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HomeMy Public PortalAboutResolution 2023-01-04 Authorizing Mayor to Sign Letter of Commitment for Application for Transformational Affordable Housing, Homeownership and Workforce Housing Grant ProgramTOWN OF FRASER RESOLUTION NO. 2023-01-04 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN LETTER OF COMMITMENT FOR APPLICATION FOR THE TRANSFORMATIONAL AFFORDABLE HOUSING, HOMEOWNERSHIP, AND WORKFORCE HOUSING GRANT PROGRAM WHEREAS, the Colorado Division of Housing has a Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program. WHEREAS, the Grant Program will play a critical role in bringing desperately needed affordable housing to the Fraser Valley. WHEREAS, The Operation Turnkey Grant from DOLA and DOH in 2022 secured the land purchase of Victoria Village. WHEREAS, the Victoria Village master planning, infrastructure extension, and site design will require grant support, allocated Town Funds and fee adjustments to leverage additional federal, state, and private financing to launch vertical construction in 2024 and drive project success. WHEREAS, the Board of Trustees approved a Letter of Intent to apply for the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program at the December 7, 2022 meeting and is in process for the public hearing and authorization on the February 15, 2023 meeting. WHEREAS, staff recommends authorizing the Mayor to sign the Letter of Commitment for the Grant application as an initial authorization to apply with signature authority. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Mayor is authorized to sign the Letter of Commitment for Application for the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program. READ, PASSED ON ROLL CALL VOTE, AND ADTOPTED BY THE BOARD OF TRUSTEES THIS 30th DAY OF JANUARY 2023. Votes in favor: BOARD OF TRUSTEES OF T E Votes opposed: e TOWN OF FRASER, COLOF DO Abstained: Absent: BY: Mayor ATTEST: C Town Clerk January 30, 2023 Colorado Division of Housing Attn: Timothy Dolan, Housing Development Program Manager Subject: Letter of Commitment for Application for the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program Mr. Dolan. The Town of Fraser and Fraser Housing Authority, a separate authority made up of the Town of Fraser Board of Trustees, are committed to providing up to the $2,500,000 matching funds, in accordance with the Grant terms, in order to apply for $10,000,000 in funding through the Transformational Affordable Housing, Homeownership, and Workforce Housing Grant Program. This Grant Program will play a critical role in bringing desperately needed affordable housing to the Fraser Valley. The 11 acre vacant lot known as Victoria Village and identified as Lots 1 through 8, inclusive, Block, A, Lots 1 through 9, Block, B, Lots 1 through 8, inclusive, Block, C, Lots 1 through 8, inclusive, Block, D, Lots 1 through 8, inclusive, Block, E, Lots 1 through 5, inclusive, Block, F also known as 225 Park Ave, Fraser, CO 80442 is the planned location of a significant affordable housing project ranging from 150-200 units with a 30-120% AMI mix. This boost in inventory would meaningfully address the projected demand for 688 attainable units in the Fraser Valley over the next five years according to the 2022 Housing Needs Assessment Study. The Operation Turnkey Grant from DOLA and DOH in 2022 secured the land purchase of Victoria Village. The Town of Fraser is in the early stages of partnership with a development team with anticipated contract execution in February 2023.The concentration for 2023 will include master planning, infrastructure extension, and site design. These early stages will require grant support, allocated Town funds, and fee adjustments to leverage additional federal, state, and private financing to launch vertical construction in 2024 and drive project success. Sincerely, Mayo Philip Vandernail Town of Fraser Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com L. Program Requirement: Statement of Assurances No data saved Case Id: 33317 Name: Victoria Village TANG - 2021/22 Address: 225 Park Ave L. Program Requirement: Statement of Assurances Please review the following information. APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The application must adhere to the following assurances and certification, that it: 1. Possesses legal authority to apply for the loan/grant and to execute the proposed project, and its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances required, and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required; 2. Will give the State, the U.S. Department of Housing and Urban Development (HUD), and any state - authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and grant; 3. Has provided a description of the proposed activity to determine its eligibility for CDBG, NSP, HOME, HTF, CHIF, HDG, or HDLF funding; 4. Will comply with all requirements of the CDBG, NSP, HOME, HTF, CHIF, HDG, or HDLF funds when such funds are awarded for applicant's housing activity; 5. Will affirmatively further fair housing by: o Refraining from discrimination with respect to housing, program benefits, and employment, and; o Taking affirmative steps to promote fair housing for all, regardless of race, color, religion/creed, national origin/ancestry, sex, age, disability, veteran status, mental illness, sexual orientation, transgender status, and all other federal and State protected classes; 6. Has provided for and encouraged citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of areas in which CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF funds are proposed to be used; by: o Providing citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF funds; o Furnishing citizens information concerning: the amount of funds available for proposed housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income; its plans for minimizing displacement of persons as a result of activities assisted with CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF funds; and its plan for assisting persons actually displaced as a result of such activities; Printed By: on 1/31/2023 1 of 3 NNeighborly Software o Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); o Holding one or more public meetings, to obtain citizens view and responses to proposals and questions related to community development and housing needs, proposed activities and past CDBG, NSP, HOME, HTF, CHIF, HDG, and HDLF performances. All meetings were held no sooner than five days after notice, at times and locations convenient to potential or actual beneficiaries, and with accommodations for the handicapped. o Providing for a timely answer to written complaints and grievances, within 15 working days where practicable; and o Identifying how the needs of non-English speaking residents will be met in the case of public meetings where a significant number of non-English speaking residents can be reasonably expected to participate. 7. The NEPA (40 CFR 1500-1508) and Part 58 prohibits the commitment or expenditure of federal funds until the environmental review process has been completed and the state receives a release of funds. After application the application for federal funds has been submitted but before the release of funds has been issued, applicants must avoid any and all of the following actions: o Expenditure of federal funds; o Actions that would have an adverse impact--- e.g., demolition, dredging, filling, excavating; o Actions that would be "choice limiting"--- e.g., acquisition of real property; leasing property; rehabilitation, demolition, construction of buildings or structures; relocating buildings or structures, conversion of land or buildings/structures. o Bids for actions that may have an adverse impact or choice -limiting actions. Byrd Anti -Lobbying Certification The undersigned certifies, to the best of their knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. 4. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Printed By: on 1/31/2023 2 of 3 NNeighborly Software $10,000 and not more than $100,000 for each such failure. Chief Elected Official/Executi Director/President **Not signed Date Printed By: on 1/31/2023 3 of 3 NNeighborly Software J. Program Requirement: Lawful Presence No data saved Case Id: 33317 Name: Victoria Village TANG - 2021/22 Address: 225 Park Ave J. Program Requirement: Lawful Presence Please review the following information. Verification of Lawful Presence of Beneficiaries Federal laws require Grantees to verify the lawful presence of beneficiaries of public funds. The requirements to ensure lawful presence vary by the funding sources used to finance projects, as follows: Federal HOME Investment Partnership, Community Development Block Grant Programs, Neighborhood Stabilization Program, or National Housing Trust Fund If the funding is HOME, CDBG, NSP, or HTF, the Welfare Reform Act does not require a non-profit charitable organization to determine, verify or otherwise require proof of lawful presence. If the managing member is a non- profit or if the general partner of a LIHTC ownership entity is a non-profit, this also applies. If the funding is provided to a for-profit, government, or quasi -government entity, all adult family members will have to sign a Declaration of Residency form. State of Colorado funds (HDG, HDLF, or CHIF) Per Colorado HB 21-1054, public or assisted housing is exempted from the requirement to verify lawful presence in the United States, unless otherwise required by federal law. I agree to provide and maintain the legal resident requirements as described above. Signature, Chief Elected Official/Executive Director/President **Not signed Date ( I j/ 3 Printed By: on 1/31/2023 1 of 1 N .ighbody S(,fiw.ur K. Program Requirement: Standard Insurance No data saved Case Id: 33317 Name: Victoria Village TAHG - 2021/22 Address: 225 Park Ave K. Program Requirement: Standard Insurance Please review the following information. STANDARD INSURANCE REQUIREMENTS State of Colorado insurance requirements are as follows and apply to all DOH -funded projects. Grantee and its sub - grantees and subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. Grantee Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the Governmental Immunity Act"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under such Art. Grantee shall show proof of such insurance satisfactory to the Department, if requested by the Department. Grantee shall require each grant or contract with a sub -grantee or subcontractor which is a public entity, providing Goods or Services in connection with this Grant, to include the insurance requirements necessary to meet sub -grantees liabilities under the Act. Non -Public Entities If Grantee is not a "public entity" within the meaning of the Governmental Immunity Act, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements with respect to sub -grantees and sub -contractors which are not "public entities". Sub -grantees and Subcontractors Grantee shall require each contract with a sub -grantee or subcontractor, other than those that are public entities, providing Goods or Services in connection with this Grant to include insurance requirements substantially similar to the following: Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of sub -grantee or subcontractor employees acting within the course and scope of their employment. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: Printed By: on 1/31/2023 1 of 3 N Neighborly Software • $1,000,000 each occurrence; • $1,000,000 general aggregate; • $1,000,000 products and completed operations aggregate; and • $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub -grantee or subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Primacy of Coverage Coverage required of the sub -grantee or subcontractor shall be primary over any insurance or self-insurance program carried by Grantee or the State. Cancellation The above insurance policies shall include provisions preventing cancellation or non -renewal without at least 45 days prior notice to the Grantee and the State by certified mail. Subrogation Waiver All insurance policies in any way related to the Grant and secured and maintained by Grantee's sub -grantees or subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. Malpractice/Professional Liability Insurance Professional Liability Insurance Policy may apply in the minimum amount of $1,000,000 per occurrence and $3,000,000 in the aggregate, written on an occurrence form, that provides coverage for its work undertaken pursuant to this Grant. If a policy written on an occurrence form is not commercially available, the claims -made policy shall remain in effect for the duration of the Grant and for at least two years beyond the completion and acceptance of the work under the Grant, or, alternatively, a two year extended reporting period must be purchased. Certificates Each of Grantee's subcontractors and subgrantees shall provide certificates showing insurance coverage required hereunder to Grantee within seven business days of the Effective Date, but in no event later than the commencement of the Services or delivery of the Goods under the subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage, each subcontractor or subgrantee shall deliver to Grantee certificates of insurance evidencing renewals thereof upon request by the Department or at any other time during the term of a subcontract or subgrantee, Grantee may request in writing, and the subcontractor or subgrantee shall thereupon within 10 days supply to Grantee, evidence satisfactory to Grantee and the Department of compliance with the provisions of this section. Printed By: on 1/31/2023 2 of 3 NNeighborly Software I agree to provide and maintain the insurance as described above . Signature, Chief Elected Official/Executive Director/President **Not signed Date Printed By: on 1/31/2023 3 of 3 HNeighborly Software