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;
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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
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$10,000 and not more than $100,000 for each such failure.
Chief Elected Official/Executi Director/President
**Not signed
Date
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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
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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:
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• $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.
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I agree to provide and maintain the insurance as described above .
Signature, Chief Elected Official/Executive Director/President
**Not signed
Date
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