District of Columbia Housing Authority
1133 North Capitol Street, NE Washington, DC 200027599
(202) 5351000
Tyrone Garrett. Executive Director
September 25, 2020
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004-3003
Dear Chairman Mendelson:
Pursuant to D.C. Official Code 2-352.02, I have enclosed, for consideration by the Council of
the District of Columbia, the Council Contract Summary for the Agreement to Enter into a Long
Term Subsidy Contract ("AL TSC") between the Dishict of Columbia Housing Authority
("DCHA") and 218 Vine Street NW Residential PJV -Phase 2, LLC (the "Owner") and the
Proposed Resolution to approve the ALTSC. DCHA proposes to provide a housing subsidy to
the Owner in the amount of $700,416 annually for a multi-year term of fifteen (15) years, in
support of the District's Local Rent Supplement Program ("LRSP") to provide affordable
housing units at 218 Vine Street Apartments located at 218 Vine Street, NW.
As always, I am available to discuss any questions you may have regarding the proposed LTSC.
In order to facilitate a response to any questions concerning this ALTSC, please have your staff
contact me at (202) 535-1513.
I look forward to your favorable consideration of this proposed ALTSC agreement.
Sincerely,
Tyro Garrett
cutive Director., istrict of Columbia Housing Authority
Enclosures
TG/hg
cc: Nyasha Smith, Secretary to the Council
Date: September 24, 2020
Pursuant to section 202(c) of the Procurement Practice Reform Act of 2010, as amended, D.C. Official
Code 2-532.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(A) Contract Number: 2019-LRSP-04A
Proposed Contractor: 218 Vine Street NW Residential PJV- Phase 2, LLC (the Owner)
Contract Amount (Base Period): $700,416 Annually
Unit and Method of Compensation: Housing Assistance Payments, paid monthly
Term of Contract: 15 Years
Type of Contract: Agreement to Enter into a Long-Term Subsidy
Source Selection Method: See D below
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs
from the amount for the base period, provide an explanation of the reason for the
difference:
This is a multi-year contract.
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
Pursuant to D.C. Official Code 2-352.02, I have enclosed, for consideration by the Council of
the District of Columbia, the Council Contract Summary for the Agreement to Enter into a Long
Term Subsidy Contract (ALTSC) between the District of Columbia Housing Authority
(DCHA) and 218 Vine Street NW Residential PJV Phase 2, LLC (the Owner). DCHA
proposes to provide a housing subsidy to the Owner in the initial amount of $700,416 annually
for a multi-year term of fifteen (15) years, in support of the Districts Local Rent Supplement
Program (LRSP) to provide affordable housing units at 218 Vine Street Apartments located at
218 Vine Street, NW.
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
In April 2018, the District of Columbias Department of Housing and Community Development
(DHCD) issued a Request for Proposals (RFP) regarding the availability of funds from
multiple district agencies, including DCHA, DHCD, the Department of Behavioral Health, the
Department of Human Services, and the District of Columbia Housing Finance Agency. Of the
total proposals received, (11) developers were chosen to work with DCHA and others to develop
affordable housing and permanent supportive housing units for extremely low income families
making zero to thirty percent of the areas median income, as well as the chronically homeless
and individuals with mental or physical disabilities throughout Washington, DC.
After meeting the requirements for DHCD review and LRSP subsidy eligibility, proposals were
evaluated on various underwriting and prioritization criteria including financial feasibility, project
sustainability, development team capacity, amount of capital requested, nonprofit participation,
and furtherance of the development of affordable housing. Additionally, DCHA has determined
that the proposed project meets the District of Columbias Consolidated Plan and the Mayors
goal for providing affordable housing opportunities in neighborhoods.
(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the
protest:
None.
(F) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
218 Vine Street Apartments will produce 121 new affordable units, targeted to seniors, with 20% of the all
units reserved for permanent supportive housing (PSH) households, and 90% of the units set-aside for
households making less than 50% of the area median income. The project will utilize a combination of
LIHTC (Low-Income Housing Tax Credit), bank debt, DHCD loans, and deferred developer fee to finance
the ~$49 million development budget. The table below summarizes the projects sources and uses during
the development period (using either a combination of 9% & 4% LIHTCs or 4% LIHTCs).
The applicant, 218 Vine Street NW Residential PJV, LLC, will be owned 51% by Housing Up and 49% by
Jair Lynch Real Estate Partners (legally, LDP Holdings, LLC). Housing Up will provide and coordinate
support services for the PSH units and also act as co-developer. The developer for the project will be
Lynch Development Advisors, which is 100% owned by Jair Lynch Real Estate Partners. No other
development team members are related entities. Jair Lynch Real Estate Partners, develops neighborhood
assets like charter schools to senior affordable housing and Class A rentals. Housing Up provides housing
and supportive services to end family homelessness in D.C., providing housing and services to area
families.
(G) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code 2-218.01 et seq. (Act), including a certification that the
subcontracting plan meets the minimum requirements of the Act and the dollar volume of
the portion of the contract to be subcontracted, expressed both in total dollars and as a
percentage of the total contract amount:
Not applicable.
(H) Performance standards and the expected outcome of the proposed amount:
The housing subsidy shall be used solely to support housing costs associated with the affordable
housing units at 218 Vine Street Apartments, located at 218 Vine Street, NW in support of the
Districts Local Rent Supplement Program (LRSP). The project is consistent with the Districts
goal of increasing affordable housing, especially among low-to-moderate income residents and
preserving existing affordable housing opportunities in the District. Additionally, the Owner is
required to fulfill all conditions as set forth in the ALTSC Agreement within the agreed upon time
frames. Failure to fulfill the terms of the ALTSC Agreement will constitute default.
(I) The amount and date of any expenditure of fund by the District pursuant to the contract
prior to its submission to the Council for approval:
2
None.
(J) A certification that the proposed contract is within the appropriated budget authority for
the agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code 47-392.01 and 47-392.02:
CFO Certifications are attached.
(K) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
Pending Litigation Certification and Legal Sufficiency Memo are attached.
(L) A certification that Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the citywide clean hands Database indicates that the
proposed contractor is not current with District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the
District; or 92) a certification that the contractor will be current with its District taxes after
the District recovers any outstanding debt as provided under D.C. Official Code 2-
353.01(b):
Clean Hands certification is attached
(M) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
Federal Tax Certification is attached.
(N) 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, as amended; D.C. Official Code 2-218.01 et seq.:
218 Vine Street NW Residential PJV Phase 2, LLC is not certified as a local, small, or
disadvantaged business enterprise.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
Not applicable.
(P) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government:
Included in the legal sufficiency memo, attached.
(Q) Any determination and findings issue relating to the contracts formation, including any
determination and findings under D.C. Official Code 2-352.05 (privatization contracts):
None.
(R) Where the contract, any amendments or modifications, if executed, will be made available
online:
3
The contract will be made available on the DCHA website.
(S) Where the original solicitation, and any amendment or modifications, will be made
available online:
Original solicitation was published 7/31/2018 and extended through 9/28/18. See link: Notice for
DC Register - DC DHCD Summer 2018 RFP.
4
Government of the District of Columbia
Office of the Chief Financial Officer 1101 4th Street, SW
Office of Tax and Revenue Washington, DC 20024
Date of Notice: September 18, 2020 Notice Number: L0004346097
218 VINE STREET NW RESIDENTIAL PJV - PHASE 2 FEIN: **-***9553
1400 16TH ST NW STE 430 Case ID: 545161
WASHINGTON DC 20036-2239
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
CO
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE 47-2862 (2006)
PY
47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
Authorized By Marc Aronin
Chief, Collection Division
To validate this certificate, please visit MyTax.DC.gov. On the MyTax homepage, click Clean Hands
and then the Validate a Certificate of Clean Hands hyperlink.
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
9/24/2020
9/24/2020
MEMORANDUM
TO: Tyrone Garrett
Executive Director
Carolyn Punter
Sr. Vice President, HCVP
FROM: Andrea Powell
Chief Counsel, Real Estate
DATE: September 24, 2020
SUBJECT: Local Rent Supplement Program Agreement to Enter into a Long Term
Subsidy Contract between the District of Columbia Housing Authority and
218 Vine Street NW Residential PJV Phase 2, LLC
This memorandum responds to a request that the Office of the General Counsel review the
proposed Agreement to Enter into a Long Term Subsidy Contract (ALTSC) between the
District of Columbia Housing Authority (DCHA) and 218 Vine Street NW Residential PJV
Phase 2, LLC (the Owner) for legal sufficiency:
Project:
218 Vine Street Apartments will produce 121 new affordable units, targeted to seniors, with 20%
of the all units reserved for permanent supportive housing (PSH) households, and 90% of the
units set-aside for households making less than 50% of the area median income. The project will
utilize a combination of LIHTC (Low-Income Housing Tax Credit), bank debt, DHCD loans,
and deferred developer fee to finance the ~$49 million development budget. The table below
summarizes the projects sources and uses during the development period (using either a
combination of 9% & 4% LIHTCs or 4% LIHTCs).
The applicant, 218 Vine Street NW Residential PJV, LLC, will be owned 51% by Housing Up
and 49% by Jair Lynch Real Estate Partners (legally, LDP Holdings, LLC). Housing Up will
provide and coordinate support services for the PSH units and also act as co-developer. The
developer for the project will be Lynch Development Advisors, which is 100% owned by Jair
Lynch Real Estate Partners. No other development team members are related entities. Jair
Lynch Real Estate Partners, develops neighborhood assets like charter schools to senior
affordable housing and Class A rentals. Housing Up provides housing and supportive services to
end family homelessness in D.C., providing housing and services to area families.
{(7) SR- Legal Sufficiency Memorandum -}
DCHA proposes to provide a housing subsidy for twenty-four (24) units in the initial amount of
$700,416.00 annually for a multi-year term of fifteen (15) years in support of the Districts Local
Rent Supplement Program (LRSP) to provide affordable housing units at 218 Vine Street,
NW.
1) Description of the Contract
The Contract is an ALTSC to provide operating subsidy for rental assistance to be provided by
DCHA on affordable housing units owned and operated by the Owner pursuant to the Local Rent
Supplement Program established under Title II of the Fiscal Year 2007 Budget Support Act of
2006.
2) Procurement Process
In April 2018, the District of Columbias Department of Housing and Community Development
(DHCD) issued a Request for Proposals (RFP) regarding the availability of funds from
multiple district agencies, including DCHA, DHCD, the Department of Behavioral Health, the
Department of Human Services, and the District of Columbia Housing Finance Agency. Of the
total proposals received, eleven (11) developers were chosen to work with DCHA and others to
develop affordable housing and permanent supportive housing units for extremely low income
families making zero to thirty percent of the areas median income, as well as the chronically
homeless and individuals with mental or physical disabilities throughout Washington, DC.
After meeting the requirements for DHCD review and LRSP subsidy eligibility, proposals were
evaluated on various underwriting and prioritization criteria including financial feasibility,
project sustainability, development team capacity, amount of capital requested, nonprofit
participation, and furtherance of the development of affordable housing. Additionally, DCHA
has determined that the proposed project meets the District of Columbias Consolidated Plan and
the Mayors goal for providing affordable housing opportunities in neighborhoods.
3) Legal Review
Prior to September 22, 2020 the Office of the General Counsel reviewed the Contract for legal
sufficiency. The review indicates a competitive process was followed in making the award to the
Owner. Additionally, it was determined that the proposed contractor is not currently debarred
from providing services or goods to the District or federal government. The review of the
Contract indicates that it is legally sufficient.
As the Contract is for a term of fifteen (15) years and the Contract will be funded with District of
Columbia funds, the Contract must be submitted to the District of Columbia Council for review
and approval in accordance with D.C. Code Section 2-352.02.
APPROVED AS TO LEGAL SUFFICIENCY:
____________________________
Andrea Powell
Chief Counsel, Real Estate
{(7) SR- Legal Sufficiency Memorandum -}
ee coree 2its60 Ai8-455-6823 FEDEX OFFICE 1812 PAGE al
AFFIDAVIT
SIGNED AFFIDAVIT ATTACHED.
1 Jair K. lynch _, hereby attest that all members of the team, who are listed below, are not
liste in the List of Parties Excluded from Federal Procurement or Non-Procurement Programs.
DEVELOPMENTTEAM
Owner: 218 Vine Strest NW Residential PY
Phase 2, LLC
Consultant (s}: nia
Engineer(s): Whiting Turner (GC)
Architect(s): KTGY Architecture & Planning
Other(s): Housing Up, LDP Holdings (dba Jair Lynch Real Estate Partners), 218 Ving
Street NW Managing Member Phase 2, LLC, THCAH 238 Ving LUC, 218 Vine
Street NW Residential Partners Phase 2, LLC
further attest that no principal, major stockholder, officer, or director of the team is debarred
from participating a fsderal procurement or non-procurement program.
Jair Lynch
Authorized Signator
Title
9/22/20
Date
Sworn and subscribed t