These policies and procedures shall be in accordance with the requirements of 2 CFR Part
200. The Borrower shall be responsible for following and implementing these procedures
and policies for all aspects of lending under this Agreement.
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STORM RLF Agreement
If the Borrower has previously submitted these documents, and the documents have not
changed, the Borrower may submit, within fifteen (15) days of Agreement execution, a
certified statement (the "Re-certification Letter") indicating when the most current
document was submitted to the District and certifying that no changes to these policies
and procedures have since been made.
Summary of Report Deliverables and Receipt Due Dates:
Report Receipt Due Date
1
Monthly Performance Report
No later than the 10th day of each
month
2 Quarterly Beneficiary Data No later than January 10th, April
10th, July 10th and October 10th – a
separate report for each use: PS-
NPS-NRSA
3 Final Disbursement/Expense Report October 10th of each year
4 Lending Policies and Procedures Within 15 days of execution of the
Agreement, unless Recertification
with attestation is submitted
Report Receipt Due Date
5 Independent Financial Audit Within 120 Days of the Close of the
Borrower’s Fiscal Year
6 Single Audit Report Within 30 Days of submission to the
Federal Audit Clearinghouse
7 Auditor’s Management Letter Submitted with the submission of
the Audit
8 Requests to revise Budgets and/or
Workplans
Prior to the 1st day of June
9 Borrower’s Close-Out Report
(Section XV .)
Inventory Report & Annual Report
Within 90 Days of the end of a
Performance Period
Accounting/Audit Requirements:
(i). Borrower shall maintain complete and accurate records and documentation of all
costs incurred under this Agreement in accordance with the instructions of the Lender
and organized in a manner that identifies the cost categories set forth in Exhibit B.
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STORM RLF Agreement
(ii) Accounting records shall be maintained, at a minimum, on a double entry, accrual
basis. All costs shall be supported by properly executed payrolls, invoices, contracts,
vouchers, purchase orders or other accounting documents pertaining in whole or in part to
this Loan. These records shall be clearly identified, legible, and readily accessible to the
Department.
(iii) Any funds provided to the Borrower or required for escrow by third parties on
behalf of the Borrower for carrying out activities under this Loan Agreement, shall be
placed in a separate interest-bearing account at a financial institution acceptable to the
Lender. All interest earned from this account is to be submitted to the Lender by or
through the Borrower.
(iv) The Borrower shall obtain audits as provided herein. Any deficiencies noted in
the audit reports must be fully cleared by the Borrower within sixty (60) days after
receipt by the Borrower.
(v) Failure of the Borrower to comply with the audit requirements of this Loan
Agreement shall constitute a default of this Loan and may result in the withholding of
future payments and/or debarment from participation in future Loans.
(vi) The Loan Administrator is:
Kelly Anne Morrow
Associate Director for Office of Program Monitoring
DC Department of Housing and Community Development
1909 Martin Luther King Avenue SE, Room 304
Washington, D.C. 20020
202-442-6987
All concerns regarding the technical implementation and interpretation of this Loan
Agreement are to be referred to the Loan Administrator or his/her designee. The Loan
Administrator has the authority to approve administrative adjustments (including, but not
limited to, line-item changes and terms) where there is no dollar increase.
Borrower may request, in writing, an extension of any reporting or audit submission
deadline set forth in this Agreement. Such request must be submitted to Lender no later
than ten (10) calendar days prior to the applicable due date. Lender may approve such
extensions for good cause, provided that the extension does not cause Borrower to fall
out of compliance with applicable federal reporting requirements, including 2 CFR Part
200.
Borrower is required to adhere to all federal and local statutes required for receiving and
administering the STORM RLF Loan funds from HSEMA and DHCD.
SECTION 7: ASSIGNMENT OF STORM RLF LOAN FUNDS
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STORM RLF Agreement
The Borrower agrees not to assign, pledge or transfer this STORM RLF Agreement or any
right or interest in any payment or Loan disbursement due pursuant to this STORM RLF
Agreement, except as provided under the Loan Documents or consented to by the Lender,
which consent shall not be unreasonably withheld, conditioned, or delayed . Borrower
agrees not to assign, transfer, pledge or sell any STORM Development Loan, except as is
provided in Section 8 (2) hereof.
SECTION 8: DEFAULT/REMEDIES
(1) Subject to any notice requirement, grace period or right to cure specifically set forth
in any of the Loan Documents, the occurrence of any one or more of the following
events shall constitute a default by the Borrower whereupon the Note shall become
immediately due and payable without presentation, demand, protest, or notice of
any kind, all of which are hereby expressly waived, and Lender shall be entitled to
all rights and remedies available to it under the law and as set forth in the Loan
Documents.
(a) A breach, nonpayment, failure of performance, or default by the
Borrower of any covenant, term, condition, or provision of this
STORM RLF Agreement or the other Loan Documents that shall
remain uncured after thirty (30) days notice from the Lender.
(b) The making of any representation or warranty by the Borrower
which is false or erroneous and is adverse to Lender's interests.
(c) The liquidation, insolvency, entry into receivership or bankruptcy of
the Borrower.
(2) Borrower assumes the full responsibility for enforcing the provisions of each
STORM Development Loan. In the event of a default of a STORM Development
Loan, the Borrower shall act in a commercially reasonable manner and otherwise
in the best interests of the Borrower and the Lender in responding to such default
and in protecting the Borrower’s and Lender’s interests in recouping their
respective loan funds. Borrower shall send the Lender a copy of all default notices
sent to any Developer, at the same time that such notice is sent to the Developer.
Borrower shall promptly provide the Lender with a copy of all responses to such
default notices from the applicable Developer.
(3) In the event that Borrower reasonably determines that the Developer will not be
able to cure the default, Borrower shall use its reasonable discretion to determine
whether to initiate foreclosure or to transfer the STORM Development Loan to
another Develop er who shall assume the responsibilities of the STORM
Development Loan. Borrower shall provide Lender with prior written notice of any
event(s) of default giving rise to a right of foreclosure or to a deed in lieu of
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STORM RLF Agreement
foreclosure related to a STORM Development Loan. Subsequent to Lender’s
receipt of any such notice from Borrower, Lender shall, in its sole discretion, have
the right to, upon not less than 30 days’ prior written notice to Borrower (i) remedy
any default(s) associated with the said prospective foreclosure or deed in lieu of
foreclosure, (ii) purchase the property relating to such STORM Development Loan
for an amount not greater than the Borrower’s investment in such STORM
Development Loan, unpaid interest, and reasonable expenses, or (iii) assign such
rights of Lender herein mentioned to a third party, selected and approved by the
District. In any such event, Lender shall seek reimbursement of its fees and
expenses from the Developer pursuant to the STORM De velopment Loan
Documents.
(4) Notwithstanding anything to the contrary in this STORM RLF Agreement, and
provided that Borrower has taken commercially reasonable measures to enforce the
terms of a defaulting STORM Development Loan and to collect all monies due and
owing from the Developer, Borrower’s liability for repayment of the STORM RLF
Loan in full (including accrued interest and any applicable fees) shall be limited to
the amount of proceeds Borrower receives from the repayment of STORM
Development Loans which are outstanding at the time of maturity of the STORM
RLF Loan. For purposes of clarity, Lender agrees that in the event a STORM
Development Loan is not paid in full, the amount due and owing on such STORM
Development Loan shall reduce, dollar -for-dollar, Borrower’s obligation to repay
the STORM RLF Loan and any corresponding fees or interest owing f or such
portion of the STORM RLF Loan shall be written off or forgiven by Lender, to the
extent permissible under the HPTF Statutes and the STORM ACT, except that any
monies received by Borrower from a Developer after maturity, shall be remitted to
Lender in satisfaction of the STORM RLF Loan.
SECTION 9: NO WAIVER
No waiver by Lender of any provision of this STORM RLF Agreement shall be deemed
to be a continuing waiver. No waiver of any of Lender's rights shall be binding upon the
Lender unless Lender approves such waiver in writing.
SECTION 10: ENTIRE STORM RLF AGREEMENT/ ENFORCEABILITY/
MODIFICATION
This Agreement, in conjunction with the other Loan Documents, constitutes a full and
complete understanding between the parties. This Agreement shall be valid, binding and
enforceable against the parties hereto and their successors and assigns, and the par ties
warrant that the persons executing this Agreement on their behalf are authorized to do so.
None of the terms or provisions of this Agreement may be changed, waived, modified,
discharged or terminated except by a written modification executed by both parties hereto.
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STORM RLF Agreement
SECTION 11: CONFLICT OF INTEREST/ LIMIT OF LIABILITY
(1) Federal and District laws strictly prohibit any person who exercises or has
exercised any functions or responsibilities with respect to DHCD-assisted
activities or who is in a position to participate in a decision making process or
gain inside information with regard to such activities from obtaining a financial
interest or benefit from a DHCD-assisted activity, or have a financial interest in
any contract, subcontract, or STORM RLF Agreement with respect to a DHCD-
assisted activity.
Further, as it relates to the procurement of supplies, equipment, construction and
services, recipients of HPTF and STORM monies are held to the conflict-of-
interest provisions of the District and federal law. Borrower shall submit a copy
of its conflict of interest policies and procedures to Lender within fifteen (15)
days of the Effective Date.
(2) No member, official, or employee of either Lender or Borrower shall be
personally liable to either party hereto or any successor in interest in the event of
any breach of this Agreement by either party or for any amount which may
become due to either party or its successors or assigns on any obligations under
the terms of this Agreement.
(3) All acts, including any failure to act, relating to the STORM RLF Loan, by any
agent, representative or designee of the Lender are performed solely for the
benefit of Lender to assure repayment of the STORM RLF Loan and are not for
the benefit of the Borrower or for the benefit of any other person, including
without limitation, purchasers, tenants or other occupants. Acceptance by the
Borrower of this STORM RLF Agreement shall evidence its agreement to
indemnify the Lender, its employees, agents and representatives and to hold them
harmless against any loss or expense resulting from any and all claims, actions,
settlement or liability for acts or failure to act in connection with the STORM
Development Loan or this STORM RLF Loan.
(4) Nothing herein shall be deemed to have created a joint venture or partnership
between the parties; and neither of the parties shall be obligated for the acts or
omissions of the other in any matter whatsoever, except as expressly provided
herein.
SECTION 12: WAIVER OF JURY TRIAL/ SERVICE OF PROCESS/ COURT COSTS
The Borrower agrees that any lawsuit between the Lender and Borrower shall be decided
by a judge, without a jury. Borrower hereby irrevocably designates Corporation Service
Company, a Delaware corporation, and his/her successors in office, as the true and lawful
attorney of Borrower for the purpose of receiving service of all legal notices and process
issued by any court in the District as well as service of all pleadings and other documents
Page 18
STORM RLF Agreement
related to any legal proceeding or action arising out of this STORM RLF Agreement.
Corporation Service Company may be served at:
Corporation Service Company
1090 Vermont Avenue, N.W.
Washington, D.C. 20005
Borrower agrees that service upon said attorney shall be valid regardless of Borrower's
whereabouts at the time of such service and regardless of whether Borrower receives a
copy of such service, provided that the Lender shall have mailed a copy to Borrowe r in
accordance with the notice provisions herein. Notwithstanding the foregoing, Lender
agrees to use reasonable efforts, in Lender's sole discretion, to provide Borrower with
notice of the filing of any lawsuit by Lender against Borrower.
SECTION 13: NO THIRD-PARTY BENEFICIARIES
The terms and provisions of this Agreement are for the benefit of the parties hereto, and no
other person shall have any right or cause of action on account hereof.
SECTION 14: COUNTERPARTS
This Agreement may be signed in counterparts, any of which together with all executed
signature pages shall constitute a fully executed and binding Agreement.
SECTION 15: TIME OF ESSENCE
Time is of the essence of each and every provision of this STORM RLF Agreement.
SECTION 16: SEVERABILITY/ GOVERNING LAW
In the event that any provision of this STORM RLF Agreement shall be held to be
unenforceable under the law, all remaining provisions of this STORM RLF Agreement
shall be binding, valid and enforceable. This STORM RLF Agreement shall be governed
by the laws of the District.
SECTION 17: NOTICES
Notices required herein shall be deemed to have been given and received, three (3) business
days after having been sent to the appropriate party listed below, by regular and certified
mail, or one (1) business day after having been sent by messenger or fac simile
Page 19
STORM RLF Agreement
transmission. The addresses below may be changed by written notice to the appropriate
party.
NOTICE TO LENDER:
D.C. Department of Housing and
Community Development
1909 Martin Luther King Jr. Ave, SE
Washington, D.C. 20020
Attn: Director
Attn: Associate Director of Asset Management
Tel.: 202-442-7200
With a copy to:
The Office of the General Counsel
1909 Martin Luther King Jr. Ave, SE
Washington, D.C. 20020
Attn: General Counsel
NOTICE TO BORROWER:
GREEN FINANCE AUTHORITY (DC Green Bank)
1140 19th Street NW
Suite 800
Washington, D.C 20036
Attn: Chief Executive Officer
With a copy to:
TIBER HUDSON LLC
1800 M Street NW
Suite 350
Washington, D.C 20036
Attn: Malik Edwards, Esq.
SECTION 18: NOTICE OF NON-DISCRIMINATION
In accordance with the D.C. Human Rights Act of 1977, as amended, D.C. Official Code
Section 2-1401.01 et seq., (Act) the District of Columbia does not discriminate on the basis
of actual or perceived: race, color, religion, national origin, sex, age, marital status,
personal appearance, sexual orientation, familial status, family responsibilities,
matriculation, political affiliation, disability, source of income, or place of residence or
business. Sexual harassment is a form of sex discrimination, which is also prohibited by
the Act and Mayor’s Order 2023 -131 (Updated District Government Sexual Harassment
Policy, Guidance, and Procedures), which is attached hereto as Exhibit C. In addition,
harassment based on any of the above protected categories is also prohibited by the Act.
Discrimination in violation of the Act will not be tolerated. Violators will be subject to
disciplinary action.
Page 20
STORM RLF Agreement
SECTION 19: ANTI-DEFICIENCY ACT LIMITATIONS
Notwithstanding any other provision of this Agreement to the contrary, any and all
provisions which, may, could or appear to obligate Lender are and shall remain subject to
the limitations of the Anti-deficiency Act, prescribed under 31 U.S.C. §§ 1341, 1342, 1349
and 1351, as made applicable to the District of Columbia under D.C. Official Code § 47-
105; §§ 47-355.01 – 355.08, as the foregoing statutes may be amended from time to time.
If such provision(s) shall be in violation of the Anti -deficiency Act, t hat particular
provision, as applicable to Lender, shall be void ab initio.
SECTION 20: INSURANCE REQUIREMENTS
Borrower shall include a provision in the STORM Development Loan Documents
requiring the Developer to maintain, at all times during the term of the STORM
Development Loan Documents, at its sole cost and expense, for the mutual benefit of
Borrower and Lender, all of the insurance specified in Exhibit D, with such modifications
thereof or deviations therefrom which may be approved by Lender in writing from time to
time.
SECTION 21: CONFLICT WITH PROGRAM REQUIREMENTS
In the event of a conflict between this Agreement and the STORM Act, the STORM ACT
shall control.
[signatures on the next page]
Page 21
STORM RLF Agreement
IN WITNESS WHEREOF, the Lender and the Borrower have caused this
Agreement to be executed and attested by their respective duly authorized representatives
and affixed their respective seals hereto on the day and year first written above.
LENDER:
District of Columbia, a municipal
Corporation, acting by and through the
Department of Housing and Community
Development
By: _______________________
Director
Approved as to Legal Sufficiency:
By: ________________________
Office of General Counsel
WITNESS/ATTEST BORROWER:
GREEN FINANCE AUTHORITY,
commonly referred to as DC Green Bank, an
independent instrumentality of the District
of Columbia
By: ________________________ By: _____________________________
Name:____________________ Name: Brandi A. Colander
Title:_____________________ Title: CEO
(Corporate Seal)
I HEREBY CERTIFY THAT the foregoing STORM RLF Agreement was executed and
delivered pursuant to, and in strict conformity with the provisions of the Articles of
Incorporation and Borrowing Resolution for GREEN FINANCE AUTHORITY,
commonly referred to as DC Green Bank, an independent instrumentality of the District
of Columbia
By: _________________________
Name: _______________________
Title: _______________________
Page 22
STORM RLF Agreement
List of Exhibits
:
Exhibit A: STORM Development Loan Request Summary
Exhibit B: DC Resilient Housing for All Revolving Loan Fund - Intended Use Plan
Exhibit C: Mayor’s Order 2023-131 (Updated District Government Sexual Harassment
Policy, Guidance, and Procedures)
Exhibit D: Insurance Requirements
Exhibit A:
STORM RLF Loan Request Summary
LOAN REVIEW COMMITTEE VERSION ONLY
SUMMARY OF LOAN TERMS AND PROJECT DETAILS
Project Name: Resilient Housing For All Loan Fund
Borrower Name: DC Green Finance Authority / DC Green Bank
Project Address: 1140 19th Street NW, Suite 800
Washington, DC 20036
DHCD Project Manager: Jacob Willis
Funding Round: U.S. Federal Emergency Management Agency- STORM FY 2023 and
FY 2024 NOFA
Last Updated: Director’s Decision Memo approved on 10/24/25
Funding Description
Gap Funding Amount: Amount not to exceed [$19,918,127.40]
Tax Credit Allocation: N/A
Loan or 9% LIHTC
Increase Approved:
N/A
Funding Source(s): X Housing Production Trust Fund (HPTF) $1,813,507.20
__ HOME Investment Partnerships Program (HOME)
__ Community Development Block Grant Program (CDBG)
__ National Housing Trust Fund (NHTF)
__ Department of Behavioral Health (DBH)
__ CDBG-Section 108 Loan Guarantee Program
_X_ Other
U.S. Fe
deral Emergency Management Agency- STORM FY 2023 NOFA
Award: EMW-2023-ST-00011 $6,090,774.20
U.S
. Federal Emergency Management Agency- STORM FY 2024
NOFA Award: EMW-2024-ST-00014 $12,013,846
Product Type: _X_ Loan repayable from Net Cash Flow
__ Grant
Eligible Purpose and
Uses:
• Resilient Housing for All loan fund- Eligible uses as defined in the
intended use plan.
Loan Term: 20 years from the Closing Date
Interest Rate: 0% simple interest
Accrual starts on the Closing Date on amounts drawn down
2
Construction/Stabilization
Period:
# months for construction plus # months for stabilization, including
lease-up and conversion
Retainage Amount: $____N/A________ [The lesser of ten percent (10%) of the
construction contract or ten percent (10%) of the Loan amount]
Repayment Start: Loan repayment will commence no later than 1 year after execution of
loan agreement, the loan is to be full amortized no later than 20 years
after execution.
Repayment Source: The Loan is to be repaid from operations of the affordable housing
multifamily projects, which DC green bank will then use to pay back
loan to DHCD.
Recourse: Non-recourse
Collateral Position: Loan to DC Green Bank- N/A
Subaward/loan recipients – TBD/Second/3rd priority deed of trust on the
Property and Project, including all of Borrower’s right, title and interest
in the land, improvements, rents and leases, fixtures, personalty and all
collateral located on or used in connection with the Project.
Tax-Exempt/Taxable
Bonds/ State and Federal
LIHTC:
N/A
Other Subsidies Awarded
Through RFP:
N/A
Other Non-RFP or
Existing Subsidies:
N/A
N/A
District Land: ___ PADD ____ DMPED
Project Description/Application Commitments
Project Type: __ Production __ Preservation _X_ Preservation and Production
__ Net New Units Totaling [#X]
__ Rental ___ Homeownership __ Limited Equity Cooperative
Total Units in Project: [#X] units N/A
Total Affordable Units in
Project:
[#X]
3
LIHTC Set-Aside
Election:
N/A
N/A
Affordability Period
Restriction:
Determined on a per
project basis based on
Resilient Housing for All
Loan Fund program
requirements
HPTF:
__ Perpetual __ 99 years __ 62 years __ 52 years __ 42 years
• Commences on the Closing Date
• The Affordability Period shall be automatically extended if
necessary, to insure that it will not be less than forty (40) years (or
the above committed affordability period) from the Placed in
Service Date
LIHTC:
__ Perpetual __ 99 years __ 60 years __ 50 years
__ 40 years (minimum requirement starting 2021) __ 30 years
• Commences with the first year of the tax credit period
Federal Funds: Determined on a per project basis based on resilient
housing for all loan fund program requirements
[ 20 ] years from the Closing Date
Based on STORM program parameters and Use
__ Use of Ground Lease Structure: [ ] years
Leverage:
Determined on a per
project basis based on
Resilient Housing for All
Loan Fund program
requirements
$_____________ Minimum Deferred Developer Fee Commitment
$______________Minimum Sponsor Loan/Other Owner Subsidy
Commitment
$______________Other: [Specify]
[_9_]% DHCD Participation (Overall leverage) $[__________] per unit
[_91_]% Subsidy Leverage (eligible non-RFP sources)
Unit Affordability Mix
and Applicable
Program(s):
See table below
Income Levels Served: [_50 <__]% Weighted Average MFI Served
Mixed-Income:
N/A
• N/A
Permanent Supportive
Housing (PSH):
N/A
N/A
Family-Oriented Units: [%] N/A
4
Programs to Address
Additional Barriers to
Housing:
___ Returning citizens
___ Households of unknown immigration status
___ Residents with developmental or intellectual disabilities
___ Residents with diverse language needs
___ Youth aging out of foster care
___ Housing for Persons With AIDS
_X__ Other (Describe): Resilient building design and strategies
Housing for Older Adults:
N/A
___
Accessible Housing:
N/A
___
Homeownership and
Wealth-Building :
N/A
___ to be homeowners
Vacancies filled from
Section 8 and Public
Housing Waiting List:
_X__Yes ____No
Qualified Non-Profit
Majority Owner with
ROFR:
___Yes _X__ No
___ N/A for non-LIHTC projects
Right to seek a Qualified
Contract waived:
_X__Yes (No is not an option)
___ N/A for non-LIHTC projects
Green Design and
Building Threshold
Requirements:
Determined on a per
project basis based on
Resilient Housing for All
Loan Fund program
requirements
Minimum Green Building Certification Required:
____ 2020 Enterprise Green Communities Criteria (EGC) (rehabilitation
projects of any size and new construction buildings less than 50,000 sf)
____ 2020 Enterprise Green Communities Criteria Plus (EGC+) (new
construction buildings with at least 50,000 sf)
____ Level 1 Accelerated Savings Recognition Alternative Compliance
Pathway (ACP) Option for compliance with DOEE’s BEPS
(rehabilitation projects of at least 50,000 sf if not waived by DOEE due
to current compliance)
____ Other (with DHCD approval): [Specify]___________________
Solar Ready: ___Yes (No is not an option)
Solar Included: ___Yes ___No
Resilient Buildings and
Innovative Design:
Determined on a per
project basis based on
Resilient Housing for All
Loan Fund program
requirements
Advanced Certification(s) or Innovative Design Features Pursued:
____ 2020 Enterprise Green Communities Criterion 5.4 Achieving Zero
Energy
____ 2020 Enterprise Green Communities Plus (EGC Plus)
(rehabilitation projects of any size and new construction buildings less
than 50,000 sf)
____ TRUE Zero Waste Certification
5
____ Whole Building Life-Cycle Assessment (LCA) Supported Low-
Embodied Carbon Design
____ Enterprise Green Communities Criterion 6.5 Environmentally
Responsible Material Selection for Concrete, Steel, and Insulation
____ Mass-Timber Construction; and/or Modular Construction
____ Building Electrification (no on-site combustion)
____ Use of DOEE Resilience and Solar Assessment Tool
Resident Services:
N/A
____ Per Resident Services Plan
% of core service costs funded outside of project budget:
____ Up to 33%
____ Between 33% and 50%
____ Over 80%
Budget Source (check all that apply): ___ Developer Fee ___
Fundraising ___ Operating Budget ___ Other
Services Offered (check all that apply):
____ Training & Educational Programming – Academic and Economic
Empowerment
____ Training & Educational Programming – Environment, Health and
Wellness
____ Resident Involvement and Organizational Capacity-Building
____ Onsite Daycare Services
Community-Oriented
Amenities:
N/A
Community Amenities (check all that apply):
____ High Speed Internet (at least 5 years at no charge; entire building)
____ Playground ____ Daycare/Preschool
____ Community/Multi-purpose Room ____ Fitness Center
____ Onsite Grocer/Farmers Market/Food Provision/Garden
____ Health Facility Onsite
____ In-unit washer/dryer
Workforce Development:
N/A
____ A local apprenticeship program exceeding minimum
apprenticeship hours worked by DC residents by 10% or more
____ Exceeding the District’s First Source Hiring requirement by 10%
or more
____ Certified Business Enterprise (CBE) participation of 50% or more
____ Utilizing one or more of the DC Green Jobs or Workforce
Development Programs
Other Project Features: ____Commercial Space(s): ______ SF
____Resident/Community Amenity Spaces: ____________ SF
____ Parking Spaces _____ # of spaces
____ Other: [Describe]
____ Utilization of Condo or Tax Lot Regime for Ineligible Uses
Additional Explanation: __________________________________
Development Team Members
Developer/Sponsor:
N/A
Developer/Sponsor 1:
Developer/Sponsor 2 (if applicable):
6
General
Partner/Managing
Member:
N/A
Non-Profit Member ( %):
For-Profit Member ( %):
General Contractor:
N/A
Architect: N/A
Management Agent: N/A
Development Consultant:
N/A
Construction Manager:
N/A
Supportive Services
Provider (PSH): N/A
Resident Services
Provider (Property-wide):
N/A
Other:
Conditions
Standard Conditions: 1. Compliance with all applicable regulations and requirements,
including but not limited to OPM clearance, Council approval, and
standard DHCD due diligence items.
2. Loan Right-sizing. The Loan is a not-to-exceed amount intended to
provide the minimum gap financing needed to complete the Project
after taking into consideration the additional sources of financing,
including maximized debt, equity, income and grants, and any
Project budget savings due to unspent contingency funds or other
cost savings. The Loan will be right-sized prior to the Closing Date
and after the Closing Date as follows:
A. Prior to the Closing Date:
i. Any increase in non- Lender sources between the date of
Lender’s Loan Review Committee approval and the Closing
Date will decrease the Loan on a dollar ($1.00) for dollar
($1.00) basis. An exception may be made for additional non-
Lender sources raised to fund unanticipated cost increases or
decreases in other sources available for the Project.
ii. Any decrease in Project uses between the date of
Lender’s Loan Review Committee approval and the Closing
Date will decrease the Loan on a dollar ($1.00) for dollar
($1.00) basis. An exception may be made for decreases in
Project uses made to offset unanticipated cost increases or
decreases in non-Lender sources available for the Project.
7
iii. Borrower must pursue all available solar/green building
funds available in the District of Columbia prior to the Closing
Date. If Borrower secures one or more sources of solar/green
building funding, the Loan amount will be reduced by the net
proceeds to the Project (funding minus related costs) from these
sources. If Borrower is unable to secure one or more sources of
solar/green building funding, Borrower must provide affirmative
evidence that the Project is not a match for available funds.
iv. As requested by Lender, Borrower must provide
executed contracts or other documentation acceptable to Lender
to substantiate soft cost budget line items and to right-size the
Loan amount in accordance with these requirements.
B. After the Closing Date:
i. Any temporary uses of funds, if applicable, shall be
returned to Lender to decrease the Loan on a dollar ($1.00) for
dollar ($1.00) basis, including funding for any refunded deposits
or financing fees initially required by District agencies, lenders,
or other parties.
ii. Lender will reduce the Loan on a fifty cents ($0.50) for
every dollar ($1.00) basis for any other net reduction in the total
costs shown in the Project Budget due to unspent contingency
funds, remaining funds in applicable short-term reserves, or
other budget savings, unless the cost savings are utilized to
cover an unanticipated decrease in other Project sources.
.
iii. Lender will reduce the Loan on a fifty cents ($0.50) for
every dollar ($1.00) basis for any increase in funding that is
committed to the Project after the Closing Date over and above
the funding sources in the final Project Budget, including any
additional senior loan proceeds, unless the increase in funding is
obtained from a non-Lender source to cover an unanticipated
increase in Project costs or a decrease in other Project sources.
3. Reserves. The Borrower’s organizational documents must contain
the following language: In the event the replacement or operating
reserve, if applicable, are not used for its intended purpose, any
funds remaining in such reserves at the end of the tax credit
compliance period or upon the sale of the property, whichever is
earlier, must remain with the Project, but may be used to reduce any
outstanding debt on the Project with Lender’s consent.
4. Repayment Related Requirements.
8
Loan repayment will commence not later than 1 year after
closing/loan funding. No principal repayments will be due until loan
maturity, subject to loan agreement.
Interest rate will be at a rate of 0%
Loan will be fully amortized after funding for a period of 20 years.
Entity loan fund will be credited with all loan repayments included
principal and interest statements.
Special Conditions:
Definitions
Capital Contribution: The amount of money or the fair market value of other property
contributed to Borrower by its members/partners in accordance with the
Borrower’s organizational documents.
Capital Expenditures: Customary and reasonable costs and expenses incurred by Borrower in
connection with certain major repairs, replacements and improvements
of the Project which are normally capitalized under generally accepted
accounting principles, including, but not limited to, the performance of
work to the roofs, chimneys, gutters, downspouts, paving, curbs, ramps,
driveways, balconies, porches, patios, exterior walls, exterior doors and
doorways, windows, elevators, interior walls, appliances, carpeting,
painting, vinyl flooring, plumbing, plumbing fixtures, countertops,
cabinets, water heaters, electrical systems, electrical fixtures, clubhouse
repairs, pool, spa, landscaping, fences, gates, parking areas, carports,
garages, sidewalks, light fixtures, shingles, woods, bricks, stucco,
security systems, smoke detectors, stairs, boilers, laundry room, window
treatments, bath vanities, bathtubs and mechanical and HVAC
equipment.
Capital Transaction: Any transaction out of the ordinary course of Borrower's business that is
capital in nature, including without limitation, the disposition, whether
by sale (except when such sale proceeds are to be used pursuant to a
plan or budget approved by all of Borrower’s members/partners),
casualty (where the proceeds are not to be used for reconstruction),
condemnation, refinancing or similar event of any part or all of the
Project.
Closing Date: Date of initial financial closing.
Net Cash Flow: Operating Revenue less (a) Operating Expenses (including required
reserve amounts), (b) must-pay debt service, (c) payments for Capital
Expenditures that exceed applicable reserves or other sources, as
approved by Lender.
Operating Expenses: “Operating Expenses” shall mean with respect to each fiscal year or
portion thereof, the sum of the following cash expenditures and all
expenses unpaid, but properly accrued, that are incurred incident to the
operation of the Project by Borrower during such period: operating costs
incurred by Borrower for the management, operation, cleaning, leasing,
marketing, and maintenance of the Project, including without limitation
9
wages, payroll and accounting costs, utilities, maintenance costs other
than Capital Expenditures, license fees and business taxes, the property
management fee, except to the extent such fee is deferred and paid from
available Net Cash Flow, application fees, compliance monitoring fees,
and any delinquent rent that is written off; ;reasonable monthly reserves
for all real estate taxes and assessments imposed upon the Project and
required to be paid by Borrower, but only to the extent such taxes and
assessments are paid or set aside as a reserve by Borrower during such
fiscal year; reasonable monthly reserves for insurance premiums; and
required deposits into the replacement reserve and other reserves or
escrow accounts.
The term “Operating Expenses” shall not include any of the following:
depreciation, amortization, depletion or other non-cash expenses; must-
pay debt service; all costs, liabilities and expenses associated with
acquiring, constructing/rehabilitating, developing or operating the
Project, including, but not limited to, those costs reflected in the Form
202 and including payment of the developer fee (net of any deferred
developer fee), which have been incurred to (i) acquire the Project, (ii)
achieve the Placed in Service Date, (iii) remedy any defects in the
construction of the Project and/or any variance in construction from the
Plans and Specifications that is discovered within one (1) year after
initial occupancy of all of the housing units or should have been
discovered within such time period and is discovered not later than three
(3) years after initial occupancy of all of the housing units, (iv) all
Operating Expenses and must-pay debt service attributable to the period
prior to the Permanent Loan Closing Date, (v) the initial funding of any
required reserves and escrows in the amounts approved by Lender as of
the Closing Date, and (vi) achieve conversion to permanent financing;
and any other fees or payments contingent on available Net Cash Flow.
Operating Revenue: All actual collected revenue received from rents, lease payments, and all
other sources (including any release of funds from reserves or escrows),
but excluding tenant security or other deposits (except to the extent
forfeited to Borrower); Capital Contributions and interest thereon;
proceeds from Capital Transactions; interest earned on reserves not
available for distribution; and net proceeds of any insurance (including
rental loss or interruption insurance), other than fire and extended
coverage and title insurance, to the extent not used for rebuilding of the
Project.
Placed in Service Date:
Determined on a per
project basis based on
Resilient Housing for All
Loan Fund program
requirements
the date that the Project receives a certificate of occupancy from the
District of Columbia government certifying that the development of the
Project is complete and the Project can be occupied by tenants. In the
event that the Project does not need a certificate of occupancy to be
occupied by tenants, then the Placed in Service Date shall be the date of
substantial completion of the Project as certified by the Project architect.
10
STORM LOAN SOURCES AND USES
STORM RLF Grant Sources STORM RLF Grant Uses
HSEMA FY 23 EMW-2023-ST-00011A $6,702,896.40 33.65% FY 23 Resilient Housing For All Loan C apitalization $6,702,896.40 33.65%
HSEMA FY 24 EMW-2024-ST-00014 $13,215,231.00 66.35% FY 24 Resilient Housing For All Loan C apitalization $13,215,231.00 66.35%
Total STORM GRANT AWARD $19,918,127.40 100.00% Resilient housing for All Loan Fund $19,918,127.40 100.00%
STORM RLF Loan Sources STORM RLF Loan Uses
FY 23 Federal Grant 6,090,774.20$ 30.58% FY 23 DCGB Resilient Housing For All Loan Capitalization 6,090,774.20$ 30.58%
FY 24 Federal Grant 12,013,846.00$ 60.32% FY 24 DCGB Resilient Housing For All Loan Capitalization 12,013,846.00$ 60.32%
Tota Federal Grant Awards 18,104,620.20$ 90.90% Tota Federal Grant Capitalization 18,104,620.20$ 90.90%
FY 23 Local HPTF Funds Match required 612,122.20$ 3.07% FY 23 DCGB Resilient Housing For All Loan Capitalization 612,122.20$ 3.07%
FY 24 Local HPTF Funds Match required 1,201,385.00$ 6.03% FY 24 DCGB Resilient Housing For All Loan Capitalization 1,201,385.00$ 6.03%
Total Local Grant Match 1,813,507.20$ 9.10% Total Local Grant Capitalization 1,813,507.20$ 9.10%
Total STORM RLF LOAN Amount 19,918,127.40$ 100.00% STORM RLF LOAN Proceeds 19,918,127.40$ 100.00%
Exhibit B:
DC Resilient Housing for All Revolving Loan Fund - Intended Use Plan
tigigtGOVERNMENT OF THE=== DISTRICTOF COLUMBIA
DC MURIEL BOWSER, MAYOR
Districtof Columbia
Resilient Housing for All Revolving Loan
Fund -Intended Use Plan
September19,2025
Districtof Columbia Resilient Housing for All
RevolvingLoanFund-IntendedUsePlan
Preparedfor:
FederalEmergencyManagementAgency
Preparedby:
DistrictofColumbiaHomelandSecurityand
EmergencyManagementAgency
DistrictofColumbiaDepartmentofHousingand
CommunityDevelopment
DistrictofColumbiaGreenFinanceAuthority
Date:
September19,2025
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
Contents
5.1 ProjectSelection.. 28
5.1.1DHCD ConsolidatedRFPandEvaluationMethodology
5.1.2ProjectVettingandSelection...
5.1.32024ProjectPrioritizationList...
5.1.4EnvironmentalandHistoricPreservationCompliance..
5.2EntityFundSetUp.
5.2.1FundTransfer.....
5.2.2CostShare
5.2.3HPTFFinancialReportingRequirements.....
5.3 Loan to the Districtof Columbia Green Bank
5.4 Loans from the DC Green Bank to AffordableHousing Developers.
5.5ProjectMonitoringandReporting....
5.5.1ProjectMonitoring.
5.5.2ReportingtoFEMA...
AppendixA.DocumentationofPublicPosting..
AppendixB.ProjectPrioritizationList.
SiigGOVERNMENT OF THE=== DISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
1. Introduction
The UnitedStatesFederalEmergencyManagementAgency(FEMA)providescapitalizationgrantsforrevolving
loanfundswhichmaybeusedtoprovideloanstofinancevarioustypesofhazardmitigationprojectstoreduce
risksfromnaturalhazardsanddisasters.ThroughtheSafeguardingTomorrowthroughOngoingRiskMitigation
RevolvingLoanFund(SafeguardingTomorrowRLF)program,eligibleentitiesusethesecapitalizationgrantsto
establisharevolvingloanfund(alsoreferredtoasanentityloanfund)fromwhichtheyprovidedirectloansto
localgovernmentsforprojectsandactivitiesthatmitigatetheimpactsof drought,intenseheat,severestorms
(includinghurricanes,tornadoes,windstorms,cyclones,and severewinterstorms),wildfires,floods,
earthquakes,andothernaturalhazards.Asborrowersrepaytheirfinancings,repaymentsofprincipalandany
interestarerecycledbackintotheentityloanfundandareusedtofinancenewprojectsasthefunds“revolve”
overtime.
IntheDistrictofColumbia,theSafeguardingTomorrowRLFfundswillbereceived,managed,anddistributed
|.This Intended Use throughtheDi 1gforAllRevolvingLoan
Plan(IUP)outlinestheprioritiesandproceduresgoverningtheDistrict'sFY2026ResilientHousingforAll
RLF.{Thisdocumentdefinestherolesandresponsibilitiesofpartneringagencies,setsprogramrequirements
andloanterms,andidentifiespriorityresilienceprojects.
TheResilientHousingforAllRLFisdesignedtoawardloanstoeli
leaffordablehousingdevelopersto
completesubstantialrehabilitationorsiteimprovementprojectsthatenhanceresilience.Fundingresilience
projectsataffordablehousingdevelopmentswillmeetseveralDistrictgoals,includingreducinghazardriskfor
themostvulnerablepopulations,andpreventingfuturegentrificationanddisplacementoftheseresidents.
MuchoftheDistrict'sriskliesinthehousingstock,anditischallengingtoobtainfundingtomitigatethisrisk.
Lowinterestloanswilllowerthecostofbuildingaffordablehousing,whichhasbeenoneofthe mostchallenging
aspectsofprovidingaffordablehousingintheDistrict.ThisIUPprovidestherequiredguidancetomanagethis
program,ensuringloansaremadeavailableforprojectsthatgreatlyimprovetheDistrict'saffordablehousing
resilience.
ThisIUPhasbeenadaptedfromthetemplateprovidedbyFEMAto fittheResilientHousingforAllRLFandthe
uniquesetofpartnershipsthatmakethisprogrampossibleintheDistrict.Theplanmeetsallrequirementsof
5 GE tyictGOVERNMENT OF THEK DISTRICTOF COLUMBIA
S MURIEL BOWSER, MAYOR
theSafeguardingTomorrowthroughOngoingRiskMitigation(STORM)ActandtheSafeguardingTomorrow
RLFNoticeofFundingOpportunity(NOFO).
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
2.1 ResilientHousing for AllRLF Overview
TheDistrictintendstouseSafeguardingTomorrowRLFfundstosupporttheResilientHousingforAllRLF
throughwhichprojectsthatalignwiththeSafeguardingTomorrowRLFeligibleactivitiesandtheDistrict's
resiliencygoalsarefunded.TheResilientHousingforAllRLFprovidesJow-interestloanstosupporthazard
mitigationprojectsataffordablehousingdevelopments.Theseprojectsincludebuildingorsite
improvementsandimpro
sectionsdescribethespecificgoalsoftheResilientHousingforAllRLF,howthesegoalsalignwiththeintended
useoftheSafeguardingTomorrowRLFProgram,andhowSafeguardingTomorrowRLFfundswillplayan
integralroleintheimplementationofhazardmitigationprojectsthatwillincreasecommunityresilienceacross
theDistrictofColumbia.FortheremainderofthisIUP,theResilientHousingforAllRLFwillbe|isedtodenote
theDistrict-specificallocationoftheSafeguardingTomorrowRLFfunding.
2.1.1ProjectLocations
MuchoftheDistrict'sriskliesinthehousingstock.ItiscriticalfortheDistricttoprotecthousingagainstthe
impactsofnaturalhazards,inparticularhousingin underservedareasofthecity.Residentswiththefewest
resourcesareoftenthemostatriskofbeingimpactedbynaturalhazardevents.To benefitresidents
disproportionatelyimpactedbynaturalhazards,theResilientHousingfogeAll,RbEqwillpravidefundingfor
mitigationprojectsataffordablehousingdevelopments.
TheseresilienceprojectswillprotecttheDistrict'smostvulnerableresidentswhilealsoworkingtowardsseveral
oftheDistrict'sgoalsforaffordablehousing.The Districtisfocusedon preservingtheexistingsupplyof
affordablehousing,expandingtheaffordablehousingstock,andfurtheringthedevelopmentofaffordable
housingservicesforresidents.Improvingtheresilienceofaffordablehousingpropertieswillalsohelpprevent
thedisplacementofresidentsinthefaceofrisinghousingcostsandgentrification.TheResilientHousingfor
AllRLFsupportstheprotectionofaffordablehousingunitsincludingpermanentsupportivehousing,housing
forfamilies,housingrestrictedtohouseholdswhoearnlessthan50%oftheareamedianincome,housingfor
olderadults,personswithdisabilities,andotherunderrepresentedgroups.Bysupportingresilienceprojectsat
affordablehousingdevelopments,theResilientHousingforAllRLFprogrambothprotectsvulnerableresidents
andensuresthelongevityofdevelopmentsinthefaceofchangingclimateconditions.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
2.1.2ProjectTypes
AccordingtotheDistrict'sStateHazardMitigationPlan,floodingandextremeheatposethegreatestriskto
DC residents.Asdetailedabove,residentsofaffordablehousingdevelopmentsareparticularlyvulnerableto
theimpactsofthesenaturalhazards.Thereareavarietyofmitigationactionsthatcanbeimplementedto
protectresidentsfromtheseimpacts,includingbothstructuralandsiteimprovements.Manyoftheseprojects
alsopromotesustainabilitygoals,suchasimprovingenergyefficiencyofthehousingdevelopments.In2021
theDistrictpublishedtheResilientDesignGuidelines,whichareapracticalguideforincorporatingresilience
intoconstructionprojects.TheseGuidelinesprovideavarietyofstructuralandsiteimprovementprojectsthat
maybesupportedbytheResilientHousingforAlllRLF.Figure1liststheprojecttypesdescribedintheResilient
DesignGuidelines.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
Figure1.DistrictofColumbiaResilientDesignGuidelines~ResilientDesignStrategiesMatrix
RESILIENT DESIGN STRATEGIES MATRIX
eC ccc)5 Cee vu}
[aKeepOccupiedSpacesAbovetheSesLevelRaeAdjustedFoodBevatonIntegrateExteriorDryFloodroctingTechniques| Prsenie oe eeintraionetBuldingsUseWellabeSysles/FinshesA andBelowtheLowestGccopableFloorProvideRinscreenDetailfrSidng/CladingIEenforceBuitingCornersndExteriors
EDSeo»ReineSevatoeProtectMechamcalandEee EasipmentroclatingDocksandMarsAttromFoodng DesignWeterontBoningcaneInstallSewerSacionOroventors hhesaemedaeChanes‘ConsideraVegetative(Gran)Rook
roveVegetativeShadingBulingFooandEnvelope IraeroughTolerantLandscaping‘ContinousAeBair UneRetectveMaternPavedPotion(ia SereneToren thingLatandSewieeecag ProvideShadedOdorGtherngSpicesMechanicalStemsofTheFateVegetoedFacadeFEWlorReflectiveRocks
BEMAchievePassiveSurvvoityDesignforNetraDayhahingProndeBackupPowerwithelandingCepabityWireBuildingsthetCrealLoadAceonSeparateCreuts“arget100%BungElectiation(EBBetaitSolrEacscSytorn
TheDistrictisexpectedtoexperiencelarger,morefrequentstormeventsandextendedperiodsofexposure
tonaturalphenomenonduetoclimatechangeoverthecomingdecades.To ensuretheResilientHousingfor
AlRLFfocusesonsupportingthereductionoftheseimpacts,allprojectsfinancedthroughthisfundwillbein
directalignmentwiththeStateHazardMitigationPlan(SHMP).Thisincludesbutisnotlimitedtoprojectsthat
considerareas at riskof naturalhazardssuch as flooding,extreme heat,earthquakes,droughts,and severe
storms,butalsooffersignificantinnovationandresiliencetomajoreconomicsectorsandcriticalnational
infrastructure.
9 GES tafistGOVERNMENT OF THE( ) DISTRICTOF COLUMBIA
S MURIEL BOWSER, MAYOR
TheprojecttypesfinancedthroughtheResilientHousingforAllRLFwillbeexpandedinupcomingyearsasthe
programcontinues.TheDistrict|willensurethattheprojectcategoriesandfundedprojectsarecompliantwith
thegoalsandintendeduseofSafeguardingTomorrowRLFfunding,
2.2 ResilientHousing for AllRLF Goals
2.2.1IncreaseResilienceand Reduce RiskatAffordableHousing Developments
The ResilientHousingforAllRLFprogrampromotesresilienceandadaptationtocurrentandfuturenatural
hazardrisks,includingthoseintensifiedbyclimatechange.Theprogramalignswiththe2020-024Department
ofHomelandSecurityStrategicPlanGoal5:StrengthenPreparednessandResilience.Specifically,theResilient
HousingforAllRLFsupportsSub-Dbjective5.1.1:
Incentivizeinvestmentsthatreduceriskandincreasepre-
disastermitigation.Byfocusingonincreasingresilienceandreducingharmtoaffordablehousing,thisprogram
willhelpmembersofunderservedcommunitieswhomightbeatheightenedriskfromnaturalhazards,including
thoseassociatedwithclimatechange.
The primarygoaloftheResilientHousingforAllRLFistofinancehazardmitigationportionsofaffordable
housingprojectstoreducetheimpactsofnaturalhazardsonaffordablehousingdevelopments.Thisincludegy-
* ReducingdamagetoidentifiedRepetitiveLoss(RL)andSevereRepetitiveLoss(SRL)properties,if
applicable.
* Reducingfuturedamageandlossassociatedwithflooding,extremeheat,severestorms,andother
naturalhazards.
= Reducingriskstovulnerableresidentsfromtheimpactsofflooding,severestorms,extremeheat,
andothernaturalhazards.
= Positivelyimpactingunderservedcommunitieswhomightbeatheightenedriskduetoclimate
change.
+ Promoteenergy-efficiency/communityresilienceacrossthecity’saffordablehousingstockandlow
andmoderate-incomecommunities(sustainabilitytoprovidedecentaffordablehousing).
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
10
2.2.2Partnerships
The ResilientHousingforallRLFisbuiltuponclosepartnershipsbetweenseveralDistrictentities,including
HSEMA, DHCD, and the DC Green Bank, eachof which isdescribed indetailinSection 3.The ResilientHousing
forAllRLFismanagedthroughopenlinesofcommunicationandacollectivedrivetoalignprogramsinaway
thatadvancestheimplementationofresilienceprojectsforaffordablehousing.Thisnotonlyincreasesvisibility
of theSafeguardingTomorrowRLFfundsacrossmultipleagenciesbutallowsforahigherlevelofaccountability
byensuringinteragencycommunicationandcollaboration.Thesepartnershipsfocuson howtobettermeet
affordablehousingandcommunityandeconomicdevelopmentneedsandgoalsofstakeholders,target
populations,andcommunitypartners.Therolesandresponsibilitiesofeachpartneringagencyaredescribed
furtherinSection4.
Inadditiontothepartnershipsbetweenthecoreagenciesmakingupthisprogram,eachleadagency
independentlyhasawealthofstrongpartnershipsthataimtocreateaninterconnectednetworkofsupportthat
benefitstheDistrictasawhole.Inadditiontothefourprimarypartneragencies,otheragenciessupportingthe
RLFincludeDOEE,SHPO,DCHousingAuthority(OCHA),theDCDepartmentofBehavioralHealth(OBH),the
DC DepartmentofHuman Services(DHS),theDC DepartmentofHealth(DOH),andtheDC HousingFinance
Agency(DCHFA).StakeholderengagementisdescribedinSection4.3.
2.2.3RegionalImpactsand Alignment withDistrictPlansand Goals
TheprojectsfundedthroughtheResilientHousingforAlllRLFwillcontributetowardsthegoalsofseveralDistrict
planningefforts,includingtheDistrict'sStateHazardMitigationPlan(SHMP),ClimateReadyDC,ResilientDC,
andHousingFrameworkforEquityandGrowth.Theseplansallconsidertheregionalinfluenceofnatural
hazardsontheDistrictanditsresidentsandproposeactionsthatwilllessenimpactsfromthewiderregion.
TheSHMP istheculminationofa multi-AgencyefforttomitigatehazardsintheDistrictbndaimstoestablisha
baseforthethoroughidentificationof hazards,riskanalysis,efficienthazardmanagement,and the
implementationof hazardreductionandavoidancemeasures.TheResi
ntHousingforAllRLFalignswiththe
SHMP'sefforttosupportcommunityresiliencethroughtheminimizationofhumansufferingandpropertyloss
associatedwithnaturalhazards.AccordingtotheSHMP,themostcommonnaturalhazardstoimpactDC
residentsareflooding(riverine,coastal,andinterior)andextremeheat,allofwhichareinfluencedbyregional
weatherpatterns.ProtectingresidentsfromtheimpactsofthesehazardsisasharedgoalthroughoutDistrict
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
"1
agencies,plans,andprograms.The Districtalsoprioritizesconsideringequitywhenevalu:
gvulnerabilityto
naturalhazards.ResilientHousingforAlllRLFwillensureresidentslivinginaffordablehousingbuildingswillbe
adequatelyprotectedfromfloodingandextremeheat,
ThegoalsoftheResilientHousingforAllRLFcloselyalignwiththe2019ResilientDC frameworkforinclusive
growth,climateaction,a‘Smarter’DC,andensuringthehealthandsafetyofallWashingtonians.Through
vestinginmitigationprojectsataffordablehousingdevelopments,theResilientHousingforAllRLFwillmake
stridestoward accomplishingthe District'sambitiousresiliencygoals.
2.2.4Economic Resilience
TheResilientHousingforAllRLFwillsupportthemajoreconomicsectorofhousing,inparticularpublichousirg.
AccessibleaffordablehousingalignswiththeDistrict’sgoaltomakehomelessnessa rare,brief,andnon-
recurringexp.
nce.Itcreatespermanentsupportivehousingunitsthatincreaseeconomicopportunitiesand
reducepoverty.TheDistrictaimstocreateaffordablehousinginallWardsthatracially,ethnically,and
economicallydiversifyneighborhoodsandincreasetheoveralleconomicsecurityofhouseholds.Byproviding
low-interestloansandloweringoverallcosts,theResilientHousingforAllRLFwillhelptoaddressthemost
challengingaspectsofcreatingaffordablehousingintheDistrict.TheResilientHousingforAllRLFwilldistribute
fundingina mannerthatsupportsfairandresilienthousingthatadvanceseconomicintegrationatthe
neighbo
housinglocations,therisksofflooddamagetoresidents’belongingsarereduced,thuscreatinganotherleyer
ofeconomicsecurityforresidents.
In2016,theDistrictDepartmentofEnergyand Environment(DOEE)developedtheClimateReadyDC report
whichrecognizestheneedtoprepareandadaptforfutureclimatechange.TheResilientHousingforAllRLF
willdirectlybenefittwoofthefoursectorsoutlinedintheClimateReadyDCreport:Buildings& Development
andNeighborhoods& Communities.
ThroughtheHousingFrameworkforEquityandGrowth,DHCD hasexaminedthewiderangeoffactorsand
policiesthataffecthousingproductionandaffordability.Inaddition,DHCDhasa5-yearconsolidatedplanthat
outlineshousinggoalswithinthedistrictfromFY2022throughFY2026.TheDistrictusestheUSDepartmentof
HousingandUrbanDevelopment's(HUD)PerformanceMeasurementSystem,whichaimstoachievethe
followingobjectives:providedecenthousing,establishandmaintainasuitablelivingenvironment,andcreate
12 GES tafistGOVERNMENT OF THE(( )Aeosraict OF COLUMBIA
X J MURIEL BOWSER, MAYOR
economicopportunities.Thesustainabilityperformanceoutcomeactivityincludesimprovingandincreasingthe
livabilityofcommunitiesandneighborhoodsbyprovidingbenefitstolow-andmoderate-incomehouseholds.
A goalofDHCD isalsotopromoteenergy-pficiencyandcommunityresilienceacrossthecity’saffordable
housingstock.TheResilientHousingforAllRLFwillfundprojectsthatmeetthegoalsoutlinedintheHousing
FrameworkforEquityandGrowthandDHCD's5-Vearplan.
2.2.5Advance ies
‘OneoftheprimarygoalsoftheSafeguardingTomorrowRLFistoreachthosemostinneedoffinancing
assistance,includinglow-|ncomegeographicareasandunderservedcommunities.Bytargetingprojectsat
affordablehousingdevelopments,100%ofResilientHousingforAllRLFprojectswillimproveresiliencefor
historicallyunderservedpopulationsinDC.
The District'sOfficeof Planningand Departmentof Housingand Community Development(DHCD)
collaboratedtoproducetheHousingEquityReport.Thereportprovidesananalysisofcurrentaffordable
housingdistributionandproposesspecifictargetstoachieveMayorBowser’sgoalofbuilding36,000new
homes,including12,000homesaffordabletolow-|ncomeresidents,by2025.TheResilientHousingforAllRLF
willdirectlysupportthedevelopmentofthesehousingunitsbyensuringtheyareresilienttoflooding,theurban
heat islandeffect,and otherextreme weather events.The ResilientHousing forAllRLF wi
investinprojects
acrosstheDistrict'saffordablehousingstockthatsupporthazardmitigationprojects.Inaddition,therewillbe
afocusonthevalueofhazardmitigationprojectsbeyondtheprotectionofphysicalassets,tohowthese
investmentswillresultinwhole-LommunityresilienceandequityintheDistrict'shousingoptions.
2.2.6Long-Term EntityGoals
Thelong-termgoaloftheResilientHousingforAllRLFisforthefundstocontinuetorevolveandfinancemore
projectswiththeintentiontoreachmoreaffordablehousingunitsovertime.ItisthegoaloftheFY26funds
andfuturefundingtofocusmorebroadlyonresiliencewithintheDistrictaimingatallriskhazardsincluding
flood,extremeheat,severestormevents,powerloss,andotherclimateimpacts,Examplesofprojectsinclude
structuralfloodproofing,elevatingmachineryandequipment,installationofstructuresandplantingoftreesto
provideshadeandbuildingupgradestoexceedDC ConstructionCodesrequirements(i.e.,energyefficiency
provements).
EX13 DISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
Renae OF THE
Kl )
3. Meet the Team
ThefollowingsectionsintroducetheDistrictagenciesthatpartnertoimplementtheResilientHousingforAll
n 4.2 of this IUP. This IUP has RLF.ThespecificrolesandresponsibilitiesofeachentityareoutlinedinSe
beendevelopedinpartnershipwithallagenciesdescribedbelow.
3.1 Homeland Securityand Emergency Management Agency
The DistrictHomeland Securityand EmergencyManagement Agency (HSEMA) isdesignatedas thecity’s
primaryagencyresponsibleforhazardmitigation.HSEMA'smissionistoensureDistrictagencies,businesses,
andresidentsarepreparedtoprevent,protectagainst,respondto,mitigate,andrecoverfromallthreatsand
hazards,includingbothnaturalandmanmadeincidents.HSEMAtakesaholisticapproachtoachievingthese
goals,withbroadengagementfromgovernment,nongovernmentalorganizations,businesses,neighborhoods,
families,and individuals.
nceBureau)andtheGrantsBureauworktogetherto
HSEMA’s Hazard Mitigation Program (withinthe Resil
secureand managefundingforhazardmitigationprojects.ThemissionoftheHazardMitigationProgramisto
reducelong-termriskfromnaturalhazardsbyincreasingourabilitytoadapttochangingconditionsandtotake
actiontocollaborateoninnovativesolutionswiththefocusonthewholecommunity.TheGrantsBureauis
responsibleforthefinancialmanagementofallfederalgrantsforhazardmitigationprojects.Thispartnership
hasallowedHSEMAto secureandmanageover$100millioninfederalawardsfromFEMA'sHazardMitigation
Assistanceprograms.
HSEMA’sHazardMitigationProgramisresponsibleforthe District'sStateHazardMitigationPlan.Thecurrent
planwasapprovedandadoptedin2023.ThisplanistheprimarysourceofnaturalhazarddatafortheDistrict
andcontainscapabilitiesandmitigationactionsforallDistrictagencies.TheplancoversallDistrictagencies,
cludingthosethatpartnertoadministertheResilientHousingforAllRLF,aswellasDistrictorganizationsthat
areseparatelegalentities,includingthosedescribedinsubsequentsections.
3.2 Department of Housing and Community Development
DHCD createsand preservesopportunitiesforaffordablehousingandeconomicdevelopmentwithan
emphasisonrevitalizingunderservedcommunitieg-inthe,DistyigtyQHCDjsthekeyadministeringagencyfor
affordablehousingandcommunitydevelopmentprograms.DHCD managesa ConsolidatedRequestfor
14 (ER SystGOVERNMENT OF THE& Aeosraict OF COLUMBIA
Sy MURIEL BOWSER, MAYOR
Proposals(RFP)processtocollectproposalsforprojectsthatsupportaffordablehousingintheDistrict.The
Consolidated RFP process isdescribed in detail in Section 5.1.1 of this IUP. DHCD focuses on three strategic
objectives:
* Producingandpreservingthesupplyofqualityaffordablehousing
= Increasinghomeownershipopportunities
* Revitalizingneighborhoods,promotingcommunitydevelopment,andprovidingeconomic
opportunities
DHCDhasawiderangeofprocessesandrequirementsinplaceforevaluatingprojectsforfunding,conducting
projectmonitoring,andcollectinginformationforfinancialreporting.Theserequirementsapplytoallprograms
andfundingmechanismsthatfacilitateprojectsataffordablehousingdevelopments,includingtheHousing
ProductionTrustFund(HPTF).Throughtheseexistingprocessesandrequirements,DHCD providesoversight
andmonitoringofprojectsandensuresallfinancialreportingandauditrequirementsaremetthroughoutthe
fundingandimplementationofprojects.
3.3 Housing Production Trust Fund
TheHPTFisthemajorlocaltoolusedtoproduceandpreserveaffordablehousingintheDistrictofColumbia,
Itisa specialrevenuefundadministeredby theDHCD Developmentand FinanceDivision(DFD)thatprovides
gapfinancingforaffordablelow-andmoderate-incomehouseholds.TheHPTFisanexistingpermanent,
revolvingfundorganizedandadministeredtofacilitatethecreationofaffordablehousingandrelatedactivities,
forDistrictresidents,throughtheprovisionoffinancialassistancetoeligiblenonprofitandfor-profitdevelopers.
AsapartofthedevelopmentoftheHPTF,theHPTFAdvisoryBoardwasestablishedbytheCouncilofthe
DistrictofColumbia,undertheHousingProductionTrustFundActof1988,effectiveonJune8,1990(DCLaw
8-133;D.C.OfficialCodesection42-2802.01),asamended.ThepurposeoftheHPTFAdvisoryBoardisto
advisetheMayoronthedevelopment,financing,andoperationoftheHPTFandothermattersrelatedtothe
productionofhousingforlow-tomoderate-incomehouseholds.DHCDprovidesoversightandselectsprojects
tobefundedbytheHPTFthroughtheConsolidatedRFPprocess.Asaseparateentity,theHPTFiseligibleto
receivegrantsandloansanddistributefundstomeetthegoalsoftheHPTF,
3.4 Districtof Columbia Green Bank
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
15
TheDistrictofColumbiaGreenFinanceAuthority("DCGreenBank")providesaccesstocapital,growingthe
cleaneconomyto developamoreequitable,resilient,andsustainableDC.TheDCGreenBankleveragespublic
purposefundingtoattractprivatecapitalto:
= Createjobsandspureconomicgrowth.
= MeettheDistrict'ssustainabilityandresiliencegoals.
* Reducecarbonemissionsandinstallcleanenergysystems.
= Reduce residents’
ycosts.
"Improveinfrastructureresilience.
The Mayor and City Council created DC Green Bank in 2018 with the Districtof Columbia Green Finance
AuthorityEstablishmentAct.Withthecleargoalofacceleratingthecleanenergytransition,DC GreenBank
aimstomobilizeprivateinvestmenttoprovidegapfinancing,removeup-frontcosts,andmaximizetheimpact
ofpublicinvestmentsincarbonneutrality,climateresiliency,andinclusiveeconomicgrowth.DC GreenBank
facilitatesamoreequitablegreentransitionwhereallDC residentsarerecipientsofthebenefitsofacleaner
andmorevibrantcity.
TheDC GreenBankisaninstrumentalityoftheDistrictgovernment,withaseparatelegalexistencewithinthe
Districtgovernment(pleaseseeD.C. Law22-155,GreenFinanceAuthorityEstablishmentActof2018formore
information).The DC Green Bank isauthorizedto receiveloansunder the Code of the Districtof Columbia
Section8-173
(16)Subjecttotherequirementsoff8-73.41,§1-29.01,and§1-P04.46b,toapplyfor,andto receive,
contributions,gifts,grants,subsidies,realandpersonalproperty,labor,services,orotherthingsofvalue
fromanysource
Asaseparatelegalentitywiththeauthoritytoreceiveloans,theDCGreenBankiseligibleasaloanrecipient
fortheSafeguardingTomorrowRLFprogram,pertherequirementsoftheSTORMAct.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
16
4. Agency Partnership Structure
4.1 Overview
Whenconsideringhowtosetupastructuretoreceive,manage,anddistributeSafeguardingTomorrowRLF
fundingintheDistrict,theDistrictgovernment'sroleinplayingbothtraditional‘state’and‘local’functionsmust
beconsidered.TheDistrictwasoriginallyestablishedasabodycorporateformunicipalpurposes(Codeofthe
DistrictofColumbiaSection§1-102)buthasmanyresponsibilitiesandfunctionsofastategovernment,which
areestablishedwidelythroughouttheCodeoftheDistrictofColumbia.AstheDistrictgovernmentprovides
bothstateandlocalgovernmentfunctions,andtherearenotypicallocalgovernmententitieswithintheDistrict,
HSEMAandpartneragenciesdevelopedauniqueprocesstoestablishfheResilientHousingforAllRLF.The
programmaticadministration,distributionoffunds,financialadministration,andprojectmonitoringwillbe
completedthroughapartnershipoffourDistrictagenciestobothmeettherequirementsoftheSTORMAct
andtoeffectivelymanagetheprogramintheDistrict.ThisnotonlyincreasesvisibilityoftheSafeguarding
TomorrowRLFfundsacrossmultipleagenciesbutallowsfora higherlevelofaccountabilitybyensuring
interagencycommunicationandcollaboration.
UnderthesuggestedstructureoftheprogrambyFEMA,acapitalizationgrantwillbeissuedtotheStateAgency
who willthenprovideloanstoLocalGovernmententitiestofundtheidentifiedmitigationprojects.These
projectswilllikelybecompletedthroughtheuseofprocuredcontractorstofulfilltheneedofthescopesof
workandcloseout.TheDistrictwillapplyasimilarapplicant-fubapplicantstrategybutwillissuethefunding
throughvariousagencies,eachwitha differentrole.Theflowchart(
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
7
o
o
o
o
19
Figure2below,showinghowitcomparestothetraditionalstatestructureandhowitmeetsthe
requirementsoftheSTORM Act.
SiigGOVERNMENT OF THE=== DISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
SuggestedStructureforStates
FEMA'sSuggested ResilientHousingforAll
StructureforStates ProgrammaticStructure
EntityAdministration“nttyloanfundssolbe Besaneaanvideanee Uo eee cay HSEMAandDHCD HPTFresponsibleforemergency ea ec ee ere ec‘management.Financial Cc \dministration ie Fea‘edministrationmaybe lost Day See Ta
delegatedtoanotheragency. | |Loan
LoanRecipientTheentitywiprovidedirect
Toanstolocalgovernments ere Retr id{forprojectsandactivitiesthatmitigatetheimpactsofoturolhard.
eta gees acs
|consi fiom
ProjectImplementationTheSTORMActndthe reneeSafeguardingTomorrowRLE SoliINOFOdootprovide ead‘guldonceonhowthelon{eltonmustfocitheimplementationoroe |convacting
CU ed
eee aay eet a
eed ar
ThisstructurewasdevelopedbyallpartneragenciestomeetthespecificrequirementsoftheSTORMAct.
FurtherdetailsonhoweachaspectoftheResilientHousingforAllRLFstructuremeetstherequirementsofthe
STORMActandtheSafeguardingTomorrowRLFNOFOareincludedinTable1below.
GOVERNMENT OF THEDISTRICTOF COLUMBIA
oc MURIEL BOWSER, MAYOR
20
Table1.ResilientHousingforAllRLFandSTORM ActRequirements
EntityAdministration
Entityloanfundsshallbe
administeredbytheagency
responsibleforemergency
management.Financial
administrationmaybedelegated
toanotheragency.
A participatingentitymay
combine the financial
administrationoftheentityloan
fund withthe financial
administrationofanyother
revolvingfundiftheAdministrator
determinesthat(a)the
capitalizationgrant,entityshare,
repaymentsofloans,andinterest
earned are accounted for
separately;and (b)theauthority
toestablishassistancepriorities
andcarryoutoversightactivities
remainsinthecontroloftheentity
agencyresponsiblefor
emergencymanagement
HSEMAandDHCDwill
partnertoadministerthe
entityloanfund.Financial
administrationwillbe
delegatedtotheHPTF.
HSEMA,astheentityresponsible
foremergencymanagement,is
eligibletoadministertheentity
loanfund.
TheHPTF,asaspecialrevenue
fundadministeredbyDHCD,is
abletohosttheRLF.Allfundswill
beaccountedforseparatelyand
HSEMA willretaincontrolover the
selectionofprojectstoreceive
loansandprojectoversight.
LoanRecipient
Theentitywillprovidedirectloans
tolocalgovernmentsforprojects
andactivitiesthatmitigatethe
impactsofnaturalhazards.
DHCD, as administratorof
theHPTF,willdistributethe
fundsthroughaloantothe
DCGreenBank
TheDistrictgovernmentprovides
bothstateandlocalgovernment
functions,andtherearenotypical
‘localgovernment’entitieswithin
theDistrict.Asaseparatelegal
entity,theDC GreenBank
qualifiesasa‘localgovernment.’
pertheStaffordAct,Sect.102(8).
Astheeligibleentity,HSEMA is
21
ficigtGOVERNMENT OF THE=== DISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
abletointerpretwhatthey
consideralocalgovernment.
Underthe District'sauthorityand
per the StaffordAct, HSEMA
confirmsthattheDCGreenBank
iseligibletoreceiveloansasa
localgovernment.
ProjectImplementation TheDCGreenBankwill | Inotherstates,projectswilllikely
provideloanstoprivate_| becompletedthroughtheuseof
TheSTORMActandthe housingdevelopersthat__|procuredcontractorstofulfilthe
SafeguardingTomorrowRLF havebeenselectedby needofthescopesofworkand
NOFOdonotprovideguidance| HSEMAandDHCDforthe| closeout.Theonlydifference
onhowtheloanrecipientmust | implementationofhazard_| betweenthisapproachandthe
facilitatetheimplementationof__| mitigationprojectsat ResilientHousingforAllRLF
projects. affordablehousing approachisthatloanswillfirst.go
developments. toaffordablehousingdevelopers
whowillcontractwithprivate
firmsforprojectimplementation.
The rolesofeach agency withinthe ResilientHousing forAllRLF aredescribedinfurtherdetailbelow.
4.2 Agency Roles
4.2.1Homeland Securityand Emergency Management Agency
Theentityloanfundmustbe managedby theapplicantentity'sagencyresponsibleforemergency
management.HSEMA leads,plans,andcoordinatestheDistrict'shomelandsecurityandemergency
managementeffortstoprevent,protectagainst,respondto,mitigate,andrecoverfromallthreatsandhazards.
HSEMAwillberesponsiblefortheprogrammaticmanagementandoversightoftheSafeguardingTomorrow
RevolvingLoanFund.HSEMAwillleadallcoordinationwithFEMA,andwillensurethatasfundsrevolve,the
fundingwillcontinuetosupportresilienceprojectsintheDistrict,ratherthanemergencyoperationsorother
projects.HSEMA willalsobe responsibleforallprogrammaticreportingrequirementsinaccordancewith42
U.S.C.§5135(h)(2)andFEMAbestpracticesincluding,butnotlimitedto,publicationofinformation,quarterly
progressreports,closeoutreporting,andadministrativecloseout.TheResilientHousingforAllRLFwilluse
monitoringandoversightcontrolsinlinewithexistingHSEMAprocessesforgrantmanagement.These
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
22
processeswillinvolvecommunicationwiththeloanapplicants,recipients,andpartnersthroughoutmanyphases
oftheproject,applicationevaluation,reporting,andprogrammaticoversight.
4.2.2DepartmentofHousingandCommunityDevelopment
DHCD willpartnerwithHSEMA toadministertheentityloanfund.As theagcngyrgspongibleforqqgatingand
preservingopportunitiesforaffordablehousing,DHCDhasmanyexistingprocessesandprogramsinplaceto
identifyprojectstoimproveaffordablehousing,providefundingtoimplementtheseprojects,andmonitor
projectsthroughtheircompletion.Of particularnote,DHCD managesa ConsolidatedRFP processtocollect
proposalsforprojectsthatsupportaffordablehousingintheDistrict.AstheprimarygoaloftheResilient
HousingforAllRLFistofinancehazardmitigationportionsofaffordablehousingprojectstoreducetheimpacts
ofnaturalhazardsonaffordablehousingdevelopments,DHCD'sexistingprocessesmustbeleveragedto
ensurethisgoalismet isthemostefficientmanner.Inadditionto supportingtheidentificationofprojects
throughtheirexistingConsolidatedRFPprocess,DHCDwillserveastheleadformonitoringprojectcompletion
andensuringthefundsareusedasrequiredbytheJoans.DHCDwillalsosupportenvironmentalandhistoric
preservationreviewbyFEMAinpartnershipwithHSEMA.
4.2.3Housing ProductionTrustFund
FinancialadministrationoftheResilientHousingforAllRLFwillbeconductedbytheHPTF.jAsdescribedin
Section2,theHPTFisanexistinglocallyfundedrevolvingloanfundthatwascreatedtofinancetheproduction
andpreservationofaffordablehousing.TheHPTFisstatutorilyestablishedasapermanentrevolvingloanfund
withdedicatedfundingthroughrealpropertytransferand deed recordationtaxes(seetheDistrictCodefor
moreinformation).TheMayorandCouncilhaveregularlyfundedtheHPTFwithadditionalfundsbeyondthe
statutorilyrequiredamounts,withfundingofatleast$100millionannuallyfor9consecutiveyears.
ThefinancialstatusoftheHPTFisdocumentedeachyearinannualauditreports.Themostrecentauditwas
completedforthefiscalyearfromOctober1,2020,throughSeptember30,2021.Thisauditreportisavailable
publiclyonlineandincludesinformationforboththisandthepreviousfiscalyear.Specifically,thereport
includesfinancialinformationonallassets,liabilities,anddeferredinflows,aswellasrevenues,expenditure,
andchangesinfundbalances.Attheendofthefiscalyear,theHPTFhada restrictedfundbalanceof
$266,439,580.Formoredetailsandfinancialhighlights,pleaseseetheonlinereport.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
23
4.2.4DistrictofColumbia Green Bank
The DC Green Bank willserve as the loan re
nt.DC GreenBankillthenlendthesefunds directlyto
affordablehousingprojectdeveloperstofundresilienceandmitigationmeasuresthathavebeenidentifiedas,
pertheprocessoutlinedinSection5.1.
AsaninstrumentalityoftheDistrictgovernment,theDCGreenBankqualifiesasa‘localgovernment.’perthe
StaffordAct,Sect.102(8)theSafeguardingTomorrowRLFprogramdefinesalocalgovernmentasthefollowing:
(8)LocalGovernment -The term “localgovernment” means - [A)a county,municipality,city,town,
township,localpublicauthority,schooldistrict,specialdistrict,intrastatedistrict,councilofgovernments
(regardlessofwhetherthecouncilofgovernmentsisincorporatedasanonprofitcorporationunderState
Indiantribeorauthorizedtribalorganiz:
n,orAlaskaNativevillageororganization,tha
Indiantribalgovernmentasdefinedinparagraph(6);and(C)aruralcommunity,unincorporatedtown
Asthepligibleen
authorityandpertheStaffordAct,HSEMA confirmsthattheDC GreenBankiseligibletoreceiveloansasa
localgovernment.TheDCGreenBankwillserveastheprimaryloanrecipientandwilldelegatefundingto
privateaffordablehousingdevelopersforthepurposesoftheSafeguardingTomorrowRLF.Eligibleloan
recipientsincludeonlythoseprojectson theProjectPrioritizationList,selectedforfundingby HSEMA and
DHCD indirectaccordancewiththeDistrict'spriorities.ThiswillensuretheDistrictwillmaintaincomplete
oversightofthefundsandallowforincreasedvisibilityinthedecision-{nakingofthefundingusesand
allocations.TheDCGreenBankwilladministerloanstoeligibleprojectsinthispipelinebecausetheseprojects
arecenteredaroundthesharedgoalofequitabledistributionoffinancingtoreachlow-Incomegeographic
areasandunderservedcommunitiesmostinneedoffinancingassistance.
4.3 StakeholderEngagement
TheDistricthaslongstandingpartnershipsthathavefacilitatedtheacquisitionandmanagementoffederal
fundingformanyyears.TheserelationshipsandprocessesdemonstratethattheDistricthasthecapacityto
EX
24 DISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
Renae OF THE
Kl )
receivefundingfromtheSafeguardingTomorrowRevolvingLoanFund,aswellastheknowledgeandcapability
tomanagethefundingeffectivelyoncereceived.Theestablishedpartnershipsandprocesseswillbeleveraged
ateachstepinthemovementoffundsfromFEMAtoindividualmitigationprojects,ensuringthatfundsare
managedefficientlyateachstep.ThisIUPisstructuredaroundthisexistingprogrammaticinfrastructureto
ensureeffectiveadministrationoftheResilientHousingforAllRLF.
HSEMA’sHazardMitigationProgramadvanceshazardmitigationandresiliencethroughengagementwithother
Districtagencies.TheProgrambuildsnewdatasetsthatcapturetheriskofnaturalhazardeventsandthe
vulnerabilityofresidentsandsharesthisdatawidelyacrossDistrictagenciesandwithresidentsthroughthe
ReadyDCwebsite.Throughstakeholderoutreach,theHazardMitigationProgramensuresresidents’viewsof
hazardsandtheirmitigationneedsarereflectedintheDistrict'shazarddata.HSEMAreliesonfederalfunding
andon partnershipswithotherDistrictagenciestoimplementmitigationprojects.TheHazardMitigation
Programfacilitatesaccesstofederalfundingthroughoutreachandtechnicalassistance,programmaticsupport,
andprojectdevelopment.
TheHazardMitigationProgramprovidestechnicalassistanceandoutreachsupporttootherDistrictagencies
tohelpthemunderstandhownaturalhazardriskimpactsth
assets,plans,andprograms.Thisassistance
helpsagenciesidentifyeffectivemitigationactionsandadvancetheplanningfortheseprojectstobereadyfor
implementation.Technicalassistancemayincludemeetingtoreviewavailablehazardmitigationresources,
completinga riskassessmentonaspecificsite,orconductingabenefit-Fostanalysistodeterminethefeasibility
andeffectivenessofa givenproject.Outreachsupportmayincludesharinginsightsgainedfrompreviouspublic
engagement,organizingmeetingstobringtogethermanyDistrictstakeholders,ordevelopinganoutreach
strategytogainpublicfeedbackona proposedproject.ItisthroughthisengagementthattheHazard
MitigationProgramhasdevelopedwell-pstablishedrelationshipswithimplementingagenciesandisableto
effectivelybuildapipelineofprojectsforfunding,Thishascreatedlong-termsuccessintheimplementationof
projectsthatbuydownriskandprotectresidentsandcriticalinfrastructurefromnaturalhazards.
HSEMAhasa strongworkingrelationshipwiththeDistrictHistoricPreservationOffice(SHPO).Therelationship
betweenFEMA, HSEMA, and theSHPO isestablishedand governedby the2019 ProgrammaticAgreement.
ThisProgrammaticAgreementoutlinestheresponsibilitiesofeachpartyaswellastheprocessforeffectively
integratinghistoricpreservationcomplianceconsiderationsintothedeliveryofFEMA assistance.Perthis
guidance,HSEMAhassuccessfullyfacilitatedSHPOreviewofmanyFEMA-jundedhazardmitigationprojects.
25 GES tafistGOVERNMENT OF THE(( )Aeosraict OF COLUMBIA
X J MURIEL BOWSER, MAYOR
Thiswell-tstablishedprocesswillbeleveragedtoensureallResilientHousingforAllprojectswillmeetthe
environmentalandhistoricpreservationrequirementsofbothSHPO andFEMA.
HSEMAandDOEEhavealong historyofpartneringonresiliencyeffortsintheDistrict.DOEEhasprovided
invaluableinsighttothisIUPthroughdiscussionsofsimilarprogramsattheiragencyandhowtobeststructure
theseprogramsintheDistrict.DOE iscurrentlysettingupasimilarprogramfortheDepartmentofEnergy's
EnergyEfficiencyRevolvingLoanFundCapitalizationGrantProgram.Thereareseveraldifferencesbetween
thisprogramandtheSafeguardingTomorrowRLFthatmaketheEnergyEfficiencyRLFprogrameasierto
implementintheDistrict,includingthattheEnergyEfficiencyRLFloanscanbegiventootherstatee
ies,
whileSafeguardingTomorrowRLFloansmustbegiventoalocalgovernmententity.Despitethesedifferences,
engagementwithDOEEhasbeenhighlybeneficialtounderstandingtheroleofrevolvingloanfundprograms
intheDistrict.HSEMA willcontinuetoworkwithDOEE tolookforopportunitiestoleverageadditionalfederal
andlocalresources,includingadvancingdifferenttypesofresilienceprojectsonsimilarproperties.Towards
thisend,HSEMAwillworkcloselywithstormwaterexpertsandprogramstaffatDOEEtoapplytheStormwater
RetentionCreditTradingProgramtostormwatermanagementcomponentsoftheResilienceHousingforAll
RLFprojects.
HSEMAhasleveragedthesestrongpartnershipsandexistingprocessesbycollaboratingacrossmultiple
agenciesintheDistrictduringthedevelopmentofthisIUP.DHCDandDCGreenBankhavebeenandwillbe
integralmembersinthecreationandlongevityoftheResilientHousingforAlllRLFthroughtheirvariousroles
fromprojectselectiontoloandisbursement.TheResilientHousingforAlllRLFismanagedthroughopenlines
ofcommunicationanda collectivedrivetoalignprogramsinawaythatadvancestheimplementationof
resilienceprojectsforaffordablehousing
4.4 PublicEngagement
AccordingtotheSafeguardingTomorrowRLFNOFO,applicantsmust“provideaprojectproposalli
,priorto
submittinganappli
tion,thatresultsfromapublicnoticeofnolessthansixweeksinlength,invitinghazard
mitigationprojectproposalsfromlocalgovernments,asrequiredby42U.S.C.§5135(b\(1)(A).”Tomeetthis
requirement,HSEMA createda ResilientHousingforAllwebsitewithinformationabouttheSafeguarding
TomorrowRLFprogram,howtheDistrictplanstousethefunds,anda linktoasurveywhereinterestedparties
couldsubmitinformationaboutpotentialprojects.Thisinformation,includingthesurvey,waspostedonAugust,
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
26
15,2025.Similarly,applicantsmust“provideanIUPthathasbeenpublishedbytheapplicantforreviewand
commentpriortosubmittinganapplication,asrequiredby42U.S.C.§5135(g).HSEMApublishedthedraft
IUPto thesameResilientHousingforAllwebsiteforpublicreviewand comment on August15,2025.
DocumentationofthesepublicationsisprovidedinAppendixA.
Inadditiontoprovidingthepublicwiththeopportunitytosubmitprojectsforconsideration,theDistrictalso
collectedprojectsby utilizingtheexistingpipelineofprojectsbeingconsideredthroughtheDHCD
ConsolidatedRFPprocess.DHCDcollectsapplicationsfromaffordablehousingdevelopersforavarietyof
projectsthroughtheConsolidatedRFPprocess,includingprojectswithresilienceelements.Byutilizingthis
existingprocess,theDistrictisabletoreachtheidealloancandidatesthroughpreviouslyestablishedchannels.
TheConsolidatedRFPprocessandthestepstakentocollectprojectsfortheprojectprioritizationlistare
describedindetailinSection5.1.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
27
5. Funding Process
5.1 ProjectSelection
AccordingtotheSafeguardingTomorrowRLFNOFO,applicantsarerequiredtosubmita listofproject
proposalsthatcompriseslocalhazardmitigationprojectsper42 UnitedStatesCode Section5135(b)(1A).
Theselistsshouldbeprioritizedtoidentifyhowtheentitywillusethecapitalizationgrantfunds.HSEMAand
DHCD partneredtoestablisha ProjectPriorityList(PPL)fromacurrentlistofprojectproposalsthatwere
submittedthroughtheDHCDConsolidatedRFPprocess.ProjectsonthePPLmeettheSafeguardingTomorrow
RLFobjectivesoffinancinghazardmitigationprojectstoreducerisksfromnaturalhazardsanddisastersand
willthereforebe eligibleforthe ResilientHousingforAll RLF funds.
5.1.1DHCD ConsolidatedRFP and EvaluationMethodology
Eachyear,DHCDreleasesaConsolidatedRequestforProposalforAffordableHoysing(ConsolidayedRFP)in
conjunction with the DCHA, DBH, DHS, DOH, DOEE, HSEMA, and DCHFA, to facilitatethe funding of
affordablehousingprojectsintheDistrict.
‘TheRFPseeksimpactfulproposalstoproduceandpreserveaffordablehousingunitswithanemphasison
* Householdsearning30percentoftheMedianFamilyIncome(MF)orbelow,includingPermanent
SupportiveHousing(PSH)forindividualsandfamilieswhowereoncehomelessandcontinuetobe
atimminentriskofhomelessness.
= Projectsthatareinareasofthecitywithadeficitofaffordablehousing.
= Projectsthatarereadytoquicklyproceedtoclosingandconstruction.
= Projectsthatproduceorpreserveunitsthatarenotcurrentlysubjecttoanaffordabilitycovenant
(Le.,netnew units)
DHCDhasadetailedreviewandselectionprocesstodeterminewhichapplicantswillreceivefunding.DHCD's
DFD completesthethresholdeli
ityreview,evaluatesprojectsagainstthescoringcriteria,andissues
selectionletters.Inaddition,DHCD'sOPM conductsacompliancereviewofprojectschosenbyDFD.
ThresholdEligibilityReview
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
28
ApplicantsarereviewedagainstacombinationofThresholdEI
ityRequirementsandEvaluationCriteria
SuccessfulConsolidated RFP candidates must submit documentation thatfullydemonstrates theircompliance
withtheThresholdEligibilityRequirementsthatincludeProjectCriteria,FinancialCriteria,ApplicantCriteria,
ReportsandPlans,andComplianceCriteria.Theonlyeligiblefundingrequestsareforeitheraffordablehousing
productionorpreservationprojecttypes.Productionisdefinedasfinancingfornewconstructionprojectsor
projectsthatrehabilitatevacantbuildingsthatproduceunitsreservedforhouseholdsearningbetween0.80
percentofMFIor31-60percentofMFI.Preservationisfinancingfortheacquisitionand rehabilitationof
existing,occupiedhousingwithatleastfivepermanenthousingunits,whereaffordabilitywillbepreservedfor
existinglow-|ncometenantsatanyincomelevelnogreaterthan80percentofMFI.
AllprojectsthatmeettheThresholdEligibilityRequirementswillbecompetitivelyevaluatedin5 areas:Project
Readinessand PastPerformance,Inclusiveand EquitableHousing,Place-BasedPriorities,Maximizingthe
impactofDHCDResources,andInnovativeandCommunityOrientedFeaturesorProgramming.Theprojects
withthehighestscoreacrossthesecategorieswillbeprioritizedforfinancingsupport.
‘ComplianceReview
DHCD’sOPM conductsacompliancereviewofprojectsselectedtoreceivefinancialsupport.OPM reviews
documentssubmittedbyaproject'sdevelopmentteamonceaprojectpassestheConsolidatedRFPthreshold
y B.
EnvironmentalRequirementsC.HistoricPreservationD.TheFairHousingActE.ProgramandProject
review.Thiscompliancereviewcoversthefollowingsubjectareas:A. FundingSource
AccessibilityF.Section3oftheHousingandUrbanDevelopmentActof1968G.ExternalAgencyCompliance
Requirements(FirstSource,AffirmativeAction,SBE)H.LaborStandards(DavisBacon,CWHSSA)|.Relocation
(ifapplicable).
Tie-BreakingProcedure
Intheeventofatieintheselectionprocess,projectswiththefewestnegativepointswillbeplacedhigheron
theResilientHousingforAllPPLandwillthendefaulttothePlaceBasedPrioritiesscoringsectionspecifically.
5.1.2ProjectVettingandSelection
OnceproposedprojectsarecollectedthroughtheconsolidatedRFPprocess,DCHDisresponsibleforvetting
thesubmittedprojectstoensurethosebeingfundedmeettheextensiverequirementsforfunding.DHCDwill
issueLettersof Commitment (LOC) forthose thatare selected.The LOC willcontaina seriesof conditionsthe
29 Graces DISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
Renae OF THE
Kl )
o
o
o
o
managementprojects,whichwillreducetheriskoffloodingataffordablehousingdevelopments.Thislistof
projectsisthePPLsubmittedwiththisIUPaspartoftheapplicationtoFEMA fortheSafeguardingTomorrow
RLF
By buildingupon theexistingConsolidatedRFP and evaluationprocesses,theDistrictensuresthattheRLF
fundswillbeallocatedtowardprojectsthatpromotg-equityobjecyvesandmeetbaselinerequirements,
jientHousingforAllRLFPPLareinlinewiththeSHMP,otherDistrict
includingthattheprojectsontheRe:
hazardmitigationefforts,andSafeguardingTomorrowRLFobjectives.
5.1.4Environmentaland HistoricPreservationCompliance
HSEMAhasawell-establishedprocessforgainingenvironmentalandhistoricpreservationapprovalforall
federal-fundedprojects.AnyprojectreceivingfederalfundsmustmeettherequirementsoftheNational
EnvironmentalPolicyAct(NEPA)includingassociatedfederal,state,andlocalenvironmentallawsandpolicies.
ForFEMA4undedprojects,acompleteapplicationcontainingadetailedscopeofwork,maps,andphotosis
requiredforFEMA'senvironmentalandhistoricpreservation(EHP)review.TherelationshipbetweenFEMA,
HSEMA,andtheSHPOjsestablishedandgovernedbythe2019ProgrammaticAgreement.Thisdocument
outlinestheresponsibilitiesofeachpartyaswellastheprocessforeffectivelyintegratinghistoricpreservation
complianceconsiderationsintothedeliveryofFEMAassistance.Foreachprojectrequiringconstruction,
HSEMA conductsa desktopreviewoftheprojectsitetodemonstratethatthemitigationsolutionminimizes
harmtotheenvironmentandhistoricresources.HSEMAsendsthisdocumentationtotheSHPOforreviewand
concurrenceahead of FEMA's approvalof the grantapplication.Lettersfrom the SHPO documenting
2 orcondi
DHCDalsohasawell-pstablishedprocessforfacilitatingSHPOreviewofprojectsbeforefinanciallysupporting
housingprojects.DHCD'sOfficeofProgramMonitoring(OPM)facilitatescommunicationwithSHPO,including
theprovisionofrequireddocumentationforeachprojectunderreview.OPM createsanEnvironmentalReview
Record(ERR)forlocallyandfederallyfundedprojectsasrequiredby24CFRPart58.TheERRisbasedonHUD's
guidelinesandinstructionsforcomplyingwiththeNationalEnvironmentalPolicyActof1969.OPM provides
clearancefora projecttoproceedfollowingthereviewoftheprojectactivity,projectsummary,andother
supportingdocuments.While DHCD is responsibleforthe ERR, the SHPO must agree withOPM’s
determinationregardinghistoricalimpact,astheyarethefederallydesignatedofficethatmustconcurwith
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
32
OPM'sdecision.FederallyfundedprojectsmayalsorequireamoreextensivereviewbySHPOincompliance
with Section 106 of the National Historic Preservation Act of 1966 if the proposed actions affect historic
buildings.
As bothHSEMA andDHCD haveestablishedrel
ionshipsforfacilitatingSHPO reviewofprojects,thetwo
entitieswillworktogethertocollectandsubmitrequireddocumentationforEHPreviewofResilientHousing
forAllRLFprojects.Thetwoprocesseswillbestreamlinedandcoordinatedtoensurethereisnoduplicationof
efforts.FEMAhasnotedthatadditionalinformationontherequirementsforEHPreviewwillbeprovidedata
laterdate.Oncethisadditionalinformationhasbeenprovided,HSEMAandDHCDwillworktogethertofinalize
theexactprocessforfacilitatingEHPreview.HSEMAwillbetheentityresponsibleforcommunicatingwith
FEMAandensuringallmitigationprojectsmeettherequirements.
5.2 EntityFund Set Up
5.2.1Fund Transfer
HSEMA’sHazardMitigationProgramandtheGrantsBureauworktogethertosecureandmanagefundingfor
hazardmitigationprojects.TheGrantsBureauholdstheprimaryfinancialresponsibility,whiletheHazard
MitigationProgramactsasanextensionofsupportforFEMAfundmanagement.Thiswell-established
relationshiphasallowedHSEMAtosecureandmanageover$100millioninfederalawardsfromFEMA'sHazard
MitigationAssistanceprogramsandwillbeleveragedtofacilitatethetransferoffundingfrom,
‘OnceanawardisreceivedfromFEMA,theprojectissetupinHSEMA’sSharePointsystem,whichisthecentral
repositoryforreportingand documentmanagement.HSEMA developsa Memorandum of Understanding
(MOU)forthesubrecipient,whichissignedbyallpartiesanduploadedintoSharePoint.A BudgetEstablishment
Formisthencompleted,andthefundsaretransferredtothesubrecipient.Thisprocesshasbeenexecuted
successfullyformanyfederalawardsandwillbeutilizedtotransferthefundsfromFEMA.A MOU willbesigned
to enable the loanof fundsto the DC Green Bank.
OncetheMOU issigned,theRLFwillbeestablishedwithintheHPTF.Thisaccountwillhouseallfundsrelated
totheprogram,includingprincipalrepayments,interestrepayments,andanyinterestearnedontheaccount
balance.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
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5.2.2CostShare
AccordingtotheSafeguardingTomorrowRLFNOFO,e1
iesmustcontributenotlessthan10percentofjhe-
capitalizationgranttotheentityloanfund.The HPTFwillensurethattherequiredcontributionisproperly
allocatedthroughgapfinancingtocontributetherequired10percentlocalsharefromitsexistinguncommitted
funds. The most recent HPTF fund balance was reported to be $381,864,551 in FY23year-end uncommitted
funds.ThisdemonstratesthatthereismorethansufficientfundingintheHPTFtocontributetherequired10
percentlocalcostshare,allowingthetransferofthecapitalizationgrantfromFEMA.
Inadditiontothelocalcostshareforhazardmitigationprojects,theHPTFwillco-|nvestonallprojectsbeing
fundedby theResilientH:
elements).Average HPTF loans represent20% or more of the capitalprovided to createthese affordable
housingprojects.WhiletheseloansareseparatefromtheResilientHousingforAllRLF,theyrepresentalarger
localinvestmentinaffordablehousingprojectsintheDistrict.
5.2.3HPTFFinancialReportingRequirements
TheDistrictwillensurecompliancewithallFederalrequirementsper42U.S.C.§5135.TheHPTFisgoverned
by an existingregulatorystructuredefinedby DHCD. DHCD providesan annualREPCompliance and
MonitoringReferenceGuide,whichoutlinestherelationshipbetweenDHCDandthosewhoreceiveagency
funds,includingtheHTPF.TheGuidedefinesallrequirementsthatapplytotheHPTF,includingapplicable
Districtandffderalrulesandregulations.TheGuidealsodescribesDHCD'sstandardsandprocessesforfunded
projectsanddetailswhatDHCDexpectsfromapplicantsandtheirprojectteamsduringeachprojectphase.
FinancialStatements
Throughouttheloanterm,theHPTFfundedprojectsmustsubmitthefollowingdocumentstoDHCD annually
(forthegivenfiscalyear):
1.Finalauditedfinancialstatements(subjecttotheGenerallyAcceptedAccountingPrinciples)
2.Finalfederaltaxreturn
3.EvidenceofcommercialpropertyinsurancewithDHCDaddedasanAdditionalInterest,LossPayee
4.EvidenceofliabilityinsurancewithDHCDaddedasaCertificateHolder
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
34
a Copyof operatingreserveaccountstatements(ifapplicable)
= Proofofpaymentofrealestatepropertytaxes
7. Currentbusinesslicense
8.ReconciliationofDHCD-fundedexpenditures
9. Projectoperatingstatements
10.An OfficeofManagementandBudgetCircularA133 auditorotherapplicableauditrequirements
outlinedin2CFRChapter1,ChapterII,Part200etal.Thisdocumentisduebythe120thdayafter
thecloseoftheApplicant’s/Grantee'sfiscalyear.
ReportingRequirements
TheHPTFfundedprojectsmustprovideDHCD withallinformationneededtomeetDistrictandfederal
reportingrequirements.Itmayinclude,butisnotlimitedto,informationonhouseholdsize,age,income,sex,
andraceorethnicityofalloccupantslivinginhousingunitsfundedbyDHCDloansandgrants.
GeneralMonitoringRequirements
Throughouttheloan,theHPTFfundedprojectsmustbepreparedforandfacilitateprojectmonitoringby
DHCD.Theyagreeto:
= Facilitatemonitoringbycreating,storing,andmaintainingallprojectrecordsinaccordancewith
DHCD'srequirements
= Permitdeskmonitoring,sitevisits,andaudits
= PermitinspectionsofprojectrecordsasDHCDdeemsnecessarytoensuretheupkeepand
operationoftheprojectincompliancewithDistrictandFederallaws
Audit Requirements
TheHPTFissubjecttoannualauditrequirements.Auditswillbeconductedinaccordancewithauditing
standardsgenerallyacceptedintheUnitedStatesandthestandardsapplicabletofinancialauditscontainedin
GovernmentAuditingStandards,issuesbytheComptrollerGeneraloftheUnitedStates.Thosestandards
requirethatauditsareplannedandperformedtoobtainreasonableassuranceaboutwhetherthefinancial
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
35
statementsarefreefrommaterialmisstatement.HPTFwillutilizetheservicesofanoutsideCertifiedPublic
AccountingfirmtoconductanindependentaudittoensurefinancialintegrityfortheAnnualandBiennial
Audits.Ensuringtransparencyandaccountability,allauditreportsarepostedpubliclyontheDHCDwebsite.
The Districtwillmeetallfederalrequirementsper 42 UnitedStatesCode Section5135(h)(2):
A participatingentityshallpublishandperiodicallyupdateinformationaboutallprojectsreceiving
fundingfromtheentityloanfundofsuchentity,including—
(A)thelocationoftheproject;
(B)thetypeandamountofassistanceprovidedfromtheentityloanfund;
(C)theexpectedfundingschedule;and
(D)theanticipateddateofcompletionoftheproject.
Theserequirementswillbemetthroughexistingreportingprocesses.TheCodeoftheDistrictofColumbia§
42-2802establishestheHPTFandoutlinesspecificreportingandpublicationrequirementsfortheFund.The
projectsfundedthroughtheResilientHousingforAllRLFwillbesubjecttotheserequirements.
TheCode requiresthatDHDC:
* FilewiththeChairpersonoftheCouncilcommitteewithoversightjurisdictionovertheDepartment
ofHousingandCommunityDevelopmentquarterlyreportsonactivitiesandexpenditures,which
shallincludealistoftheFundloanrepaymentsdueandpaidduringthereportingperiodand
identifyalideveloperswhoarenotincompliancewithloanagreementterms.
* CreateandmaintainapubliclyavailabledatabaseofallFundloans,whichshallincludeloan
agreementswiththenameofthedeveloper,dateoftheaward,loanamount,interestrate,number
ofaffordablehousingunitscreatedwiththeloan,incomelevelsservedbythehousingunits,
periodoftimeunitsshallremainaffordable,andstatusofthedeveloper'scompliancewiththeloan
agreement.
ThepubliclyavailabledatabaseofallFundloansismaintainedontheDHCDwebsite.Allrequiredpublication
ofinformationregardingprojectsfundedbytheResilientHousingforAllRLFwilloccurthroughexisting
processesonthiswebsite.Publicationofprojectinformationwillcontinuebeyondtheperiodofperformance
ofthecapitalizationgrant.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
36
o
o
o
o
o
TheDCGreenBankwillestablishaseparateaccountforthedepositofanyfundsfromtheResilientHousing
forAllRLF. Itwillbe independent of other accounts and account records.DC Green Bank's loan administration
andmonitoringprocessesarein[inewithindustryacceptedstandards.Sinceitsfoundingin2018,DC Green
Bank'sloanportfoliohasperformedasexpectedwithnolossestodate.
5.4 Loans from the DC Green Bank to Affordable Hou:
‘Oncethefundsarereceived,theDC GreenBankwillprovideloanstoindividualaffordablehousingdevelopers
g Developers
fortheimplementationofhazardmitigationprojects.HSEMAandDHCDwillprovidethePPLtotheDC Green
Bank,whichdeterminestheeligibleprojectsforloansundertheResilientHousingforAllRLF.Thetimingfor
eachloanisdependentontheprojectstatusandthereviewbyDHCD.Informationontheexpectedstartdate
ofconstructionisincludedinthePPL(AppendixB).
Standard loanterms foraffordablehousing facilitiesfrom DC Green Bank areas follows:
= Interestrate:1.0%
= Loanterm:18years(3yearsforconstructionofimprovementsand15yearsforrepayment)
= Amortization:Interestonlyrepaymentduringtheconstructionperiodandpaymentofprincipaland
interestyears4118basedona35-/earamortizationschedule.Allremainingprincipalandinterest,
isdue attheloanmaturitydate.
Theloanamount,loanterm,andamortizationoftheloansfromtheRLFtoDCGreenBankwillgenerallymirror
thetermsgiventotheprojects.RepaymenttoDCGreenBankwillcomefromtheoperationsoftheaffordable
housingmultifamilyprojects,whichDCGreenBankwillthenusetorepaytheRLF.Thefundswillrevolveatthe
DC GreenBanklevelunti!allhavebeenrepaid,thentheDC GreenBankwillrepaytheloantotheHPTF.DC Green leveluntilall havebeenrepaid,thentheDC GreenB: repaytheloantotheHPTE
Allloanswillbenefitunderservedresidents,astheresilienceandmitigationmeasureswillbegoinginto
affordablehousingprojectswhichwillbenefitlow-|ncometenants.
5.5 ProjectMonitoring and Reporting
TheDistrictwilltakeamulti-agencyapproachtoprojectmonitoringandreporting,withpartnershipbetween
HSEMA, DHCD, and theDC Green Bank.DHCD istheleadagencyforprojectmonitoring,whileDC Green
Bankwillsupportobtaininginformationoneachproject.HSEMAwillberesponsibleforensuringtheRLFfunds
38 SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
willbeallocatedtowardprojectsthatpromoteequityobjectivesandmeetbaselinerequirements,including
thattheprojectson theResilientHousingforAllRLF PPL areinlinewiththeSHMP, otherDistricthazard
mitigationefforts,and SafeguardingTomorrowRLFobjectives.HSEMA willalsobe responsiblefor
communicationandreportingtoFEMA.
5.5.1ProjectMonitoring
Projectmonitoringwilloccurintwophases-Phase1willbetomonitortoensuretheresiliencymeasureswill
beputinplaceasagreed,andPhase2willbefinancialmonitoringforrepaymentoftheloanfa:
willleadprojectmonitoringthroughexistingprocesses,withsupportfromDCGreenBank.
Phase1—ConstructionofResiliencyImprovements
The constructionof resiliencyimprovementswillbe completedas partof a largeraffordablehousing
developmentproject.ProjectmonitoringrequirementswillbedefinedintheloanagreementbetweentheDC
GreenBankandtheloanrecipient.ThescopeofworkwillbeapprovedbyHSEMAasadministratorpriortothe
beginningofconstruction.Accordingto DHCD's existingmonitoringprocesses,duringtheconstructionof
improvementstherewillbemonthlyinspectionsbyanengineertoensuretheentireprojectiscompletedas
agreed.A monthlyreportwillbepreparedbyanengineerthatwillincludesitephotosandananalysisofthe
workcompletedtodate.ThereportwillbedirectlysenttobothDCGreenBankandHSEMAfromtheengineer.
Phase2- FinancialMonitoring
AstheRLFloanrecipient,DCGreenBankwillprepareacompiledquarterlyreportfortheHPTFonthepayment
1eachproject,Thisreportwillcontainthefollowinginformationasofquarterend
= ProjectName
= ProjectAddress
= Committed Loan Amount
= CurrentUnpaidPrincipalBalance
= LastPaymentDate
DHCD,astheleadforprojectmonitoring,willhaveaccesstoallprojectfinancialinformation.HPTFisrequired
toprovidequarterlyfinancialreportstoDHCD,asdescribedinSection5.2.3.DHCD willcompileinformation
39 GE tyictGOVERNMENT OF THEK DISTRICTOF COLUMBIA
S MURIEL BOWSER, MAYOR
fromprojects,DC GreenBank,andHPTFquarterlyandprovideallrequiredinformationtoHSEMAforthe
purposesofquarterlyreportingtoFEMA.
5.5.2Reportingto FEMA
HSEMA,astheadministeringagency,commitstoenteringprojectandfinancialdataintotheFEMANon-Grants
Outcomessystem(FEMAGO)fosupporttheevaluationoftheResilientHousingforAllRLFprogram.Among
otherparameters,FEMAwillusethedatafromtheauditsandreportingtoevaluatehowtheentityloanfunds
efficientlyadministerthefund,provideprojectbenefits,andpromoteequity.HSEMAwillenterprojectbenefits
dataintoFEMAGO bytheendofthequarterinwhichthecapitalizationgrantisreceived,Aftertheperiodof
performance,HSEMAwillenterrequiredprojectbenefitsdataintoFEMAGO bytheendofthefiscalyearfor
thisIUP,
HSEMAwillsupportpartneragencieswithmaintainingrecordsofwork,schedule,andexpenditures,aswellas
submittingregularprogressandotherinformationintheformofquarterlyreports.Quarterlyreportswillbe
submittedfollowingeachquarter'sendandwilldocumentprogress,issuesandresolutions,anymodifications,
andotherprojectstatusitems.Throughthemanagementofover$100millioninFEMAHMA awards,HSEMA
hasextensiveexperiencewiththedevelopmentandsubmissionofquarterlyreportstoFEMA.HSEMAisfamiliar
withtheinformationneededtosatisfyFEMA'srequirementsandhasthesystemsinplacetoensuretheon-fime
submissionofcompletequarterlyreports.HSEMA’sHazardMitigationProgramandGrantsBureauwillholdthe
primaryresponsibilityforensuringtimelydeliveryofprogrammaticreportingrequirements.
HSEMAwillgollastandmaintainallformsandotherrequiredinformation.Allprojectfilesdevelopedand
maintainedthroughouttheloanprocesswillbemonitoredtoensurecompletecompliancewiththeidentified
projecttypeandfundingsource,andtofulfillpotentialaudits.HSEMAwilluseasecureprojectmanagement
databaseandhardcopyprojectfilesinaccordancewithapplicableDistrictregulations.HSEMAisfamiliarwith
federaland staterequirementsfordocumentation di
1gtheimplementationofhazardmitigationprograms.
SiigGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
40
Appendix A. Documentation of PublicPosting
“gtGOVERNMENT OF THEDISTRICTOF COLUMBIA
MURIEL BOWSER, MAYOR
a
kk *
a
311OnlineAgencyDirectory
Pg Uz Whatareyoulookingfortoday?
Mayor MurielBowser
OnlineServices
Homeland Securityand Emergency Management Agency
Accessibility
O
Tofindsupportandresourcesforfederalworkers,
isitfedsupport.dc.gov.
Home WhoWeAreyWhatWeDowMediayServicesReadyDC
| <tisten| >
ResilientHousing forAllLoan Fund
PUBLICNOTICE:TheDistrictintendstoprovideaffordablehousing
developerswithlow-interestloanstocompletesubstantial
rehabilitationprojectsincludingstructuralfloodproofing,drainage
improvements,andenergyefficiencyupgrades.Fundswillbemade
availablethroughFEMA'sSafeguardingTomorrowRevolvingLoanFund
Program,implementedundertheauthorityoftheSafeguarding
‘TomorrowthroughOngoingRiskMitigation(STORM)Act.
Program Overview
TheResilientHousingforAllLoanFundisdesignedtoawardloans
directlytoeligibleaffordablehousingdeveloperstocomplete
substantialrehabilitationprojectsthatenhanceresilience.TheDistrict
intendstoprovidelow-interestloanstomakesubstantialrehabilitation
projectsincludingstructuralfloodproofing,elevatingmachineryand
Homeland Security and
Emergency Management
Agency
OfficeHours
MondaytoFriday,8:30a.m.to5:00
p.m.
ConnectWithUs
2720MartinLutherKingJrAvenue
SE,Washington,DC20032
Phone:(202)727-6161
equipment,drainageimprovements,andbuildingupgradestoexceed
DCConstructionCodesrequirements(.e.,energyefficiency
improvements).
Completethisinterestformifyourbusinesswouldliketolearnmore
aboutthis opportunity.[https://arcg,is/1bWuXC1
NoticeofFundingOpportunity.
TheFederalEmergencyManagementAgency(FEMA)releasedthe
NoticeofFundingOpportunity(NOFO)fortheSafeguardingTomorrow
RevolvingLoanFund(RLF).Throughthisprogram,FEMAwillprovide
grantstostatestoestablishrevolvingloanfundswhichwillthenbe
usedtofinancevarioustypesofresilienceprojects.
HomelandSecurityandEmergencyManagementAgency(HSEMA),as
theleadhazardmitigationagency,willapplyonbehalfofeligible
affordablehousingdeveloperstotheFEMAforthisloanfunds.Click
theadditionalresourcesformoreinformationanddeadlines.
Additionalresources:
© ResilientHousingforAllUP
* SafeguardingTomorrowRevolvingLoanFundProgram
© EY25FEMANoticeofFundingOpportunity
Contact:
hsema.hmp@dc.gov
DistrictHazardMitigationProgram
ResilienceBureau|MissionSupportDivision
DC HomelandSecurityandEmergencyManagement
Attachment(s):
Fax:(202)715-7288
TTY:(202)730-0488
ClintOsborn
Director
[7ResilientHousingforAll_intendedUsePlan_2024,04,25FINALpdf-
1.6MB(pdf)
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Exhibit C:
Mayor’s Order 2023-131 (Updated District Government
Sexual Harassment Policy, Guidance, and Procedures)
GOVERNMENT OF THE DISTRICT OF COLUMBIA
ADMINISTRATIVE ISSUANCE SYSTEM
Mayor's Order 2023-131
October 31, 2023
SUBJECT: Updated District Government Sexual Harassment Policy, Guidance, and
Procedures
ORIGINATING AGENCY: Office of the Mayor
By virtue of the authority vested in me as Mayor of the District of Columbia by sections 422(2),
(3), and (11) of the District of Columbia Home Rule Act of 1973, 87 Stat. 790; Pub. L No. 93-198,
D.C. Official Code§§ 1-204.22(2), (3), and (11), it is hereby ORDERED that:
I. PURPOSES AND BACKGROUND
This Order incorporates provisions of, updates, and supersedes Mayor's Order 2017-313,
dated December 18, 2017, regarding sexual harassment in District of Columbia ("District")
Government workplaces.
In addition to providing procedural updates to the District's sexual harassment policy, this
Order establishes and directs the Sexual Harassment Task Force to further examine the
District's sexual harassment policies and provide recommendations to further the goal of a
harassment-free workplace; establishes obligations of District Government employees;
adds Mayor's direct reports to those required to be referred for outside investigation of
sexual harassment; and bans all sexual and romantic relationships between supervisors and
the employees in their chain of command.
This Order reaffirms that the District Government does not tolerate any form of
inappropriate workplace conduct including sexual harassment, nor does it tolerate sexual
harassment in non-employment interactions between District Government employees and
the public. Sexual harassment is recognized as one of the most demeaning and
demoralizing examples of workplace misconduct.
This Order also requires that employees be trained on sexual harassment every year and
provides additional specificity as to the qualifications and role of Sexual Harassment
Officers.
Further, this Order directs agency compliance with the Sexual Harassment Data Collection
and Reporting Act of2022, D.C. Law 24-171, D.C. Official Code§ 1-546.01, and clarifies,
consistent with the Human Rights Enhancement Amendment Act of 2022, D.C. Law 24-
172, D.C. Official Code § 2-1402.11 ( c-2), the definition of sexual harassment.
II. INDIVIDUALS AND ENTITIES COVERED
A. Prohibitions and Protections
Mayor's Order 2023-131
Page 2 of24
1. This Order is intended broadly to prohibit sexual harassment in all
interactions with District Government employees and officials and persons
acting on behalf of the District Government, and to facilitate speedy
investigation and non-monetary remedial action including warnings to stop
offensive behavior, additional training, reassignments, and personnel and
contract actions.
2. The District of Columbia prohibits workplace sexual harassment by all
District Government employees and officials. The prohibition applies to
harassment of other employees and officials and to harassment of third
parties and members of the public interacting with the District Government,
such as vendors, contractors, grantees, customers, clients, and other persons
visiting or working at District Government worksites or service sites inside
and outside District Government agencies.
3. Likewise, contractors and grantees carrying out work on behalf of the
District Government shall not sexually harass colleagues who carry out
work on behalf of the District Government; District Government
employees; or customers, clients, or beneficiaries of the services the
contractors and grantees provide on behalf of the District Government; and
those clients, customers, beneficiaries, employees, and colleagues may file
complaints that trigger sexual harassment investigations and possibly
remedies. Remedies may include requiring the contractor or grantee to use
alternate personnel to provide services, and other remedies available under
the contract or grant agreements up to and including contract or grant
termination or non-renewal of the grant or contract.
4. In addition, sexual harassment by District Government clients, customers,
or visitors against District Government employees, contractors, or grantees,
or other clients, customers, or visitors, at District Government worksites or
service sites, is prohibited and complaints made against District
Government employees who sexually harass contractors, grantees, agency
clients, customers or visitors, upon investigation, may result in discipline of
the employee and accommodations of the contractor, grantee, customer or
visitor, such as having another government official assigned to the matter.
5. In the course of their duties as members of District of Columbia boards and
commissions, board and commission members are bound by the
prohibitions, procedures, and deadlines set forth in this Order.
Mayor 's Order 2023-131
Page 3 of24
6. Not every procedure set forth in this Order applies to persons not working
for the District Government.
B. Scope
1. Laws prohibiting sexual harassment apply throughout the District
Government. The agencies listed below should either use the training,
procedures , information , and processes provided in this Order, or their own,
similar ones. To the extent District law requires centralized reporting, the
reporting requirements in this Order apply to all agencies.
2. Those agencies include the Office of the Attorney General , the Office of the
Chief Financial Officer, the Board of Elections, the Zoning Commission ,
the Public Service Commission , the Commission on Arts and Humanities ,
the Washington Convention and Sports Authority (Events DC), the Board
of Education, the University of the District of Columbia , the DC Public
Library , the DC State Athletics Commission, the Public Charter School
Board and public charter schools, the Office of the People 's Counsel, the
District of Columbia Water and Sewer Authority (DC Water), the Green
Finance Authority, the Health Benefit Exchange Authority , the Not-for-
Profit Hospital Corporation, the Contract Appeals Board, the DC
Retirement Board, the Office of Employee Appeals , the DC National
Guard, the Criminal Justice Coordinating Council , the Office of Police
Complaints , the Corrections Information Council, and the Uniform Law
Commission.
3. This Order does not apply to the Council of the District of Columbia ,
Advisory Neighborhood Commissions , or the DC Courts, and agencies and
offices subordinate to them.
III. SEXUAL HARASSMENT
A. The Human Rights Enhancement Amendment Act of 2022, D.C. Law 24-172,
effective September 21 , 2022; D.C. Official Code§ 2-1402.11(c-2) expanded the
definition of "harassment" and "sexual harassment" under the D.C. Human Rights
Act to provide that sexual harassment includes conduct of a sexual nature, ''whether
direct or indirect, verbal or nonverbal , that unreasonably alters an individual ' s
terms, conditions , or privileges of employment or has the purpose or effect of
creating an intimidating, hostile, or offensive work environment. "
B. In addition , sexual harassment includes "sexual advances , requests for sexual
favors, or other conduct of a sexual nature where submission to the conduct is made
either explicitly or implicitly a term or condition of employment or where
submission to or rejection of the conduct is used as the basis for an employment
decision affecting the individual ' s employment. " This is sometimes referred to as
quid pro quo sexual harassment.
Mayor's Order 2023-131
Page 4 of24
C. In determining whether sexual harassment has taken place, the D.C. Human Rights
Act states that "conduct need not be severe or pervasive to constitute harassment"
and that "no specific number of incidents or specific level of egregiousness is
required ."
D. Examples of conduct that can contribute to or constitute sexual harassment or an
intimidating , hostile, or offensive work environment include:
1. Sex acts;
2. Display of sexual organs;
3. Using sexually oriented or sexually degrading language describing an
individual or their body, clothing , hair, accessories, or sexual experiences;
4. Sexually offensive comments or off-color language, jokes , or innuendo that
a reasonable person would consider to be of a sexual nature, or belittling or
demeaning to an individual or a group 's sex, sexual orientation , or gender
identity;
5. "Sexting" or seeking or sending pictures of intimate body parts;
6. Taking or displaying pictures of body parts meant to be covered up (such as
"up skirting" pictures) ;
7. Displaying or disseminating sexually suggestive objects, books,
screensavers , magazines , photographs , music, cartoons , or computer
internet sites or references ;
8. Unnecessary and inappropriate touching or physical contact , such as
intentional and repeated brushing against a colleague ' s body, touching or
brushing a colleague's hair or clothing , massages , groping , patting,
pinching, or hugging, that a reasonable person would consider to be of a
sexual nature;
9. Leering, ogling, or making sexually suggestive gestures or sounds , such as
whistling or kissing noises;
10. Making inquiries about someone ' s private sex life or describing one' s own
sex life;
11. Workplace sexual comments , conduct, displays and suggestions between
two willing parties in the presence of another that are inconsistent with
professional workplace norms;
Mayor ' s Order 2023-131
Page 5 of24
12. Any unwanted repeated contact , including, but not limited to in-person, or
telephonic , for romantic or sexual purposes;
13. Giving a preference to someone who is engaged in a dating , romantic, or
sexual relationship based on the relationship to the disadvantage of someone
who is not engaged in a dating, romantic, or sexual relationship; and
14. Sexual assault , stalking, trapping someone such that they are not free to
leave and a sexual encounter is expected or threatened, threats of bodily
harm relating to sex or the refusal to have sex, or other crimes related to
acts of sexual harassment.
E. Further, the District may treat some conduct of a sexual nature as misconduct , even
when it does not rise to the level of unlawful sexual harassment actionable under
the D.C. Human Rights Act. As an example, an employee who tends to greet people
with a hug may have been warned that the conduct was offensive to some
employees and then hugs an employee whom they have not seen in many months.
The conduct may not rise to the level of "unreasonably altering the individual's
terms, conditions , or privileges of employment," but it could constitute misconduct
since they had been warned that some employees associate hugging with unwanted
sexual contact that is offensive in the work environment.
IV. DATING, ROMANTIC, AND SEXUAL RELATIONSHIPS IN THE
WORKPLACE
A. Prohibitions
1. Prohibitions on certain dating, romantic, or sexual relationships in the
workplace exist to prevent real or perceived impropriety , favoritism,
conflicts of interest due to power dynamics, control of an employee ' s
assignments and performance reviews, as well as to advance fairness for all
other employees, contractors , grantees, and clients. Even consensual dating,
romantic , or sexual relationships can generate allegations of favoritism
based on sexual relationships or sexual harassment by one of the parties or
a third party. Relationships , or aspects of relationships , that may be
perceived as consensual by one party may be considered coerced or
harassing by the other party due to power dynamics , and relationships that
start consensually may evolve into sexual harassment.
2. Subject to the conditions and implementation procedures discussed in this
Order, it is now the policy of the District Government that a dating,
romantic , or sexual relationship between a supervisor and any employee in
the chain of command they supervise - whether supervision is direct or
indirect, operational or situational - is prohibited. Note that chain of
Mayor ' s Order 2023-131
Page 6 of24
command 1n this definition may span agenc1es or divisions within an
agency .
3. In addition , District Government employees shall not 1n1t1ate a dating ,
romantic , or sexual relationship with trainees , recruits , or interns , regardless
of the employee's assignment in relation to the trainee , recruit , or intern if
the employee is in the same agency as the trainee, recruit , or intern.
4. Further , this Order prohibits dating , romantic , and sexual relationships
when they are prohibited by applicable professional or ethical standards ,
such as lawyer-client , doctor-patient , or social worker-client.
5. District Government employees shall not participate personally and
substantially in particular matters that affect or could affect the financial
interests of someone with whom they are in a dating , romantic , or sexual
relationship , whether that person is an employee , grantee , contractor , or
client of the agency.
B. Designation of Person or Committee to Resolve Issues Surrounding
Workplace Relationships; Existing Relationships
1. By November 17, 2023 , District Government agency directors shall
designate their own agency human resources agency I officers , another
appropriate officer , or an office or committee to receive disclosures of
relationships and resolve workplace issues arising from any prohibited
dating , romantic , or sexual relationship on a case-by-case basis consistent
with this Order; absent such a designation, disclosures shall be made to the
Director.
2. By December 8, 2023 , existing relationships that fall within the prohibitions
of this Order must be disclosed to the designee identified in subsection
IV.B.l. of this Order , in the manner specified by their agency or on a form
to be created by DCHR, whereupon the situation will be evaluated and a
resolution determined.
3. Resolution may involve giving the employees a defined but reasonable time
to find a new position where the relationship is not implicated by this Order;
shifting reporting structures to take the relationship out of a prohibited
status; or establishment of recusal structures when the employees do not
work in the same agency or division but they heretofore were in situational
or operational chains of command.
4. To the extent adjustments are made in work sites or shifts , reporting
structures , job duties or any other factor for one or both of the persons in
Mayor's Order 2023-131
Page 7 of24
the relationship , agencies shall endeavor to afford such options on a
voluntary basis for all concerned, particularly if an employee not involved
in a prohibited relationship is affected by any proposed accommodation of
the relationship.
5. If no satisfactory resolution of the prohibited relationship can be reached ,
the persons in a dating, romantic, or sexual relationship may request a
waiver of the provisions of this Order. Waiver requests shall be submitted
to the Mayor and shall be accompanied by a recommendation from the
agency or agency designee . Waiver requests may include any information
relevant to the determination and shall be on a form to be created by the
Department of Human Resources ("DCHR").
6. Agencies may make reasonable efforts to assist with a transfer or
reassignment , without prejudicing either employee (or any other employee) ,
but it is not the responsibility of the personnel authority or the agency to
restructure their agency operations or find a new position for someone in
the relationship. No agency is required to grant a request or application for
a transfer.
7. Agencies may promulgate regulations or policies consistent with this Order
to effect its implementation and to provide consistent treatment for
employees facing this situation, though each relationship may pose unique
issues. Agencies may also issue rules explaining in more detail for their
agencies ' employees and contractors how terms such as ''dating," "chain of
command" and "trainee " are to be interpreted considering their agency ' s
operations. Agencies may prohibit dating, romantic , or sexual relationships
with their own clients or clients of the agency or a subset of the agency, as
the agency deems appropriate to prevent factual or perceived impropriety
or favoritism. For instance , an agency with both social workers and non-
licensed employees providing case work to agency clients could extend the
ban on dating and sexual relationships with clients to their non-licensed
employees, to hold them to the same professional standards as their licensed
colleagues.
8. By December 12, 2023, agencies shall report the number of disclosed
relationships to the Mayor 's Office of Legal Counsel ("MOLC") and the
contact information of the person handling requests for accommodation , for
consideration by the Sexual Harassment Taskforce.
C. Disclosure of Relationships
Mayor's Order 2023-131
Page 8 of24
1. In addition to the disclosures of existing relationships required by Section
IV.B., if by promotion or agency reorganization or other circumstance , two
employees in a dating , romantic , or sexual relationship would fall into a
prohibited relationship status, their relationship must be disclosed as soon
as the possibility of falling into prohibited status is realized by either person
in the relationship.
2. If there is a reasonable likelihood that someone could raise a credible charge
that there has been or could be preferential treatment based on a dating ,
romantic, or sexual relationship that is not in a chain of command , then the
employees involved in the dating, romantic , or sexual relationship must also
report their relationship to the person or office designated pursuant to
Section IV .B. Such reporting is necessary for consideration of whether
additional safeguards are necessary and whether the prohibition on
relationships based on situational supervision is implicated.
D. New Relationships
Generally , if two persons in a chain of command wish to begin a dating, romantic ,
or sexual relationship with each other, one party to the relationship should apply
for a transfer or otherwise seek employment that eliminates the supervisory
relationship before the relationship begins so that no prohibited relationship
commences. For example , a supervisor may be transferred to another supervisory
role so that they are not in the chain of command with the other person.
E. Conduct
1. District Government employees in a dating , romantic , or sexual relationship
with another District Government employee , or client/customer of their
agency, or grantee or contractor of their agency , shall conduct themselves
in an appropriate manner while on duty and shall not engage in behavior
that detracts from a professional work environment.
2. Any sexual activity at work sites or during an employee ' s working hours ,
regardless of location, is prohibited.
F. Violations
A violation of a provision of this Order regarding dating , romantic , or sexual
relationships may not constitute sexual harassment as defined above, but an
employee who engages in a prohibited relationship under Section IV .A. of this
Order or fails to disclose a relationship that is required to be disclosed shall be
subject to appropriate personnel action, up to and including termination .
G. Legal Representation
Mayor's Order 2023-131
Page 9 of24
If legal action is commenced against the District of Columbia and/or a supervisor
who engaged in a dating, romantic, or sexual relationship with an employee, or a
person engaged in a potentially-conflictual relationship, the existence of the sexual
or romantic relationship will be a factor in the District of Columbia's decision to
provide legal representation to the supervisor or the employee( s) engaged in a
relationship.
V. PROCEDURES FOR STOPPING SEXUAL HARASSMENT; REPORTING AND
INVESTIGATING SEXUAL HARASSMENT CLAIMS
A. Employee Obligations
1. District Government employees are bound by the principles set forth in the
Code of Conduct at 6B DCMR §§ 1800.2- 1800.4 and are expected to act at
all times in a manner reflecting their roles as public servants. Depending on
an employee's role in the District Government, the obligations regarding
the prevention of sexual harassment may differ. "Employees" for the
purpose of this Order include contractors engaged by the District
Government performing work on behalf of the District similar to that as its
employees, such as at District worksites.
2. All employees are obligated to:
a. Refrain from engaging 1n behavior that constitutes sexually
harassing conduct;
b. Refrain from initiating or conducting a prohibited dating, romantic,
or sexual relationship as described in Section IV.A. of this Order;
c. Disclose their own dating, romantic, or sexual relationships with
other employees if required in Section IV .D. of this Order;
d. Affirm their agreement to comply with this Order;
e. Complete annual sexual harassment training;
f. Cooperate fully in any inquiry or investigation into an alleged
violation of this Order; and
g. Refrain from any behavior that may call into question the impartial
and harassment-free provision of services to constituents, agency
clients or customers, contractors, or grantees.
Mayor's Order 2023-131
Page 10 of24
3. Supervisors should take particular care to avoid conduct that could lead to
allegations of sexual harassment, considering time, place, and situations of
interactions with employees.
B. Employee Communication
1. To avail themselves of the procedures and protections of this Order, when
a District Government employee finds conduct unwelcome, intimidating, or
offensive, they may: (a) tell the person who is engaging in offensive or
inappropriate sexual conduct to stop and that such conduct is unwelcome;
or (b) ask the employee's supervisor, General Counsel, or Sexual
Harassment Officer to advise the person that the conduct is offensive and
unwelcome; or (c) proceed immediately to file a complaint of sexual
harassment under this Order.
2. Employees and others engaged in intervention are encouraged to document
all intervention efforts or requests to cease reported inappropriate sexual
conduct, including conversations, texts, or email exchanges.
C. Reporting Allegations of Inappropriate Conduct of a Sexual Nature or Sexual
Harassment
1. All District Government employees are encouraged to help ensure that
District Government workplaces are free of sexual harassment. Employees
who know of incidents of inappropriate conduct of a sexual nature, as well
as behavior that may create an intimidating , hostile , or offensive work
environment, or who are victims of inappropriate conduct of a sexual nature ,
should report the inappropriate conduct.
2. Employees may report to the Sexual Harassment Officer ("SHO ") of their
agency or any other agency, or the supervisor or manager of the employee
engaging in inappropriate conduct, to their own supervisor , or to the agency
General Counsel. Contractors, grantees , and customers of agencies may
report allegations of inappropriate conduct of a sexual nature to the SHO of
the relevant agency or any other agency , the relevant agency's General
Counsel , the supervisor of the employee who engaged in the alleged
inappropriate conduct, or their grant or contract administrator.
3. Allegations of sexual harassment against the Mayor, City Administrator ,
Mayor's Chief of Staff, Mayor's Senior Advisor, Director of the MOLC ,
any Deputy Mayor, or any official who directly reports to the Mayor, shall
be referred to the Inspector General to determine if the allegation is credible ,
in which case it shall be referred for independent investigation. Such
investigations shall be carried out by an entity outside the District
Government and those reports shall be provided to MOLC (or the City
Mayor's Order 2023-131
Page 11 of24
Administrator if the allegation is against the Director of the MOLC) and the
Inspector General.
D. Agency Responsibilities
1. Sexual Harassment Officers ("SHOs") and Investigations
a. Each Deputy Mayor's Office and each agency shall designate a
primary SHO and an alternate SHO and shall update the
designations, as needed, on an ongoing basis. Each agency shall
provide the names of its SHOs to DCHR, and DCHR shall maintain
a current District-wide list of agency SHOs. Further, pursuant to
D.C. Official Code§ 1-546.01(2), SHOs shall be registered with the
Office of Human Rights ("OHR").
b. SHOs shall be trained and qualified to serve. To be qualified to serve
as a SHO, individuals must have taken and continue to take annual
training provided by DCHR and OHR. SHOs may but are not
required to be an agency's Equal Employment Opportunity ("EEO")
officer, or human resources manager; they must be competent in
EEO laws and be designated by the agency to accept sexual
harassment complaints and to review and investigate claims. SHOs
need not be attorneys.
c. The primary and alternate SHOs for a smaller agency may be
employees of another agency (i.e., the SHO of a larger agency may
serve as the SHO for a smaller agency). An agency of any size may
also obtain assistance from another agency's SHO in handling a
particular investigation, including having another agency's SHO
carry out an investigation, where there is a possibility of the
appearance of a conflict of interest, or for administrative
convenience. For the purposes of this Order, a smaller agency
availing itself of this option will still be referred to as the "agency."
d. A person seeking to report a violation of this Order may file with
any agency SHO, not solely the SHOat their agency or the agency
at which the alleged sexual harassment occurred. Persons filing
complaints, however, are not entitled to have the investigation
conducted by the person of their choosing.
e. If a complaint is reported to someone other than the SHO, the person
receiving the complaint must notify the agency SHO, unless giving
notice would raise conflict of interest concerns, in which case the
person must notify the agency General Counsel.
Mayor's Order 2023-131
Page 12 of24
f. Unless the complaint is against the agency General Counsel , the
SHO shall immediately notify the agency ' s General Counsel of the
complaint, and the General Counsel shall thereafter notify the
Mayor ' s Office ofLegal Counsel ("MOLC "). The SHO may consult
with the agency's General Counsel , or the General Counsel ' s
designee , for legal guidance on conducting the investigation and
shall notify the General Counsel of any issue that may require
higher-level support. If the complaint is against the General
Counsel , the SHO shall notify the MOLC directly .
g. SHOs should review DCHR ' s SHO training materials before
initiating an investigation . DCHR has training materials on duties to
inform the bargaining unit , the right to union representation during
investigatory questioning , assessing credibility , unconscious bias,
conducting interviews , gathering evidence , protecting
confidentiality , preservation of evidence , when to stop an
investigation and refer a matter for criminal investigation and more.
h. The primary function of a SHO is to accept complaints alleging
violations of this Order and to gather , investigate and review the
factual basis of the claim(s). SHOs may corroborate or refute factual
allegations; SHOs may provide impressions and evidence regarding
the credibility of witnesses . They weigh such evidence and may take
into account their impressions of the credibility of witnesses.
Ultimately , SHOs make and submit to the appropriate agency
Director recommended determinations of whether the allegations
are substantiated or are not substantiated . They are not to make legal
conclusions about whether sexual harassment occurred .
1. Investigations of allegations of inappropriate conduct of a sexual
nature shall be conducted , and the associated investigation report
completed , as soon as practicable , within sixty (60) days after the
filing of the report of the alleged sexual harassment , absent unusual
circumstances.
J. The investigative report shall include a description of the
allegations , a description of the SHO ' s investigation , a description
of the evidence adduced by the SHO , and the SHO ' s recommended
determination as to whether the allegations were substantiated . The
SHO shall transmit the report to the Director or agency Director ' s
designee and General Counsel of the agency where the alleged
harasser is employed.
2. Interim Remedial Actions
Mayor's Order2023-131
Page 13 of24
a. Pending the completion of the SHO investigation and report, the
issuance of the agency report, and the imposition of any disciplinary
action, and to protect the rights of the alleged victim as well as the
alleged harasser, the agency may take temporary personnel actions
that do not result in any adverse employment action to either party.
b. When an agency becomes aware of an allegation of misconduct of a
sexual nature, the agency shall notify the alleged harasser of the
reported behavior and may demand that the alleged behavior cease
immediately and not be repeated.
c. The agency shall take such other remedial steps as it deems
appropriate to mitigate the possibility of the alleged harassing
conduct continuing.
d. Interim remedial actions are administrative rather than disciplinary
and may include, but are not limited to, transfers, reassignment of
duty station, changed shifts, duties or reporting requirements,
mandatory administrative leave with pay, or other appropriate
measures that do not result in reduction of pay, demotion in title or
responsibility, or other loss of employee benefits. In general, the
agency should avoid moving the alleged victim or changing the
alleged victim's shift, or taking similar action affecting the alleged
victim, unless the alleged victim requests the action; if the agency
takes such an action absent a request from the alleged victim, the
agency should make clear to the alleged victim that the action is
being taken in pursuit of an effective and prompt stop to any alleged
harassment, and not in retaliation for reporting the alleged
harassment.
e. Personnel authorities are encouraged to find alternative , reasonably
comparable placement during the pendency of an investigation for
the accuser or accused in lieu of administrative leave with pay,
where possible and if consistent with any collective bargaining
agreements.
3. Post-SHO Investigation Agency Actions
a. The agency Director or agency Director's designee may reject a
SHO report and return it to the SHO for further investigation,
information, documentation, or analysis if the agency Director or
designee considers the report to be incomplete, inadequate, or
otherwise unacceptable.
Mayor's Order 2023-13 1
Page 14 of24
b. If the report is not rejected, the agency Director, or the agency
Director's designee, within fourteen (14) days of receiving the
SHO's report, shall issue an agency report that accepts, modifies, or
rejects the SHO's findings and substantiation recommendations,
describes the rationale for any such modifications or rejections, and
makes conclusions as to whether the substantiated allegations
constitute a violation of this Order. The SHO report shall be
included as an attachment to the agency Director or designee's
report. The agency Director or designee shall consult with the
agency's General Counsel during the preparation of the report
regarding relevant legal standards or other legal issues.
c. If the report determines that a violation of this Order has occurred,
the report shall be submitted to the agency's human resource officer
for appropriate disciplinary action, up to and including termination.
The agency shall require that any employee found to have violated
this Order whose employment is not terminated must attend
mandatory sexual harassment training within sixty ( 60) days after
the issuance of the agency report.
d. The agency must provide the employee and the alleged harasser with
a summary written notification of its findings and conclusions (final
agency decision) after the fourteen (14) day period and shall convey
the same to MOLC within five (5) days after it is issued. The notice
shall include a description of each allegation and the agency's
determination as to whether the allegations were substantiated or
were unsubstantiated. Such notice shall not include summaries of
witness interviews, credibility determinations, or legal analysis; the
notice is a simple recitation of the allegations and the determination
as to whether the allegations were substantiated or were
unsubstantiated.
e. Any conclusion in the SHO or Director's report that a violation of
this Order occurred does not constitute a final legal conclusion that
sexual harassment under the D.C. Human Rights Act or federal law
occurred. Conversely, a finding that was not substantiated is not a
legal conclusion that no violation of the D.C. Human Rights Act or
federal law occurred.
f. Consistent with norms regarding the privacy of personnel actions,
the complaining party shall not be informed of any disciplinary
actions against the alleged harasser.
g. Regardless of whether a complaint has been substantiated, relevant
staff, including the General Counsel, are authorized to work together
Mayor ' s Order 2023-131
Page 15 of24
to advise the Director or deciding official as to whether to
recommend or implement personnel actions or management
procedures to reduce the possibility of reoccurrence of any
inappropriate behavior or behavior that poses risks for the District.
Any meetings among the General Counsel, human resources staff,
and agency management shall endeavor to preserve the
confidentiality of the complaint generating the meeting or
consultation to the greatest extent possible.
4. Communicating the Order: Orientation, Pledges, Training, and
Notifications
a. The personnel authority shall circulate this Order to all new hires
during their orientation , shall give each new hire time to read a
summary of the Order during orientation, and shall obtain a signed
verification that the new employee has read the summary and
pledges not to engage in sexual harassment or any other conduct that
violates the rules prohibiting sexually harassing behavior, certain
dating, romantic, or sexual relationships, and requiring disclosure of
certain relationships. Agencies with supplemental orders relating to
sexual harassment shall provide those orders, too, to onboarding
employees.
b. When individual contractors are working inside an agency in a
manner akin to a District Government employee , the agency or the
supervising contractor shall obtain signatures from individuals
during onboarding orientations affirming their agreement to abide
by this Order.
c. New employees shall take a course on sexual harassment as part of
the on-boarding process and in no event more than fourteen (14)
days after being on-boarded. Agencies shall by December 11 , 2023
circulate this Order to all current employees.
d. Agencies shall follow up to provide delivery to difficult-to-reach
employees, including employees on leave and work-related travel.
Agencies are responsible for confirming that each employee has
received this Order by email, verification through Peoplesoft, or
return of a signed copy.
e. By December 11, 2023, each agency shall email the names of the
agency's primary and alternate SHOs to all its employees and shall
send reminders or updates of who the agency's SHOs are at least
annually to agency employees.
Mayor's Order 2023-131
Page 16 of24
f. Each agency shall prominently post notices in conspicuous locations
accessible and used by a substantial number of agency employees,
identifying the agency SHO and Alternate SHO, how to report
sexual harassment, and that sexual harassment investigations are to
be kept confidential to the greatest possible extent consistent with
their investigation and resolution. Agencies shall post the notices no
later than thirty (30) days after receipt of the template notice from
the Office of Human Rights required by Section V .K. of this Order.
g. Agencies shall take a digital photograph of each posting and
transmit it to the SHO program coordinator at DCHR with a
description of the location at the time of each posting.
h. Individuals and entities entering into contract or grant agreements
with the District Government must affirm that they will abide by the
D.C. Human Rights Act including its prohibitions on sexual
harassment, consistent with 4 DCMR § 1100 et seq.
1. District agencies drafting contracts and grants shall require such
affirmations as part of the contract or grant agreement.
E. Employee Responsibility to Participate in Agency Investigations
1. District Government employees are required to cooperate fully in a SHO or
independent investigation of a workplace sexual harassment complaint.
2. If an employee who alleges sexual harassment or is believed to have been
the victim of sexual harassment declines to assist and/or participate in the
investigation of the allegation, or requests the agency not conduct an
investigation, the agency may on its own initiative investigate or refer the
matter for investigation.
3. Employees who were not themselves victimized, who, after a direct request
by the SHO or other investigator, decline to participate in a sexual
harassment investigation, may be subject to disciplinary action.
4. Any consideration of whether to recommend disciplinary action for failure
to cooperate in an investigation on the part of an alleged victim requires
heightened sensitivity on the part of the agency and should be conducted in
consultation with the agency's General Counsel and MOLC.
F. Discipline for Making False Statements or Representations
1. Making materially false statements, and misrepresentation, falsification or
concealment of material facts or records in an investigation of allegations
Mayor's Order 2023-131
Page 17 of24
of sexual harassment is conduct warranting disciplinary action, up to and
including termination.
2. Consideration of whether to recommend disciplinary action against an
employee who is also the alleged victim of sexual harassment requires
heightened sensitivity on the part of the agency and should be conducted in
consultation with the agency ' s General Counsel and MOLC.
G. Discipline after a Finding of Sexual Misconduct or Harassment
The agency shall recommend appropriate disciplinary action, such as described in
Section 1607.2(k) of the District Personnel Manual, 6B DCMR § 1607.2(k), up to
and including termination of any employee found to have engaged in sexual
misconduct or sexual harassment as defined in Section III of this Order.
H. Rights of the Alleged Harasser
Persons accused of sexual harassment deserve the full protections afforded to them
under the law in administrative matters, including, but not limited to, the right to
respond to allegations of sexual harassment; to counsel and representation,
including a union representative or other representative of their choosing, and
including the presumption of innocence , unless and until there is a finding of
harassment after an investigation by the agency or where appropriate , OHR. The
right to counsel does not include the right to have counsel paid for by the
government.
I. DCHR Responsibilities
1. DCHR shall quarterly reach out to all designated primary and alternate
SHOs to confirm that they continue to serve in those roles. If DCHR is
unable to reach a designated SHO or to confirm that the individual still
serves as the agency's primary or alternate SHO, DCHR shall work with
the agency to identify a new primary or alternate SHO for the agency.
DCHR shall post a list of agency SHOs on its website and update it as
necessary.
2. DCHR shall develop reporting forms for disclosure of dating, romantic, and
sexual relationships and for applications for waivers of the prohibition on
relationships in the chain of command.
3. DCHR shall work with agencies to verify that all employees have completed
the annual training on sexual harassment required by Section V .A.l.e. of
this Order.
Mayor's Order 2023-131
Page 18 of24
4. DCHR, working with the Office of the Chief Technology Officer, shall
create a means through Peoplesoft for employees to acknowledge their
receipt of the Order and agreement to comply with its provisions.
5. DCHR, in consultation with OHR, shall review, update, and provide
training materials for agency SHOs, including training on investigative
techniques.
6. DCHR shall establish qualification standards for SHOs and verify each
SHO's qualification to serve as a SHO.
7. DCHR, in consultation with OHR and the Sexual Harassment Task Force,
shall create and disseminate training and collateral materials on this Order,
the sexual harassment provisions of the D.C. Human Rights Act, and other
sexual harassment law and policy, to all agencies under the direct authority
of the Mayor and to such independent agencies as may request access to
DCHR materials. The training and collateral materials should be tailored to
employees in various roles, such as senior officials, managers, attorneys,
human resources personnel, and new or existing employees, and should take
into account that many District Government employees work primarily in
the community and may not have regular access to computer-based training
modules.
J. Office of Human Rights (OHR)
1. OHR shall develop training for EEO officers on the standards of the D.C.
Human Rights Act, including the changes made by the Human Rights
Enhancement Amendment Act of 2022.
2. OHR shall provide consultative services to DCHR and the Sexual
Harassment Task Force in creating and disseminating training and collateral
materials on this Order, the sexual harassment provisions of the D.C.
Human Rights Act, and other sexual harassment law and policy, to all
agenc1es.
3. OHR shall provide a template notice to agencies for agencies to post where
the agencies can fill in the name of their SHO and alternate SHO and
providing basic information on the prohibition against sexual harassment,
how to report, and confidentiality, pursuant to Section V.E.4.d. of this
Order.
VI. PROHIBITION AGAINST RETALIATION
A. Retaliation Prohibited
Mayor's Order 2023-131
Page 19 of24
Retaliating against a District Government employee for reporting or filing a claim
of sexual harassment, assisting another person in reporting or asserting a claim of
sexual harassment, opposing sexual harassment , acting as a witness in a sexual
harassment investigation, refusing to follow orders that would result in sexual
harassment, intervening to protect others from sexual harassment or advances, or
challenging an allegation of sexual harassment , is strictly prohibited. Employees
shall not be penalized as a result of their assertion of their rights under the D.C.
Human Rights Act or providing truthful information in connection with an
investigation (whether on behalf of a complainant or a respondent). Retaliatory
behavior may include, but is not limited to, unwarranted reprimands , unfairly
downgrading personnel evaluations, transfers to less desirable positions, verbal, or
physical abuse, and altered and more inconvenient work schedules. Employees
found to have engaged in retaliatory behavior shall be recommended for appropriate
disciplinary action, up to and including termination .
B. Process for Alleging Retaliation
Claims of retaliation are generally beyond the scope of the investigatory authority
of agency SHOs because SHOs may not be trained in assessing the legality or
validity of managerial decisions such as evaluations and assignments and
investigations into retaliation would be difficult to conduct in the rapid timeframe
set forth in this Order. Employees who believe they have been retaliated against
must file a complaint with an EEO Counselor within one hundred and eighty ( 180)
days of the alleged retaliation and subsequently file a complaint with OHR within
fifteen (15) days of receipt of the Exit Letter if the employee is not satisfied with
the outcome of EEO counseling.
VII. LIMITS
Lodging a complaint regarding sexual harassment does not shield an employee from all
discipline or discharge. Agencies may discipline or separate a complainant if the agency is
motivated by non-retaliatory and non-discriminatory reasons that would otherwise result
in such discipline or separation.
VIII. CONFIDENTIALITY
A. Protecting confidentiality is critical to encouraging victims of sexual harassment to
come forth and share their stories. It encourages witness cooperation and protects
the reputations of those involved. For those reasons, SHO investigations should be
kept confidential.
Mayor's Order 2023-131
Page 20 of24
B. Confidentiality is not absolute. SHOs must disclose information to the alleged
harasser for the alleged harasser to have a full and fair opportunity to respond.
SHOs may have to disclose information to witnesses to gather more information
from them. SHOs must keep agency General Counsels updated for reporting
purposes and for investigation support purposes. SHOs also may have to disclose
criminal conduct or threats to law enforcement. SHOs should not make pledges of
total confidentiality.
C. Investigative reports are confidential, highly private, and deliberative and shall not
be released without a court order. Neither the complainant nor the alleged harasser
shall be provided with a copy of the investigative report.
D. SHOs, the agency, and MOLC shall take all reasonable steps to ensure that no
information contained in the complaint file is disseminated except in furtherance of
the investigation; for entry into E-risk or another risk management system; to assist
in resolution of the allegations; as necessary for execution of any consequences
stemming from the investigation; when lawfully released; or when required by
court order.
IX. TIMELY FILING AND STATUTE OF LIMITATIONS
Complaints of sexual harassment shall be reported as promptly as possible. Agencies
should investigate alleged acts of sexual harassment beyond the legal statute of limitations,
or deadlines otherwise provided by regulation or collective bargaining agreement, taking
into consideration the sensitive nature of the alleged offense, the pressure the complainant
may have felt not to report the conduct, when the victim became aware of behavior that
was not immediately apparent, or a pattern of harassing behavior that developed over time.
Some remedies or sanctions may be unavailable due to delays in filing, but even delayed
investigations may yield information to the agency in its ongoing efforts to prevent and
remediate sexual harassment or may add to the credibility of similar, future allegations
should a pattern emerge of allegations against a particular person or practice.
X. RECORDS
A. Agencies shall maintain records of complaints and investigations conducted for
three (3) years from the date of the complaint.
B. For each fiscal year, each agency shall track how many complaints of sexual
harassment were made by the agency's employees; were made about its agency
employees by customers/clients of the agency; grantees or contractors of the
agency, and how many complaints were made of sexual harassment of the agency's
employees by customers/clients, grantees or contractors, or members of the public
during the agency's duties.
Mayor's Order 2023-131
Page 21 of24
C. In addition to the number of complaints, agencies shall track how many matters
were investigated; were resolved by mediation; were substantiated; were deemed
unsubstantiated; resulted in administrative or disciplinary action against one or
more individuals determined to have violated this Order or sexually harassed the
complainant; have resulted in legal action; have resulted in a settlement (including
the amount of any financial settlement); and how many are pending. Pursuant to
the Sexual Harassment Data Collection Act, annual fiscal year data required to be
produced under D.C. Official Code § 1-546.02 shall be transmitted to the Office of
Human Rights on or before October 15 of each year.
D. Centralized reporting, however, should be ongoing, and agencies are directed to
submit such interim, monthly, or quarterly reports as may be requested by DCHR,
the MOLC, OHR, or the Sexual Harassment Task Force, and to enter incidents into
E-Risk as directed.
E. Any warnings to an employee( s) to halt a particular type of behavior - whether
generally or as to a particular employee( s) - shall be recorded and transmitted to
the agency's human resource office and to the Mayor's Office of Legal Counsel. In
the context of addressing complaints of sexual harassment, any other interventions
made for an employee, customer/client, grantee or contractor shall also be recorded,
whether or not they arose from an informal counseling session, a complaint of
sexual harassment, a complaint regarding behavior in a dating, romantic, or sexual
relationship, anonymous report, or any other means.
XI. CONCURRENT REMEDIES AND JURISDICTION
A. Non-Exclusivity of Remedies
This policy is intended to supplement or be an alternative to other processes that
allow persons to complain of sexual harassment. The procedures established by this
Order are separate and distinct from other options persons with grievances relating
to sexual harassment may have, through the Office of Human Rights, the Equal
Employment Opportunity Commission, any grievance procedure available under
their collective bargaining agreement, ethics complaint and investigation processes
administered by the Board of Ethics and Government Accountability, or any other
statutory or regulatory complaint process. Filing a complaint under this Order does
not stay or delay any filing deadlines in any other forum.
B. Filing a Formal Complaint with the Office of Human Rights
In addition to pursuing action within the agency, an alleged victim of sexual
harassment, or a person acting on the victim's behalf with or without the victim's
consent, may report a sexual harassment claim within one year of the alleged
harassment or its discovery to OHR using its Intake Questionnaire Form. EEO
counseling is not required prior to the filing of a complaint with OHR.
Mayor's Order 2023-131
Page 22 of24
C. Filing a Complaint with the Equal Employment Opportunity Commission
Some complaints may fall within the jurisdiction of the federal Equal Employment
Opportunity Commission.
D. Relationship and Remedies under Negotiated Grievance Claims
Filing a report or complaint under this policy does not satisfy the requirements for
filing a negotiated grievance and obtaining remedies under a collective bargaining
agreement , nor does the complaint under this Order delay the time limits for
initiating such a procedure. To pursue a negotiated grievance claim, the employee
should file a grievance in accordance with the provisions of the applicable
collective bargaining agreement.
E. Criminal Remedies and Referrals
1. Where there is an allegation of criminal misconduct , including for example ,
sexual assault , kidnapping , stalking, or a threat to do bodily harm, the
agency may, after consulting its General Counsel , place the victim and/or
the alleged harasser on administrative leave with pay pending final
administrative resolution of the complaint or any criminal proceeding.
2. The complainant at his or her choice may report the alleged criminal
violation to a law enforcement agency, including the Metropolitan Police
Department ("MPD "). Where a criminal violation occurred , the agency
shall recommend discipline of the perpetrator up to, and including ,
termination.
3. While it is generally the alleged victim's decision to report sexual
harassment offenses for possible criminal prosecution , if during an
investigation the agency uncovers evidence of ongoing crimes (such as
sexual extortion of beneficiaries of government services) or criminal
activity collateral to or extending beyond the reported allegations of sexual
harassment , such as gun-related offenses, the agency shall notify law
enforcement.
F. Crime Victim Hotline
The agency shall also remind complainants of sexual assault or other possible
crimes of the existence of the DC Victim Hotline. The hotline , 1-844-443-5732 , is
available 24/7 by telephone , text, or online chat to seamlessly connect victims of
crime to free resources to help them navigate the physical , financial , legal, and
emotional repercussions of crime. Through the hotline, victims may be matched
with an advocate who can help them decide whether to pursue a matter through the
criminal justice process.
G. Courts of Law
Mayor's Order 2023-13 1
Page 23 of24
This Mayor ' s Order 1s directed towards preventing and remedying sexual
harassment in District Government operations and it does not preclude
complainants from obtaining counsel and pursuing any remedies they may have in
courts of law. The options discussed in this Order do not constitute legal advice ;
deadlines for filing , procedures, and substantive offenses or remedies may change
over time.
XII. APPLICABILITY OF PERSONNEL RULES
Any proposed personnel action instituted under this Order is subject to the regulations set
forth in the District of Columbia Personnel Manual at Title 6B of the District of Columbia
Municipal Regulations .
XIII. SEXUAL HARASSMENT TASK FORCE
A. There is hereby established the Sexual Harassment Task Force as an internal task
force comprised of representatives of the Office of Human Rights, the Mayor ' s
Office of General Counsel, the Department of Human Resources, the Assistant City
Administrator , and the Mayor's Office of Legal Counsel , as designated by the head
of each office, and such other individuals as these members may invite to serve as
additional members of the task force. The task force shall meet from time to time
to develop and advise on trainings , make recommendations about needed policies ,
review draft regulations , and otherwise take action or recommend measures to
fulfill the intent of this Order: including to reduce the incidence of sexual
harassment , train employees on what to do when faced with inappropriate
workplace conduct , including harassment , and provide additional , effective
procedures for addressing inappropriate conduct of a sexual nature. The task force
may invite experts and other individuals to participate in the meetings and
deliberations of the task force.
B. The Sexual Harassment Task Force shall, no later than May 1, 2024 , make
recommendations in the following areas and shall provide such recommendations
to the appropriate agencies with authority to carry out the recommendations or
make final decisions regarding them. The recommendations need not be in the form
of a report and may remain deliberative discussion items until finalized and
accepted:
1. Communications to District Government employees about the District's
sexual harassment policies;
2. Updates to required trainings for SHOs and agency General Counsels;
3. Recommendations for building a workplace free from sexual harassment;
Mayor's Order 2023-13 1
Page 24 of24
4. Any recommended adjustments to prohibitions and disclosures regarding
dating, romantic , and sexual relationships; and
5. The performance and progress by the agencies named in this Order in
completing the responsibilities assigned to them.
XIV. SUPERSESSION
This Order supersedes Mayor 's Order 2017-313 and any other provision of a previous
Mayor's Order or practice pursuant to that Mayor ' s Order, to the extent of any
inconsistency.
XV. EFFECTIVE DATE: This Order shall become effective November 10, 2023.
ATTEST:
KI ERL Y A. BASSETT
OF STATE OF THE DISTRICT OF COLUMBIA
Exhibit D:
Insurance Requirements
DHCD – HPTF Loan to DC Green Bank for retrofitting residential properties with climate
resilient features including flood proofing and cooling systems – G091925
V36 - 07- 2025
INSURANCE
A. GENERAL REQUIREMENTS. The Developer at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of
insurance specified below. The Developer shall submit a Certificate of Insurance to the
Contracting Officer (CO) giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the
required Certificates of Insurance signed by an authorized representative of the insurer(s)
have been provided to, and accepted by, the CO.
If the Developer and/or its subcontractors maintain broader coverage and/or higher limits
than the minimums shown below, the District requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Developer and subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Developer or its Contractors
shall provide evidence satisfactory to the CO with respect to the services performed that
it carries a CGL policy, written on an occurrence (not claims-made) basis, on Insurance
Services Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-based form
with coverage at least as broad and approved by the CO in writing), covering liability for
all ongoing and completed operations of the Developer and under all subcontracts,
covering claims for bodily injury, including without limitation sickness, disease or death
and mental anguish of any persons, broad form property damage, including loss of use
resulting therefrom, personal and advertising injury, and including coverage for liability
arising out of an Insured Contract (including the tort liability of another assumed in a
contract) and acts of terrorism (whether caused by a foreign or domestic source). Such
coverage shall have limits of liability of not less than $1,000,000 for each occurrence,
$2,000,000 general aggregate, $2,000,000 products and completed operations aggregate,
and $1,000,000 personal and advertising injury aggregate limit.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2010 0413 and CG2037 04 13 (or its equivalent) to The
Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
e) Defense costs shall be in addition to and not erode the limits of liability
2. Automobile Liability Insurance - The Developer or its Contractors shall provide evidence
satisfactory to the CO of commercial (business) automobile liability insurance written on
ISO form CA 00 01 10 13 (or another form with coverage at least as broad and approved
by the CO in writing) including coverage for all owned, hired, borrowed and non-owned
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vehicles and equipment used by the Developer or contractors in connection with work
under this agreement, with a minimum combined single limit of $1,000,000. Such policy
or policies of automobile liability insurance shall be written on an "occurrence" (as
opposed to a "claims made") basis.
The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
f) Moving and Storage Companies shall be required to provide evidence of
BMC91 or BMC91X filing
For Developers providing transportation:
Developers or contractors providing transportation must additionally comply with the
following:
a) Operators holding a restricted WMATC Certificate of Authority must have a
single limit of $1.5 million in combined (bodily injury and physical damage)
coverage, or
b) Operators holding an unrestricted WMATC Certificate of Authority must
have a single limit of $5M in combined (bodily injury and physical damage)
coverage.
In addition, both types of WMATC certificate holders must have in place the following
Licensing Requirements as applicable:
a) Commercial Driver’s License (CDL) with the following endorsements:
i) P (Passenger): All drivers MUST have a P endorsement enabling them to
transport passengers (16 or more).
ii) S (School Bus): All drivers operating school buses (flashing lights, swing
arm w/stop sign) must also have an S endorsement. Please note that driver
credentials for any vehicles that are converted school buses must have S.
b) Valid (unexpired) US Department of Transportation Medical Examiner
Certification (“Medical Card”).
For Developers or contractors using District Government-Owned Vehicles:
Agencies that provide Developers or contractors with District Government-owned or
leased motor vehicles are responsible for ensuring that such vehicles are used only for the
performance under this Contract. Developer and its subcontractors are prohibited from
using such vehicles for home-to-work transportation unless specifically provided for
under the terms of the contract and approved in writing by the Contracting Officer, or
otherwise provided by law. Developer or its Contractors shall obtain automobile liability
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insurance with a minimum combined single limit of $1,000,000 to cover bodily injury
and property damage to protect the Developer and the Government of the District of
Columbia against third-party claims arising from the use of District Government-owned
vehicles. The Commercial Auto Liability Policy shall be endorsed to include:
a) To the fullest extent permitted by law, provide additional insured coverage to
The Government of the District of Columbia;
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds; and
c) A waiver of subrogation in favor of The Government of the District of
Columbia.
In the event of loss, destruction, or damage to any government-owned vehicles used in
the performance of contact, Developer or its Contractors shall be liable for full cost of
repair or replacement of lost, destroyed, or damaged vehicle.
3. Workers’ Compensation Insurance - The Developer or its Contractors shall provide
evidence satisfactory to the CO of Workers’ Compensation insurance in accordance with
the statutory mandates of the District of Columbia or the jurisdiction in which the
contract is performed.
Employer’s Liability Insurance - The Developer or its Contractors shall provide evidence
satisfactory to the CO of employer’s liability insurance as follows: $500,000 per accident
for injury; $500,000 per employee for disease; and $500,000 for policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Cyber (Media Liability and Network Security/Privacy) Liability Insurance covering acts,
errors, omissions, and violation of any consumer protection laws arising out of
Developer’s or its Contractors operations or services with a limit of $1,000,000 per claim
and in the aggregate. Such coverage shall include but not be limited to, third party and
first party coverage for loss or disclosure of any data, including personally identifiable
information and payment card information, network security failure, violation of any
consumer protection laws, unauthorized access and/or use or other intrusions,
infringement of any intellectual property rights (except patent), negligence or breach of
duty to use reasonable care, breach of any duty of confidentiality, invasion of privacy, or
violations of any other legal protections for personal information, defamation, libel,
slander, commercial disparagement, negligent transmission of computer virus, or use of
computer networks in connection with denial of service attacks. Such coverage shall
include regulatory defense and fines/penalties in any jurisdiction anywhere in the world.
Such coverage shall include contractual privacy coverage for data breach response and
crisis management costs that would be incurred by Developer or its Contractors on behalf
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of The Government of the District of Columbia in the event of a data breach including
legal and forensic expenses, notification costs, credit monitoring costs, and costs to
operate a call center. Developer or its Contractors shall maintain coverage in force during
the term of this Agreement and for an extended reporting period of not less than two (2)
years after.
5. Professional Liability Insurance (Errors & Omissions) - The Developer or its Contractors
shall provide Professional Liability Insurance (Errors and Omissions) to cover liability
resulting from any error or omission in the performance of professional services under
this Contract. The policy shall provide limits of $1,000,000 per claim or per occurrence
for each wrongful act and $2,000,000 annual aggregate. The Developer or its Contractors
warrants that any applicable retroactive date precedes the date the Developer or its
Contractors first performed any professional services for the Government of the District
of Columbia and that continuous coverage will be maintained or an extended reporting
period will be exercised for a period of at least ten years after the completion of the
professional services. Limits may not be shared with other lines of coverage.
6. Commercial Umbrella or Excess Liability - The Developer or its Contractors shall provide
evidence satisfactory to the CO of commercial umbrella with minimum limits of $ 10,000,000 per
occurrence and $5,000,000 in the annual aggregate. Coverage must excess of required commercial
general liability, commercial auto liability, and employers’ liability. The insurance required under
this paragraph shall be written in a form that annually reinstates all required limits. Coverage shall
be primary to any insurance, self -insurance or reinsurance maintained by The Government of the
District of Columbia and the “other insurance” provision must be amended in accordance with this
requirement and principles of vertical exhaustion.
7. Crime Insurance (3rd Party Indemnity) - The Developer or its Contractors shall provide a
Crime policy including 3 rd party fidelity to cover the dishonest acts of Contractor s, its
employees and/or volunteers which result in a loss to the District. The Government of the
District of Columbia shall be included as loss payee. The policy shall provide a limit of
$20,000 per occurrence.
8. Environmental Liability/Contractors Pollution Liability Insurance - The Developer or its
Contractors shall provide evidence satisfactory to the CO of environmental liability
insurance covering losses caused by pollution or other hazardous conditions arising from
ongoing or completed operations of the Developer or its Contractors. Such insurance shall
apply to bodily injury, property damage (including loss of use of damaged property or of
property that has been physically injured), clean-up costs, transit and non-owned disposal
sites. Coverage shall extend to defense costs and expenses incurred in the investigation,
civil fines, penalties and damages or settlements. There shall be neither an exclusion nor
a sublimit for mold or fungus-related claims, legionella, asbestos, lead paint, or silica. The
minimum limits required under this paragraph shall be $2,000,000 per occurrence and
$2,000,000 in the annual aggregate. If such coverage is written on a claims -made basis,
the Developer or its Contractors warrants that any retroactive date applicable to coverages
under the policy precedes the Developer or its Contractors’ performance of any work under
the Contract and that continuous completed operations coverage will be maintained for at
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least ten (10) years or an extended reporting period shall be purchased for no less than ten
(10) years after completion.
The Developer or its Contractors also must furnish to the CO Owner certificates of
insurance evidencing environmental liability insurance maintained by third party
transportation and disposal site operators(s) used by the Developer for losses arising from
facility(ies) accepting, storing or disposing hazardous materials or other waste as a result
of the Developer or contractors’ operations. Such coverages must be maintained with
limits of at least the amounts set forth above.
The Environmental Liability policy shall be further endorsed to include The Government
of the District of Columbia as an Additional Insured.
9. Employment Practices Liability - The Developer or its Contractors shall provide evidence
satisfactory to the CO with respect to the operations performed to cover the defense of
claims arising from employment related wrongful acts including but not limited to:
Discrimination, Sexual Harassment, Wrongful Termination, Workplace Torts, "Bullying"
in "any location" and "by any means," including the Internet, whether between employees
of Developer/Contractors or against third parties. Employment Practices Liability
coverage must specifically state Third Party Liability coverage is included. Developer or
its Contractors will indemnify and defend The Government of the District of Columbia
should it be named co-defendant or be subject to or party of any claim. Coverage shall
also extend to Temporary Help Firms and Independent Contractors hired by Developer or
its Contractors. The policy shall provide limits of not less than $1,000,000 for each
wrongful act and $2,000,000 annual aggregate for each wrongful act.
10. Installation-Floater Insurance - For projects not involving structural alterations, the
Developer or its Contractors shall provide an installation floater policy with a limit equal
to the Property values being installed as part of the project. The policy shall cover
property while located at the project site, at temporary locations, or in transit; deductibles
will be the sole responsibility of the Developer.
11. Sexual/Physical Abuse & Molestation - The Developer or its Contractors shall provide
evidence satisfactory to the CO with respect to the services performed that it carries
$1,000,000 per occurrence limits; $2,000,000 aggregate of affirmative abuse and
molestation liability coverage. Coverage should include physical abuse, such as sexual or
other bodily harm and non-physical abuse, such as verbal, emotional, or mental abuse;
any actual, threatened or alleged act; errors, omission or misconduct. This insurance
requirement will be considered met if the general liability insurance includes an
affirmative sexual abuse and molestation endorsement for the required amounts or
through a separate stand-alone sexual abuse and molestation policy with confirmation
there are no exclusions for abuse or assault & battery under the General Liability. So
called “silent” coverage or “shared” limits under a commercial general liability or
professional liability policy will not be acceptable. Limits may not be shared with other
lines of coverage. The applicable policy may need to be submitted to the Office of Risk
Management for compliance review.
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C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Developer for work under this agreement shall be
required to have the same insured required of Contractor. Should the Developer wish to
propose different insurance requirements for the subcontractor than the ones outlined in
the Contract, then, prior to commencement of work by the subcontractor, the Developer
shall submit in writing the name and brief description of work to be performed by the
subcontractor to the CO. The CO will promptly provide in writing to the Contractor with
a decision regarding the insurance requirements applicable to the subcontractor. When
requested by the CO, the Developer must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self -insurance including any deductible or retention,
maintained by the Government of the District of Columbia.
E. DURATION. The Developer shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages
for ten years for construction projects following final acceptance of the work performed
under this contract and two years for non-construction related contracts.
F. LIABILITY. These are the required minimum insurance requirements established by
The Government of the District of Columbia. However, it is understood that The
Government of the District of Columbia does not in any way represent that the insurance
or the limits of insurance specified herein are sufficient or adequate to protect your
interests or liabilities and will not in any way limit the Developer’s liability under this
contract.
G. DEVELOPER’S PROPERTY. Developer and subcontractors are solely responsible for
any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding, and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of The Government of the
District of Columbia.
H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not
make any separate measure or payment for the cost of insurance and bonds. The
Developer shall include all the costs of insurance and bonds in the contract price.
I. NOTIFICATION. The Developer shall ensure that all policies provide that the CO shall
be given thirty (30) days prior written notice in the event of cancellation, non-renewal, or
material changes to the extent such cancellation or material changes results in Developer
no long complying with the above requirements. The Developer shall provide the CO
with ten (10) days’ prior written notice in the event of non-payment of premium. The
Developer will also provide the CO with an updated Certificate of Insurance should its
insurance coverages renew during the contract. The Government of the District of
Columbia may reasonably change the above insurance coverage requirements during the
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Term by giving Developer at least 30 days’ notice of the change. Developer must
comply, at your expense, and deliver to the CO evidence of compliance before the change
becomes effective.
J. CERTIFICATES OF INSURANCE. The Developer must send to CO, at least 10 days
after execution of this Agreement, certificates of insurance evidencing the required
insurance coverage and endorsements required herein. Developer must also provide us
with evidence of renewal before the expiration date of each insurance policy. Developer
is responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered.
Certificates of insurance must reference the corresponding contract number. Evidence of
insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
Andre Gould, Associate Director DHCD, DFD
1909 Martin Luther King Jr. Ave SE Washington DC 20020
202-442-6982
andre.gould@dc.gov
The CO may request, and the Developer shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Developer expires prior to
completion of the contract, renewal certificates of insurance and additional insured and
other endorsements shall be furnished to the CO prior to the date of expiration of all such
initial insurance. For all coverage required to be maintained after completion, an
additional certificate of insurance evidencing such coverage shall be submitted to the CO
on an annual basis as the coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Developer agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any
third party which presents a claim against The Government of the District of Columbia
for any damages or claims resulting from or arising out of work performed by the
Developer, its agents, employees, servants or subcontractors in the performance of this
contract.
L. CARRIER RATINGS. All Developer’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating
agency) and licensed in the District of Columbia.
M. WARRANTIES. When applicable, the Developer should be named as an additional
insured on the applicable manufacturer’s/distributer’s Commercial General Liability
policy using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another
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occurrence-based form with coverage at least as broad). CO should collect, review for
accuracy, and maintain all warranties for goods and services.