HomeMy WebLinkAboutAgenda - City Council - 11/06/2023AGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request Electronically; https://meet.goto.com/SouthBurlingtonVT/citycouncil-11-06-2023 By Phone: +1 (646) 749-3122 Access Code: 411-111-013
Regular Session 6:30 P.M. Monday November 6, 2023
1.Pledge of Allegiance (6:30 p.m.)
2.Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 p.m.)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34p.m.)
4.Comments and questions from the public not related to the agenda (6:35 – 6:45 p.m.)
5. Councilors’ Announcements and Reports on Committee assignments and City Manager’s
Report (6:45 – 6:55 p.m.)
6.Consent Agenda: (6:55 – 7:00 p.m.)
A.*** Consider and Sign DisbursementsB.*** Approve an agreement with Spear Street Solar for a waiver of the setbackrequirementC.*** Award the Wastewater Industrial User Survey contract to Hoyle Tanner &AssociatesD.*** Approve the submission of a Step 2 Vermont Clean Water State Revolving LoanProgram loan application for the Airport Parkway Solids Handling ImprovementProject and name Thomas DiPietro, Director of Public Works, as the City'sauthorized representativeE.*** Approve the submission of a Step 2 Vermont Clean Water State Revolving LoanProgram loan application for the Bartlett Bay Wastewater Treatment FacilityRefurbishment Project and name Thomas DiPietro, Director of Public Works, as theCity's authorized representative
F.*** Approve interim agreements for the maintenance of (1) roads, sidewalks, and theshared use path and (2) for pump station maintenance at Spear MeadowsG.*** Approve the MS4 Community Formula Grant application to reduce the adverse
impacts to water quality from discharge and stormwater runoff
7. Introduce Nick Gingrow, Information Technology Director, and Adam Matth, Recreation and Parks Director – Jessie Baker, City Manager (7:00 – 7:10 p.m.)
8. Consider an appointment to the Development Review Board – Jessie Baker, City Manager (7:10 – 7:40 p.m.)
• Potentially hold an Executive Session for the purpose of discussing appointments 9. *** Receive a recommendation from the Affordable Housing and Housing Trust Fund
Committees requesting additional funding be allocated to the Housing Trust Fund – Chris Trombly and Larry Kupferman, chairs, and Darrilyn Peters (7:40 – 8:10 p.m.) 10. *** Further consider a proposed Residential Rental Ordinance, information on staffing and space planning, and provide direction to staff. The council could consider warning a first reading of the ordinance for January 2, 2024 – Steven Locke, Deputy City Manager (8:10 – 8:40 p.m.) 11. *** Introduce the draft of the Climate Action Plan - Government Operations Implementation Plan and provide direction to staff – Louis Bresee, Energy Project Manager (8:40 – 9:10 p.m.)
12. *** Receive an update on the status of the TIF projects with a focus on right of way and financing – Ilona Blanchard, Community Development Director (9:10 – 9:40 p.m.) 13. *** Discuss and possibly approve shifts in the Council Liaison roles – Jessie Baker, City Manager (9:40 – 9:50 p.m.) 14. Other Business (9:50 – 10:00 p.m.) 15. Adjourn (10:00 p.m.)
Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 11/7/2023 Through 11/7/2023
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
11/7/2023 4660 Bevins & Son Inc.Hydrant Replacement 2,575.00 19520
11/7/2023 4661 E.J. Prescott Breakaway Kit 270.89 6243072
11/7/2023 E.J. Prescott Cold Patch 51.24 6244288
11/7/2023 E.J. Prescott Valve Box Top 15.53 6244379
11/7/2023 4662 Jingzhu Li Refund owner of 34 O'Brien Drive 80.00 REFUND 4780
11/7/2023 4663 Office Essentials of Vermont Folders 9.65 39719
11/7/2023 4664 SecurShred Scan and Shred FY21 and FY22 Invoices 294.11 3818
11/7/2023 4665 Ti-Sales, Inc.Meter Upgrades 18,153.60 INV0163383
11/7/2023 Ti-Sales, Inc.Meters 5,599.40 INV0163384
Total 70 - South Burlington Water
Department
27,049.42
Report Total 27,049.42
SOUTH BURLINGTON CITY COUNCIL
70 - South Burlington Water Department
Page: 1
MEMORANDUM
TO: Jessie Baker, City Manager
South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: 600 Spear Street Solar Setback Waiver Agreement
DATE: November 6, 2023 City Council meeting
Enclosed please find a draft agreement between the City and Spear Street Solar for waiver of a portion of their
required side lot setback at 600 Spear Street.
Pursuant to 30 V.S.A. § 248(s), a solar facility greater than 150-kW in size is, unless waived by the affected adjoining
property owner and the local municipality, subject to a minimum setback of 50 feet from the solar panels to the
property line (measured as the shortest distance between the nearest portion of a solar panel or support structure
for a solar panel at its point of attachment to the ground and the adjoining property boundary line.
Spear Street Solar is requesting a waiver from the City to reduce the setback from 50’ to 25’ along the property’s
northern boundary. Spear Street Solar has obtained approval from the adjacent property owner, UVM, to reduce
the setback to 10’.
Staff reviewed the request for consistency with the applicant’s previous statement to the City to allow space for a
walking path on the subject property north of the solar array. The applicant re-affirmed their commitment retain a
10’ wide walking path as part of the project.
Staff therefore considers the request to be consistent with the City’s feedback and direction on the project. The City
Attorney has reviewed the draft language and has no recommended changes.
Recommendation: Staff recommends the City Council authorize the City Manager to execute the agreement in a
manner substantially similar to the enclosed draft.
Setback Agreement SB 10-11-23 clean.docx
PROPERTY SETBACK WAIVER AGREEMENT
This Property Setback Waiver Agreement ("SB Waiver Agreement") is made effective
October ___, 2023, by and between: 600 SPEAR EBT, LLC and 600 SPEAR FJT, LLC, Vermont
limited liability companies (referred to herein together as "600 SPEAR"); SPEAR STREET SOLAR,
LLC, a Vermont limited liability company (referred to herein as "SOLAR"); and the CITY OF SOUTH
BURLINGTON, VERMONT, a municipal corporation (referred to herein as "SB"). 600 SPEAR,
SOLAR and SB are collectively referred to herein as the "Parties."
WHEREAS, SOLAR proposes to build the so-called Spear Street Solar Farm ("Project"), a
500-kW photovoltaic generation facility to be sited on a parcel located at 600 Spear Street in
South Burlington, Vermont, on land owned by 600 SPEAR identified as Parcel ID 1640-00600 on
the City of South Burlington, Vermont, Tax Map ("600 Property") and as depicted on Exhibit A
attached hereto; and
WHEREAS, pursuant to 30 V.S.A. § 248(s), a solar facility greater than 150-kW in size is,
unless waived by the affected adjoining property owner and the local municipality, subject to a
minimum setback of 50 feet from the solar panels to the property line (measured as the shortest
distance between the nearest portion of a solar panel or support structure for a solar panel at its
point of attachment to the ground and the adjoining property boundary line); and
WHEREAS, SOLAR proposes to install solar panels for the Project at a minimum of 10 feet
from the property line between the 600 Property and the University of Vermont’s (“UVM”) parcel
located to the north of the 600 Property as depicted on Exhibit A and on the Project Site Plan
attached hereto as Exhibit B; and
WHEREAS, UVM has agreed to the 10-foot Project setback as shown figure B-2 on Exhibit
B and has waived any objection to SOLAR’S proposed Project Site Plan ("UVM Waiver
Agreement");
WHEREAS, SOLAR now proposes to modify its plan to provide for a 25-foot Project setback
as shown on figure B-3 on Exhibit B;
Spear Street Solar Farm
Property Setback Waiver – City of South Burlington
Page 2
NOW, THEREFORE, in consideration of the above stated recitals and other good and
valuable consideration, the Parties agree as follows:
1. 600 SPEAR and SOLAR represent and warrant to SB that UVM has agreed to the
10-foot minimum setback as depicted on figure B-2 on Exhibit B and has waived
any objection to SOLAR’S proposed Project Site Plan.
2. In accordance with 30 V.S.A. § 248(s)(3)(B), SB hereby states that it has no
objection to SOLAR’S proposed minimum Project setback of twenty-five (25) feet
from the boundary line between the 600 Property and UVM parcel as depicted on
figure B-3 on Exhibit B.
IN WITNESS WHEREOF, the Parties, as evidenced by the signatures of their respective Duly
Authorized Representatives do hereby execute this Agreement as of the date set forth above.
CITY OF SOUTH BURLINGTON, VERMONT, a
municipal corporation
___________________________
Duly Authorized Representative
STATE OF VERMONT
_______________ COUNTY, SS
At _______________ , in said county and state, on this ____ day of October 2023
personally appeared _________________________________________, known to me, and
acknowledged that he/she executed the foregoing instrument as his free act and deed and the
free act and deed of the CITY OF SOUTH BURLINGTON, VERMONT, a municipal corporation .
Before me, __________________________
Notary Public
Commission No. ______________
My commission expires: ______________
Spear Street Solar Farm
Property Setback Waiver – City of South Burlington
Page 3
600 SPEAR EBT, LLC,
600 SPEAR FJT, LLC, and
SPEAR STREET SOLAR, LLC
By EF Manager, LLC, Manager
___________________________
FJ von Turkovich
Duly Authorized Representative
STATE OF VERMONT
_______________ COUNTY, SS
At _______________ , in said county and state, on this ____ day of October 2023
personally appeared Francis J. von Turkovich, known to me, and acknowledged that he executed
the foregoing instrument as his free act and deed and the free act and deed of EF MANAGER,
LLC, Manager of 600 SPEAR EBT, LLC, 600 SPEAR FJT, LLC, and SPEAR STREET SOLAR, LLC.
Before me, __________________________
Notary Public
Commission No. _____________
My commission expires: ______________
Spear Street Solar Farm
Property Setback Waiver – City of South Burlington
Page 4
EXHIBIT A
(PARCEL LOCATIONS)
N
Spear Street Solar Farm
Property Setback Waiver – City of South Burlington
Page 5
EXHIBIT B
(PROJECT SITE PLAN)
Figure B-1: Setback Line Before UVM Waiver Agreement
Figure B-2: Setback Line After UVM Waiver Agreement
Location of setback line before agreement of
Parties.
New setback line ten feet from boundary line.
Boundary line.
Boundary line. N
Spear Street Solar Farm
Property Setback Waiver – City of South Burlington
Page 6
Figure B-3: Setback Line After SB Waiver Agreement
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SOLAR PANELS
PERIMETER FENCE
Boundary line. Proposed 25-foot
Project setback.
180 Market Street, South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.southburlingtonvt.gov
Physical Address: 104 Landfill Road, South Burlington, VT 05403
To: South Burlington City Council
From: Bob Fischer, Water Quality Superintendent
Cc: Tom DiPietro, Director of Public Works
Jessie Baker, City Manager
Date: October 26, 2023
Re: Contract for Industrial User Survey
The City received a grant through the American Rescue Plan Act (ARPA) (grant no. 06140-2023-
ARPA-PT03) on July 26, 2023. The intent of the ARPA grant is to allow the City better control of
the discharge of wastewater pollutants from its industrial users (IUs) into the City’s Publicly
Owned Treatment Works (POTW). The grant covers up to $199,000 for a variety of tasks
including: identification of IUs, development of technically based local limits for pollutants
reaching the POTW, and update of the City’s wastewater ordinance related to industrial
discharges.
In June of 2023 the City released a Request For Qualifications (RFQ) to identify consultants
capable of completing an industrial user survey. Three firms responded to the RFQ. After review
of submissions, staff in the Department of Public works determined that Hoyle, Tanner &
Associates (HTA) was the firm most qualified to assist the City with this work. Subsequent to this
determination, the City worked with HTA and grant administrators at the State of Vermont to
develop a contract and scope of work (attached). The total cost of the contract is $210,000. Project
costs beyond those covered by the grant will be paid out of the engineering/consulting line item
in the wastewater division budget. The contract has been reviewed by the City attorney.
I recommend that City Council approve award of the industrial user survey contract to Hoyle,
Tanner & Associates.
1.
CITY OF SOUTH BURLINGTON
AGREEMENT FOR INDUSTRIAL USER SURVEY
WITH HOYLE TANNER & ASSOCIATES, INC.
THIS AGREEMENT (“Agreement”) is made this _________day of ___________, 2023, by and
between the City of South Burlington, a Vermont municipality located in the County of Chittenden
and State of Vermont (“City”), and Hoyle, Tanner& Associates, Inc, a corporation registered in
Vermont as a foreign profit corporation with a principal place of business located at 150 Dow
Street, Manchester, New Hampshire (hereinafter the “Engineer”).
WHEREAS, the City requires the services of a qualified Engineer to support the completion of
an industrial user survey (“Project”); and
WHEREAS, Engineer is willing to provide such services itself and, if needed, through
subcontractors practicing in other disciplines, as required.;
WHEREAS, the City Council has authorized the Director of Public Works to enter into an
agreement with Engineer for the purpose of providing the services described in Exhibit A; and
NOW THEREFORE, in consideration of these premises and the mutual covenants herein set
forth, it is agreed by the parties hereto, as follows:
1. Services Provided by Engineer. Subject to the terms and conditions set forth in this
Agreement, Engineer shall provide to City the services described in Exhibit A (Scope of Services),
incorporated herein by reference. Subject to the terms and conditions set forth in this Agreement,
Engineer shall provide said services at the time, place and in the manner described in Exhibit A.
In the case of any inconsistency between this document and Exhibit A, this document shall control.
2. Standard of Performance. Engineer shall perform all services required under this
Agreement according to the standards currently observed by a competent practitioner of
Engineer’s profession. All services of whatever nature that Engineer delivers to City pursuant to
this Agreement shall be prepared in a professional manner and conform to the standards of quality
normally observed by a competent person currently practicing in Engineer’s profession and such
services shall be provided in accordance with the Project Schedules specified in Exhibit A.
3. Conflicts of Interest. While this Agreement is in force and effect, the Engineer, including
any of its employees, agents, and subcontractors, shall accept no services nor perform any services
that would constitute a conflict of interest for or with the City. Engineer shall immediately notify
the City whenever the Engineer, including any of its employees, agents, and its subcontractors,
discovers a situation which may constitute or appear to constitute such a conflict of interest for or
with the City.
2.
Except with the approval of the City, during the life of the Agreement, the Engineer shall not
employ personnel on the payroll of the City who are directly involved with the awarding,
administration, monitoring, or performance of the Agreement or any portion of the Project that is
the subject of the Agreement or any person so involved within one (1) year of termination of
employment with the City.
The Engineer agrees that no company or person has been employed or retained, other than a bona
fide employee working solely for the Engineer, to solicit the City or secure this Agreement, and
that no company or person has been paid or has an agreement with the Engineer to be paid, other
than a bona fide employee working solely for the Engineer, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the City’s award
or making of the Agreement. For breach or violation of this section, the City shall have the right
to annul the Agreement, without liability to the City, and to regain all costs incurred by the City in
the performance of the Agreement.
4. Additions or Deletions. The City may, upon written notice, and without invalidating the
Agreement, require changes to, additions to, or deletions from Exhibit A prior to completion of
this Agreement by means of an amendment. Subject to the terms and conditions set forth in this
Agreement, any amendments of this nature shall be executed under the appropriate fee established
in Exhibit A, based on the adjusted quantity or type of tasks or services required. To the extent that
any such amendment requires an extension of time, Engineer will submit a request for extension
of time to the City and the Parties will use commercially reasonable efforts to reach agreement as
to an appropriate extension of time.
Any such adjusted tasks or services shall be subject, in all other respects, to the terms and
conditions of this Agreement. When any such adjustments are so ordered, no additional tasks or
services shall be provided by the Engineer until a written amendment has been fully executed,
unless otherwise agreed to by the City in writing.
Engineer shall not be compensated for services outside the scope of Exhibit A unless prior to the
commencement of such services: (a) Engineer specifically identifies the services that it believes
are outside the scope of Exhibit A and notifies City in writing regarding the same, and City agrees
that such services are outside the scope of Exhibit A; (b) Engineer estimates the additional
compensation required for these additional services; and (c) City, after receiving notice from
Engineer, approves in writing a Supplemental Agreement specifying the additional services and
amount of compensation therefor. City shall have no obligations whatsoever under this Agreement
or any Supplemental Agreement unless and until this Agreement or any Supplemental Agreement
is approved by the City in accordance with Paragraph 4 of this Agreement.
3.
5. Inspection of Work. The City shall, at all times, have access to the plans, studies, data
sheets, surveys, survey notes, subsoil information, drawings, tracings, estimates, specifications,
proposals, diagrams, calculations, electronic data media (“EDM”) and other materials prepared or
collected by the Engineer or any subcontractors pursuant to this Agreement, hereafter referred to
as "Instruments of Professional Service", for the purposes of inspection, accounting, and auditing.
Engineer and any subcontractor shall provide whatever access the City deems necessary to
accomplish any such inspection, accounting or auditing and shall maintain all records necessary
to do so for a minimum of three years following the completion of construction.
Should the City receive federal funding for this project, the relevant federal agency(s) or any of
their duly authorized representatives shall have access to any books, documents, papers, and
records of the Engineer which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
6. Ownership of Work. The Engineer agrees that the ownership of all Instruments of
Professional Service shall become the property of the City as they are prepared or developed or
collected pursuant to this Agreement. The Engineer agrees that neither Engineer nor any
subcontractor shall upon payment in full for services performed disclose any Instruments of
Professional Service, or discuss the same with anyone, without the prior written authorization of
the City provided, however that the Engineer is authorized to disclose, where relevant, any such
materials to its subcontractors and vice versa. The Engineer and any subcontractor shall surrender
to the City upon demand at any time any Instruments of Professional Service that have been
prepared or developed or collected by the Engineer pursuant to this Agreement. Upon completion
of the work, in full, these Instruments of Professional Service will be appropriately endorsed by
the Engineer or appropriate subcontractor and surrendered to the City. Data and intellectual
property rights to any Instruments of Professional Service prepared or developed or collected
pursuant to this Agreement are reserved to the City and shall not be copyrighted by the Engineer
or any subcontractor at any time without written approval of the City. No publications or publicity
of the services provided to the City, in part or in total, shall be made without the written approval
of the City. This section does not prohibit Engineer from using its any standard details, designs, or
specifications on other Projects. Use of Instruments of Professional Service without engagement
of the Engineer by the City shall be at the City’s sole risk, and the City agrees to indemnify, defend,
and hold the Engineer harmless from all claims, damages, and expenses including attorney’s fees,
arising out of such use by the Owner.
7. Design Standards. Unless otherwise specifically provided for in this Agreement, or as
directed by the City in writing, any Engineer or subcontractor services, studies or designs, that
include or make reference to plans, specifications, special provisions, computations, estimates, or
other data necessary for any part of the Project, shall be in conformance with all applicable codes,
statutes, ordinances, rules and regulations. In the case of any conflict between or within any
4.
applicable specifications, guidelines, manuals, codes, rules or regulations, the Engineer shall
identify the conflict and notify the City and follow any course of direction provided by the City.
8. Written Deliverables. Written deliverables shall be provided to the City electronically and
be on 8 1/2" by 11” paper, consecutively printed on both sides, unless the material merits a larger
size. Final reports shall be bound and have a title page that identifies the Project and publication
date. Reports shall have a table of contents and each page shall be numbered successively. Draft
reports shall be identified as such on all pages. Material that is confidential shall be clearly marked
“CONFIDENTIAL” on all pages. Draft documents for review by City staff shall be in word format.
Draft documents for review by public bodies shall be in portable document format (.pdf) unless
otherwise specified by the City. Final original documents shall be as specified in Exhibit A.
9. Electronic Data Media. Engineer shall insure that all data and information created or
stored on electronic data media (“EDM”) is secure and can be duplicated if the EDM mechanism
is subjected to power outage or damage.
10. Term. The services to be performed by the Engineer and subcontractors under this
Agreement shall commence within ten (10) days after being notified to proceed by the City Project
Manager and shall be completed by the final ARPA deliverable closing meeting anticipated for
mid-October 2026 or upon completion of the Project, whichever shall occur first, unless this
Agreement is sooner terminated. Upon completion of all the services required under the
Agreement and payment of the agreed upon fee, the Agreement with its mutual obligations shall
be terminated.
11. Completion of Tasks. Engineer, including any subcontractor, shall complete all tasks
required under this Agreement in accordance with the Project Schedules specified in Exhibit A.
No charges or claims for damages shall be made by the Engineer or any subcontractor for delays
or hindrances, regardless of the cause, during the provision of any services pursuant to this
Agreement. This section does not prohibit Engineers from seeking to modify its compensation
under this Agreement for delays or hinderances.
During the term of the Agreement, the Engineer will make quarterly progress reports indicating
the tasks completed through the date of the report. The Engineer shall link the progress reports to
the Project Milestones specified in Exhibit A. The report shall indicate any matters that have or
are anticipated to adversely affect the completion of tasks in accordance with the Project Schedules
specified in Exhibit A. The City reserves the right to require that Engineer prepare revised Project
Schedules in the event that a specific task is not completed as scheduled. Time extensions by the
City must be in writing and will only be granted for reasonably excusable delays beyond the control
of the Engineer and without any fault or negligence on the part of the Engineer.
5.
13. Reviews and Acceptances. All Instruments of Professional Service, and other documents
or materials prepared or collected by the Engineer or any subcontractors pursuant to this
Agreement, shall be subject to review and formal written approval by the City. The Engineers shall
promptly respond to all City inquiries and comments regarding the Project. Redrafts required as a
result of any review and rejection by the City shall be compensated on an hourly basis at the rates
identified in Exhibit A. Formal written approval by the City shall not relieve the Engineer of its
professional obligation, if any, to comply with the relevant standard of care.
14. City’s Option to Terminate. This Agreement may be terminated by the City at any time
in accordance with the following provisions:
a) Termination for Cause. If, through any cause, the Engineer shall fail to fulfill any
material obligations under this Agreement, or if the Engineer shall breach any of the
material terms of this Agreement, the City shall have the right to terminate the Agreement
by giving twenty (20) days’ written notice to the Engineer. Termination for cause will be
made without further compensation to Engineer.
b) Termination for Convenience. In addition, the City may terminate this Agreement for
its convenience at any time by giving twenty (20) days’ written notice to the Engineer. In
such case, the Engineer shall be entitled to receive full compensation for all services
performed hereunder prior to the date of termination in accordance with the Cost Proposal
specified in Exhibit A. Such compensation shall be the sole and exclusive remedy of the
Engineer for termination of this Agreement by the City and the Engineer shall not be
entitled to claims for lost profits or any other damages or expenses.
15. Suspension. The City may suspend in whole or in part, any of the Engineer's obligations
under this Agreement if, in the City's sole determination, any condition arises which interferes, or
threatens to interfere, with (a) the successful accomplishment of the Project or a related project, or
(b) the accomplishment of the purpose this Agreement, or (c) the performance by either party of
its obligations under this Agreement. Such suspension shall not extend the term of the contract,
unless agreed to by the Parties. The Parties shall use commercially reasonable efforts to reach
agreement on any request for extension of the term of the contract.
Such conditions shall include, but shall not be limited to, any delay in funding for the Project; any
delay in any permitting or other governmental approval required for the Project; acts of God, acts
of war, riot, fire, explosion, accident, flood, or sabotage; lack of adequate fuel or power; changes
in governmental laws, regulations, rule makings, permits, approvals or requirements; court orders,
actions or injunctions; and/or any other conditions which may affect the Project.
6.
16. Personnel and Subcontractors. Engineer shall assign only competent and qualified
personnel and subcontractors to perform the services required under this Agreement. Prior to any
such performance, Engineer shall notify City in writing of any changes to the approved personnel
or subcontractors identified in Exhibit B, incorporated herein by reference. The City shall have
the right to approve or disapprove of the Engineer’s personnel or subcontractors assigned by
Engineer to perform services under this Agreement and, at any time during the term of this
Agreement, to require removal by Engineer of any such personnel or subcontractor on the grounds
of misconduct, negligence, or failure or refusal to perform in accordance with the standard required
under Paragraph 2 (“Standard of Performance”). In the event that the City, at any time during the
term of this Agreement, desires the removal of any such personnel or sub-contractor, Engineer
shall remove such person immediately upon written notice from City requiring the removal of such
person.
17. Relationship to the City. The Engineer shall act as an independent contractor and not as
an employee of the City. The Engineer shall have responsibility for general supervision of
Engineer’s employees and its subcontractors. The Engineer shall be responsible for any
compensation obligations to its employees, including, without limitation, payment of salaries,
fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies, office
overhead expenses, telephone and other telecommunication expenses.
Furthermore, except as the City may otherwise specify in writing and except as set forth in Exhibit
A, Engineer and Engineer’s personnel and subcontractors, shall have NO AUTHORITY, express
or implied, to act on behalf of the City in any capacity whatsoever as agent. Engineer and
Engineer’s personnel and subcontractors shall have NO AUTHORITY, express or implied, to bind
the City to any obligations whatsoever.
18. Equipment and Facilities. Engineer shall, at its own cost and expense, furnish all
equipment and facilities that may be required in providing services pursuant to this Agreement.
19. Record Keeping. The Engineer agrees to maintain complete and accurate records, in a
form satisfactory to the City, for all time expended by Engineer or any subcontractor in providing
services to the City pursuant to this Agreement. The Engineer shall maintain all financial
statements, reports, documents, payrolls, papers, accounting records and other evidence pertaining
to costs and/or expenses incurred in providing such services in accordance with Generally
Accepted Accounting Principles or similarly recognized, accepted accounting standards. These
records shall be available to the City or its authorized designee at reasonable times during the term
of this Agreement and shall be maintained for three (3) years following the completion of the
project.
7.
20. Insurance. The Engineer shall procure and maintain insurance against claims for injuries
to persons or damage to property which may arise from or in connection with performance of the
services under this Agreement by the Engineer, its agents, representatives, employees, or
subcontractors.
A. Coverage Limits. At a minimum, Engineer shall acquire and maintain the following types of
insurance coverage in the amounts indicated:
A. Commercial General Liability (CGL) Insurance on an “occurrence” basis, including, but
not limited to, products and completed operations, property damage, bodily injury and death,
and personal and advertising injury with limits of no less than $2,000,000 per occurrence. If a
general aggregate limit applies, the general aggregate limit shall $4,000,000.
B. Automobile Liability Insurance with limits of no less than $2,000,000 Combined Single
Limit for each occurrence.
C. Workers’ Compensation Insurance as required by the State of Vermont with Statutory
Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident
for bodily injury or disease.
D. Professional Liability (Errors and Omissions) Insurance appropriate to the Engineer’s
profession, with limits of no less than $1,000,000 per occurrence or claim and $2,000,000
general aggregate.
E. The Engineer may achieve the required limits and coverage for Commercial General
Liability and Automobile Liability through a combination of primary and excess or umbrella
liability insurance, provided such primary and excess or umbrella insurance policies result in the
same or greater coverage as the coverages required for Commercial General Liability and
Automobile Liability identified above, and in no event shall any excess or umbrella liability
insurance provide narrower coverage than the primary policy. The excess policy shall not require
the exhaustion of the underlying limits only through the actual payment by the underlying
insurers.
B. Endorsements. The insurance policies required under this Agreement are to contain, or be
endorsed to contain, the following provisions:
1. Additional Insured Status. The City, its officers, officials, employees and volunteers are to
be covered as additional insureds on the CGL policy with respect to any liability arising out of
work or operations by or on behalf of the Engineer its agents, representatives, employees, or
subcontractors including materials, parts, or equipment furnished in connection with such work
or operations.
8.
2. Primary Coverage. For any claims related to this Agreement, the Engineer’s coverage shall
be the primary and non-contributory insurance in respect to the City, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City shall be
excess of the Engineer’s insurance and shall not contribute with Engineer’s insurance until
limits are fully exhausted.
C. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall
not be canceled, except with thirty (30) days’ notice to the City.
D. Waiver of Subrogation. The Engineer hereby grants to the City a waiver of any right to
subrogation which any insurer of the Engineer may acquire against the City by virtue of the
payment of any loss under such insurance. This provision applies regardless of whether or not the
City has received a waiver of subrogation endorsement from the insurer.
E. Acceptability of Insurers. Any insurance required by this Agreement is to be placed with
insurers with a current A.M. Best’s rating of no less than A-VII.
F. Deductibles and Self-Insurance Retentions. Any deductibles or self-insurance retentions must
be declared to and approved by the City.
G. Verification of Coverage. The Engineer shall furnish City with original certificates and
amendatory endorsements or copies of the applicable policy language memorializing the insurance
coverages required above for the Engineer and all subcontractors. All certificates and
endorsements must be received and approved by the City before this Agreement commences and
annually thereafter. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required under this Agreement, at any time.
H. Subcontractors. The Engineer shall require and verify that all subcontractors maintain insurance
meeting all the requirements stated herein, and the Engineer shall ensure that the City is an
additional insured on insurance required from subcontractors.
I. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(1) The retroactive date must be shown and must be before the date of this Agreement; (2)
Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion or termination of this Agreement, and; (3) If coverage is canceled or non-
renewed, and not replaced with another claims-made policy with a retroactive date prior to the date
of this Agreement, the Engineer must purchase “extended reporting” coverage for a minimum of
five (5) years after the completion or termination of this Agreement.
9.
J. Special Risks or Circumstances. The City reserves the right to modify these requirements at any
time, including required liability limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
21. Indemnification. The Engineer and the City agree, to the fullest extent permitted by the
law, that they shall indemnify and hold harmless each other and their respective officers, agents
and employees, from liability for damages to third parties, together with costs and expenses,
including reasonable attorney’s fees and expert witness fees, incurred in defending claims by third
parties, to the extent such liability is caused by the negligent or intentional acts, errors, or omissions
of the other, its agents, employees or subcontractors..
22. Compliance. The Engineer shall comply with all applicable Federal, State and local laws.
Engineer shall not discriminate against any subcontractor, employee, or applicant for employment
because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity,
place of birth, crime victim status, age or against a qualified individual with a disability.
23. Assignment. The Engineer shall not assign, sublease, or transfer this Agreement, or any
interest herein or obligation hereunder, directly or indirectly without the prior written consent of
the City. Any attempt to do so without the prior written consent of the City shall be null and void.
Approval or consent to assign or sublet any portion of the work shall in no way relieve the Engineer
of responsibility for the performance of that portion of the work so transferred.
24. Continuing Obligations. The Engineer agrees that if, because of death or other
occurrences, it becomes impossible to effectively perform its services in compliance with this
Agreement, neither the Engineer nor subcontractors nor their surviving members shall be relieved
of their obligations to complete this Agreement. However, the City may terminate this Agreement
if it considers a death or incapacity of any members comprising the Engineer or subcontractor to
be a loss of such magnitude that it would affect the Engineer's ability to satisfactorily execute the
Agreement.
25. Appearances. The Engineer shall provide appropriate representation at design
conferences, public gatherings and hearings, and appearances before any legislative body,
commission, board, or court, to justify, explain and defend its services under this Agreement. The
Engineer shall make available any liaison or representatives that the City deems necessary for the
furtherance of the Project to participate in conferences with the City, at any reasonable time,
concerning interpretation and evaluation of all aspects or matters covered under this Agreement.
The Engineer further agrees to participate in meetings with the City, the State of Vermont, and any
other interested or affected participants, for the purpose of review or resolution of any conflicts
pertaining to the Agreement.
10.
If and when required by the City, the Engineer, or an appropriate representative, shall prepare and
appear as a witness for any litigation concerning any relevant project or related Agreement, on
behalf of the City. The Engineer shall be equitably paid for such services and for any reasonable
expenses incurred in relation thereto.
26. Public Relations. Whenever it is necessary to perform work in the field, particularly with
respect to reconnaissance, the Engineer will endeavor to maintain good relations with the public
and any affected property owners and/or tenants. Personnel employed by or representing the
Engineer and any subcontractors shall conduct themselves with propriety. The Engineer agrees to
inform the City and property owners and/or tenants, in a timely manner, if there is need for entering
upon private property in order to provide the services described in Exhibit A. The Engineer agrees
that any work will be done with minimum damage to the land and disturbance to the affected
property owners and/or tenants. Upon request of the Engineer, the City shall furnish a letter of
introduction to property owners soliciting their cooperation. In no way does this paragraph absolve
the City or the Engineer from obtaining required permissions to enter onto private property as
required by law.
27. Utilities. Whenever a facility or component of a private, public, or cooperatively-owned
utility will be affected by any proposed construction, the Engineer will counsel with the City, plus
achieve any necessary contacts and discussions with the affected owners, regarding any
requirement necessary for revisions or modification of facilities or existing installations, both
above and below ground. The Engineer shall inform the City, in writing, of any such contacts and
the results thereof. Any such installations must be completely and accurately exhibited on any
detail sheets, plans, surveys, diagrams, specifications or similar materials or documents provided
to the City and Engineer shall take all reasonable steps necessary to ensure that such installations
are accurately exhibited.
28. The Agreement Fee. The City shall pay Engineer as full compensation for performance
of all services required under this Agreement on an hourly basis, as set forth below, plus any
expenses for travel or document printing/reproduction that may be incurred during the course of
such performance, in accordance with the Fee Schedules specified in Exhibit A. Hourly rates shall
be provided for the calculation of change orders or additional services should they be required.
The Engineer agrees to pay all subcontractors for their completed services upon receipt of payment
for such services from the City in accordance with Exhibit A.
The total amount to be paid to the Engineer under this Agreement shall not exceed a maximum
limiting amount of two hundred ten thousand dollars and zero cents ($210,000.00), unless
otherwise agreed to by the Parties.
11.
Note that the fee includes a $95,000 estimated sampling allowance for work to be performed by a
vendor. We are unable to determine an exact value for the sampling costs until the survey results
are analyzed and the sampling plan is prepared. We have identified three possible vendors to assist
with the sampling program, such that the most responsive and efficient proposal can be used for
the task. If the sampling expense exceeds the allotted funds, we will work with the City and VT
DEC to develop an acceptable alternative to reduce the sampling scope to fit within the Agreement
Fee stated above.
No approval given or payment made under this Agreement shall be conclusive evidence of the
performance of said Agreement, either wholly or in part, and no payment shall be construed to be
acceptance of defective work.
29. Invoices. Invoices shall be submitted monthly to the City. One original, two (2) copies and
one .pdf are required. All invoices and correspondence shall indicate the Project name, applicable
project Phase and the date. Hard copy invoices shall be submitted to:
Bob Fischer
City of South Burlington
180 Market Street
South Burlington, Vermont 05403
The PDF shall be submitted to the City Project Manager.
30. Contract Administration. The Director of Public Works shall designate a City Project
Manager, who is authorized to:
a) serve as liaison between the City and the Engineer;
b) communicate the City’s position as to satisfactory and complete performance under this
Agreement;
c) monitor and inspect the Engineer's performance to communicate the City’s position as to
acceptable timeliness, quality of any services provided, and compliance with contract
terms;
d) serve as records custodian for this Agreement;
e) communicate the City’s position as to the City’s satisfaction or dissatisfaction with the
Engineer’s performance;
f) furnish timely written notice of the Engineer's performance failures to the City Manager,
as appropriate;
g) prepare required reports;
h) ensure costs billed are allowable in accordance with the contract terms;
i) approve or reject invoices for payment;
12.
j) evaluate and make recommendations regarding proposed key project personnel changes;
k) recommend contract modifications, suspensions or terminations to the City Manager; and
l) issue notices to proceed.
The City Project Manager shall not have authority to alter, modify, or terminate the Agreement.
31. Changes and Amendments. Changes, modifications, or amendments in the terms,
conditions, and fees of this Agreement or any Exhibit shall be written and signed by the duly
authorized representatives of the City and the Engineer.
32. Debarment Certification. The Engineer represents under the penalty of perjury as
directed by Federal laws (48 C.F.R. §52.209-5) that the Engineer or any person associated
therewith in the capacity of owner, partner, director, officer, principal investigator, project director,
manager, auditor, or any position involving the administration of federal funds is not currently
under suspension, debarment, voluntarily exclusion or determination of ineligibility by any Federal
agency, has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past three (3) years, and does not have a proposed debarment pending,
and has not been indicted, convicted, or had a civil judgment rendered against him/her by a court
of competent jurisdiction in any matter involving fraud or official misconduct within the past three
(3) years.
33. Notices. Notices and other communications are to be mailed or hand delivered to:
The City’s Project Manager:
Bob Fischer, Wastewater Superintendent
City of South Burlington
180 Market Street
South Burlington, VT 05403
Phone: (802) 658-7964
bfischer@southburlingtonvt.gov
The Engineer’s Project Manager:
Heidi J. Marshall, Senior Project Manager/Associate
Hoyle, Tanner & Associates, Inc.
150 Dow Street
Manchester, NH 03101
Phone: (603)460-5195
Email: hmarshall@hoyletanner.com
13.
34. Dispute Resolution. Any claim, dispute or other matter in question arising out of or related
to this Agreement shall be subject to mediation as a condition precedent to institution of legal or
equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out
of the Engineer’s services, the Engineer may proceed in accordance with applicable law to comply
with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding
dispute resolution.
The City and Engineer shall endeavor to resolve claims, disputes and other matters in question
between them by mediation as a condition to the filing of a lawsuit, but not including the filing of
liens. A request for mediation shall be made in writing and delivered to the other party to this
Agreement. If the party receiving the request for mediation refuses to participate in mediation or
does not respond to the request for mediation within 21 days, the condition set forth herein shall
be deemed waived and the requesting party entitled to file a lawsuit or take other legal action
without first mediating.
The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held
in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
If the parties do not resolve a dispute through mediation, the method of binding dispute resolution
shall be litigation in a court of competent jurisdiction, unless otherwise agreed.
35. Governing Law, Jurisdiction, Severability. This Agreement and any and all issues
arising hereunder or relating hereto shall be governed and construed according to the laws of the
State of Vermont without reference to principles of conflicts of laws. The Courts of the State of
Vermont shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection
with this Agreement. In the event that one or more components of this Agreement is deemed by a
court of competent jurisdiction to be unenforceable, then it is the intention of the parties that such
component be stricken, and the rest and remainder of the Agreement be enforced in accordance
with the plain meaning of the language of the Agreement as if the stricken component had not ever
been a part hereof.
36. Entire Agreement. The terms and conditions set forth in this Agreement with Exhibits,
constitute the final, complete and exclusive Agreement of the parties. Terms and conditions in this
document shall control if inconsistent with any terms and conditions described in Exhibit A.
14.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first written above.
CITY OF SOUTH BURLINGTON
SOUTH BURLINGTON, VERMONT
Witness:_______________ BY:_______________________________
Duly Authorized
DATE:_____________________________
HOYLE TANNER & ASSOCIATES, INC
MANCHESTER, NEW HAMPSHIRE
Witness:_______________ BY:_______________________________
TITLE:____________________________
DATE:_____________________________
15.
EXHIBIT A
SCOPE OF WORK
The City received a grant through the American Rescue Plan Act (ARPA) grant no. 06140-2023-ARPA-
PT03 on July 26, 2023. The intent of the ARPA grant is to allow the City better control of the discharge
of wastewater pollutants from its industrial users (IUs) into the City’s Publicly Owned Treatment
Works (POTW). The City owns and operates two wastewater treatment facilities (WWTF): Airport
Parkway, design flow of 3.3 MGD which discharges to the Winooski River and Bartlett Bay, design
flow of 1.25 MGD which discharges to Shelburne Bay of Lake Champlain.
The project goals are to improve wastewater quality and minimize industrial waste impacts to the
WWTFs, resulting in reduced impacts to ratepayers. Although not required to develop a formal
Industrial Pretreatment Program (IPP), the City wishes to identify those IUs that contribute non-
domestic wastewater or hauled wastewater to the POTW, develop technically based local limits for
both WWTFs to reduce NPDES permit violations, prevent pass-through which will violate water
quality standards, interfere or upset the WWTFs, cause issues with sludge disposal standards or
cause health and safety concerns for the POTW workers. In addition, the City wishes to update its
Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems
(SUO).
The Scope of work includes: conducting an Industrial User Survey, developing Technically based local
limits and revising the City’s SUO. (Additionally, the City wishes to incorporate parallel requirements
from the City’s NPDES Permits with the elements included in the ARPA grant.) The Scope of services
to be provided is as follows:
SCOPE OF SERVICES
The Engineer will:
Task 1.0 Conduct an Industrial Waste Survey (IUS)
1.1 Create a plan to implement an IUS which will identify non-domestic (industrial and
commercial) users that discharge to the POTW.
1.2 Obtain and review the City’s existing database files relative to known businesses
connected or, suspected to be connected to the POTW. The database sources may
include:
• Water and sewer billing records
• Large water user records
• City business license records such as liquor licenses
• Applications for sewer service or industrial permits
• Local business directories
• Chamber of Commerce records
• Planning & Zoning Department records
• GIS maps and Assessor records AND
• City staff knowledge
• Online searches to identify additional industrial and commercial businesses
• Federal and State and local regulatory environmental databases
16.
1.3 Develop a Master List of Industrial Users
1.3.1 Create a preliminary ExcelR spreadsheet file by merging all the industrial
and commercial businesses (IUs) gathered information, including business
name, telephone no., street location, web address and other pertinent
information from the Task 1.2 sources. The spreadsheet file will be used as
the preliminary Master List.
1.3.2 Conduct a telephone campaign to obtain current contact information for
businesses. The contact information will include, at a minimum, the Owner
or Manager’s name and email address for distribution of future Phase 1 and
2 Survey Questionnaires.
1.3.3 Conduct a one or two (if needed) 8 - hour day two-person City-wide
Windshield Survey to capture any additional businesses not previously
identified from the Task 1.2 sources. The City’s GIS and street maps will be
used for this effort.
1.4 Develop Surveys, Distribute and Follow up
1.4.1 Prior to issuing any surveys, we recommend that the City provide public
outreach that emphasizes the importance of responding to the survey. We
will assist the City with development of a public notice for this purpose.
Although not preferred, part of the public notice should reference the legal
basis for requiring respondents to provide their information.
1.4.2 Prepare a general Phase 1 Survey Questionnaire with an accompanying
cover letter and instructions for completion. The Survey will be prepared
electronically, on paper, and also direct the respondents to a Survey
MonkeyR link for submittal that explains the intent and need of the
requested information. We have found that providing multiple formats for
response provides the best option to acquire data.
1.4.3 Issue a Phase 1 Survey to all identified industrial and non-domestic
wastewater discharging commercial IUs. The Phase 1 Survey will request
general information such as:
i. The exact name of the industry
ii. A contact person and their email address
iii. The address of the facility
iv. The industrial user’s Standard Industrial Classification (SIC) number
v. The industrial user’s North American Industry Classification System
(NAICS) number
vi. The measured or estimated wastewater flow and water consumption
data
17.
vii. The types of concentrations known or expected to be in the
wastewater discharge (with emphasis on identification of those that
are expected to contribute copper)
viii. The major products manufactured, or services supplied, and
amounts produced
ix. A description of existing onsite pretreatment or Pollution Prevention
practices
x. The location of all discharge points into the City’s sanitary collection
system
xi. List of all raw material and chemicals stored at the site
xii. Flow diagrams
xiii. Operation, production, and cleanup schedules
xiv. Spill prevention plans
xv. Average daily and maximum daily volume estimates of the process
wastewater
xvi. Listing of environmental permits
1.4.4 Phase 1 Survey Collection, Evaluation and Documentation
Review the returned surveys for completeness and accuracy and to identify
information gaps. Confirmation of when Survey Questionnaires were issued
and returned will be tracked in the Master List spreadsheet. Those IUs that
do not respond will require follow-up action such as an email, telephone call,
or on-site visits.
1.4.5 Develop and Distribute a Phase 2 Survey Questionnaire
Since our experience is that we struggle to receive all of the above
information during the initial survey phase, we will issue a second, more
detailed Phase 2 Survey Questionnaire with an accompanying cover letter,
instructions and examples for completion to businesses that we believe
discharge or have potential to discharge pollutant of concern. Similar to the
phase 1 survey, the Survey will direct the respondents to a Survey Monkey R
link for submittal that explains the intent and need of the requested
information. The Phase 2 Survey will focus on assisting key facilities to
acquire the additional specific detailed information required by the ARPA
grant such as:
• The location of all discharge points into the City’s sanitary collection
system
• List of all raw material and chemicals stored at the site
• Flow diagrams
• Operation, production, and cleanup schedules
• Pollution Prevention practices
• Slug/Spill prevention plans
18.
1.4.6 Survey Questionnaire follow-up
Review the returned surveys for completeness and accuracy and to identify
information gaps. Confirmation of when Survey Questionnaires were issued
and returned will be tracked in the Master List spreadsheet. Those IUs that
do not respond will require follow-up action such as an email, telephone call,
or on-site visits.
Input the survey results in the Master List as to the type, NAICS and SIC
codes, products made and the type and quantities of specific suspected or
know Pollutants of Concern (POC) entering the POTW. A POC is any
pollutant that might be expected to be discharged to the sewer system in
sufficient amounts to pass through or interfere with the treatment works,
contaminate sludge, cause problems in the collection system, or jeopardize
workers.
1.4.7 Conduct follow-up IU onsite visits
Conduct up to eight (8) 1- hour onsite visits, as necessary, primarily at the large
users (or users with POCs of interest), to obtain requested information
whether omitted or not known and to confirm that the information obtained
from the surveys is complete and accurate.
1.5 Classify the IUs based on posed risk to the WWTFs
1.5.1 Classify the IUs according to a classification scheme such as Class 1 – Federal
Categorical and Significant Industrial Users, large industrial users based on
wastewater discharged or contributing organic loading to POTW.
Class 2 – Medium users -those facilities that may not individually impact the
WWTF significantly but do discharge non-domestic wastewater and could
have cumulative impacts as a group.
Class 3 – small industrial/commercial users, restaurants, food/consumables
production facilities, autobody shops, etc. Other classes might include
insignificant IUs which may be defined as those facilities not connected to the
POTW or do not have any reasonable chance of discharging nondomestic
wastewater to the WWTF.
1.5.2 Identify sampling locations at the significant IU facilities. The sampling
locations will be discussed with the IU representatives and City staff to ensure
future access for sampling during the study and for future compliance sample
collection.
19.
1.6 Prepare a Final IUS Memorandum Report
Prepare a final memo report in electronic format with the IUS results. The report
will be submitted to the City and VT DEC for review and approval. The report will
include: Sources used to compile the Master List, methods used for the Survey,
copies of the questionnaires and cover letters, a description of follow-up action and
the Master List indicating which IUs were eliminated from the survey and the
criteria used to eliminate them, and a summary of the Survey results including
known or suspected pollutants to be discharged from each IU.
Task 2.0 Develop Technically Based Local Limits
2.1 Create a plan for a Technically Based Local limits Study
2.1.1 Review the City’s WWTF’s monthly operating reports, sludge sampling, hauled
waste report, toxicity tests and the pollutant database to gather background
information on the type and quantity of pollutants reaching the WWTFs.
2.1.2 Review available IUs self-monitoring reports to determine Pollutant of
Concern (POC).
2.1.3 Conduct a one (1) day onsite interview with the WWTF personnel to identify
instances of pass-through or interference and collection system and worker
health and safety issues over the last three years for both WWTFs. Should
the City’s existing pollutant database for influent, effluent, hauled waste,
domestic sources or sludge processing area need to be supplemented, the
City will identify the potential sampling locations at each WWTF that are
available at this time.
2.2 Develop Screening & Sampling Plans
2.2.1 Develop a Screening Plan for each WWTF (two (2)) to reduce the number of
samples collected during a full local limits Sampling Plan for pollutants that
are not POCs. A priority pollutant screening will be conducted at each
WWTF. The Screening Plan will identify the pollutant parameter, number,
types, and locations of samples to be collected at each WWTF’s influent and
effluent, hauled waste and sludge sites. The detention time through the
WWTFs will be considered. All samples will be collected and analyzed in
accordance with 40 CFR Part 136 using the lowest possible detection levels.
POCs that meet the US EPA environmental screening criteria will be kept as
POCs and remain for inclusion in the full Sampling Plan. The Screening Plan
will be submitted for review and approval to the City and the VT DEC prior
to undertaking the work. A contract laboratory acceptable to the City will be
used for all sample collection and analysis.
20.
2.2.2 Develop a full Sampling plan for each WWTF (two (2)). Those POCs that
meet certain environmental criteria thresholds will remain as a POC for the
Full Sampling Plan. The plan will identify the POC, number, types, and
locations of samples to be collected at each WWTF’s influent and effluent,
sludge, hauled waste, sludge and domestic wastewater only locations in the
collection system. All samples will be collected and analyzed in accordance
with 40 CFR Part 136 using the lowest possible detection levels.
2.3 Coordinate Sampling
Coordinate the sampling and analysis for the Screening and the full Sampling plan with
the contract laboratory. Obtain a quote for services from a contract laboratory on
behalf of the City. The Engineer will be available to provide technical assistance to the
City during the Screening and full Sampling and analysis program.
2.4 Calculate the Maximum Allowable Headworks Loading (MAHL) and the Maximum
Allowable Industrial Loading (MAIL)
2.4.1 Once the analytical data is received from the laboratory, check the data using
the QA/QC procedures developed in the Screening & Sampling Plans. The data
will then be reduced into a consistent electronic format for calculation of
removal efficiencies for each POC. With the City staff input, the Engineer will
determine the protocol to use should non-detect data be collected for a POC.
2.4.2 Calculate a MAHL for each POC using a spreadsheet format and the US EPA’s
Local Limit Development Guidance, July 2004 formulas. The MAHL will then
subtract an appropriate factor of safety for growth in the City and allow for a
buffer from the loading, account for domestic user and any hauled waste
loadings, and determine the remaining loading of each pollutant to be
allocated to the IUs, known as the MAIL.
2.4.3 Compared the calculated MAHL to influent POC loads to determine if a local
limit or a Maximum Allowable Industrial Loading (MAIL) should be
implemented to control the POCs reaching each WWTF.
2.5 Prepare Final Local Limits Memorandum Report for City and VT DEC
Prepare and submit a technically based Local Limits package for the City and VT
DEC review and approval by electronic file. The submittal package will include
background information on the POTW service area, historical instances of pass-
through or interference at the WWTFs, environmental criteria limitations, a
description of the Screening and Sampling Plans and the results, MAHL and MAIL
calculations and the method used for developing proposed local limits. A
recommendation will be made as to the best method of allocating the MAIL to the
City’s users.
21.
Task 3.0 Revise the Sewer Use Ordinance
3.1 Develop a schedule for revising Sewer Use Ordinance (SUO)
Develop a schedule that is acceptable to the City for review of recommended SUO
revisions. The schedule will also allow for public outreach and City and VT DEC
public comment periods.
3.2 Prepare written proposed revisions to the SUO
Using Word R track changes, revise the SUO to support the development of the IUS
and the local limits.
3.3 Submit the proposed SUO revisions to the City for City Council review
3.3.1 Submit proposed revisions to the City for review and forwarding to the City
Council. These revisions will be limited to local limit-related items only. The
document provided will highlight Sections or clauses of the SUO that are
recommended to be revised.
3.3.2 Revise the SUO as necessary and submit the City Council’s accepted changes
to the City for submission to VT DEC for approval and public comment.
3.3.4 Support the City with up to five (5) written responses to comments received
during the public comment period.
3.4 Provide proof of adoption of SUO revisions to VT DEC
3.4.1 Revised the SUO based on comments from the VT DEC.
3.4.2 Submit revisions based on VT DEC to the City for Council and City’s final
adoption.
3.4.3 Submit proof of adoption of SUO revisions to the VT DEC.
The Owner’s attorneys will need to review and approve any suggested revisions to the SUO at the
Owner’s expense.
Task 4.0 Attend Public Participation Event
Assist the City during one (1) public meeting to be held during the development of the local limits
and the SUO revisions. This meeting will provide a formal channel for public input and help establish
a good relationship with local industries and involve environmental groups in a constructive manner.
The City will prepare public notices through means such as the City’s website and local newspapers.
22.
Task 5.0 Meetings
5.1 Meet with the City to refine the scope and soft kick off the project.
5.2 Meet Virtually with the City and VT DEC to fulfill the required quarterly meeting
criteria for the time period of October 1, 2023 to October 5, 2026.
5.3 Meet Virtually with the City as needed (estimated at 3 per year) to discuss findings,
seek additional information, and/or to coordinate progress events.
Task 6.0 ARPA Deliverables
6.1 Prepare ARPA Deliverable Memos per the Required ARPA Milestones, documenting
progress for ARPA deliverables.
6.2 Hoyle Tanner Internal QA/QC.
Schedule
Elements noted above will be performed in a manner consistent with the ARPA grant Milestone
deliverable schedule. Elements outside of Hoyle Tanner control that impact the schedule will be
identified to the City and coordinated with VT DEC for appropriate extensions. Per the original
grant agreement, there are milestones identified that do not align with typical program
development order. Hoyle Tanner suggests that the City prepare a request for
extensions/milestone date revisions for those elements discussed during the scoping/soft project
kick off meeting.
Fee Schedule (Estimated)
Task 1 $ 43,192
Task 2 $ 29,435
Task 3 $ 8,355
Task 4 $ 2,050
Task 5 $ 18,118
Task 6 $ 12.633
Expenses $ 1,217
Estimated Lab Fees $ 95,000
Not-to-Exceed Total $210,000
23.
24.
EXHIBIT B
APPROVED SUBCONTRACTORS
Subcontractors. The following subcontractors, identified in the Proposal for Industrial User Survey,
attached hereto as Exhibit A, are approved by the City:
Name
Subcontractor Name: Endyne, Inc.
Contact Person: Rod Lamothe, Vice President
Address 1: 160 James Brown Dr.
Address 2: Williston, VT 05495
Description of Service: Sample Collection and Analytical Laboratory Services
Subcontractor Name: Adirondack Environmental Services, Inc.
Contact Person: Michael J. Wilsey, Director of Operations, (518)265-6958
Address 1: 314 N. Pearl Street
Address 2: Albany, NY 12207
Description of Service: Sample Collection and Analytical Laboratory Services
Subcontractor Name: Eastern Analytical, Inc.
Contact Person: Jeff Gagne, Field Services Manager (603)228-0525
Address 1: 51 Antrim Avenue
Address 2: Concord, NH 03301
Description of Service: Sample Collection and Analytical Laboratory Services
Planning and Final Design Loans
AT-A-GLANCE
LOCAL APPROVAL
Required: Governing board authorization
TERMS AND RATES
Term: 5 to 15 years
(depending on loan value)
Interest Rate: 0.00%
Funding Cap: None
REPAYMENT SCHEDULE
Planning loans are rolled into the construction
loan, or begin repayment five years following
completion of the relevant engineering
documents or the last loan disbursement,
whichever occurs first.
Construction Loan
AT-A-GLANCE
LOCAL APPROVAL
Required: Positive bond vote on the total
project cost
TERMS AND RATES
Term: up to 30 years
Admin Fee: 2.00% Municipal, 2.75% Private
Funding Cap: Possible, depending on the number
and value of projects seeking funding
REPAYMENT SCHEDULE
Repayment begins one year following final project
completion.
Water Infrastructure
FINANCING PROGRAMS
CLEAN WATER STATE REVOLVING FUND (CWSRF)Loan Program
6 Planning and Final Design Loans
6 Construction Loans
Eligible Organizations
6 Municipalities
6 Privately owned wastewater or
stormwater systems
Eligible Projects
Nearly all clean water (wastewater and stormwater)
projects that are federally eligible may be funded.
Examples of eligible projects include, but not limited
to:
6 Wastewater collection system and treatment
facility construction, upgrade, or refurbishment
projects including septage receiving and sludge
handling projects and phosphorus removal
projects
6 Water and energy efficiency or environmentally
innovative projects
6 Combined sewer overflow elimination
6 Stormwater treatment and green infrastructure
6 Community decentralized wastewater disposal
systems
6 Non-point source pollution preventionincluding Natural Resources Projects
6 Sewer extensions (including dry weather flow
projects to abate pollution)
6 Contaminated sites
Program Eligibility Guidelines
6 Project must address public health or
environmental risk
6 Projects must apply to be on the annual project
priority list. Applications are due Winter of each
year
For additional information on the Clean Water
State Revolving Fund (CWSRF) Loan Programs,
please contact:
TOM BROWN
(802)622 4205
thomas.brown@vermont.gov
WATER INVESTMENT DIVISIONWater Infrastructure
FINANCING PROGRAMS
WHAT CAN BE FUNDED?WHO IS ELIGIBLE?TERMS CONTACT
Clean Water
State Revolving
Fund (CWSRF)
Planning, design and construction of
wastewater and stormwater facilities
Municipalities and privately-
owned wastewater and
stormwater systems
Up to 30 years/2%
Tom Brown
802 622 4205
thomas.brown@vermont.gov
Drinking Water
State Revolving
Fund (DWSRF)
Planning, design and construction of
public water system improvements to
comply with drinking water standards
and protect public health
Municipalities and certain
privately-owned public
water systems
20 years/3%
Disadvantaged
System: Up to 30
years/3% to 0% +
principal forgiveness
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
Water Planning Loan Program (WPL)
Feasibility studies, preliminary
engineering and final design se vices
related to drinking water systems
Municipalities, privately-
owned, non-profit community
water systems
5 years/0%
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
Water Source
Protection Loan
Program (WSP)
Purchase of land or conservation
easements to protect public water
sources Municipalities 20 years/3%
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
Vermont Only
Clean Water
Loan
Planning or construction for
wastewater treatment or stormwater
treatment facilities and collection
systems
Municipalities or municipally
sponsored privately-owned
systems, designated for
projects not eligible under
the CWSRF Program
20 years/2%
Vermont Only Drinking Water Loan
Design, land acquisition, construction
of water supply when disconnected
involuntarily from public water supply Municipalities
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
On-Site Loan
Program
Repair or replacement of failed
wastewater disposal systems and
potable water supplies
15 years/3%
Vermont
Pollution
Control Grants
Municipalities, funding is
subject to legislative
approval
Grant ranges from
25% to 50% of
total project cost
Unsafe Dam
Revolving Loan
Fund
Reconstruction, repair, or removal of
a dam to make it safe, the dam must
be determined to be unsafe
Municipalities, private
individuals, non-profit
Loan: 10 years/2%;
Grant: 25% if dam
is removed
Ben Green
802 490 6229
benjamin.green@vermont.gov
Water Infrastructure Sponsorship Program (WISPr)
Protect, conserve, or restore natural
resources, including the acquisition of
easements and land for the purpose of
providing water quality benefit
Municipalities, private non-
profit organization
Ethan Swift
802 490 6141
Ethan.Swift@vermont.gov
Tom Brown
802 622 4205
thomas.brown@vermont.gov
20 years/3%
Disadvantaged
System: Up to 30
years/3% to 0% +
principal forgiveness
Certain residences, income
less than 200% of State
median, denied bank
financing
Chris Rottler
802 461 6051
chris.rottler@vermont.gov
Tom Brown
802 622 4205
thomas.brown@vermont.gov
Lynnette Claudon
802 490 6226
lynnette.claudon@vermont.gov
Based on a grant formula in EPR
Chapter 2 using priority points from
technical and affordability
categories
Funding for engineering feasibility
studies for developing public
wastewater infrastructure.
Municipalities without public
water or sewer, funding
availability is subject to
legislative appropriations.
Repayment, if any,
required only if
project goes to
construction
Project forgiven over
life of municipal loan
in reduced
administrative fee
Engineering Planning Advance
Water Infrastructure Financing Programs Form (revised: 6/12/2023, vers. 1.14)Page 1 of 12
VERMONT WATER & WASTEWATER REVOLVING LOAN FUNDS
State Revolving Loan Programs
FUNDING APPLICATION
IMPORTANT: Please select the Type of Entity and Loan Type(s) before completing the application. This information is used to set up the rest of the form.
This form MUST be completed electronically, handwritten applications will not be accepted.
Select the Type of Entity this application is for:
Municipality, Fire District, or other similar entity
Homeowners Association, LLC, Proprietorship, 501(c)3 Non-Profit, or other similar entity
LOAN TYPE
This section may be completed by engineer or applicant
This loan will be used for (select all that apply):
Step I Drinking Water Loan (Feasibility & Planning)
Step II Drinking Water Loan (Final Design)
Step III Drinking Water Loan (Construction)
Drinking Water Loan Amendment
Municipal Source Water Protection Loan
Step I Clean Water Loan (Feasibility & Planning)
Step II Clean Water Loan (Final Design)
Step III Clean Water Loan (Construction)
Clean Water Loan Amendment
A draft Engineering Services Agreement (ESA) must be submitted via ANR Online. Do not submit a draft ESA with this loan application.
Pollution Control or ARPA Grant
CWSRF Interim Financing
HPY-E9Y7-NC7QH
ANR Online Submission ID from the "Engineering Services Agreement Review and Approval" form:
APPLICANT INFORMATION
This section may be completed by engineer or applicant
LOAN APPLICANT
City of South Burlington
SYSTEM NAME
South Burlington Wastewater System
WSID NUMBER
MAILING ADDRESS
180 Market Street
TOWN
South Burlington
STATE
VT
ZIP+4
05403
PHONE
(802) 846-4107
DATE OF APPLICATION
Nov 6, 2023
TAX IDCELL PHONE
WASTEWATER PERMIT NUMBER
VT0100366
SAM UNIQUE ENTITY ID
-
CONTACT PERSON - AUTHORIZED REPRESENTATIVE
This section may be completed by engineer or applicant
All authorized representatives and any alternate authorized representatives must be members of the owner’s
governing body or direct employees of the owner and may not be independent contractors working for the owner.
Page 2 of 12
CONTACT NAME
Thomas DiPietro
TITLE
Director of Public Works
MAILING ADDRESS
104 Landfill Road
TOWN
South Burlington
STATE
VT
ZIP
05403
PHONE
1-802-658-7961 x 6101
EMAIL ADDRESS
tdipietro@southburlingtonvt.gov
CELL PHONE
ALTERNATE AUTHORIZED REPRESENTATIVE(S) (At least one Alternate Authorized Representative is Required)
This section may be completed by engineer or applicant
AUTHORIZED REPRESENTATIVE NAME
Jessie Baker
TITLE
City Manager
MAILING ADDRESS
180 Market Street
TOWN
South Burlington
STATE
VT
ZIP
05403
PHONE
802-846-4100
EMAIL ADDRESS
jbaker@southburlingtonvt.gov
CELL PHONE
Add Alternate Representative
ENGINEERING FIRM & REPRESENTATIVE (or Legal Firm and Attorney's Name if this is a Source Protection Loan)
This section may be completed by engineer or applicant
FIRM NAME
Aldrich + Elliott PC
CONTACT NAME
Wayne Elliott
MAILING ADDRESS
6 Marketplace Suite 2
TOWN
Essex
STATE
VT
ZIP
05452
PHONE
(802) 879-7733 X103
EMAIL ADDRESS
welliott@aeengineers.com
CELL PHONE
LOAN REQUEST
This section may be completed by engineer or applicant
Project Title: Airport Parkway WWTF Solids Upgrades
Total amount requested for this loan: $ 124,100.00
Total projected project cost: $ 2,248,000.00
Please enter details of costs not included in the Engineering Services Agreement that the requested loan amount will cover:
This Step 2 application includes engineering ($119,100), legal ($2,500) and permit fees ($2,500) for a total amount requested
of $124,100.
Please describe the source(s) of the additional funding needed to cover the difference between the amount requested for this
loan and the total projected project cost:
This application is only for the Step 2 planning.
Page 3 of 12
Please describe the history of the project:
The City passed a bond vote on this project on Town Meeting Day in March 2023 which also included the Bartlett's Bay WWTF
and pump stations.
Please describe who will benefit from the proposed project:
The South Burlington sewer customers.
Do current and potential customers have alternative sources of water and is the proposed project the best and most cost-
effective alternative?
N/A
Please provide a description of the project as it relates to this loan. Include specifications and materials used, water sources,
and treatment facilities (attach sheets if necessary):
This project includes the addition of a fourth primary clarifier with sludge waste pump and modifications to the sludge blend
tank.
Please include estimated or actual project cost summary/estimate of probable project costs.
SITE INFORMATION
This section may be completed by engineer or applicant
An attorney's legal opinion may be required regarding the site or sites where the project will be located.
The Facilities Engineering Division's Construction Section will make this determination for the project.
Do you own all land or possess all the easements or rights-of-ways for project sites?
Yes No
ESTIMATED PROJECT SCHEDULE
This section should be completed by the engineer
Estimated Project Initiation Date: Nov 10, 2023
Estimated Project Completion Date: Apr 26, 2024
REVENUES
This section should be completed by the applicant
What is the Applicant's fiscal year? State Fiscal Year
User Rate Revenue Table
Current FY - 2 Current FY - 1
Current FY
(estimated)
Current FY + 1
(estimated)
Current FY + 2
(estimated)
Amount Billed $3,900,000 $3,783,418 $4,113,150 $4,200,000 $4,250,000
Amount Collected $3,753,234 $3,761,917 $4,100,000 $4,150,000 $4,200,000
Amount Uncollected/Outstanding $50,000 $50,000 $13,150 $21,500 $146,765
Page 4 of 12
Estimated Amount of Commercial Revenue
Does the system use tax revenue to support any utility related activities, including capital projects?
Yes No
Will taxes or fees need to be adjusted based on the proposed project?
Yes No
WATER FEE BASIS & RATES (only applicable to public community water systems)
This section may be completed by engineer or applicant
What is your current method to assess water fees (check the description that most closely matches your methods)?
Metered/Variable Rate - Rates are based on a metered rate (flow rate) in addition to a fixed rate (base rate).
Unmetered Flat Rate - Customers are charged a flat rate that does not vary based on flow.
Both Metered & Unmetered - There is a combination of metered and unmetered customers.
Property Tax Based - Rates are based on property taxes.
Total amount of water used last year by commercial, industrial, and institutional connections (gal or cuft):
Calculate Equivalent Residential Units (ERUs) by dividing the number above by 76,650 gal or 10,240 cuft.:
Total Equivalent Residential Connections (ERUs) --> 0
Total Number of Residential Connections:
(multi-unit connections count as more than 1, for example, a duplex counts as 2 and a 10 unit apartment Building counts as 10)
EXPENDITURES / SYSTEM OPERATION & MAINTENANCE EXPENSES
This section should be completed by the applicant
Current Fiscal Year O&M Costs (exclusive of debt and reserve fund payments): $4,892,085
Post Project Fiscal Year O&M Costs (exclusive of debt and reserve fund payments): $5,000,000
Please attach a copy of your actual YTD revenue and expenses, and projected budget.
EXPENDITURES / SYSTEM DEBT
This section should be completed by the applicant
What is the applicant's total long-term outstanding debt? $9,512,814
What is the applicant's total annual long-term debt payment? $1,081,518
Direct Debt
Current FY Current FY + 4 Current FY + 5
Total Payment $1,081,518 $1,081,518 $1,081,518
Current FY + 3
$1,081,518
Current FY + 2
$1,081,518
Current FY + 1
$1,081,518
Long-Term Debt Schedule
Purpose of Long-Term Debt
Direct or
Self-Supporting
Year of
Maturity
$ Amount
Outstanding
Airport Parkway WWTF Self-Supporting $7,915,1752033
Page 5 of 12
Hadley Road Pump Station Self-Supporting $1,597,6392041
Add Another Long-Term Debt
Total As of --> $9,512,814
Yes No
Does the Applicant have any future borrowing plans over the next 5 years?
Are there other capital projects in the near term (5 years)?
Yes No
Does the Applicant have an annual or cumulative deficit?
Yes No
Does the Applicant intend to increase user's fees/charges to pay for this debt service:
Yes No
Does the Applicant anticipate an increase in revenues as a result of these improvements?
Yes No
Does the Applicant anticipate a reduction in operating expenses as a result of these improvements?
Yes No
What are the economic trends in your service area - jobs, population increases/decreases, housing starts, property values, etc.? For
Mobile Home Parks, please provide an occupancy history for the past five (5) years.
Jobs and population are increasing in South Burlington.
List any current or potential connections using greater than 5% of demand or provide a general description of service area.
SYSTEM RESERVE FUNDS
This section should be completed by the applicant
Does the Applicant have any reserve funds?
Yes No
Is the Applicant actively contributing to reserve funds in accordance with a short-term Asset Replacement Table (START)?
Yes No
What does the Applicant do with surpluses, if any?
Move to reserve fund.
Reserve Funds
Current FY Current FY + 1 Current FY + 2 Current FY + 3 Current FY + 4
Amount Available $2,837,255 $1,800,000 $1,000,000 $1,000,000 $1,000,000
Page 6 of 12
Financial Documentation & Controls
This section should be completed by the applicant
Has anything occurred since the date of your last annual financial report or financial statement that would have a significantly
negative effect on your revenues, expenditures, or ability to pay future debt service?
Yes No
Did the Applicant have more than one budget defeat in the last two years?
Yes No
Does the Applicant have any pending litigation in excess of $10,000 on the system and/or the municipality?
Yes No
Does the Applicant offer a retirement plan to its employees (including VMERS)?
Yes No
If the Applicant has its own retirement plan separate from VMERS, does it have any unfunded pension liabilities?
Yes No
Describe the Applicant's budget control system. Does the Applicant use multi-year forecasting or interim (quarterly or
monthly) financial reports to monitor your status?
The City uses monthly financial reports to monitor budget status. We also provide quarterly reports to City council.
Are all account records currently maintained for:
Checkbook Yes No Don't Know By Whom:Treasurer
Comments:
Receipts Yes No Don't Know By Whom: Finance Director
Comments:
Disbursements Yes No Don't Know By Whom: Finance Director
Comments:
Deposit Slips Yes No Don't Know By Whom: Finance Assistant
Comments:
Page 7 of 12
Are bank statements reconciled on a regular basis?
Yes No Don't Know By Whom: Finance Director
Comments:
Are bank accounts and ledger balances reconciled on a monthly basis?
Yes No Don't Know By Whom: Finance Director
Comments:
Are financial records maintained in a computerized system?
Yes No Don't Know By Whom: Finance Director
Comments:
The city utilize NEMRC financial software
Are any financial records maintained in manual form?
Yes No Don't Know By Whom:
Comments:
Does the applicant maintain separate reporting for this utility?
Yes No Don't Know By Whom:
Comments:
Utilities billing and collection is done by the Champlain Water District (CWD). Reporting related to billing and collection of
usage fees is done by CWD
Does someone other than the treasurer receive unopened bank statements and review bank reconciliations?
Yes No Don't Know By Whom: Finance Assistant
Comments:
Does the same individual open the mail and deposit checks?
By Whom: Varies
Comments:
Yes No Don't Know
Page 8 of 12
Does the organization receive payments in cash?
Yes No Don't Know By Whom:
Comments:
The wastewater division does not receive cash payments for anything, but other City departments (e.g. clerks office, DPW) do
accept cash payments.
Does the Applicant have pre-numbered receipt books for cash payments?
Yes No Don't Know By Whom: Varies
Comments:
Are checks always written to specified payees and not to cash?
Yes No Don't Know By Whom: City of South Burlington
Comments:
Are pre-numbered checks used for all bank accounts?
Yes No Don't Know By Whom:
Comments:
Are checks written by the same individual who approves payments?
Yes No Don't Know By Whom:
Comments:
Have there been any changes in authorized signatures during the fiscal year?
Yes No Don't Know By Whom:
Comments:
The treasurer left employment with the city in December 2022, the assistance treasurer became the treasurer and a new
assistance treasurer was appointed.
Has a signature stamp ever been used for any account?
Yes No Don't Know By Whom:
Comments:
Page 9 of 12
Is the organization professionally audited by a CPA?
Yes No Don't Know By Whom: RHR Smith & Company CPA’s
Comments:
Does the Authorized Representative assist in the audit planning process?
By Whom:
Comments:
Yes No Don't Know
Is a specific individual responsible for correcting audit findings?
Yes No Don't Know By Whom: Finance Director
Comments:
Monthly financial reports are provided to City Council
Are regular financial reports prepared for the board?
By Whom:
Comments:
Yes No Don't Know
Are budget to actual reports prepared for each department?
Don't KnowNoYes By Whom: Finance Director
Comments:
Has the Authorized Representative borrowed money from the utility?
Yes No Don't Know By Whom:
Comments:
Has the organization had a theft, embezzlement or wire fraud in the last 5 years?
Yes No Don't Know By Whom:
Comments:
Has the Treasurer or CFO participated in any business which does business with the system/utility?
Page 10 of 12
Yes No Don't Know By Whom:
Comments:
Does the Applicant loan money to employees?
By Whom:
Comments:
Yes No Don't Know
Have board members attended financial trainings?
Yes No Don't Know By Whom: City Council
Comments:
Has the Treasurer/CFO attended trainings on recordkeeping?
Yes No Don't Know By Whom:Treasurer
Comments:
The city has approved financial policies.
Does the Applicant have written financial policies and procedures?
By Whom:
Comments:
Yes No Don't Know
Does each employee have copies of these policies and procedures?
Yes No Don't Know By Whom:
Comments:
Financial policies are made available to Department Heads
KEY PERSONNEL
Please list the names and qualifications of the following key personnel including areas of expertise, years of experience in
similar programmatic work, years at current position, and/or any relevant qualifications.
Please include all personnel related to the loan. Authorized Rep, Alternative Authorized Rep(s), Clerk, Board Members, Financial Manager, etc.
Failure to include all key personnel will result in the application being considered incomplete.
NAME
Thomas DiPietro
POSITION (select from the list or enter another value)
Director of Public Works
QUALIFICATIONS:
17+ years of with the City of South Burlington working in various roles related to water quality and project management.
Page 11 of 12
NAME
Jessie Baker
POSITION (select from the list or enter another value)
City Manager
QUALIFICATIONS:
City manager of South Burlington for 2+ years, and City Manager in Winooski prior to South Burlington.
NAME
Martha Machar
POSITION (select from the list or enter another value)
Finance Director
QUALIFICATIONS:
7+ years working in South Burlington Finance Department and served as finance director for 1+ years.
Add Another Key Person
ADDITIONAL COMMENTS
Provide any additional comments for your application here:
Page 12 of 12
Certification
Authorization Date:Nov 6, 2023
REPRESENTATIVE SIGNATURE PRINT NAME
Helen Riehle
REPRESENTATIVE SIGNATURE PRINT NAME
Meaghan Emery
REPRESENTATIVE SIGNATURE PRINT NAME
Tim Barritt
REPRESENTATIVE SIGNATURE PRINT NAME
Andrew Chalnick
REPRESENTATIVE SIGNATURE PRINT NAME
Larry Kupferman
Authorized Representative Certification
Authorized Representative Signature Date:
SIGNATURE OF AUTHORIZED REPRESENTATIVE PRINT NAME
Thomas DiPietro
Submit completed application and all attachments via the ANR Online website at:
https://anronline.vermont.gov/?formtag=SRFLoanIntake
Planning and Final Design Loans
AT-A-GLANCE
LOCAL APPROVAL
Required: Governing board authorization
TERMS AND RATES
Term: 5 to 15 years
(depending on loan value)
Interest Rate: 0.00%
Funding Cap: None
REPAYMENT SCHEDULE
Planning loans are rolled into the construction
loan, or begin repayment five years following
completion of the relevant engineering
documents or the last loan disbursement,
whichever occurs first.
Construction Loan
AT-A-GLANCE
LOCAL APPROVAL
Required: Positive bond vote on the total
project cost
TERMS AND RATES
Term: up to 30 years
Admin Fee: 2.00% Municipal, 2.75% Private
Funding Cap: Possible, depending on the number
and value of projects seeking funding
REPAYMENT SCHEDULE
Repayment begins one year following final project
completion.
Water Infrastructure
FINANCING PROGRAMS
CLEAN WATER STATE REVOLVING FUND (CWSRF)Loan Program
6 Planning and Final Design Loans
6 Construction Loans
Eligible Organizations
6 Municipalities
6 Privately owned wastewater or
stormwater systems
Eligible Projects
Nearly all clean water (wastewater and stormwater)
projects that are federally eligible may be funded.
Examples of eligible projects include, but not limited
to:
6 Wastewater collection system and treatment
facility construction, upgrade, or refurbishment
projects including septage receiving and sludge
handling projects and phosphorus removal
projects
6 Water and energy efficiency or environmentally
innovative projects
6 Combined sewer overflow elimination
6 Stormwater treatment and green infrastructure
6 Community decentralized wastewater disposal
systems
6 Non-point source pollution preventionincluding Natural Resources Projects
6 Sewer extensions (including dry weather flow
projects to abate pollution)
6 Contaminated sites
Program Eligibility Guidelines
6 Project must address public health or
environmental risk
6 Projects must apply to be on the annual project
priority list. Applications are due Winter of each
year
For additional information on the Clean Water
State Revolving Fund (CWSRF) Loan Programs,
please contact:
TOM BROWN
(802)622 4205
thomas.brown@vermont.gov
WATER INVESTMENT DIVISIONWater Infrastructure
FINANCING PROGRAMS
WHAT CAN BE FUNDED?WHO IS ELIGIBLE?TERMS CONTACT
Clean Water
State Revolving
Fund (CWSRF)
Planning, design and construction of
wastewater and stormwater facilities
Municipalities and privately-
owned wastewater and
stormwater systems
Up to 30 years/2%
Tom Brown
802 622 4205
thomas.brown@vermont.gov
Drinking Water
State Revolving
Fund (DWSRF)
Planning, design and construction of
public water system improvements to
comply with drinking water standards
and protect public health
Municipalities and certain
privately-owned public
water systems
20 years/3%
Disadvantaged
System: Up to 30
years/3% to 0% +
principal forgiveness
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
Water Planning Loan Program (WPL)
Feasibility studies, preliminary
engineering and final design se vices
related to drinking water systems
Municipalities, privately-
owned, non-profit community
water systems
5 years/0%
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
Water Source
Protection Loan
Program (WSP)
Purchase of land or conservation
easements to protect public water
sources Municipalities 20 years/3%
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
Vermont Only
Clean Water
Loan
Planning or construction for
wastewater treatment or stormwater
treatment facilities and collection
systems
Municipalities or municipally
sponsored privately-owned
systems, designated for
projects not eligible under
the CWSRF Program
20 years/2%
Vermont Only Drinking Water Loan
Design, land acquisition, construction
of water supply when disconnected
involuntarily from public water supply Municipalities
Amy Galford
802 585 4891
Amy.Galford@vermont.gov
On-Site Loan
Program
Repair or replacement of failed
wastewater disposal systems and
potable water supplies
15 years/3%
Vermont
Pollution
Control Grants
Municipalities, funding is
subject to legislative
approval
Grant ranges from
25% to 50% of
total project cost
Unsafe Dam
Revolving Loan
Fund
Reconstruction, repair, or removal of
a dam to make it safe, the dam must
be determined to be unsafe
Municipalities, private
individuals, non-profit
Loan: 10 years/2%;
Grant: 25% if dam
is removed
Ben Green
802 490 6229
benjamin.green@vermont.gov
Water Infrastructure Sponsorship Program (WISPr)
Protect, conserve, or restore natural
resources, including the acquisition of
easements and land for the purpose of
providing water quality benefit
Municipalities, private non-
profit organization
Ethan Swift
802 490 6141
Ethan.Swift@vermont.gov
Tom Brown
802 622 4205
thomas.brown@vermont.gov
20 years/3%
Disadvantaged
System: Up to 30
years/3% to 0% +
principal forgiveness
Certain residences, income
less than 200% of State
median, denied bank
financing
Chris Rottler
802 461 6051
chris.rottler@vermont.gov
Tom Brown
802 622 4205
thomas.brown@vermont.gov
Lynnette Claudon
802 490 6226
lynnette.claudon@vermont.gov
Based on a grant formula in EPR
Chapter 2 using priority points from
technical and affordability
categories
Funding for engineering feasibility
studies for developing public
wastewater infrastructure.
Municipalities without public
water or sewer, funding
availability is subject to
legislative appropriations.
Repayment, if any,
required only if
project goes to
construction
Project forgiven over
life of municipal loan
in reduced
administrative fee
Engineering Planning Advance
Water Infrastructure Financing Programs Form (revised: 6/12/2023, vers. 1.14)Page 1 of 12
VERMONT WATER & WASTEWATER REVOLVING LOAN FUNDS
State Revolving Loan Programs
FUNDING APPLICATION
IMPORTANT: Please select the Type of Entity and Loan Type(s) before completing the application. This information is used to set up the rest of the form.
This form MUST be completed electronically, handwritten applications will not be accepted.
Select the Type of Entity this application is for:
Municipality, Fire District, or other similar entity
Homeowners Association, LLC, Proprietorship, 501(c)3 Non-Profit, or other similar entity
LOAN TYPE
This section may be completed by engineer or applicant
This loan will be used for (select all that apply):
Step I Drinking Water Loan (Feasibility & Planning)
Step II Drinking Water Loan (Final Design)
Step III Drinking Water Loan (Construction)
Drinking Water Loan Amendment
Municipal Source Water Protection Loan
Step I Clean Water Loan (Feasibility & Planning)
Step II Clean Water Loan (Final Design)
Step III Clean Water Loan (Construction)
Clean Water Loan Amendment
A draft Engineering Services Agreement (ESA) must be submitted via ANR Online. Do not submit a draft ESA with this loan application.
Pollution Control or ARPA Grant
CWSRF Interim Financing
ANR Online Submission ID from the "Engineering Services Agreement Review and Approval" form:
APPLICANT INFORMATION
This section may be completed by engineer or applicant
LOAN APPLICANT
The City of South Burlington
SYSTEM NAME
Bartlett Bay Wastewater Treatment Facility
WSID NUMBER
MAILING ADDRESS
180 Market Street
TOWN
South Burlington
STATE
VT
ZIP+4
05403
PHONE
(802) 846-4107
DATE OF APPLICATION
Oct 24, 2023
TAX IDCELL PHONE
WASTEWATER PERMIT NUMBER
VT0100358
SAM UNIQUE ENTITY ID
-
CONTACT PERSON - AUTHORIZED REPRESENTATIVE
This section may be completed by engineer or applicant
All authorized representatives and any alternate authorized representatives must be members of the owner’s
governing body or direct employees of the owner and may not be independent contractors working for the owner.
Page 2 of 12
CONTACT NAME
Thomas DiPietro
TITLE
Director of Public Works
MAILING ADDRESS
104 Landfill Road
TOWN
South Burlington
STATE
VT
ZIP
05403
PHONE
1-802-658-7961 x 6101
EMAIL ADDRESS
tdipietro@southburlingtonvt.gov
CELL PHONE
ALTERNATE AUTHORIZED REPRESENTATIVE(S) (At least one Alternate Authorized Representative is Required)
This section may be completed by engineer or applicant
AUTHORIZED REPRESENTATIVE NAME
Jessie Baker
TITLE
City Manager
MAILING ADDRESS
180 Market Street
TOWN
South Burlington
STATE
VT
ZIP
05403
PHONE
802-846-4100
EMAIL ADDRESS
jbaker@southburlingtonvt.gov
CELL PHONE
Add Alternate Representative
ENGINEERING FIRM & REPRESENTATIVE (or Legal Firm and Attorney's Name if this is a Source Protection Loan)
This section may be completed by engineer or applicant
FIRM NAME
Hoyle Tanner & Associates
CONTACT NAME
Jon Olin, PE
MAILING ADDRESS
125 College Street, 4th Floor
TOWN
Burlington
STATE
VT
ZIP
05401
PHONE
1-802-489-7364
EMAIL ADDRESS
JOlin@HoyleTanner.com
CELL PHONE
802-578-6914
LOAN REQUEST
This section may be completed by engineer or applicant
Project Title: Bartlett Bay Wastewater Treatment Facility Refurbishment
Total amount requested for this loan: $ 986,800
Total projected project cost: $ 26,169,000
Please enter details of costs not included in the Engineering Services Agreement that the requested loan amount will cover:
Refer to Total Project Cost Summary - Preliminary Engineering Report - 1/30/2023, Part 6, Table 6-34
Please describe the history of the project:
Original construction dates to the early 1950's. The facility was substantially rehabilitated in 1999 and with over 23 years of
service, exceeding its expected 20 year lifespan. In 2019 Hoyle Tanner completed a 20-year Engineering Evaluation to
document existing conditions and make recommendations for refurbishment. The purpose of this design upgrade is to
ensure treatment capacity is maintained through the 20-year planning horizon.
Page 3 of 12
Please describe who will benefit from the proposed project:
The completion of this project will protect the public health of South Burlington, Shelburne, Burlington and Chittenden
County - and maintain water quality in the Shelburne Bay.
Do current and potential customers have alternative sources of water and is the proposed project the best and most cost-
effective alternative?
This project is a WW project and does not provide drinking water. A Step 1 analysis with Preliminary Engineering Report has
been completed, including life-cycle analysis cost comparison including several alternatives. The applicant selected the cost
effective alternative to meet the applicant's needs.
Please provide a description of the project as it relates to this loan. Include specifications and materials used, water sources,
and treatment facilities (attach sheets if necessary):
Refer to Preliminary Engineering Report - 1/30/2023, Part 6:
The recommended alternatives and proposed age-related upgrades for the various project components for the Bartlett Bay
WWTF Upgrade are presented in this section. The project will consist of the construction of a new headworks facility,
biological process modifications to replace aging equipment and improve the existing biological treatment process,
replacement of age-related secondary clarifier equipment, replacement of age-related tertiary treatment and disinfection
equipment, new chemical storage and feed facilities, new solids storage facilities, partial replacement of existing outfall new
operations and maintenance buildings, and overall site improvements
Please include estimated or actual project cost summary/estimate of probable project costs.
SITE INFORMATION
This section may be completed by engineer or applicant
An attorney's legal opinion may be required regarding the site or sites where the project will be located.
The Facilities Engineering Division's Construction Section will make this determination for the project.
Do you own all land or possess all the easements or rights-of-ways for project sites?
Yes No
ESTIMATED PROJECT SCHEDULE
This section should be completed by the engineer
Estimated Project Initiation Date: 9/19/2023
Estimated Project Completion Date: 4/1/2025
REVENUES
This section should be completed by the applicant
What is the Applicant's fiscal year? State Fiscal Year
User Rate Revenue Table
Current FY - 2 Current FY - 1
Current FY
(estimated)
Current FY + 1
(estimated)
Current FY + 2
(estimated)
Amount Billed $3,900,000 $3,783,418 $4,113,150 $4,200,000 $4,250,000
Amount Collected $3,753,234 $3,761,917 $4,100,000 $4,150,000 $4,200,000
Amount Uncollected/Outstanding $50,000 $50,000 $13,150 $21,500 $146,765
Page 4 of 12
Estimated Amount of Commercial Revenue
Does the system use tax revenue to support any utility related activities, including capital projects?
Yes No
Will taxes or fees need to be adjusted based on the proposed project?
Yes No
WATER FEE BASIS & RATES (only applicable to public community water systems)
This section may be completed by engineer or applicant
What is your current method to assess water fees (check the description that most closely matches your methods)?
Metered/Variable Rate - Rates are based on a metered rate (flow rate) in addition to a fixed rate (base rate).
Unmetered Flat Rate - Customers are charged a flat rate that does not vary based on flow.
Both Metered & Unmetered - There is a combination of metered and unmetered customers.
Property Tax Based - Rates are based on property taxes.
Total amount of water used last year by commercial, industrial, and institutional connections (gal or cuft):
Calculate Equivalent Residential Units (ERUs) by dividing the number above by 76,650 gal or 10,240 cuft.:
Total Equivalent Residential Connections (ERUs) --> 0
Total Number of Residential Connections:
(multi-unit connections count as more than 1, for example, a duplex counts as 2 and a 10 unit apartment Building counts as 10)
EXPENDITURES / SYSTEM OPERATION & MAINTENANCE EXPENSES
This section should be completed by the applicant
Current Fiscal Year O&M Costs (exclusive of debt and reserve fund payments): $4,892,085
Post Project Fiscal Year O&M Costs (exclusive of debt and reserve fund payments): $5,000,000
Please attach a copy of your actual YTD revenue and expenses, and projected budget.
EXPENDITURES / SYSTEM DEBT
This section should be completed by the applicant
What is the applicant's total long-term outstanding debt? $9,512,814
What is the applicant's total annual long-term debt payment? $1,081,518
Direct Debt
Current FY Current FY + 4 Current FY + 5
Total Payment $1,081,518 $1,081,518 $1,081,518
Current FY + 3
$1,081,518
Current FY + 2
$1,081,518
Current FY + 1
$1,081,518
Long-Term Debt Schedule
Purpose of Long-Term Debt
Direct or
Self-Supporting
Year of
Maturity
$ Amount
Outstanding
Airport Parkway WWTF Self-Supporting $7,915,1752033
Page 5 of 12
Hadley Road Pump Station Self-Supporting $1,597,6392041
Add Another Long-Term Debt
Total As of --> $9,512,814
Yes No
Does the Applicant have any future borrowing plans over the next 5 years?
Are there other capital projects in the near term (5 years)?
Yes No
Does the Applicant have an annual or cumulative deficit?
Yes No
Does the Applicant intend to increase user's fees/charges to pay for this debt service:
Yes No
Does the Applicant anticipate an increase in revenues as a result of these improvements?
Yes No
Does the Applicant anticipate a reduction in operating expenses as a result of these improvements?
Yes No
What are the economic trends in your service area - jobs, population increases/decreases, housing starts, property values, etc.? For
Mobile Home Parks, please provide an occupancy history for the past five (5) years.
Jobs and population are increasing in South Burlington.
List any current or potential connections using greater than 5% of demand or provide a general description of service area.
SYSTEM RESERVE FUNDS
This section should be completed by the applicant
Does the Applicant have any reserve funds?
Yes No
Is the Applicant actively contributing to reserve funds in accordance with a short-term Asset Replacement Table (START)?
Yes No
What does the Applicant do with surpluses, if any?
Move to reserve fund.
Reserve Funds
Current FY Current FY + 1 Current FY + 2 Current FY + 3 Current FY + 4
Amount Available $2,837,255 $1,800,000 $1,000,000 $1,000,000 $1,000,000
Page 6 of 12
Financial Documentation & Controls
This section should be completed by the applicant
Has anything occurred since the date of your last annual financial report or financial statement that would have a significantly
negative effect on your revenues, expenditures, or ability to pay future debt service?
Yes No
Did the Applicant have more than one budget defeat in the last two years?
Yes No
Does the Applicant have any pending litigation in excess of $10,000 on the system and/or the municipality?
Yes No
Does the Applicant offer a retirement plan to its employees (including VMERS)?
Yes No
If the Applicant has its own retirement plan separate from VMERS, does it have any unfunded pension liabilities?
Yes No
Describe the Applicant's budget control system. Does the Applicant use multi-year forecasting or interim (quarterly or
monthly) financial reports to monitor your status?
The City uses monthly financial reports to monitor budget status. We also provide quarterly reports to City council.
Are all account records currently maintained for:
Checkbook Yes No Don't Know By Whom:Treasurer
Comments:
Receipts Yes No Don't Know By Whom: Finance Director
Comments:
All receipts are recorded by the finance assistant
Disbursements Yes No Don't Know By Whom: Finance Director
Comments:
City council approves all disbursements.
Deposit Slips Yes No Don't Know By Whom: Finance Assistant
Comments:
Page 7 of 12
Are bank statements reconciled on a regular basis?
Yes No Don't Know By Whom: Finance Director
Comments:
Are bank accounts and ledger balances reconciled on a monthly basis?
Yes No Don't Know By Whom: Finance Director
Comments:
Are financial records maintained in a computerized system?
Yes No Don't Know By Whom: Finance Director
Comments:
The City uses NEMRC financial software
Are any financial records maintained in manual form?
Yes No Don't Know By Whom:
Comments:
Does the applicant maintain separate reporting for this utility?
Yes No Don't Know By Whom: Champlain Water District
Comments:
Utilities billing and collection is done by the Champlain Water District (CWD). Reporting related to billing and collection of
usage fees is done by CWD.
Does someone other than the treasurer receive unopened bank statements and review bank reconciliations?
Yes No Don't Know By Whom: Finance Assistant
Comments:
Does the same individual open the mail and deposit checks?
By Whom:
Comments:
Yes No Don't Know
Page 8 of 12
Does the organization receive payments in cash?
Yes No Don't Know By Whom:
Comments:
The wastewater division does not receive cash payments for anything, but other City departments (e.g. clerks office, DPW) do
accept cash payments.
Does the Applicant have pre-numbered receipt books for cash payments?
Yes No Don't Know By Whom: Varies
Comments:
Are checks always written to specified payees and not to cash?
Yes No Don't Know By Whom: City of South Burlington
Comments:
Are pre-numbered checks used for all bank accounts?
Yes No Don't Know By Whom:
Comments:
Are checks written by the same individual who approves payments?
Yes No Don't Know By Whom:
Comments:
Have there been any changes in authorized signatures during the fiscal year?
Yes No Don't Know By Whom:
Comments:
The Treasurer left employment with the City in December 2022, the Assistant Treasurer was appointed Treasurer and a new
Assistant Treasurer was appointed as well.
Has a signature stamp ever been used for any account?
Yes No Don't Know By Whom:
Comments:
Page 9 of 12
Is the organization professionally audited by a CPA?
Yes No Don't Know By Whom: RHR Smith & Company CPA's
Comments:
Does the Authorized Representative assist in the audit planning process?
By Whom:
Comments:
Yes No Don't Know
Is a specific individual responsible for correcting audit findings?
Yes No Don't Know By Whom: Finance Director
Comments:
Department heads prepare quarterly budget narratives for the Council
Are regular financial reports prepared for the board?
By Whom: Finance Director
Comments:
Yes No Don't Know
Are budget to actual reports prepared for each department?
Don't KnowNoYes By Whom: Finance Director
Comments:
Has the Authorized Representative borrowed money from the utility?
Yes No Don't Know By Whom:
Comments:
Has the organization had a theft, embezzlement or wire fraud in the last 5 years?
Yes No Don't Know By Whom:
Comments:
Has the Treasurer or CFO participated in any business which does business with the system/utility?
Page 10 of 12
Yes No Don't Know By Whom:
Comments:
Does the Applicant loan money to employees?
By Whom:
Comments:
Yes No Don't Know
Have board members attended financial trainings?
Yes No Don't Know By Whom: City Council
Comments:
Has the Treasurer/CFO attended trainings on recordkeeping?
Yes No Don't Know By Whom:Treasurer
Comments:
The city has approved financial policies.
Does the Applicant have written financial policies and procedures?
By Whom:
Comments:
Yes No Don't Know
Does each employee have copies of these policies and procedures?
Yes No Don't Know By Whom:
Comments:
Financial policies are made available to Department Heads
KEY PERSONNEL
Please list the names and qualifications of the following key personnel including areas of expertise, years of experience in
similar programmatic work, years at current position, and/or any relevant qualifications.
Please include all personnel related to the loan. Authorized Rep, Alternative Authorized Rep(s), Clerk, Board Members, Financial Manager, etc.
Failure to include all key personnel will result in the application being considered incomplete.
NAME
Thomas DiPietro
POSITION (select from the list or enter another value)
Director of Public Works
QUALIFICATIONS:
17+ years of with the City of South Burlington working in various roles related to water quality and project management.
Page 11 of 12
NAME
Jessie Baker
POSITION (select from the list or enter another value)
City Manager
QUALIFICATIONS:
City manager of South Burlington for 2+ years, and City Manager in Winooski prior to South Burlington.
NAME
Martha Machar
POSITION (select from the list or enter another value)
Finance Director
QUALIFICATIONS:
7+ years working in South Burlington Finance Department and served as finance director for 1+ years.
Add Another Key Person
ADDITIONAL COMMENTS
Provide any additional comments for your application here:
Page 12 of 12
Certification
Authorization Date:
REPRESENTATIVE SIGNATURE PRINT NAME
REPRESENTATIVE SIGNATURE PRINT NAME
REPRESENTATIVE SIGNATURE PRINT NAME
REPRESENTATIVE SIGNATURE PRINT NAME
REPRESENTATIVE SIGNATURE PRINT NAME
Authorized Representative Certification
Authorized Representative Signature Date:
SIGNATURE OF AUTHORIZED REPRESENTATIVE PRINT NAME
Submit completed application and all attachments via the ANR Online website at:
https://anronline.vermont.gov/?formtag=SRFLoanIntake
180 Market Street, South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.southburlingtonvt.gov
Physical Address: 104 Landfill Road, South Burlington, VT 05403
To: South Burlington City Council
From: Tom DiPietro, Director of Public Works
Cc: Jessie Baker, City Manager
Colin McNeil, City Attorney
Bob Fischer, Wastewater Superintendent
Date: October 31, 2023
Re: Interim Plowing and Wastewater Agreement for Spear Meadows
Included with this memo are two agreements related to maintenance of specific infrastructure in the
Spear Meadows Development. Construction of infrastructure in this neighborhood is substantially
complete and will be eligible for City acceptance / ownership after a warranty period (i.e. a period of time
when the infrastructure remains privately owned and before the City will accept ownership, typically 2
years). If executed, these agreements would allow the City to complete specific maintenance tasks for up to
a 3 year term. In the future, when the infrastructure is accepted by City council, it will then be maintained
by the City in the same manner as all similar public infrastructure in the City. These agreements would
terminate since they are no longer necessary.
The first agreement would allow the City to plow roads, sidewalks, and the shared use path in the Spear
Meadows neighborhood. It gives City employees and equipment the right to access the privately owned
transportation infrastructure in the neighborhood. The City would not be responsible for street
maintenance beyond plowing (e.g. filling potholes, repairing sidewalks, etc.), or repairing damage caused
by plowing equipment. In exchange for these services, the owner of this infrastructure agrees to pay the
City a fee to offset the additional costs of plowing.
The second agreement would allow the City to access and maintain the wastewater pump station that
serves Spear Meadows. It would also allow the City to access the gravity sewer lines under the road for the
purpose of maintenance. The City would not be responsible for individual sewer services (i.e. the pipes
from a home and connecting to the gravity sewer main under the road).
Other Vermont communities have made use of agreements of this type, but these agreements would be
new for South Burlington. In the past, the City has provided these same maintenance services in many
cases but has not been provided with certain legal protection or a finite timeline for how long these
services would be provided before the infrastructure becomes public. In some cases, the developer did not
take the necessary steps to complete transfer of this infrastructure to the City and this has resulted in the
City providing on-going maintenance for roads for many years. The Department of Public Works is actively
working to reduce the instances of this across the City. These types of agreements will help us achieve that
goal. The City is under no obligation to renew these agreements if the developer does not complete the
steps necessary for this infrastructure to become public. In that instance, the specific maintenance items
described in the agreements would revert to the property owner.
I recommend that City council approve the attached Plowing Agreement and Wastewater Maintenance
Infrastructure Agreement.
PLOWING AGREEMENT This AGREEMENT is entered into by and between Snyder Construction Company, LLC
(“Developer”) and the CITY OF SOUTH BURLINGTON (“City”) (collectively referred to
herein as “Parties”).
WITNESSETH:
WHEREAS, Developer is in the process of completing the construction of Vale Drive, Elm
Street, Halcyon Lane, and associated sidewalk and shared use path (“Streets”); and
WHEREAS, Developer has filed an Offer of Dedication for the Streets with the City; and
WHEREAS, the City is not yet prepared to contemplate acceptance of the Streets until the
Streets are completed in accordance with City specifications and standards; and
WHEREAS, Developer desires the City to plow the Streets prior to acceptance; and
WHEREAS, the City is willing to plow the Streets prior to acceptance under certain conditions.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Developer and City agree as follows:
1. City agrees to perform winter plowing services on the Streets on an as-needed basis,
consistent with the plowing services provided by the City on all other public streets in
the City of South Burlington.
2. License. Developer hereby grants to the City a license in and over the Streets for
passage by the City’s snowplows and any other equipment needed by the City to plow
the Streets.
3. Non-acceptance. The Developer acknowledges the City’s plowing of the Streets does
not constitute an acceptance of its Dedication, and that the Streets will not be accepted
as public streets until the South Burlington City Council adopts an appropriate
resolution.
4. Maintenance and Repairs. The Developer shall be responsible for all maintenance
and repairs to the Streets, including any necessitated by the City’s plowing of the Streets
until such time as the City accepts the Streets as public streets.
5. Indemnity. The Developer indemnifies and holds the City, its officers, agents and
employees, harmless from any and all liability, loss, damage, claim, cost, expense or
fee, including reasonable attorneys’ fees, resulting from property damage and/or
personal injury due to or arising out of the City’s plowing of the Streets, provided that
such claim, liability, damage, loss or expense is not caused by the gross negligence or
willful misconduct of the City, its officers, agents and employees.
6. Binding Effect. This agreement shall be binding upon the heirs, successors and assigns
of the Developer.
7. Road Condition. The Streets must be maintained in a condition acceptable to the City
that does not risk damage or injury to City equipment or staff. If the City, at its sole
discretion, finds the condition of the Streets unacceptable it will notify Developer in
writing. Developer has 14 calendar days to correct the issue to the City’s satisfaction or
this agreement is effectively terminated. The amount of time provided for correction of
issues can be extended by the City in writing.
8. Parking. Parking on the Streets shall be prohibited between 12 o’clock midnight and
8’o’clock a.m. each day during the fourth (4)-month period starting December 1 of each
year and continuing through March 31 of the following year. The City will not be
responsible for managing parking (including the removal of vehicles) on privately
owned roads. The City reserves the right to not plow any Street covered by the
Agreement with car(s) parked on it. If the City does plow any Street covered by this
Agreement with car(s) parked on it, Developer agrees to indemnify and hold harmless
the City, its Officers, elected officials, agents and employees from any and all damage
to any car parked on the Streets that may result from the City’s plowing of the Streets.
9. Duration. The term of this Agreement shall be three years, beginning on November 1,
2023, and expiring on October 30, 2026 (“Term”). Upon expiration of the Term, the
Parties may agree, but are not obligated, to renew this Agreement for a successor three-
year term or upon other terms and conditions deemed appropriate by the parties at that
time. Nothing in this Agreement shall affect the City’s expectation that Developer will
finish the process to turn the Streets being plowed over to the City.
10. Payment. For each year this Agreement is in effect, an annual payment of $2,615.00
shall be due to the City on or before November 1. (“Payment”). Failure to issue the
Payment, or work out an alternative arrangement with the City, on or before November
1 may, in the discretion of the City, result in the termination of this Agreement by the
City.
11. Upon termination of this Agreement by the City for any of the reasons provided herein,
the City shall have no liability to Developer for costs associated with past or future
plowing of the Streets, shall have no obligation to return any portion of the Payment, or
have any liability whatsoever for damages or any other injury resulting from the Streets
not being plowed or Developer’s failure or inability to hire a replacement plow service
after termination of this Agreement by the City. Upon acceptance of the Streets as public
roadways by the City, this Agreement shall terminate and be of no further effect.
12. This Agreement sets out all terms agreed between the Parties and supersedes all other
agreements between the Parties relating to its subject matter. In entering into this
Agreement neither Party has relied on, and neither Party will have any right or remedy
based on, any statement, representation or warranty (whether made negligently or
innocently), except those expressly set out in this Agreement.
13. All claims arising out of or relating to this Agreement will be governed by the laws of
the State of Vermont, excluding Vermont’s conflict of laws rules, and will be litigated
exclusively in the state courts of Chittenden County, Vermont.
IN WITNESS WHEREOF, the parties, as evidenced by the signatures of their Duly
authorized Agents, do hereby execute this Plowing Agreement as of the ___ day of ________,
20__.
DEVELOPER CITY OF SOUTH BURLINGTON
By: ______________________________ By: ______________________________ Its Duly Authorized Agent Its Duly Authorized Agent
31 October
23
WASTEWATER INFRASTRUCTURE MAINTENANCE AGREEMENT This AGREEMENT is entered into by and between SNYDER CONSTRUCTION
COMPANY, LLC (“Developer”) and the CITY OF SOUTH BURLINGTON (“City”)
(collectively referred to herein as “Parties”).
WITNESSETH:
WHEREAS, Developer is in the process of completing the construction of certain wastewater
improvements including gravity sewer lines on Vale Drive, Elm Street, Halcyon Lane, a pump
station accessed off of Vale Drive, and a force main extending from the pump station to Spear
Street (“Wastewater Infrastructure”); and
WHEREAS, Developer has filed an Offer of Dedication (“Dedication”) for the Wastewater
Infrastructure with the City; and
WHEREAS, the City is not yet prepared to contemplate acceptance of the Wastewater
Infrastructure until construction and warranty periods are completed in accordance with City
specifications and standards; and
WHEREAS, Developer desires the City to maintain the Wastewater Infrastructure prior to
acceptance; and
WHEREAS, the City is willing to maintain the Wastewater Infrastructure prior to acceptance
under certain conditions.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Developer and City agree as follows:
1. City agrees to perform Regular Maintenance of the Wastewater Infrastructure,
consistent with the maintenance services provided by the City on all other public
wastewater infrastructure in the City of South Burlington. This maintenance agreement
does not include wastewater services connected to the gravity sewer lines; those remain
the responsibility of the Developer or other private property owners.
2. License. Developer hereby grants to the City a license in and over the privately owned
property for passage by the City’s crew and equipment as needed to conduct
maintenance.
3. Non-acceptance. The Developer acknowledges the City’s maintenance of the
Wastewater Infrastructure does not constitute an acceptance of its Dedication, and that
the Wastewater Infrastructure will not be accepted as public infrastructure until the
South Burlington City Council adopts an appropriate resolution.
4. Regular Maintenance. Regular Maintenance of the Wastewater Infrastructure shall
include on-going inspection of the pump station, typical maintenance of the pump
station components, and typical maintenance of gravity sewer lines. This includes up to
three after hour (“call-outs”) for emergency service per year of the contract. Any after
hour call-outs beyond three will be billed hourly to the developer (minimum 4 hours).
Developer shall be financially responsible for the costs associated with repair and
replacement of any pump station components, including any necessitated by the City’s
maintenance of the Wastewater Infrastructure until such time as the City accepts the
Wastewater Infrastructure as public infrastructure. Developer will maintain and pay for
any software and cellular / radio contracts (i.e. Mission system) related to the pump
station.
5. Indemnity. The Developer indemnifies and holds the City, its officers, agents and
employees, harmless from any and all liability, loss, damage, claim, cost, expense or
fee, including reasonable attorneys’ fees, resulting from property damage and/or
personal injury due to or arising out of the City’s maintenance of the Wastewater
Infrastructure, provided that such claim, liability, damage, loss or expense is not caused
by the gross negligence or willful misconduct of the City, its officers, agents and
employees.
6. Binding Effect. This agreement shall be binding upon the heirs, successors and assigns
of the Developer.
7. Duration. The term of this Agreement shall be three years, beginning on November 1,
2023, and expiring on October 30, 2026 (“Term”). Upon expiration of the Term, the
Parties may agree, but are not obligated, to renew this Agreement for a successor three-
year term or upon other terms and conditions deemed appropriate by the parties at that
time. Nothing in this Agreement shall affect the City’s expectation that Developer will
finish the process to turn the Wastewater Infrastructure over to the City.
8. Payment. For each year this Agreement is in effect, an annual payment of $4,000.00
shall be due to the City on or before November 1. (“Payment”). Failure to issue the
Payment, or work out an alternative arrangement with the City, on or before November
1 may, in the discretion of the City, result in the termination of this Agreement by the
City.
9. Upon termination of this Agreement by the City for any of the reasons provided herein,
the City shall have no liability to Developer for costs associated with past or future
maintenance of the Wastewater Infrastructure, shall have no obligation to return any
portion of the Payment, or have any liability whatsoever for damages or any other injury
resulting from the maintenance of the Wastewater Infrastructure or Developer’s failure
or inability to hire a replacement maintenance service after termination of this
Agreement by the City. Upon acceptance of the Wastewater Infrastructure as public
infrastructure by the City, this Agreement shall terminate and be of no further effect.
10. This Agreement sets out all terms agreed between the Parties and supersedes all other
agreements between the Parties relating to its subject matter. In entering into this
Agreement neither Party has relied on, and neither Party will have any right or remedy
based on, any statement, representation or warranty (whether made negligently or
innocently), except those expressly set out in this Agreement.
11. All claims arising out of or relating to this Agreement will be governed by the laws of
the State of Vermont, excluding Vermont’s conflict of laws rules, and will be litigated
exclusively in the state courts of Chittenden County, Vermont.
IN WITNESS WHEREOF, the parties, as evidenced by the signatures of their Duly
authorized Agents, do hereby execute this Pump Station Maintenance Agreement as of the ___
day of ________, 20__.
DEVELOPER CITY OF SOUTH BURLINGTON
By: ______________________________ By: ______________________________ Its Duly Authorized Agent Its Duly Authorized Agent
31
October 23
Snyder Construction Company, LLC
City Of South Burlington, Grant Request Form
Prior to applying for a grant please complete this form and submit to Finance Director.
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not
permit two weeks notice should be brought to the attention of the Finance Director as soon as possible.
Please attach actual grant application form – either blank or completed
Marisa Rorabaugh, Stormwater Superintendent 10/31/2023
Name and title of person completing this form (Project Manager) Date
1. Name/title of grant and submittal deadline date: MS4 Community Formula Grant
2. What specifically is the grant’s purpose? The MS4 Community Formula Grant is to assist
Municipal Separate Storm Sewer Systems (MS4) Communities with MS4 permit compliance
to reduce the adverse impacts to water quality of a discharge or stormwater runoff,
pursuant to the federal American Rescue Plan Act of 2021 and the U.S. Department of the
Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions.
3. What does the grant fund and not fund (be specific)? The grant will fund up to 80% of costs for
design and implementation of stormwater management practices that help the MS4
community make progress towards phosphorus reduction targets assigned within their
Phosphorus Control Plan (PCP).
4. Total Project Cost:
a. Amount of grant: $748,251.00
b. Is there a City match required, how much and in what fiscal year(s)? $187,062.75 across
FY24, FY25, FY26
c. Are there other grants “tied into” or being used as a match for this grant of which are
matching funds for this grant? No
5. From what budget line will match be paid, and is there unencumbered money to pay it? Match will
be paid through the stormwater utility’s capital improvement budget line. Yes, there is
unencumbered money to pay for it.
6. Is there a cost to the city upon grant conclusion, and if yes, please describe? No
7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in
some detail)? Yes
8. Length of grant - will the grant cross fiscal year(s)? Yes, the grant will cross fiscal years and will
end September 30, 2026.
9. Who will apply for grant (name/title)? Marisa Rorabaugh, Stormwater Superintendent
10. How much time will it take to complete grant application form? This grant was offered to us by
the State, as we are an MS4 community. There was no application form to be completed, but
we did indicate our intent to participate.
11. How likely is it that we will receive grant? The State approached us and offered us this grant.
12. Who will manage (project manager) grant and grant paperwork if approved (if different person than
who is filling out this form), what are any grant compliance requirements, how much time will
this take and how is that time available? Are there funds available in the grant to pay for our
administrative costs? Can in-kind service be used as part of the City match?
13. Describe grant payment process – method of cash flow: The City is responsible for all payments
to the contractor. The City will submit project invoices to the State and receive
reimbursements accordingly.
14. Should a Council-appointed Committee, Board , or Commission review this request?
Not necessary If yes, please update status:
Vermont Department of Environmental Conservation Agency of Natural Resources
Watershed Investment Division
1 National Life Drive, Davis 3
Montpelier VT 05620-3522
http://dec.vermont.gov/water-investment
To preserve, enhance, restore, and conserve Vermont's natural resources, and protect human health, for the benefit of this and future generations.
Date: June 9, 2023 To: Municipal Separate Storm Sewer System (MS4) Community From: Gianna Petito | Clean Water Initiative Program Grants Supervisor CC: Rachel Wood | Clean Water Initiative Program Verification and Maintenance Specialist Re. Municipal Separate Storm Sewer System (MS4) Community Formula Grant – Intent to Participate Paperwork Greetings, The Clean Water Service Delivery Act (Act 76 of 2019) established the Municipal Stormwater Implementation Grant Program to provide grants to municipalities to assist with their compliance efforts under regulatory stormwater permits. To meet our obligations under 10 V.S.A § 928, the Department of Environmental Conservation’s (DEC) Clean Water Initiative Program (CWIP) has launched a Municipal Separate Storm Sewer System (MS4) Community Formula Grant. As a regulated MS4 community, you are an eligible grant recipient for this program. This program will be administered in a two-step manner. The first step is a Notice of Intent to Participate, and the second step will be execution of agreements with participating entities. This letter indicates the launch of the participation process. This process will help us finalize the list of participating entities, award values, and expected outcomes. This process involves your MS4 indicating to CWIP whether you are interested in participating in this program and what you think you can achieve with the available funds, and CWIP reviewing MS4 responses and evaluating them for completeness and reasonableness (we may follow-up to discuss changes to budget or performance measures). What do we need to do right now? 1. Learn More. Review and discuss the enclosed package with the relevant MS4 staff and authorized officials. 2. Ask Questions. Join CWIP staff for an open Question and Answer session on the process. If you cannot attend, be sure to email us any questions by the date of the presentation. a. Date: June 27, 2023 b. Time: 10:30 – 11:30 am c. How to attend: The training will be held virtually via Microsoft Teams. Join Microsoft Teams Meeting for full meeting audio and visual. If you require a call-in option to participate (e.g., computer does not have a microphone), dial 1-802-828-7667 and enter phone conference ID: 245 549 063 910 d. If you are unable to join the live Q&A event, a recording of this meeting will be emailed around for anyone who is unable to attend. 3. Let Us Know. Whether or not you plan to participate, we are requesting a response by July 12, 2023
a. Please let us know if you need more time than we have provided for an initial response. If we have not heard from you at all, by the deadline listed above, we will assume your MS4 community has opted not to participate, and funds earmarked for your community may be redistributed elsewhere. b. Initial responses should be documented on the enclosed Intent to Participate Signature Page. Estimated Intent to Participate Process Timeline Date Action Notes
June 9, 2023 Application period
launched. Notice of Intent to Participate paperwork shared with MS4 communities.
Review all materials and resources provided and
discuss with appropriate officials.
June 27, 2023 Q&A Session See attendance information above. July 12, 2023 Initial responses requested Follow instructions on the enclosed Participation Signature Page.
July 19, 2023 Worksheets sent to participating MS4
communities from DEC
See SAMPLE provided in this package
August 2, 2023 Completed Worksheets due back to DEC See Participation Worksheet for instructions to complete.
August 2-4, 2023 Internal DEC review CWIP staff will review proposed performance measures and budgets on the Participation Worksheets.
August 4, 2023 DEC counterproposals sent Depending on the proposed scopes of work, CWIP may follow-up to discuss changes to budget or performance measures. We will do this via an edited Participation Worksheet. August 11, 2023 Confirmation of participation terms due DEC will proceed with drafting and releasing grant agreements once budget and proposed performance values are confirmed. Please contact us with any questions. We look forward to working with you! Best, Gianna Petito and Rachel Wood Gianna Petito (she/her) | Grants Supervisor Vermont Agency of Natural Resources | Department of Environmental Conservation Water Investment Division | Clean Water Initiative Program One National Life Drive, Davis 3 | Montpelier, VT 05620-3510 802-636-7547 office/cell gianna.petito@vermont.gov Rachel Wood (she/her) | Verification and Maintenance Specialist Vermont Agency of Natural Resources | Department of Environmental Conservation Water Investment Division | Clean Water Initiative Program 1 National Life Drive, Davis 3 | Montpelier, VT 05602 802-461-7395 | Rachel.Wood@vermont.gov
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Contents of Intent to Participation Package
Project Overview 2
Recommended Additional Resources 5
Participation Worksheet - SAMPLE 6
Grant Terms and Conditions 7
Intent to Participate Signature Page 8
Formula Variables Breakdown 9
2
Project Overview
The purpose of the MS4 Community Formula Grant is to assist MS4 communities with MS4 permit compliance to reduce the adverse impacts to water quality of a discharge or stormwater runoff. Grant recipients must use the grant primarily to design and/or implement eligible stormwater management practices that help the MS4 community make progress towards phosphorus reduction targets assigned within their Phosphorus Control Plan (or Integrated Water Quality Plan). If a participating MS4 community has already achieved and reported to the DEC Stormwater Program the phosphorus reduction targets assigned within their Phosphorus Control Plan (PCP), they may use these funds to design and/or implement other eligible stormwater management practices the MS4 community has identified as necessary to achieve the pollution reductions identified in any associated Flow Restoration Plans. Project Eligibility Eligible MS4 Community Formula Grant projects are clean water projects that: A. Are preliminary (30%) design, final (100%) design, implementation stormwater or road projects as described in the CWIP Project Types Table (available here: https://dec.vermont.gov/water-investment/cwi/grants/resources) B. Meet all the applicable eligibility criteria in the most current CWIP Funding Policy (available here: https://dec.vermont.gov/water-investment/cwi/grants#policy), C. And are currently or plan to be listed in either the MS4 Community’s Phosphorus Control Plan, Flow Restoration Plan, or Integrated Water Quality Plan. Scope of Work and Grantee Responsibilities The Grantee will design and/or implement eligible stormwater management practices to make progress towards MS4 phosphorus reduction targets assigned within Phosphorus Control Plans (or Integrated Water Quality Plan). If a participating MS4 community has already achieved and reported to the DEC Stormwater Program the phosphorus reduction targets assigned within their Phosphorus Control Plan (PCP), they may use these funds to design and/or implement other eligible stormwater management practices the MS4 community has identified as necessary to achieve the pollution reductions identified in any associated Flow Restoration Plans. Grantees will have the following expected responsibilities: a. Read the Clean Water Initiative Program Funding Policy (available here: https://dec.vermont.gov/water-investment/cwi/grants#policy), subsequent updates, and attend/review associated trainings. Contact CWIP staff with any questions, points of clarification, or needs for policy interpretation. b. Adhere to the CWIP Funding Policy and DEC agreement terms and conditions. This includes but is not limited to: a. Ensuring proposed projects meet eligibility criteria, b. Performing due diligence to avoid or minimize natural and cultural resource impacts, c. Completing projects in alignment with standardized milestones and deliverables as listed in Appendix B. Project Types Table and further described in Appendix C. Project Types Table Explanation of Items, and d. Ensuring spent funds directly support the project’s clean water purpose. c. Ensure projects do not run over budget. See CWIP Funding Policy Managing Project Spending section for more details (available here: https://dec.vermont.gov/water-investment/cwi/grants#policy). d. Secure all local, state, and federal permits at the end of final design or at the start of the implementation phase and prior to any construction begins. e. Oversee subcontractor work, if applicable. This includes ensuring all subcontractor work proceeds in alignment with any guidance or direction provided by DEC staff, regulatory programs, and the CWIP Funding Policy (available here: https://dec.vermont.gov/water-investment/cwi/grants#policy). f. Pause implementation/construction and contact the Vermont Division of Historic Preservation in the event that identifiable artifacts are discovered at a project site. g. Maintain timely reporting, invoicing, and proactive communication with the DEC Technical Project Manager or Funding Program Administrator (as applicable). h. Maintain and comply with an up-to-date procurement policy. Expected Milestones and Deliverables Grantees will be expected to complete the milestones and submit deliverables as outlined below: 1. Milestone: Grant execution a. Deliverable: Sign final DEC agreement within 90 days of receipt. 2. Milestone: Project eligibility screening and selection (with DEC Technical Project Manager support as needed): a. Deliverable: Submit to TPM completed Project Eligibility Screening form with identified list of permits needed (if applicable) b. Deliverable: Submit proposed project information into ANR Online Clean Water Project – New Project Form (a step required in Project Eligibility Screening as well)
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3. Milestone: Launch projects a. Deliverable: Update Project Status in Watershed Projects Database (WPD): Submit project funding information through ANR Online Clean Water Project – Update Form (if available). Otherwise, submit to TPM project funding information who will then update WPD with funding status and amount. b. Deliverable: Complete standard milestones and deliverables per project type as outlined in CWIP Funding Policy Appendix B: CWIP Project Types Table 4. Milestone: Quarterly check-ins with DEC Technical Project Manager: a. Deliverable: Progress updates 5. Milestone: State Fiscal Recover (SFR) Quarterly Progress Reporting tracking: a. Deliverable: Submit State Fiscal Recovery (SFR) Quarterly Progress reports through online form. 6. Milestone: Final reporting and deliverables submission: a. Deliverable: Close out project in WPD: Submit ANR Online Clean Water Project – Project Closeout Form (if available). Otherwise submit Final Performance Report Spreadsheet following standard required CWIP performance measures and BMP data. b. Deliverable: Submit final deliverables per project type as outlined in CWIP Funding Policy Appendix B: CWIP Project Types Table c. Deliverable: Submit final invoice 7. Milestone: Project close out: a. The final close out of this agreement is September 30, 2026, and an extension is not available. Results and Performance Measures Grantees are responsible for ensuring that selected projects meet all eligibility requirements enumerated in the most recent Clean Water Initiative Funding Policy. This includes selecting projects that meet the project type definitions and will result in the standard performance measures outlined in the CWIP Project Types Table. For this grant program, the applicable standard performance measures are listed below. Items (a) and (b) will be mandatory for all reporting regardless of project type. Items (c) through (d) are standard performance measures expected to be reported based on project type. At a minimum the grantee must report at least three performance measures. Performance Measure Project Type a. Phosphorus load reductions achieved (kg/yr) All Project Types b. Number of communities served All Project Types
c. Number of preliminary (30%) designs completed Road Project – Preliminary Engineering Design Stormwater – Preliminary Engineering Design d. Number of final (100%) designs completed Road Project – Final Engineering Design Stormwater – Final Engineering Design
e. Number of drainage structures installed/repaired f. Linear feet of road drainage improved Road Project – Implementation
g. Acres of impervious surface treated h. Acres of impervious surface removed (if applicable) Stormwater – Implementation
The Grantee is responsible for ensuring that all standard milestones and deliverables as listed by project type in the most current CWIP Project Types Table are complete and submitted, and that they report on all standard performance measures for the funded project type. The current CWIP Project Types Table can be found as a stand-alone excel spreadsheet here: https://dec.vermont.gov/water-investment/cwi/grants/resources#ProjectTypes Submitted deliverables may be made publicly available on the Watershed Projects Database. Equity Impact and Award Formula This is one of potentially 15 agreements to provide funding to MS4 communities. The Total Program Budget is split across all agreements following a specific Formula (see Appendix A for full breakdown of formula values). Guidance from Agency of Administration in its Bulletin 3.5 and Bulletin 5.0 requirements for programs supported by American Rescue Plan Act (ARPA) funds requires that equity considerations be applied when assigning funds or evaluating applications. Because this is a Formula Award with ARPA support, CWIP is complying with this directive by incorporating two equity factors in the calculation of the awards. The proposed formula for each initial award value is:
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where: o “Base Award” is $200,000 o “TP” represents the magnitude of pollution control required to be achieved by the permittee, scored from zero to two based on their percentile within the distribution of permittees, which score carries a weight of 90%. o “BIPOC” represents the percentage of the entity population identifying as non-white or as more than one race, with higher score assigned to greater percentage, which carries a weight of 5%. o “MHI” represents the median household income for residents, with higher score assigned to lower percentage, which carries a weight of 5%. Final agreement budget is negotiated between participating entities and DEC after the Intent to Participate process. Payment provisions will be cost-reimbursable contingent on satisfactory continued performance as evaluated at regular TPM check-ins. The table below provides more information on where the data for these variables were sourced and how they were then translated into standardized factors for the formula. See the Intent to Participate Signature Page for your specific MS4 community’s factors.
1 Since these grants are applied to MS4 boundaries that exceed census blocks (generally the town boundary level), we used aggregated census tract data as the closest akin metric for this broader scale. To do this analysis, we used raw data from DP05 | ACE Demographic and Housing Estimates 2021: ACS 5-Year Estimates Data Profiles available here: https://data.census.gov/table?t=Race+and+Ethnicity&g=0400000US50$1400000&y=2021&tid=ACSDP5Y2021.DP05&moe=false&tp=true. This provides demographic data for all census tracts in Vermont. We then filtered the data to two columns; the total population of the census tract, and the population count self-reporting as one-race-white. We subtracted the latter value from the former to get a count of all individuals identifying as non-white or as more than one race. Using tract maps available here: https://www2.census.gov/geo/maps/DC2020/PL20/st50_vt/censustract_maps/ and the ANR Atlas town boundary maps we manually assigned each census tract to an identifiable town. We then summed up total populations and non-white/multi-race populations, and then divided the latter by the former to get a % by MS4 community. We assigned census tract 39 to UVM instead of to Burlington. The University of Vermont and Burlington International Airport received a value of zero for BIPOC and MHI metrics.
Metric – Original (units) Adjusted/Standardized Value (Identifier) Weight Data Source
Total assigned phosphorus reduction target (kg/yr).
2 points if phosphorus reduction target is equal to or greater than 3rd quartile (among MS4s), 1 point if between 1st and 3rd quartile (inclusive of 1st quartile), 0 points if below 1st quartile. (TP)
90% DEC Stormwater Program and MS4 Phosphorus Control Plans.
Percent of population identifying as non-white or as more than one race (%).
2 points if % is equal to or over median among MS4s (9% is median), 1 point if at least 6%, 0 points under 6% (BIPOC)
5% DP05 | ACE Demographic and Housing Estimates 2021: ACS 5-Year Estimates Data Profiles,1
Median Household Income (MHI) ($) 2 points for under or equal to 80% of statewide MHI, 1 point if between 80% and 100% of statewide MHI (inclusive of 100%), 0 points for more than 100%. (MHI)
5% MHI data table produced by the DEC Water Infrastructure Finance Program based on 2021 Census American Community Survey. Available here: https://dec.vermont.gov/water-investment/water-financing/srf/guidance-docs
Initial Award Value = “Base Award” + [(TP*0.9+BIPOC*0.05+MHI*0.05)/Total Score] *[ Total Program Budget-Sum of “Base Awards”]
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Statement of Need The Clean Water Service Delivery Act (Act 76 of 2019) established the Municipal Stormwater Implementation Grant Program to provide grants to municipalities to assist with their compliance efforts under regulatory stormwater permits. 10 V.S.A § 928 states: “The Secretary shall administer a Municipal Stormwater Implementation Grant Program to provide grants to any municipality required under section 1264 of this title to obtain or seek coverage under [1] the municipal roads general permit, [2] the municipal separate storm sewer systems permit, [3] a permit for impervious surface of three acres or more, or a permit required by the Secretary to reduce the adverse impacts to water quality of a discharge or stormwater runoff.” The statutory intent of 10 V.S.A § 928 is met through four different funding initiatives. The Vermont Agency of Transportation’s (VTrans) Municipal Roads Grants-in-Aid and Municipal Better Roads programs will continue to support implementation of the Municipal Roads General Stormwater permit requirements ([1]). DEC’s Green Schools Initiative will support attainment of municipal Three-Acre General Permit stormwater requirements ([3]), and the MS4 Community Formula Grant program (the subject of this Intent to Participate paperwork) will support implementation of the MS4 stormwater requirements ([2]).
Recommended Additional Resources
We recognize that you may be new to receiving a grant from the Clean Water Initiative Program (CWIP). Please review the additional resources listed below to get a better sense of CWIP grantmaking and grantee responsibilities. Currently Available Resources:
- CWIP Applicant & Recipient Resources Page where you can find: o PDF copy of the CWIP 2023 Funding Policy
o Appendix A: CWIP Project Eligibility Screening Form o Appendix B: CWIP Project Types Table
o And other helpful resources - CWIP Introduction to MS4 Community Formula Grant (February 7, 2023) https://www.youtube.com/watch?v=7K8Ssq4M2bA - Key Changes in the Clean Water Initiative Program Funding Policy (January 26, 2023): https://www.youtube.com/watch?v=g6-8X3xOD5s
- VT Division for Historic Preservation Review of Clean Water Projects (March 8, 2023): https://www.youtube.com/watch?v=96lsiteAjUw Upcoming Resources:
- Clean Water Project Eligibility Screening CWIP State Fiscal Year 2023 Funding Policy Updates o Date: June 20th, 2023
o Time: 12:00 – 1:30 pm o How to attend: The training will be held virtually via Microsoft Teams. Join Microsoft Teams Meeting for
full meeting audio and visual. If you require a call-in option to participate (e.g., computer does not have a microphone), dial 1-802-828-7667 and enter phone conference ID: 275 301 882#
o If you are unable to join the live training event, a recording of the training will be available on the Applicant and Recipient Resources webpage following the event.
6
This is provided as a sample only for reference. Per the Participation Timeline DEC will send an editable worksheet to participating entities around July 19th, 2023 with yellow highlighted sections pre-filled.
Participation Worksheet - SAMPLE
Thank you for your interest in participating in CWIP’s MS4 Community Grant Program! Please complete the following participation worksheet. MS4 Community: Updated Award Value: Based on the updated award value listed above, please provide an Estimated Value for each of the standard performance measures in the table below that you expect to achieve. DEC will review these and send out a counterproposal should any need adjustments. Standard Performance Measure Project Type Estimated Value DEC Counterproposal Phosphorus load reductions achieved (kg/yr) mandatory for all reporting regardless of project type
Number of communities served mandatory for all reporting regardless of project type 1
Number of preliminary (30%) designs completed Road Project – Preliminary Engineering Design Stormwater – Preliminary Engineering Design
Number of final (100%) designs completed Road Project – Final Engineering Design Stormwater – Final Engineering Design
Number of drainage structures installed/repaired Road Project – Implementation
Linear feet of road drainage improved Road Project – Implementation
Acres of impervious surface treated Stormwater – Implementation
Acres of impervious surface removed Stormwater – Implementation
Please provide an updated budget request if less than the updated award value: Date of worksheet submittal: Worksheet completed by (name of MS4 representative):
Date of DEC Counterproposal submittal:
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Grant Terms and Conditions
The grant agreement under this program will be funded by both state Clean Water Funds, and federal American Rescue Plan Act dollars. In addition to CWIP’s Funding Policy, these agreements will be subject to standard state grant terms and conditions as well as ARPA-specific terms and conditions. Please review the accompanying blank grant agreement to understand more of the associated terms and conditions for this funding opportunity to inform your decision on participation.
Page 1 of 22
Vermont Department of Environmental Conservation Agency of Natural Resources
FFA - STANDARD ARPA GRANT AGREEMENT
1. Parties: This is a Grant Agreement between the State of Vermont, Department of Environmental
Conservation (hereinafter called “State”), and with principal place of business at , (hereinafter
called “Subrecipient”). It is the Subrecipient’s responsibility to contact the Vermont Department of Taxes to determine if, by law, the Subrecipient is required to have a Vermont Department of Taxes Business Account Number.
2. Subject Matter: The subject matter of this Grant Agreement is , pursuant to the federal American
Rescue Plan Act of 2021 and the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery
Fund Award Terms and Conditions, attached hereto. Detailed scope to be provided by the Subrecipient are described in Attachment A.
3. Maximum Amount: In consideration of the scope of work to be performed, the State agrees to pay Subrecipient, in accordance with the payment provisions specified in Attachment B, a sum not to exceed
$ . Attachment B, Payment Provision provides details on how the grantee will be reimbursed. This
grant award cannot be used as match for the purpose of obtaining additional federal funds by the subrecipient without written approval from the State.
4. Procurement: The Subrecipient certifies that for any equipment, supplies, and/or services outside of their organization, that they have and will follow their procurement policy.
5. Ownership and Disposition Assets: Grantee must submit a written request to retain the asset at the end of
grant term for the same use and intended purpose as outlined in this agreement. The written request should include: description of equipment, date of purchase, original cost and estimated current market value.
6. Source of Funds: ___ General _X_ Federal __X_ Other $ $____ $____ Fund: Clean Water Fund a. For grants funded with federal dollars only. CFDA Title Coronavirus State and Local Fiscal Recovery Fund CFDA Number 21.027 Award Name American Rescue Plan Act (ARPA) Vermont State
Recovery Fund Award Number SLFRP4407 Award Year 2021 Federal Granting Agency US Department of the Treasury Research and Development Grant? Yes No
7. Grant Term: The period of Subrecipient’s performance shall begin upon date of execution, signified by the date of signature by the State and end on September 30, 2026.
8. Amendment: No changes, modifications, or amendments in the terms and conditions of this Grant Agreement shall be effective unless reduced to writing, numbered, and signed by the duly authorized representative of the State and Subrecipient. No amendment will be considered without a detailed
justification to support the amendment request. Failure to provide an adequate justification may result in
Page 2 of 22
the denial of the request. Any request for an amendment to this agreement must be made in writing at least 30 days prior to the end date of this agreement or the request may be denied.
9. Cancellation: This Grant Agreement may be cancelled by either party by giving written notice at least 30
days in advance.
10. Fiscal Year: The Subrecipient’s fiscal year starts and ends .
11. Work product ownership: Upon full payment by the State, all products of the Subrecipient’s work, including outlines, reports, charts, sketches, drawings, art work, plans, photographs, specifications,
estimates, computer programs, or similar documents, become the sole property of the State of Vermont
and may not be copyrighted or resold by Subrecipient.
12. Attachments: This Grant consists the following attachments that are incorporated herein: Attachment A - Scope of Work to be Performed Attachment B – Budget and Payment Provisions Attachment C - Customary State Grant Provisions
Attachment D – State Fiscal Recovery Fund (SFR) Program Assurances Attachment E – SFR Quarterly Project Report Template Attachment F – Other Provisions Attachment G – Terms and Conditions for Federal Subrecipients Legal Name and Unique Entity Identifier (UEI) on File with the www.sam.gov (1): _____________________________________ ____________________ Print Legal Name UEI (2)
Did this business or organization (the legal entity to which the UEI provided belongs) receive (1) 80 percent
or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements?*: Yes No If yes, please list the top five highest paid senior executive salaries that are not available to the public:
WE, THE UNDERSIGNED PARTIES, AGREE TO BE BOUND BY THIS GRANT.
STATE OF VERMONT SUBRECIPIENT
By: By:
_____________________________ _____________________________
Commissioner Name: (Print) ____________________________
Dept of Environmental Conservation Title: ________________________
Date: ________________________ Date: ________________________
Page 3 of 22
Attachment A Scope of Work to be Performed
Part or All of the Scope May be Sub-Granted
1. Project Overview: <<insert here>>; include locational reference in project overview for construction
projects.
Table 1: SFR Program Information
SFR Program Infrastructure
SFR Expenditure Category EC 5.__
SFR Project Name
SFR Project ID No.
Primary Place of Performance
National Pollutant Discharge Elimination
System (NPDES) Permit # (if applicable)
Public Water System ID # (if applicable)
Median Household Income for Service Area
Lowest Quintile Income for Service Area
2. Statement of Need describing the need this project will address. Include data to demonstrate the need and
cite the source of the data. 3. 4. Population Served including number and demographic characteristics of those served.
5. Scope of Work to be inserted here.
The grantee will ensure the outcome . . ..
1. Subcategory
a. Item
i. Sub Item
1.
(1)
(a)
Table 1. Milestone and Deliverables schedule:
# Milestone Deliverable Due Date
1 • _____
3 _____
TOTAL BUDGET AVAILABLE (with a minimum of 10% held for final deliverables)
Total $____.00
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6. Results including a description of the measurable proposed impacts of the project, with at least three (3)
performance measures that will be tracked and reported. Wherever possible, include baselines and goals for each performance measure. 7. Evaluation describing the data collection, analysis, and quality assurance measures you will use to assure
ongoing, effective tracking of contract requirements and outcomes.
8. Equity Impact describing how this project will help build a just, equitable and sustainable COVID-19 recovery and how disproportionate impacts of inequities are addressed. 9. Reporting – Subrecipient is required to submit quarterly progress reports for the quarters ending
December 31, March 31, June 30, and September 30 on a template provided by the State (Attachment F) by the 5th day after the end of each quarter. 10. Other Provisions.
a. Subrecipient will own and operate and maintain (in good condition) the Project for its useful life
(or cause it to be so operated and maintained). b. Subrecipient will establish, adjust and maintain rates and charges at levels adequate to maintain sufficient revenues to operate and maintain (in good condition) the Project. c. Subrecipient shall seek written pre-approval from the State for minor modifications to construction
element locations due to variations in terrain or budget. The scope and site plans in this Agreement
portray an ideal situation. Minor adjustments which result in an equivalent end product shall be allowed following State approval. d. Subrecipient shall follow prevailing Vermont Wage Rate
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Attachment B Payment Provisions 1. This grant is a performance based grant with cost reimbursable payment terms. Payments made to the
Subrecipient by the State are based on the submittal of quarterly invoices including a date range in which activities on this grant were undertaken. Subrecipient is required to keep documentation of all expenses reported to the State on the invoice, but are not required to submit those documents with each invoice. The State reserves the right to ask for expense documentation upon request. Invoices must be submitted on the
Attached Form 430. Budget modifications in any category that are at or above 10% of the entire grant
value will require State approval prior to finalizing any budget alterations or expending said funds. 2. The State will measure sufficient progress by examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period
and/or the availability of funds necessary to complete the project. The State may terminate the assistance
agreement for failure to ensure reasonable completion of the project within the project period. 3. Risk-Based Assessment:
Risk Level:
Risk Level Monitoring Requirements Low - Final performance report required. Moderate - Grantee is required to submit biannual progress report. Progress report must include: summary of progress made on deliverables within reporting timeframe, milestone status updates,
technical/cost/schedule issues encountered, and work planned for next period.
High - Grantee is required to submit quarterly progress reports (see above).
- Grantee must document a course of corrective actions in order to maintain future eligibility for Vermont DEC funds. Grantees have a period of three years to complete corrective actions. If after three years no corrective actions have been taken, VDEC will no longer provide funds to the
organization.
a. These monitoring requirements are required deliverables even when not listed explicitly in the deliverables table in Attachment A.
b. If you are required to have a Single Audit , you are to report to Vermont DEC the audit, findings, Management Response Letter including corrective actions within 9 months after the end of your
fiscal year.
4. Final Payment: Final payment will be paid upon receipt and satisfactory review of all deliverables, as described in the scope of work, a final financial report documenting expenditure of 100% of grant funds, and where appropriate, documentation of required match.
5. The Subrecipient shall:
Maintain a copy of all receipts on file for review upon request by the State, Include a copy of all receipts for costs requested for reimbursement. Other:
6. Other Provisions a. All invoices must be received within 90 days after the end date of this agreement. b. Subrecipient is conferred blanket approval from the State to execute any subgrant or subcontracts associated with this Agreement and related amendments according to Attachment C, #19. As part
of the procurement process, the Subrecipient must verify and document that none of its
subcontractors/subgrantees are listed on the federal debarment list located at
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https://sam.gov/content/home or the State debarment list maintained by the Vermont Buildings and General Services (BGS) and located at: https://bgs.vermont.gov/purchasing-contracting/debarment.
Both the name of the entity and name of the primary point of contact must be checked.
Upload all completed forms to: https://anronline.vermont.gov/home
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Vermont Department of Environmental Conservation Agency of Natural Resources
Form 430 Request for Funds
Form must be filled out entirely before payment is released Subrecipient Name: Grant #: Payment#: Amount Requested: Performance Measures and Deliverables:
Performance Measure and
Submitted Deliverable
Budget Amount Amount Requested Remaining Amount
1 - $
2 - $
3 - $
4 - $
5. – Final Report $
Total $
Approvals for Payment
Signed by:
Subrecipient: _______________________________________________________ Date: ____________________
Title: _____________________________
The Subrecipient certifies that deliverables being billed on this invoice have been completed as outlined in the grant agreement.
Please upload this form to: https://anronline.vermont.gov/home
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ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS
REVISED DECEMBER 15, 2017
1. Definitions: For purposes of this Attachment, “Party” shall mean the Contractor, Grantee or Subrecipient, with whom the State of Vermont is executing this Agreement and consistent with the form of the Agreement. “Agreement” shall mean the specific contract or grant to which this form is attached.
2. Entire Agreement: This Agreement, whether in the form of a contract, State-funded grant, or Federally-funded grant, represents the entire agreement between the parties on the subject matter. All prior agreements, representations, statements, negotiations, and understandings shall have no effect.
3. Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the laws of
the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees
that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.
4. Sovereign Immunity: The State reserves all immunities, defenses, rights or actions arising out of the State’s sovereign status or under the Eleventh Amendment to the United States Constitution. No waiver of the State’s immunities, defenses, rights or actions shall be implied or otherwise deemed to exist by reason of the State’s entry into this Agreement.
5. No Employee Benefits For Party: The Party understands that the State will not provide any individual retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers compensation or other benefits or services available to State employees, nor will the State withhold any state or Federal taxes except as required under applicable tax laws, which shall be determined in advance of execution of the Agreement. The Party understands that all tax returns required by the Internal Revenue Code and the State of Vermont, including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by the Party, and information as to Agreement income will be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes.
6. Independence: The Party will act in an independent capacity and not as officers or employees of the State.
7. Defense and Indemnity: The Party shall defend the State and its officers and employees against all third party claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party in connection with the performance of this Agreement. The State shall notify the Party in the event of any such claim or suit, and the Party shall
immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. The State retains the right to participate at its own expense in the defense of any claim. The State shall have the right to approve all proposed settlements of such claims or suits.
After a final judgment or settlement, the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party in connection with the
performance of this Agreement.
The Party shall indemnify the State and its officers and employees if the State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party or an agent of the Party in connection with the performance of this Agreement.
Notwithstanding any contrary language anywhere, in no event shall the terms of this Agreement or any document furnished by the Party in connection with its performance under this Agreement obligate the State to (1) defend or indemnify the Party or any third party, or (2) otherwise be liable for the expenses or reimbursement, including attorneys’ fees, collection costs or other costs of the Party or any third party.
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8. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show that the following minimum coverages are in effect. It is the responsibility of the Party to maintain current certificates of insurance on
file with the State through the term of this Agreement. No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests of the Party for the Party’s operations. These are solely minimums that have been established to protect the interests of the State.
Workers Compensation: With respect to all operations performed, the Party shall carry workers’ compensation insurance in accordance with the laws of the State of Vermont. Vermont will accept an out-of-state employer's workers’ compensation coverage while operating in Vermont provided that the insurance carrier is licensed to write insurance in Vermont and an
amendatory endorsement is added to the policy adding Vermont for coverage purposes. Otherwise, the party shall secure a Vermont workers’ compensation policy, if necessary to comply with Vermont law.
General Liability and Property Damage: With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to:
Premises - Operations
Products and Completed Operations
Personal Injury Liability
Contractual Liability
The policy shall be on an occurrence form and limits shall not be less than:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury
Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and
non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit.
Additional Insured. The General Liability and Property Damage coverages required for performance of this Agreement shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, then the required Automotive Liability coverage shall include the State of Vermont and its agencies, departments, officers and employees as Additional Insureds. Coverage shall be primary and non-contributory with any other insurance and self-insurance.
Notice of Cancellation or Change. There shall be no cancellation, change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State.
9. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance upon
the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to bills, invoices, progress reports and other proofs of work.
10. False Claims Act: The Party acknowledges that it is subject to the Vermont False Claims Act as set forth in 32
V.S.A. § 630 et seq. If the Party violates the Vermont False Claims Act it shall be liable to the State for civil
penalties, treble damages and the costs of the investigation and prosecution of such violation, including attorney’s fees, except as the same may be reduced by a court of competent jurisdiction. The Party’s liability to the State under the False Claims Act shall not be limited notwithstanding any agreement of the State to otherwise limit Party’s liability.
11. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents
for disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be
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required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the public.
12. Location of State Data: No State data received, obtained, or generated by the Party in connection with performance under
this Agreement shall be processed, transmitted, stored, or transferred by any means outside the continental United States, except with the express written permission of the State.
13. Records Available for Audit: The Party shall maintain all records pertaining to performance under this agreement.
“Records” means any written or recorded information, regardless of physical form or characteristics, which is produced or acquired by the Party in the performance of this agreement. Records produced or acquired in a machine readable electronic format shall be maintained in that format. The records described shall be made available at reasonable times during the period of the Agreement and for three years thereafter or for any period required by law for inspection by any authorized representatives of the State or Federal Government. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved.
14. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of 21
V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Party shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, as amended, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement.
15. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party under this Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with the procedures more specifically provided hereinafter.
16. Taxes Due to the State:
A. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including income tax withholding for employees performing services within the State, payment of use tax on property used
within the State, corporate and/or personal income tax on income earned within the State.
B. Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont.
C. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any and all taxes due to the State of Vermont.
D. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State of Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal has been taken and finally determined and the Party has no further legal recourse to contest the amounts due.
17. Taxation of Purchases: All State purchases must be invoiced tax free. An exemption certificate will be furnished upon request with respect to otherwise taxable items.
18. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as of the date this Agreement is signed, he/she:
A. is not under any obligation to pay child support; or
B. is under such an obligation and is in good standing with respect to that obligation; or
C. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that plan.
Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if the Party is a resident of Vermont, Party makes this statement with regard to support owed to any and all children residing in any other state or territory of the United States.
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19. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of this Agreement or any portion thereof to any other Party without the prior written approval of the State. Party shall be responsible and liable to the State for all acts
or omissions of subcontractors and any other person performing work under this Agreement pursuant to an agreement with Party or any subcontractor.
In the case this Agreement is a contract with a total cost in excess of $250,000, the Party shall provide to the State a list of all
proposed subcontractors and subcontractors’ subcontractors, together with the identity of those subcontractors’ workers compensation insurance providers, and additional required or requested information, as applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54).
Party shall include the following provisions of this Attachment C in all subcontracts for work performed solely for the State of Vermont and subcontracts for work performed in the State of Vermont: Section 10 (“False Claims Act”); Section 11 (“Whistleblower Protections”); Section 12 (“Location of State Data”); Section 14 (“Fair Employment Practices and Americans with Disabilities Act”); Section 16 (“Taxes Due the State”); Section 18 (“Child Support”); Section 20 (“No Gifts or Gratuities”); Section 22 (“Certification Regarding Debarment”); Section 30 (“State Facilities”); and Section 32.A (“Certification Regarding Use of State Funds”).
20. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including property, currency, travel and/or education programs) to any officer or employee of the State during the term of this Agreement.
21. Copies: Party shall use reasonable best efforts to ensure that all written reports prepared under this Agreement are printed using both sides of the paper.
22. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this
Agreement is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in Federal programs, or programs supported in whole or in part by Federal funds.
Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is not presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing/debarment
23. Conflict of Interest: Party shall fully disclose, in writing, any conflicts of interest or potential conflicts of
interest.
24. Confidentiality: Party acknowledges and agrees that this Agreement and any and all information obtained by the State from the Party in connection with this Agreement are subject to the State of Vermont Access to Public Records Act, 1 V.S.A. § 315 et seq.
25. Force Majeure: Neither the State nor the Party shall be liable to the other for any failure or delay of performance
of any obligations under this Agreement to the extent such failure or delay shall have been wholly or principally caused by acts or events beyond its reasonable control rendering performance illegal or impossible (excluding strikes or lock-outs) (“Force Majeure”). Where Force Majeure is asserted, the nonperforming party must prove that it made all reasonable efforts to remove, eliminate or minimize such cause of delay or damages, diligently pursued
performance of its obligations under this Agreement, substantially fulfilled all non-excused obligations, and timely
notified the other party of the likelihood or actual occurrence of an event described in this paragraph.
26. Marketing: Party shall not refer to the State in any publicity materials, information pamphlets, press releases, research reports, advertising, sales promotions, trade shows, or marketing materials or similar communications to third parties except with the prior written consent of the State.
27. Termination:
A. Non-Appropriation: If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or otherwise
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upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is funded in whole or in part by Federal funds, and in the event Federal funds become unavailable or reduced, the State may suspend or cancel
this Grant immediately, and the State shall have no obligation to pay Subrecipient from State revenues.
B. Termination for Cause: Either party may terminate this Agreement if a party materially breaches its obligations under
this Agreement, and such breach is not cured within thirty (30) days after delivery of the non-breaching party’s notice or such longer time as the non-breaching party may specify in the notice.
C. Termination Assistance: Upon nearing the end of the final term or termination of this Agreement, without respect to cause, the Party shall take all reasonable and prudent measures to facilitate any transition required by the State. All State property, tangible and intangible, shall be returned to the State upon demand at no additional cost to the State in a format acceptable to the State.
28. Continuity of Performance: In the event of a dispute between the Party and the State, each party will continue
to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is
terminated in accordance with its terms.
29. No Implied Waiver of Remedies: Either party’s delay or failure to exercise any right, power or remedy under this Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right, power or remedy. All waivers must be in writing.
30. State Facilities: If the State makes space available to the Party in any State facility during the term of this
Agreement for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to and use of State facilities which shall be made available upon request. State facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever.
31. Requirements Pertaining Only to Federal Grants and Subrecipient Agreements: If this Agreement is a grant that is
funded in whole or in part by Federal funds:
A. Requirement to Have a Single Audit: The Subrecipient will complete the Subrecipient Annual Report annually within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single Audit is required for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy of the audit report to the granting Party within 9 months. If a single audit is not required, only the Subrecipient Annual Report is required.
For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends $500,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with OMB Circular A-133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends $750,000 or
more in Federal assistance during its fiscal year and must be conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual Report is required to be submitted within 45 days, whether or not a Single Audit is required.
B. Internal Controls: In accordance with 2 CFR Part II, §200.303, the Party must establish and maintain effective internal control over the Federal award to provide reasonable assurance that the Party is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the award. These internal controls
should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States and the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).
C. Mandatory Disclosures: In accordance with 2 CFR Part II, §200.113, Party must disclose, in a timely manner, in writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures may result in the imposition of sanctions which may include disallowance of costs incurred, withholding of payments, termination of the Agreement, suspension/debarment, etc.
32. Requirements Pertaining Only to State-Funded Grants:
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A. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State-funded grant in excess of $1,001, Party certifies that none of these State funds will be used to interfere with or restrain the exercise
of Party’s employee’s rights with respect to unionization.
B. Good Standing Certification (Act 154 of 2016): If this Agreement is a State-funded grant, Party hereby represents: (i) that it has signed and provided to the State the form prescribed by the Secretary of Administration for purposes of
certifying that it is in good standing (as provided in Section 13(a)(2) of Act 154) with the Agency of Natural Resources and the Agency of Agriculture, Food and Markets, or otherwise explaining the circumstances surrounding the inability to so certify, and (ii) that it will comply with the requirements stated therein.
(End of Standard Provisions)
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ATTACHMENT D – STATE FISCAL RECOVERY FUND PROGRAM ASSURANCES
Effective June 2, 2021, State Fiscal Recovery Fund (SFR) recipients are required to include the below list
of assurances in their SFR program applications and/or awards. Agencies and departments can add to these assurances, but please do not alter or remove any of the listed assurances without prior approval from the COVID-19 Financial Office, by emailing ADM.COVID@vermont.gov.
An authorized signatory of Subrecipient must attest to the following by checking the box next to the
statement and signing this document.
1. I have the authority to request payment from the State of Vermont. I am requesting payment for costs incurred in connection with section 602 of the Social Security Act, as amended by section 9901 of the American Rescue Plan Act, Public Law No. 117-2 (March 11, 2021) (“section 602”).
2. As required by federal law, the SFR will only be used for approved economic support or costs incurred during the period that begins on March 3, 2021 and December 31, 2024, in response to the COVID-19 public
health emergency and its negative economic impacts.
3. Subrecipient will report on incurred expenses and/or losses, in a form and at a frequency prescribed by the State of Vermont and will cooperate with the State of Vermont in creating and retaining appropriate documentation to demonstrate that the proposed uses meet the requirements of section 602.
4. To the extent that actual expenditures or demonstrated need is less than the total award amount,
Subrecipient agrees to return the balance of unspent funds to the State of Vermont. If the United States Department of the Treasury recoups funds from the State of Vermont based on a determination that these award funds were used in a manner not in compliance with section 602, Subrecipient agrees that the State of Vermont may recover funds from Subrecipient by reducing future funding in State budgets.
5. Subrecipient must repay the award or portion of the award to the Vermont Agency of Natural Resources, Department of Environmental Conservation if: any funds received were issued in error; are based on incorrect representations made to the Vermont Agency of Natural Resources, Department of Environmental Conservation; or any costs forming the basis of an award under this program are covered by other federal funds or federally forgiven loans received by Subrecipient. I agree that the final determination of whether
there has been a duplication of benefits and the amount to be repaid, if any, will be made by the Vermont Agency of Natural Resources, Department of Environmental Conservation.
6. Subrecipient shall maintain and make available to the State of Vermont and/or United States Department of the Treasury, upon request, all documents and financial records sufficient to establish compliance with
section 602. Records and supporting documentation must be maintained for a period of five years after all funds have been expended or returned to Treasury, whichever is later. Records to support compliance with subsection 602 may include, but are not limited to, copies of the following: a. General ledger and subsidiary ledgers used to account for (a) the receipt of SFR payments and (b) the disbursements from such payments to meet eligible expenses related to the public health emergency
due to COVID-19; b. Budget records; c. Payroll, time records, human resource records to support costs incurred for payroll expenses related to addressing the public health emergency due to COVID-19;
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d. Receipts of purchases made related to addressing the public health emergency due to COVID-19; e. Contracts and subcontracts entered into using SFR payments and all documents related to such
contracts;
f. Grant agreements and grant subaward agreements entered into using SFR payments and all documents related to such awards; g. All documentation of reports, audits, and other monitoring of contractors, including subcontractors, and grant recipient and subrecipients;
h. All documentation supporting the performance outcomes of contracts, subcontracts, grant awards, and
grant recipient subawards; i. All internal and external email/electronic communications related to use of SFR payments; and j. All investigative files and inquiry reports involving SFR payments.
7. To the best of my knowledge, neither Subrecipient nor Subrecipient 's principals (officers, directors,
owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in Federal programs, or programs supported in whole or in part by Federal funds.
8. Subrecipient will complete the Subrecipient Annual Report annually within 45 days after its fiscal year
end, informing the State of Vermont whether a Single Audit is required for the prior fiscal year. If a Single
Audit is required, Subrecipient will submit a copy of the audit report to the State of Vermont within 9 months. For fiscal years ending on or after December 25, 2015, a Single Audit is required if the subrecipient expends $750,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F.
9. Subrecipient will submit reports as required by the State of Vermont, Agency of Administration, and/or Vermont Agency of Natural Resources, Department of Environmental Conservation. 10. The Vermont Agency of Natural Resources, Department of Environmental Conservation may share the
information on this federal award with other Vermont state agencies, and other Vermont agencies can share
information with Vermont Agency of Natural Resources, Department of Environmental Conservation for the purpose of verifying Subrecipient’s eligibility for this or another award or stimulus payment related to the COVID-19 pandemic.
11. Subrecipient authorizes the State of Vermont to share data relevant to this award with the U.S.
Department of Treasury, including but not limited to previously submitted W-9 data that is related to this award. 12. All of Subrecipient’s tax returns are completed and filed through the date of application filing.
13. Subrecipient complies with local, state and federal labor laws. 14. Subrecipient is in good standing with the Vermont Secretary of State.
15. I attest, under penalty of perjury, that all information provided on this form is true and accurate. I
understand that the State of Vermont will rely on this certification as a material representation in making this federal award. Further, I understand that intentional misrepresentation of information is fraud and may subject me or my organization to disqualification from receiving further benefits, administrative penalties, and criminal prosecution.
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16. Subrecipient understands that, if Federal guidance on the regulations of the State Fiscal Recovery Fund
change, it may change the terms of this award.
17. Subrecipient certifies that for contracts awarded over $200,000 for maintenance, construction, or improvement project shall provide that all construction employees working on the project shall be paid not less than mean prevailing wage published periodically by the Vermont Department of Labor in its occupational employment and wage survey plus an additional fringe benefit of 42 and one-half percent of
wage, as calculated by the current Vermont prevailing wage survey. 18. Subrecipient certifies that that they will require any subcontractors or subgrantees to also certify that for contracts awarded over $200,000 for maintenance, construction, or improvement project shall provide that all construction employees working on the project shall be paid not less than mean prevailing wage published
periodically by the Vermont Department of Labor in its occupational employment and wage survey plus an additional fringe benefit of 42 and one-half percent of wage, as calculated by the current Vermont prevailing wage survey.
Printed Name:
Authorized Signature:
Title:
Organization Name:
Date:
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ATTACHMENT E – STATE FISCAL RECOVERY (SFR) QUARTERLY PROJECT REPORT TEMPLATE
Name: Click or tap here to enter text.
Contact Completing Report: Click or tap here to enter text. Report Date: Click or tap here to enter text. Grant Project: Click or tap here to enter text. Grant ID: Click or tap here to enter text. Quarter End Date: Click or tap here to enter text.
Quarterly Information Collected Every Quarter
Projected/Actual Construction Start Date (month/year):
Click or tap here to enter text.
Projected/Actual Initiation of Operations Date (month/year):
Click or tap here to enter text.
Project Status: Click or tap here to enter text.
Risk-Based Information
Moderate Risk: Collected Biannually Quarters ending on March 31st and September 30th High Risk: Collected Every Quarter
Summary of progress made on
deliverables within reporting timeframe.
Click or tap here to enter text.
Milestone status updates Click or tap here to enter text.
Technical/cost/schedule issues encountered
Click or tap here to enter text.
Work planned for next period Click or tap here to enter text.
Annual Performance Measure Information
Collected Quarter ending on March 31st
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ATTACHMENT F – OTHER PROVISIONS
A. For contracts awarded over $200,000 for maintenance, construction, or improvement project shall provide that all construction employees working on the project shall be paid not less than mean prevailing wage published periodically by the Vermont Department of Labor in its occupational employment and wage survey plus an additional fringe benefit of 42 and one-half percent of wage, as
calculated by the current Vermont prevailing wage survey.
B. For projects over $10 million, the following is required to be reported to the State with Quarterly Project Reports, as applicable: 1. A recipient may provide a certification that, for the relevant project, all laborers and mechanics
employed by contractors and subcontractors in the performance of such project are paid wages at
rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of
Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a
corollary State prevailing-wage-in-construction law (commonly known as “baby Davis Bacon Acts”). If such certification is not provided, a recipient must provide a project employment and local impact report detailing: a. The number of employees of contractors and sub-contractors working on the project;
b.The number of employees on the project hired directly and hired through a third party;
c. The wages and benefits of workers on the project by classification; and d.Whether those wages are at rates less than those prevailing.1 Recipients must maintain sufficient records to substantiate this information upon request. 2. A recipient may provide a certification that a project includes a project labor agreement, meaning a
pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing: a. How the recipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the
life of the project; b.How the recipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; and c. How the recipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities;
d.Whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and e. Whether the project has completed a project labor agreement. c 3. Whether the project prioritizes local hires. 4. Whether the project has a Community Benefit Agreement, with a description of any such
agreement
1 As determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed.
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ATTACHMENT G - TERMS AND CONDITIONS FOR FEDERAL SUBRECIPIENTS - U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD
1. Use of Funds. a. Participant understands and agrees that the funds disbursed under this award may only be used in compliance with section 602 of the Social Security Act (the Act), Treasury’s regulations implementing
that section, and guidance issued by Treasury regarding the foregoing. b. Participant will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
2. Reporting. Participant agrees to comply with any reporting obligations established by Treasury as they relate to this award. 3. Maintenance of and Access to Records
a. Participant shall maintain records and financial documents sufficient to evidence compliance with section 602 of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their
authorized representatives, shall have the right of access to records (electronic and otherwise) of Participant in order to conduct audits or other investigations. c. Records shall be maintained by Participant for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
4. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 5. Conflicts of Interest. Participant understands and agrees it must maintain a conflict of interest policy consistent
with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Participants must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 6. Compliance with Applicable Law and Regulations
a. Participant agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602 of the Act, and guidance issued by Treasury regarding the foregoing. Participant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Participant shall provide for such compliance by other parties in any agreements it enters
into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by
Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by
reference.
Page 20 of 22
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170 pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by
reference. iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180,
subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Participant Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of
race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
7. Remedial Actions. In the event of Participant’s noncompliance with section 602 of the Act, other applicable
laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602 of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section
602 of the Act. 8. Hatch Act. Participant agrees to comply, as applicable, with requirements of the Hatch Act (U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
Page 21 of 22
9. False Statements. Participant understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines,
imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 10. Publications. Any publications produced with funds from this award must display the following language:
“This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Participant] by the U.S. Department of the Treasury.”
11. Debts Owed the Federal Government.
a. Any funds paid to Participant (1) in excess of the amount to which Participant is finally determined to
be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 602 of the Act and have not been repaid by Participant shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Participant. A debt
is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Participant knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
12. Disclaimer a. The United States expressly disclaims any and all responsibility or liability to Participant or third persons for the actions of Participant or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other
losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Participant does not in any way establish an agency relationship between the IFA, United States and Participant.
13. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Participant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal
contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Participant, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Participant shall inform its employees in writing of the rights and remedies provided under this section,
in the predominant native language of the workforce.
Page 22 of 22
14. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Participant should encourage its contractors to adopt and enforce on-the- job seat belt policies and
programs for their employees when operating company-owned, rented or personally owned vehicles. 15. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Participant should encourage its employees and contractors to adopt and enforce policies that ban text
messaging while driving, and Participant should establish workplace safety policies to decrease accidents caused by distracted drivers.
Intent to Participate Signature Page Thank you for reviewing this Intent to Participate package. Below you will find the calculated initial award offer for your MS4 community based on the formula breakdown as described in the package. You may choose to request a smaller award budget than this initial award value depending on need and capacity to implement projects. Also note, should any eligible entities decline participation, CWIP may redistribute declined funds across participating entities and this award value may change. You will be notified of this change prior to finalizing the award budget and performance measures. You
understand that by signing this document, you are not signing the final MS4 Formula Grant Agreement, and that we will follow up after this Intent to Participate process to begin Step 2: Execution of Grant Agreement. MS4 Community: South Burlington Initial Award Offer: $781,932.00
This is your official participation decision. 1. Please select one of the following: We decline to participate in this grant program. We agree to participate in this grant program.
2. Please have an officer authorized to accept or decline funds sign the following.
Signature
X
Name (Print)
Title
Department/Office
Phone
Email Address
Mailing Address
3. Please fill in the following contacts table:
Programmatic Contact Financial Contact
Name:
Title:
Department/Office:
Email:
Phone:
Mailing Address:
Send completed Intent to Participate page to Gianna Petito at gianna.petito@vermont.gov.
Formula Variables Breakdown
MS4
Total Target
P
Adjusted Total
Target P
BIPOC
(% non-white
only)
Adjusted
BIPOC
MHI % of
statewide
Adjusted
MHI
Total
Score
Proportional
Score
Initial Award
Value
South
Burlington 128.3 2 15% 2 126% 0 1.9 0.129692833 $781,932.00
Participation Worksheet
Thank you for your interest in participating in CWIP’s MS4 Community Grant Program! Please complete the following
participation worksheet.
MS4 Community: South Burlington
Updated Award Value: $ 748,251
Based on the updated award value listed above, please provide an Estimated Value for each of the standard performance
measures in the table below that you expect to achieve. DEC will review these and send out a counterproposal should
any need adjustments. A reminder that the first two listed performance measures are mandatory and at least one other
performance measure must be selected.
Standard Performance
Measure
Project Type Estimated
Value
DEC
Counterproposal
Phosphorus load reductions
achieved (kg/yr)
mandatory for all reporting regardless of
project type
15.39
Number of communities served mandatory for all reporting regardless of
project type
1 1
Number of preliminary (30%)
designs completed
Road Project – Preliminary Engineering
Design
Stormwater – Preliminary Engineering
Design
0
Number of final (100%) designs
completed
Road Project – Final Engineering Design
Stormwater – Final Engineering Design
0
Number of drainage structures
installed/repaired
Road Project – Implementation N/A
Linear feet of road drainage
improved
Road Project – Implementation N/A
Acres of impervious surface
treated
Stormwater – Implementation 15.83
Acres of impervious surface
removed
Stormwater – Implementation 0.00
Please provide an updated budget request if less than the updated award value:
Date of worksheet submittal: 8/15/2023
Worksheet completed by (name of MS4 representative): Marisa Rorabaugh
Date of DEC Counterproposal submittal:
1
Jessie Baker
From:Chris Trombly <ctrombly@gmail.com>
Sent:Monday, October 23, 2023 8:35 AM
To:Jessie Baker
Cc:Meaghan Emery; Kelsey Peterson; Darrilyn Peters; Larry Kupferman
Subject:'EXTERNAL'Request to add to Nov 6 City Council Agenda
This message has originated from an External Source. Please use proper judgment and caution when opening
attachments, clicking links, or responding to this email.
Hi Jessie,
The AHC and HTF approved a recommendation to the city council to:
1. Increase annual contribution to Housing Trust Fund from $50,000 to $150,000, tied to the grand list.
2. One‐time contribution of $500,000 as seed money to start a land bank as requested with the Green Mountain
Habitat for Humanity ARPA request.
3. Eliminate impact fees for affordable housing.
We would like to request time on the November 6, 2023 City Council agenda to present this recommendation. The
presenters will be: Chris Trombly, Darrilyn Peters, and Larry Kupferman. We will have a deck to present. Please advise
date this needs to be delivered by.
Also, we would welcome feedback from staff on the proposals, pros and cons before the Nov 6 meeting. Kelsey offered
insight after the meeting that I found enlightening and would value staff perspective on how to operationalize the spirit
of our the committee's recommendations. We understand the implications of eliminating the impact fees on internal
budgets and open to a solution, such as a stepped increase for non‐affordable housing and commercial so that the fee
schedule change has a neutral impact.
The committee was not prescriptive on the funding source and explored several options, such as the local options tax,
tax tevy on grand list, fee income, etc. Ultimately, the committee opted to not dictate the funding source, but the
amount requested. The looming school CIP bond weighed heavily on the committee and expressed a preference for a
solution that limited increase to the property tax. We do not want to be in competition with or risk approval of a future
bond.
Thank you,
Christopher Trombly
(802) 238‐1158
ctrombly@gmail.com
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
MEMORANDUM
To: Jessie Baker, City Manager
From: Steven Locke, on behalf of the Project Team
Subject: Rental Registry and Short-Term Rental Ordinance Draft
Date: October 31, 2023
As a follow up to the August 21, 2023, City Council presentation regarding the creation of a rental registry, the project team has updated the draft ordinance to address the outstanding concerns and now recommends a change in the fee structure, creation of an assistance fund and allows for the exemption of existing short-term rentals. The updated ordinance is now available for further Council
consideration. The project team amended the draft ordinance to include:
• Changing the annual fee for market rate units to $150 per unit and removing the reduced fee for
buildings with greater than 40 units.
• Changing the annual fee for permanently affordable units to $0 per unit.
• Added an exemption for existing occupancies currently being used as a short-term rental until
property ownership is sold or transferred. Units will still need to register but will be allowed to
continue operations.
• Increase rental registration fee for those units currently (i.e. prior to enaction of the ordinance) being used as a short-term rental to $1,000 annually.
• Directs the creation of a fund to assist certain property owners with upgrades that may be needed to bring their property into code compliance. This fund would be created by using $5.00 per unit of fee paid by market rate units. Once the Council is satisfied with the draft proposal, the next step is to hold a first reading of the
ordinance and warn a public hearing. Space Planning As previously discussed, there is a strategic advantage to co-locating our Fire Prevention and Fire
Suppression teams as there is shared learning and understanding about our physical structures that will
improve the health and safety of our neighbors. Additionally, as discussed, we have received cost estimates for an addition to the north side of Fire Station 1 that would accommodate both the entire Prevention Division, including the staff for the new rental registry/inspection team. It is estimated the project costs for this additional space would be approximately 1.3 million and 1.8 million dollars.
To present a reasonable, financially sustainable path forward to cover both the new operational and capital construction cost, the project team recommends the following for your consideration.
• Use up to $500,000 of fund balance or ARPA for capital construction cost.
• Authorized an interfund loan up to 1.3 million for capital construction costs to be repaid through rental registry fees over the next 10 years.
• Create a special fund to receive revenues and expenses for the rental registry program.
The table below describes how the revenue, expense, assistance fund and loan payment is being estimated over the next 10 years to support both the construction and the operational costs. These projections are based on the estimated number of units currently occupied increased annually at a two percent growth rate, and the new personnel expenses for the program increased at a three percent growth rate annually. It anticipates a five percent annual reduction in the number of short-term rentals
and the loan is based on a 1.3 million interfund transfer paid back over 10 years.
Year
Market
Rate Units1
Short Term Units Revenue2 Expenses3 Assistance Fund4 Loan Payment5 Loan Balance6
2024 2500 65 $440,000 $ 289,500 $12,500 $138,000 $1,162,000
2025 2550 62 $444,250 $295,290 $12,750 $136,210 $1,025,790
2026 2601 59 $448,813 $301,196 $13,005 $134,612 $891,178
2027 2653 56 $453,682 $307,220 $13,265 $133,198 $757,981
2028 2706 53 $458,855 $313,364 $13,530 $131,960 $626,020
2029 2760 50 $464,326 $ 319,631 $13,801 $130,894 $495,127
2030 2815 48 $470,092 $326,024 $14,077 $129,991 $365,136
2031 2872 45 $476,149 $332,545 $14,359 $129,246 $235,890
2032 2929 43 $482,495 $339,195 $14,646 $128,653 $107,236
2033 2988 41 $489,126 $345,979 $14,939 $128,208 $(20,972)
The Finance Director has spoken with the city auditors and confirmed that an interfund loan is
acceptable for this application. The project team thanks you for your consideration and looks forward to discussing this with you.
1 Assumes a 2% growth rate in the number of units 2 Revenue based on $150 per market rate unit and $0 per affordable rate unit 3 Expenses based on a 3% increase of personnel expenses for new capacity 4 Assistance fund created by assigning $5.00 of the $150 rate charge to every market rate unit to a special fund
5 Loan payment equals revenue minus the sum of expenses and assistance fund) 6 Initial loan of 1.2 million dollars
Residential Rental Unit Registration Requirements
The Council of the City of South Burlington hereby Ordains:
1. Purpose and Authority.
This Ordinance is enacted to promote the public health, safety and welfare of the City under the
authority granted to it by 24 V.S.A. §2291 and Sections 103-104 of the South Burlington City
Charter. Due to an ongoing increase in the number of rental dwelling units in the City of South
Burlington, continued and projected population growth in the City, the aging of some of the
City’s housing stock, and the existing and potential future conversion of permanent housing into
short-term accommodations, the Council hereby finds that the regulation of rental dwelling units
is necessary to maintain and protect the public health, safety and welfare of the City and its
residents. This Ordinance is intended to provide a process:
• through which dwelling units used for rental housing must be registered with the City of
South Burlington for use as long-term or short-term rentals;
• to disclose the ownership of such rental properties;
• to regulate the renting of dwelling units within the City;
• to make owners and persons responsible for the maintenance of property more accessible
and accountable with respect to the premises;
• to ensure that housing units remain available for rent to those who reside or seek to
reside within the City;
• to ensure that the City is not unduly impacted by the operation of short-term rentals; and
• to ensure that owners and tenants of rental dwelling units comply with all building,
health and fire safety codes and ordinances adopted by the City of South Burlington.
This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59.
2. Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning:
Existing Short Term Rental shall mean a Short Term Rental Unit that is neither Owner
Occupied nor Tenant Occupied and was established and utilized as a Short Term Rental,
continuously maintained under the same ownership, prior to the effective date of this Ordinance
and such use has not been discontinued for six or more consecutive months.
Long Term Rental shall mean the letting of a rental unit in whole or in part to the same tenant
for thirty (30) or more consecutive days.
Multi-Unit shall mean a single, detached building in common ownership interest containing
more than one (1) residential or commercial unit.
Owner-Occupied shall mean a rental unit owned and occupied by the registrant as his or her
primary residence. An accessory dwelling unit as defined in the City’s Land Development
Regulations, is considered a separate dwelling unit from an owner-occupied primary residence
for purposes of short-term rental registration and regulation.
Owner shall mean each individual person or entity including, without limitation, all partners,
officers, or trustees of any real estate trust; all members or managers of a limited liability
company; and all officers and directors of a corporation; that is the record owner of a building or
property.
Primary Residence shall mean the dwelling in which a person resides as their legal residence
for more than one half of a year and registers as his or her address for tax and government
identification purposes.
Registrant shall mean the owner of a rental unit, or a tenant, with permission from the owner,
seeking to register a rental unit.
Rental Unit is any residential structure, furnished house, condominium, or other dwelling room
or self-contained dwelling unit, or portion thereof, that is rented or available for rent to any
individual or individuals for any length of time. Any portion of a dwelling unit or accessory
dwelling unit that is rented or available to be rented to an individual or individuals who are not
the owner or owners shall be considered a rental unit. The following are not to be considered
Rental Units for the purpose of this Ordinance:
• As defined by the City’s Land Development Regulations: motels, hotels/inns, bed and
breakfasts, group homes, dormitories, congregate care facilities, continuum of care
facilities, skilled nursing facilities, extended stay hotels, schools, and hospitals;
• As defined by 24 V.S.A. §4412(11): accessory on-farm businesses;
• As defined by 24 V.S.A. §4303(40): Emergency shelters; or
• Other facilities that, in the sole discretion of the City Building Inspector, share similar
characteristics with those listed in the three bullets above.
Short Term Rental is a rental unit rented to the transient, traveling, or vacationing public for a
period of fewer than 30 consecutive days and for more than 14 days per calendar year.
Tenant-Occupied shall mean a rental unit in which the registrant is not the record owner of the
rental unit, but lawfully occupies the rental unit as his or her primary residence.
3. Registration Required.
(a) Registration of Ownership.
1) All Rental Units must be registered in accordance with this Ordinance by
April 1st of each year; Rental Units entering the rental housing market must be
registered and pay the appropriate fee prior to their listing as an available
rental unit or prior to their first occupancy, whichever is earlier. Registration
must be renewed annually, on or before April 1st, including updating all
changes in previously submitted registration information.
2) If a rental unit is rented as both a short term and long term rental, it must be
separately registered for each type of rental.
3) Each owner, manager, and person/entity otherwise responsible for the rental
unit, such as a property manager, shall be obligated under this Ordinance.
Any new owner, manager, or responsible person/entity must apply to register
within thirty (30) days of purchase of the rental unit or transfer of
management or responsibility. New owners or tenants applying to register an
existing Short Term Rental unit are considered new applicants and shall be
subject to all limitations and regulations in effect at the time of the
application.
4) A rental unit shall not be considered registered unless and until the registrant
has submitted a complete application together with all information and fees
required by this Ordinance, to the satisfaction of the City’s Building Inspector,
or designee.
5) As a condition of registration, all owners and/or registrants must allow onsite
inspections by the City of their property including, without limitation, all
rental units. Inspections will be performed in accordance with the Inspection
Cycle adopted by Resolution of the City Council. All units of a multi-unit
building owned by the same property owner are subject to inspection,
including an owner-occupied unit that is not a rental unit, if one or more units
in the building are rental units. Likewise, all areas of an owner-occupied
dwelling are subject to inspection if any portion of the owner-occupied
dwelling is a rental unit. The purpose of this inspection is to ensure
compliance with all building and fire safety codes, ordinances, and regulations
adopted by the City of South Burlington and safety of the Rental Unit.
(b) Information/Documentation Required. All Rental Units must be registered with the
City. Registration must be completed on forms supplied by the City’s Building
Inspector or their designee and must provide, at a minimum, the following
information:
1) The address of the property;
2) The number of dwelling units at that address;
3) The number of rental units at that address;
4) The number of sleeping rooms in each rental unit;
5) The number of parking spaces that are dedicated for the rental units at the
property;
6) The name, address, phone number, email address, and date of birth of the
property owner, and if the owner is a corporation, the registered corporate
agent and the president of the corporation and their name and address, and if
the owner is a partnership, the registered partnership agent, and the names and
addresses of the general partners;
7) The name, address, phone number, and email address of:
a. Any local (within Chittenden County) managing agent. All owners or
Registrants who do not live within Chittenden County are required to
designate a managing agent located in Chittenden County who is
empowered to represent the owner or registrant in matters concerning
compliance with this chapter;
b. An emergency contact for this property. All properties must have an
emergency contact within Chittenden County;
8) All Additional Information Required for Short Term Rentals.
(c) Additional Information required for Short Term Rentals. To Register a Short Term
Rental, the requirements of this subsection must also be met. A Short Term Rental
shall not be considered registered unless and until all the registration requirements of
this Ordinance have been met to the satisfaction of the City’s Building Inspector, or
designee, and a Short Term Rental registration number has been issued.
1) A Short Term Rental registrant must provide at a minimum the following
information and any other information requested to the City’s Building
Inspector or their designee:
a. A Short Term Rental application.
b. The number of whole unit or partial unit Short Term Rentals within the
building, or in the case of multiple buildings on a parcel of land, on the
entire lot.
c. Whether the rental unit is owner-occupied, tenant-occupied, an
accessory dwelling unit, or non-owner occupiedan Existing Short
Term Rental, and;:
i. For Short Term Rental Units that are owner occupied or an
accessory dwelling unit, the owner must provide a notarized
primary residence affidavit, on forms provided by the City.
The owner must also produce for review one of the following
demonstrating residency at the owner-occupied unit or at the
primary residence to the accessory dwelling unit:
1. Valid driver’s license or other state-issued identification;
2. Valid motor vehicle registration;
3. Proof of homestead exemption pursuant to 32 V.S.A.
§5410; or
4. Other documentation proving primary residence to the
satisfaction of the City’s Building Inspector.
ii. For Short Term Rental units that are tenant-occupied, the
tenant must provide their name, address, phone number, email
address, date of birth, a notarized primary residence affidavit,
and a notarized statement of permission by his/her landlord,
both affidavits on forms supplied by the City. The tenant must
also produce for review one of the following demonstrating
residency at the tenant-occupied unit:
1. Valid driver’s license or other state-issued identification;
2. Valid motor vehicle registration; or
3. Other documentation proving primary residence to the satisfaction of the City’s Building Inspector.
iii. For Existing Short Term Renal Units, in addition to all other requirements for Short Term Rentals, the Registrant must also provide:
1. Documentation establishing to the satisfaction of the City’s
Building Inspector that the Rental Unit was established and utilized as a Short Term Rental prior to the effective date of this Ordinance; 2. Registrant and owner’s name, addresses, phone number,
email address, and date of birth;
3. A notarized Existing Short Term Rental affidavit on a form supplied by the City identifying the owner of the Rental Unit and swearing that the Existing Short Term Rental Unit was established and utilized as a Short Term Rental Unit as
of the effective date of this Ordinance and without
discontinuance of use as a Short Term Rental Unit for a period greater than six months; and 4. Property Deed or other similar documentation establishing the identity of the current owner of the Rental Unit; and
1.5.Documentation establishing to the satisfaction of the City’s
Building Inspector that the Rental Unit did not cease to be utilized as a Short Term Rental Unit for a period of time greater than six consecutive months. d. Proof of liability insurance required. At the time of registration, the
Registrant must provide a certificate of insurance that expressly
acknowledges that the property may be used for Short Term Rental
business activity and evidencing (a) property insurance and (b) general
liability insurance appropriate to cover the rental use in the aggregate
of not less than $1 million or proof that the Registrant conducts rental
transactions through a hosting platform that provides equal or greater
coverage. Any such hosting platform-provided insurance carrier shall
defend and indemnify the Registrant, as additional named insured, and
any user in the building for any bodily injury and property damage
arising from the rental. Once registered, the Registrant shall maintain
the required insurances, or such greater amount as otherwise required
by law, throughout the term of the registration.
e. Proof of Vermont tax account for rooms & meals and/or sale tax
purposes or proof that the Registrant conducts rental transactions
through a hosting platform that pays all applicable rooms & meals
and/or sale taxes on behalf of the Registrant.
2) Upon request by the City, at any time, all registrants and/or agents of Short
Term Rental units must provide the City with their registration information,
rental history, and upcoming reservation information. Failure of Short Term
Rental unit owners, tenants, and/or their representatives to adequately respond
to inquiries by the City within two business days from the date of the request
shall be considered a violation under this Ordinance.
(d) No registration under this Ordinance shall be transferrable or assignable.
4. Registration Fees. (a) Annual Registration Fee. Upon initial registration and by April 1st of each year,
registrants shall pay the City a registration fee for each Rental Unit, in the amounts
set forth below. A Rental Unit shall not be considered registered unless and until this
fee is paid in full.
(b) Long Term Rental Registration Fee. The registrant of a long term rental shall pay one
hundred dollars ($150110.00) to the City by April 1st of each year. New Construction
of greater than 10 units, rental registration fee is waived for first 3 years. Long Term
Rental Registration Fee for any multi unit building with 40 or more units and owned
by one owner shall be $90 per unit. For affordable long term rental units satisfying
the Affordability Requirements of Chapter 18 of the City’s Land Development
Regulations, the annual registration fee shall be $0.00.
(c) Short Term Rental Registration Fee. The registrant of a Short Term Rental shall pay
one hundred dollars ($150110.00) to the City by April 1st of each year.
(c)(d) Existing Short Term Rental Registration Fee. The registrant of an Existing Short
Term Rental Unit shall pay one thousand dollars ($1,000.00) to the City by April 1st
of each year.
(e) Failure to renew a registration of a rental unit by April 1 shall result in the forfeiture
of the right to renew the registration of that rental unit, and any subsequent
application for the same rental unit shall be treated as a new application for
registration.
(d)(f) Five dollars ($5.00) of the per unit registration fee for Long Term and Short Term
Rental Units will be deposited in a fund held by the City to be utilized exclusively to
financially assist property owners who, to the satisfaction of the City, demonstrate a
need for financial support to pay for upgrades of their registered Long Term rental
property that may be required to bring the property into code compliance.
5. Requirements of Short Term Rental Units.
(a) Occupancy Limit. Overnight Short Term Rental guest occupancy in each rental unit
will be limited to two (2) guests per bedroom or sleeping area plus no more than two
(additional) guests.
(b) Short term rentals shall adhere to all City of South Burlington regulations and
ordinances related to parking.
(c) With the exception of Existing Short Term Rental Units, Nno individual or entity may
register a Short Term Rental unless it is owner-occupied, tenant-occupied with
permission of the owner, or an accessory dwelling unit.
(c)(d) An Existing Short Term Rental Unit that is not owner-occupied, tenant-occupied
with permission of the owner, or an accessory dwelling unit may be registered as a
Short Term Rental provided:
i. Ownership of the Existing Short Term Rental Unit does not change. Once
ownership of the Existing Short Term Rental is sold or transferred from the
owner of the unit at the time the effective date of this Ordinance to a
different entity or individual(s), the Rental Unit shall no longer be allowed to
register as a Short Term Rental unless all other Short Term Rental Unit
requirements of this Ordinance are met; and
ii. The Existing Short Term Rental Unit is established and utilized as a Short
Term Rental prior to and upon the effective date of this Ordinance; and
i.iii. An Existing Short Term Rental shall not cease to be utilized as a Short Term
Rental for a period of time greater than six consecutive months. If use of an
Existing Short Term Rental Unit as a Short Term Rental is discontinued for
six months or more, the Rental Unit shall no longer be allowed to register as
a Short Term Rental unless all of other Short Term Rental Unit requirements
of this Ordinance are met.
(d)(e) Registrants shall comply with all applicable State laws and regulations regarding
Short Term Rentals.
(e)(f) Short Term Rentals must be serviced and cleaned before each new guest arrives
and guests must be provided with soap, clean linen, and sanitized utensils.
(f)(g) Registrants shall provide guests written documentation with the following
information:
1) The name, phone number, and email of the Registrant and, if not the
Registrant individually, an emergency contact within Chittenden County who
is available at all times during a guest’s rental.
2) Contact information for the City Fire Marshal.
3) Written instructions on the location and use of fire extinguishers
4) Written instructions on emergency shut-off of heating systems and fuel
burning appliances
5) A diagram identifying emergency egress routes
6) A copy of South Burlington’s Public Nuisance Ordinance.
(g)(h) No pets are permitted in any Short Term Rental unless guests provide proof of
valid rabies vaccine and hosts provide information on the City’s leash and pick-
up/disposal of pet waste requirements and the presence of ticks in Vermont.
(h)(i) Display of Short Term Rental Registration Number Required. Once registration
is approved by the City, each Short Term Rental shall be given a registration number,
which must be displayed in plain sight in the Rental Unit and in any and all
advertisements for the Rental Unit.
(i)(j) Short-term rental guests shall not sublease, sublicense or assign all or any portion
of the short-term rental to another person during the rental period.
(j)(k) Parties, conferences, family reunions, weddings, fundraisers or similar gatherings
that are reasonably foreseeable to involve an assemblage of vehicles or a greater
number of persons than the maximum allowable number of short-term guests for the
rental unit are prohibited to be conducted by short-term rental guests during a short-
term rental.
6. Violations.
Violations of this article include, but are not limited to:
(a) Any person, business entity, or other organization failing to timely register or renew
the registration of a rental unit, including providing all required information and
paying the required registration fee;
(b) Any person, business entity, or other organization failing to timely file any required
update to the registration;
(c) Any person, business entity, or other organization failing to acquire and/or display the
required Short Term Rental registration number;
(d) Any person, business entity, or other organization providing false information with
respect to registration.
(e) Any person, business entity, or other organization renting any rental unit that is not
registered under this article, advertising for rent such rental unit without registration,
or permitting the occupancy of such premises without registration;
(f) Failure of Short Term Rental unit owners, tenants, and/or their representatives to
adequately respond to inquiries by the City pursuant to Section 3(c)(3) within two
business days from the date of the inquiry.
(g) Failure to maintain a Rental Unit in compliance with all building, health and fire
safety codes and ordinances adopted by the City of South Burlington.
(h) Failure to allow an inspection of a Rental Unit by the City.
(i) Failure to conspicuously display within each Short Term Rental Unit the current and
valid name, address and phone number of the Short Term Rental operator (whether
the owner, tenant, on-site manager, or property manager) and the City Fire Marshal.
(j) Any sublease or sublicense of a Short Term Rental by a guest to another person
during the rental period.
(k) Any signs or other outside indications, other than on-site parking, that a property is
used or occupied as a Short Term Rental.
(l) Noise or unreasonably loud activities, whether inside or outside, that violate the
City’s Public Nuisance Ordinance.
(m) Failure to abide by any other specific requirement of this Ordinance.
7. Enforcement.
Any person who violates a provision of this civil ordinance shall be subject to:
(a) Suspension or revocation of the short term rental unit registration for the violating
rental unit. A short term rental unit that has had its registration either suspended or
revoked may also be prohibited from renewing or registering the rental unit for a
period of up to 12 months following the current registration expiration date.
AND
(b) A civil penalty of up to $800 per day for each day that such violation continues.
Each day the violation continues shall constitute a separate offense. The Building
Inspector, City Fire Marshal, South Burlington Police Officers, South Burlington
Zoning Administrator, and the South Burlington City Manager shall all be designated
and authorized to act as Issuing Municipal Officials to issue and pursue before the
Judicial Bureau, or other court having jurisdiction, a municipal complaint.
8. Civil Penalty; Waiver Fees.
(a) Civil Penalty. An Issuing Municipal Official is authorized to recover civil penalties in
the following amounts for each violation:
(1) Operating a Rental Unit Without Authorization or Registration Number: $800
(2) All Other Violations:
First Offense: $400
Second Offense: $600
Third Offense: $800
Fourth and Subsequent Offenses: $800 plus automatic revocation for
twelve (12) months before a new
Long Term or Short Term Rental
Registration Application may be
submitted.
(b) Waiver Fee. An Issuing Municipal Official is authorized to recover waiver fees, in
lieu of a civil penalty, in the following amount, for any person who declines to contest a
municipal complaint and pays the waiver fee:
(1) Operating a Rental Unit without authorization or registration number: $500
(2) All Other Violations:
First Offense: $100
Second Offense: $250
Third Offense: $500
Fourth and Subsequent Offenses: $700
(c) Offenses shall be counted on a twelve (12) month basis beginning April 1 and ending
March 31 of each year. An Issuing Municipal Officer shall have authority to issue a
written warning, without recovering a waiver fee, for any First Offense violation other
than Operating a Rental Unit Without Authorization of Registration Number. In such
instance, the written warning shall be counted as a First Offense for calculating annual
offenses.
9. Other Relief.
In addition to the enforcement procedures available under Chapter 59 of Title 24, the City
is authorized to commence a civil action in the Civil Division of the Vermont Superior
Court to obtain injunctive and other appropriate relief, to request revocation or
suspension of any Long Term or Short Term Rental authorization or registration number
on behalf of the City, or to pursue any other remedy authorized by law.
10. Severability.
If any provision of this ordinance is deemed by a court of competent jurisdiction to be
unconstitutional, invalid or unenforceable, that provision shall be severed from the
ordinance and the remaining provisions that can be given effect without the severed
provision shall continue in effect.
11. Effective Date.
In accordance with South Burlington City Charter Section 108, this Ordinance shall take
effect upon passage. However, in order to allow time for residents and property owners
to become familiar with the requirements of this Ordinance, the prohibitions on certain
types of short-term rentals, and the penalties for violations of this Ordinance, compliance
with the requirements of this Ordinance shall not be mandatory until April 1, 2024.
Adopted at South Burlington, Vermont this ___ day of __________, _____, and to be effective
upon passage.
SOUTH BURLINGTON CITY COUNCIL
…
MEMORANDUM
To: City Council
From: Louis Bresee, Energy Project Manager
Date: November 2, 2023
Re: Status Report – Climate Action Plan – Government Operations Sector
The attached presentation documents the work accomplished to date on the Government Operations
Sector of the Climate Action Plan. This work was started in July 2023 and has involved conversation
with almost all City employees to generate ideas as to how the City could meet the targets of the Climate
Action Plan. The CAP documented two major actions related to City government: the reduction of Green
House Gases (GHG) and increasing the generation of renewable energy.
The GHG target reductions are to reduce the metric-ton carbon dioxide equivalent, mtCO2e, from the
1431 mtCOe2 baseline in 2019 to 572 by 2030 and 72 by 2050. These reductions will require the City
government to virtually eliminate the use of gasoline, diesel fuel and natural gas and seek almost all
energy from various sources of electricity. Work to date indicates that the use of current technology
would allow the City to meet 69% of the 2050 target and a series of projects have been defined in
pursuit of that objective. There are several obstacles to reaching the 2030 target because of the size of the
projects involved. Weatherization and heating projects require careful planning and the work force to do
that work is limited currently. There is also a financial concern regarding the replacement of a piece of
equipment or vehicle well before the end of its useful life. The plan currently pursued addresses both
concerns and recognizes that the FY CIP anticipated equipment replacement at a rate that would cover
80% of the planned project cost.
The action to increase the generation of renewable energy is being addressed in two ways. The City has
had two studies conducted to address the feasibility of placing a water turbine in the outflow of the
Airport Parkway WWTP. It is known that the outflow pipe is in need of replacement and that is the
logical time to incorporate a turbine in the flow. The City has already incorporated a requirement that
future commercial buildings need to have solar panels installed and the upgrade of the Bartlett Bay
WWTP will provide several solar opportunities. A preliminary study has been done to address the
potential for solar on other City buildings. The evaluation of each roof structure will be required to
assess the viability of each potential project.
The proposed plan provides projects that will result in concrete reductions in GHG over a time frame
that is financially responsible and takes advantage of anticipated technology advances in the future.
South Burlington Climate
Action Plan
Government Operations Sector Implementation Plan
City Council Presentation
November 6, 2023
1
Tonight’s Agenda: A Report on the Status of the Plan
Background History & Plan Outline
2019 Baseline and Targets
2023 Status
Action Plan Facilities
Vehicles
Policy Considerations
Current Actions
2
This is a continuation of and an increased prioritization of climate protection activities
2019 Baseline & Targets
2019 Baseline = 1431 mt CO2e
Targets
•Reduce Green House Gases (GHG)
•60% by 2030 to 572 mt CO2e
•95% by 2050 to 72 mtCO2e
•Electrify City owned equipment &
facilities
3
Baseline is clearly defined from documented data
WWTP Solid Waste
Processing, 316
Police, 243
Public Works Fleet, 223
Fire, 172
WWTP Building
Heating, 130
Highway Building, 112
City Hall, 57
WWTP Electricity, 56
Wastewater Vehicles, 37
Heavy
Equipment, 19
Storm Water Vehicles, 19
Library, 14
Traffic & Street
Lights, 14
Misc., 9
Lite Equipment, 5
Mowers, 5
Recreation, 1
2019 GHG City Gas Emissions - mt CO2e
2019 Baseline 1,431 mt CO2e
2030 Target 572 mt CO2e
2050 Target 71 mt CO2e
Status Summary
4
2050 Target is 72
mtCO2e – a 95%
reduction
South Burlington should
be able to reduce the 2019
baseline emissions of 1431
mtCO2e to 440 by 2050.
CIP FY24 thru FY30
identified 80% of
estimated required funds
proposed thru FY 30
All current assets
burning fossil fuels will
be replaced prior to 2050.
A 991 mtCO2e reduction ( 69% ) identified
Remaining challenges
280 mtCO2e Airport Parkway WWTP digester
80 mtCO2e ½ of the current diesel fleet less known opportunities
80 mtCO2e gas radiant heat – vehicle bays
2050 Target 72 mtCO2e – a 95% reduction
Gasoline powered vehicles
Diesel powered vehicles
Natural gas powered heating systems
Plan Outline
Introduction
Executive Summary
Climate Action Plan Targets
Planned Actions
Procedure
•Data Collection
•Status Reporting
•Plan Updating –This Will Be A Living Plan
Appendices
•Generated Ideas
•Cost Benefit Analysis
5
The plan will be a living document – planned periodic changes
Progress to Date
6
Climate Actions Started Years Ago
•Multiple Solar Arrays
•Thermophilic Digester at APWWTP
•LED Light Transition – Everywhere
•Wheeler House Insulation
Since 2019 Baseline
•180 Market Street
•GMP Declared Carbon Free
•Police Hybrid Patrol Cars
•Fire Station 2 Fuel Access – Shelburne Rd
•Battery Replacement of Small Engines
Completed, 160
Remaining, 1271
mtCO2e Reductions thru 2023
Planned Status by 2030
Completed,
160
FY 30 Known
Technology,
377
Remaining,
894
mtCO2e Reductions thru 2030
Short of 2030
Goal by 322
Short of 2030
Goal by 322
Short of 2030
Goal by 322
Make Bartlett Bay WWTP Upgrade Fossil Free
•Water Source Heat Pumps
•Maximize Solar Opportunities
Begin to Convert Fleet to Electric Vehicles
•Charging Stations at All Municipal Buildings
•Grant in Place – Public Works & Police Station
•Procure Hybrid and All Electric Vehicles as:
•Technology is Demonstrated
•Normal Replacement Schedules
•Follow Technology for Specific Application
Begin to Convert Natural Gas Heating Systems to Heat Pumps
•Develop a Planned Conversion Schedule
•Replace Prior to Failure
•Grant for 3 Roof Top Units in Process
Weatherization
•Insulation as Needs Are Identified
•MERF Grant for Wheeler & Fire Station 2
•Windows – Police & Public Works
7
Average Cost Per Year Above FY 24 CIP - $0.6M
Shortfall a result of workforce availability and aging of current equipment
Program Continuation
8
Completed, 160
FY 30 Known
Technology, 377
Remaining Known
Technology, 454
Further Study, 440
mtCO2e Reductions
Short of 2030 Goal
by 322
70%
Confident of
Identifying
Projects to
meet 2050
Target
2050 Target
0
200
400
600
800
1000
1200
1400
1600
mtCO2ePotential Positions
2030 Target
Further Study of Limiting Technology
280 mtCO2e Thermophilic Digester
80 mtCO2e ½ of Current Diesel Fleet
80 mtCO2e Vehicle Bay Gas Radiant Heat
Cost of doing all known technology projects: $45M
Project Funding
Proposed thru FY 30
9
10
Project funding proposed thru FY 30
11
Project Funding Proposed thru FY 30 Continued
Difference
GO. 2.1 & 2.8 Increase Renewable Energy Production
Water Turbine at Airport Parkway
•Feasibility studies completed
•To be incorporated with outflow pipe replacement
Additional Solar Arrays
•13 Sites identified on public buildings
•Potential capacity 250 Kw - twice 180 Market St.
•State restrictions on municipal energy credits need revision
Power distribution is an important issue
•Airport Parkway and Bartlett Bay additions would provide more power to school district
12
Additional Electrical Generation Capacity Does Not Reduce Green House Gases
Policy
Considerations
(from CAP and
staff discussions)
13
Adopt green operations, purchasing and investment policies
Change fleet deployment patterns for EMS calls to reduce mileage
No idling policy for City vehicles as a transition to EV acquisition
Preposition vehicles
Limit mowing in the City
Municipal use of electric bikes, carts and scooters
Employee education on composting, recycling and minimizing waste
Enhance transportation options in partnership with GMT
Publish results as an example of clean investment potential
Actions Underway14
Complete Initial Version of Government Operations PlanComplete
Replace 3 Roof Top Units at Public Works
•Grant in Process
•Lead time is up to 6 months
Replace
Replace 2 field mowers
•Rebates available
•Procurement specification being prepared
Replace
Join CATMAJoin
Apply for fleet assessment through VTCCCApply
Use MERP grant to weatherize Fire Station #2 and Wheeler HouseUse
Proceed with charging stations
•Grant approved for Public Works and Police StationProceed
180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov
TO: Jessie Baker, City Manager
FROM: Ilona Blanchard, Community Development Director
CC: Tom DiPietro, Public Works Director
SUBJECT: Update Regarding City Center TIF Projects.
DATE: November 2, 2023
BACKGROUND:
This update provides an overview of the current status of the remaining TIF
District project and their budgets as a result of inflation. It also outlines the
strategy the City is currently following to fund these projects.
At this time, the City Center Park boardwalk connection and pathway to
Barrett Street (Phase II of the project) is in final design to bid out this
fall/winter. The City is also fully engaged in acquiring Right-of-Way for
the three remaining projects: the Walk Bike Bridge over I-89 at Williston
Road (East-West Alternative Transportation Crossing), the Williston Road
Streetscape, and Garden Street (all three segments).
Similar to the nation overall, the construction industry experienced
substantial inflation in material and labor costs in 2022. Over the past year,
design has also advanced on the bridge project and City Center Park Phase
II, and in 2023 engineer’s estimates for construction for all remaining
projects were re-estimated.
Walk Bike Bridge
Between the public outreach stage and the conceptual stage (when
significant material cost escalations began), the project engineering
consultant, the City and VTrans value engineered the walk bike bridge in an
effort to reduce costs. The bridge width and layout, connections to adjacent
properties and materials were examined for cost reductions, most of which
were included in the concept design.
As part of this process, the bridge width was reduced nearly one-third
(reducing the number of steel tubs to one) and the plan simplified: a very
expensive adjacent property approach was completely reconceptualized to
leverage the mainline infrastructure, and various approach infrastructure
options were evaluated. This streamlined design continues to reflect the
extensive public input process undertaken and does not jeopardize the
public’s use of the project.
Background, Continued, Page 2
Unfortunately, as costs continued to escalate, it became clear that the gap
between available funds and the cost to complete the project would put the
project in jeopardy as the size was to great for VTrans and FHWA to allow
the project to be put out to bid. City Staff sought Council approval to seek
grant funding to address this gap which was approved. To date, applications
have been prepared and submitted for two federal discretionary funding
opportunities, which bundled a total of four potential funding programs.
One additional opportunity is anticipated to be announced this winter.
The engineer’s estimates were revised in preparation for the first application,
resulting in an overall funding gap of approximately $8 million dollars out of
an owner’s budget of $22 million. The City had the Benefit-Cost Analysis
updated, and the project continues to show public benefits (particularly in
health) that combined show that the benefits far outweigh the overall cost of
the project.
The City’s grant applications have been for the full amount of the gap,
resulting in a City match of 20% of the project costs. This match exceeds the
amount of TIF District Financing estimated in 2021 for the Bridge project by
$157,000, however it is within the range of a TIF budget adjustment allowed
by VEPC.
This project will require additional funding to proceed, and the City, with
the encouragement of VTrans and the Vermont FHWA office is seeking
gap Federal funding and will potentially seek State funding simultaneously
in order to keep the project on track to be bid in 20204 in order to open at the
end of 2026.
City Center Park
The boardwalk connection to City Center Park and final construction of the
shared use pathway through the park is in final design and expected to go to
bid this year. The cost estimate for this project was also updated at the 60%
design level in 2023 resulting in a total TIF usage estimate of $2.9 million
(this number includes the already funded and completed Phase I costs in the
amount of $ 1 million). Note that unexpended funds from the first bond in
the amount of $246,500 will be used in Phase II for path improvements
located within the boundaries of the existing park.
There are also recreation impact fees collected for City Center Park which
are available for funding Phase II, in the amount $227,000. The estimated
TIF expenditures are again above the 2021 Substantial Change estimate
($2,427,516), but within the allowable adjustment range.
Williston Road Streetscape
The Williston Road Streetscape construction cost was also updated in 2023.
The 2023 budget is still close to what was included in the substantial change,
and currently stands at $19,000 below the 2021 TIF estimate.
This project is only 50% TIF District Financing eligible. The Impact Fee
ordinance update underway includes this project and the staff also expect to
Background, Continued, Page 3
recommend seeking additional grant funding once all the right of way has
been acquired to fill the remainder of the gap between the secured $800,000
in federal funds and portion ineligible for TIF District Financing.
Garden Street
The Garden Street project engineers also updated the cost estimates for the
three sections of the Garden Street project (Dorset to the “bridge” by the
Snyder-Braverman development underway, Dover Place to Williston Road
along Midas Drive, and the Williston Road intersections – White Street and
Patchen Road and the area between). The 2023 construction estimate also
came in higher then estimated in 2021, and the owner’s cost estimate is now
approximately $1 million higher then it was at that time. This project is
Federal aid eligible.
Garden Street north of Market Street through the Williston Road
intersections was also included in the draft of the Transportation impact fee
ordinance, and these funds are currently programmed to cover the gap. At
this time staff are not recommending seeking additional funding, but are in
discussions regarding options.
ROW
The City has made offers for right-of-way for the Bridge project and
negotiations are underway. The City has also made an offer for the portion
of the Garden Street project adjacent to Dorset Street in an effort to line this
project up with the construction of the park connection.
Next Steps
TIF Bonds. Staff will bring a recommendation regarding issuing $18,606,530
TIF District financing to meet the program deadline for the City Center TIF
District.
The 2024 TIF Bond, estimated allocation is as follows:
Project Estimated
TIF Amount
Bond
Authorization
% of Project
Costs
Bridge $4,524,636.37 2023 20%
City Center Park Phase II $1,611,530.81 2023 77%
Williston Road Streetscape $1,279,784.21 2023 50%
Garden Street $11,190,578.61 2021 and 2023 87%
Staff be looking at interest rates and debt structures to understand which are
in the best interest of the City to present to Council.
Right-of-Way. No necessity hearings are anticipated for the Bridge project;
due to RAISE grant timing concerns, the City will only purchase property to
make desired property connections from willing sellers.
It is anticipated that staff will recommend the Council consider warning a
necessity hearing Garden Street and for Williston Road in the spring.
Background, Continued, Page 4
City Center Park Construction. The City is planning on bidding the City
Center Park Phase II project this winter. If the City is successful, a contract
will be brought to the Council for consideration.
ATTACHMENTS: None
RECOMMENDATION: None at this time.
ADDITIONAL
CONSIDERATION
Upcoming deadlines are March 31, 2024 to issue TIF Financing debt (all
paperwork signed), December 2024 to clear right-of-way for the Bridge and
September 2024 to obligate Federal RAISE grant funds for Bridge
construction.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: November 2, 2023
Re: Updated Council Liaison Appointments: 2023 – 2024
Each March the Council establishes Council Liaisons to Committees as outlined in the “Bylaws for Committees
Established by the South Burlington City Council.” As adopted, Council Liaisons shall:
Be appointed by a majority vote of the Council to each Policy Advisory Committee and Task Force
established by the Council
o The only Statutory Committee supported by a Council Liaison is the Planning Commission
for which the Council Chair will always serve as the Council Liaison
Not vote as part of the public body unless specifically appointed with that ability
Work with the Staff Liaison and Chair to guide the body’s work to ensure it is aligned with the
Council policy goals and aligned to the annual Policy Priorities & Strategies
Support the Chair in bringing items of the Committee to the Council
The Council Liaisons are not expected to attend every public meeting. However, to the extent they
do, they are tasked with speaking on behalf of the Council and providing direction in accordance
with Council approved direction.
In April 2023, you appointed this set of Liaisons. As Councilor Kupferman joins the Council, these roles should be
considered.
Committee Meeting times Staff Liaison 2023 Council
Liaisons
Affordable Housing 3rd Wednesday at 6:00 Kelsey Meaghan
Bicycle & Pedestrian 2nd Wednesday at 5:30 Erica Tyler
City Charter As needed Jessie/Colin Meaghan
Common Area for Dogs 2nd Tuesday at 6:00 Adam Helen
Economic Development 2nd Tuesday at 5:30 Ilona Tim
Energy 2nd Wednesday at 6:30 Nick Andrew
Housing Trust Fund As needed Jessie Meaghan
Natural Resource & Conservation 1st Wednesday at 6:00 Dave Andrew
Pension Advisory Quarterly, Tuesdays at 2:00 Martha Tim
Planning Commission 2nd and 4th Tuesdays at 7:00 Paul Helen
Public Art 3rd Tuesday at 6:30 Ilona Tim
Recreation & Park 2nd Monday at 5:00 Adam Tyler