HomeMy WebLinkAbout2026-03-17 Town Council Evening Meeting Agenda and Supporting Documentation1.Call to Order (6:00pm)
2.Public Participation (6:00pm)
2.1 Public Participation (10 min.)
3.Any action as a result of Executive Session
4.Appointments for Boards & Commissions (6:10pm)
4.1 Art In Public Places (AIPP) Appointments
Motion to appoint three members to service on the AIPP Board
for a two-year term, ending March 31, 2028.
4.2 Design Review Board (DRB) Appointments
Motion to approve three members to service on the DRB for a
two-year term, ending March 31, 2028.
5.Consent Agenda (6:10pm)
5.1 Resolution No. 6, Series of 2026, A Resolution Approving
a Mutual Interest Agreement between the Town of Vail and
the United States Forest Service (the "USFS") Regarding
the Utilization of Prescribed Fire Treatment on Town Land
Approve, approve with amendments, or deny Resolution No. 6,
Series of 2026.
5.2 Resolution No. 7, Series of 2026, A Resolution Approving
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Vail Town Council Chambers and virtually by Zoom.
Zoom meeting link: https://vail.zoom.us/webinar/register/WN_yX09lCAtRz-m4jOY1UjUhw
6:00 PM, March 17, 2026
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Public participation offers an opportunity for attendees to express opinions or ask questions regarding
town services, policies or other matters of community concern that are not on the agenda. Please keep
comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting
and to allow equal opportunity for everyone wishing to speak.
Public Participation.pdf
Memo.pdf
Resolution No 6 Series 2026 USFS IGA.docx
Wyden Agreement Council Packet.pdf
1
an Intergovernmental Agreement between the Town of
Vail the State of Colorado, Colorado Department of Parks
and Wildlife, Regarding the Bighorn Sheep Winter Range
Enhancement Project
Approve, approve with amendments, or deny Resolution No. 7,
Series of 2026.
Background: The purpose of this memorandum is to present
for approval Resolution No. 7, which establishes the
partnership between Colorado Parks and Wildlife and the
Town of Vail for the Bighorn Sheep Winter Range
Enhancement Project (also known as the Booth Creek Fuels
Project).
5.3 Resolution No. 8, Series of 2026, A Resolution of the Vail
Town Council Adopting an Updated Land Use Application
Fee Schedule
Approve, approve with amendments, or deny Resolution No. 8,
Series of 2026.
Background: An update to Town’s Land Use Fee Schedule to
contemplate amendments to Reimbursement/Pass through
Accounts fees and protocols.
5.4 Contract Award to A-1 Chipseal Co. for the 2026 Slurry
Seal Project
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with A-1 Chipseal Co. for
the 2026 Slurry Seal project, in an amount not to exceed
$163,370.00.
Background: This contract is for this year's asphalt
preventative maintenance project. Roads included in this
year's project are Arosa Dr, Davos Dr, Cortina Ln, Garmisch
Dr, Chamonix Rd, Chamonix Ln, St. Moritz Way, and Circle Dr.
5.5 Contract Award to A Peak Asphalt for On Call Asphalt
Repair
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with A Peak Asphalt for
On-Call Asphalt Repair, in an amount not to exceed
$125,000.00.
Background: This contract is to provide asphalt roadway
patching as directed by Town Staff as needed throughout the
Town of Vail.
6.Action Items (6:10pm)
6.1 Resolution No. 9, Series of 2026, A Resolution Approving 20 min.
CPW IGA Memo 031726.docx
Resolution No 7 Series 2026 DPW IGA.docx
CPW-TOV_IGA.pdf
Land Use Fees-R031226.docx
Land Use Fee Schedule (GR 031326).docx
council memo-slurry 2026.pdf
Council memo on call asphalt 2026.pdf
2
an Operating Agreement with Vail Recreation District for
Dobson Arena (6:10pm)
Approve, approve with amendments, or deny Resolution No. 9,
Series of 2026.
Presenter(s): Kathleen Halloran, Deputy Town Manager
Background: The purpose of this discussion is to recap the
major deal points with the Vail Recreation District (VRD) for
the operations of Dobson Arena.
6.2 Permission to Proceed Tyrolean Project (6:30pm)20 min.
Approve, approve with amendments, or deny permission to
proceed.
Presenter(s): Greg Roy, Planning Manager
Background: The applicant, Tyrolean HOA, represented by Ric
Fields, are requesting approval for permission to rebuild the
stairs from their building, located at 400 Vail Valley Drive,
down to the Gore Creek Path. The existing stairs are entirely
on Town property, partly within Vail Valley right-of-way, and
partly on Town of Vail Stream Tract.
7.Adjournment 6:50pm (estimate)
260317_Dobson_Op_Agr.docx
260317 Dobson Op Agreement.pptx
Resolution_No_9_Series_2026_VRD_DOBSON.docx
260317 Dobson Agreement for Council.docx
Council Memo - Tyrolean Stairs Permission.pdf
Attachment A. Applicant Narrative.pdf
Attachment B. Existing Conditions.pdf
Attachment C. Policy for the Use of Town Property.pdf
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vail.gov. All Town Council meetings will be streamed live by High Five Access Media and available
for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access
Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2460 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
3
AGENDA ITEM NO. 2.1
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Public Participation (6:00pm)
SUBJECT:Public Participation (10 min.)
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Public Participation.pdf
4
From:Linda Sage
To:Public Input Town Council
Cc:Council Dist List; Heather L. Knight
Subject:incite into concert hall plaza- what allowed and not allowed-
Date:Thursday, March 5, 2026 3:43:22 PM
Attachments:IMG_1503.PNG
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Sent from my iPad
5
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From:Ale Sarmiento
To:Public Input Town Council
Subject:SAVE THE RED LION
Date:Thursday, March 5, 2026 3:09:56 PM
Dear Vail Town Council,
I’m writing to express my support for preserving The Red Lion, one of Vail’s most iconic
and beloved local establishments.
Places like The Red Lion are an essential part of what makes Vail special. They are not
only businesses, but gathering places that hold decades of memories for locals and
visitors alike. As rents continue to rise, many long-standing local businesses are finding
it increasingly difficult to remain in the town they helped build.
I respectfully encourage the Town Council to consider solutions that help protect and
preserve these historic establishments. Maintaining spaces like The Red Lion helps
ensure that Vail keeps its unique character, culture, and sense of community for future
generations.
Thank you for your time and for your commitment to the Vail community.
Sincerely,
Alexandra
6
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From:Martha Lbth
To:Public Input Town Council
Subject:Support for Preserving The Red Lion in Vail
Date:Thursday, March 5, 2026 7:39:04 PM
Dear Vail Town Council,
My family has been coming to Vail for more than 50 years, and there is not a single year we
visit without going to The Red Lion. It’s simply part of what Vail means to us.
Places like The Red Lion are the heart of this town. It’s the first restaurant in Vail, a true
landmark, and a place full of memories for generations of families like mine. Its famous
nachos and legendary Avalanche Brownie are more than menu items—they’re traditions that
generations of visitors come back for year after year. These are the kinds of experiences that
cannot be replaced by chain businesses or corporate retail.
The local businesses are what give Vail its character and soul. It’s heartbreaking to see places
like this, and other local businesses like it, slowly disappear while larger companies take over
these spaces. Seeing the Betty Ford Alpine Gardens store close was already unbelievable.
Losing The Red Lion would be another irreplaceable loss for the town.
Please help preserve The Red Lion so it can continue being part of Vail’s story for many years
to come.
Thank you for your consideration.
Sincerely,
Martha Labarthe
7
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From:Britt Evans
To:Public Input Town Council
Subject:Save the Red Lion
Date:Friday, March 6, 2026 12:17:17 PM
Hello,
The Red Lion is a Vail institution and should not be replaced with luxury stores! The Red
Lion has such a classic vibe and gives Vail character. My Aunt lived and skied in vail for
years in the 80s and the Red Lion was her favorite spot. Keep the character of Vail and
preserve this local legend!!
Sincerely,
Britt Evans, PhD
8
From:Amanda Zinn
To:Public Input Town Council
Subject:Fw: *NEW SUBMISSION* General Contact Form
Date:Friday, March 6, 2026 1:56:12 PM
Attachments:Outlook-aeoiwhq2.png
Outlook-4i5udqyi.png
Outlook-org1rhm5.png
Please see email below, thanks!
Amanda Zinn
Welcome Centers and Host Programs Manager
75 S. Frontage Road W.
Vail, Colorado 81657
970.477.3520
970.376.1754 cell
DiscoverVail.com
Vail.gov
From: Vail, CO <noreply@vail.gov>
Sent: Friday, March 6, 2026 12:07 PM
To: Info <info@vail.gov>
Subject: *NEW SUBMISSION* General Contact Form
General Contact Form
Submission #:4672513
IP Address:2a02:26f7:cd4c:7402:0:a800:0:f
Submission Date:03/06/2026 12:07
Survey Time:3 minutes, 40 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Name
Julien Rosso
Email
9
rossoj@pm.me
Phone
(303) 748-8374
Subject
Vail is losing its soul
Message
Hello, as someone who loves Vail and who has been coming here since the early 90s, I wanted to say how sad I am
to see so many local spots closing like Blu Cow. We don’t need more luxury retail stores.
Thank you,
Vail, CO
This is an automated message generated by Granicus. Please do not reply directly to this email.
10
From:Christopher Fahy
To:Public Input Town Council
Subject:Save The Red Lion
Date:Friday, March 6, 2026 2:50:42 PM
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contact Vail IT Department
Dear Council,
I have been coming to Vail with my family since the 1970s. The Red Lion is the heart and soul of what Vail means
to visitors. It is iconic and a pillar of the Vail community. Losing it would be a tremendous blow to what makes Vail
a world class travel destination. Its preservation plays a vital role in transmitting the rich history of Vail to future
generations, and honors the stories that came before us, which in turn fosters Vail’s community identity and
promotes economic growth.
Please do all you can to preserve this meaningful Vail institution.
Regards,
Christopher Fahy
11
From:kbenysh@vail.net
To:Dave Chapin
Cc:Council Dist List
Subject:Re: Red Lion (et.al.)
Date:Tuesday, March 10, 2026 2:49:29 PM
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contact Vail IT Department
Thank you for your reply. Given the path that Vail is on, we will soon
have a town but not a community. I believe with some creative thinking
on the part of the town council and staff and some innovative zoning
ordinances and incentives, this troubling trend can be halted or even
reversed.
Kathryn Benysh
, On 2026-03-10 1:32 pm, Dave Chapin wrote:
> Thanks for your input Kathryn. I wish we could have more say in this.
>
>
> Dave Chapin
> Vail Town Council
>
> -------------------------
>
> From: kbenysh@vail.net <kbenysh@vail.net>
> Sent: Monday, January 19, 2026 2:11:26 PM
> To: Public Input Town Council <publicinput.vailtowncouncil@vail.gov>
> Subject: Red Lion (et.al.)
>
> Caution: This is an external email. Please take care when clicking
> links or opening attachments. When in doubt, contact Vail IT
> Department
>
> Members if the Vail Town Council,
>
> You have the power and the duty to put an end to the plundering of
> Vail's identity, character and history.
>
> Kathryn Benysh
> 51-year East Vail resident
> '
12
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From:Connie Mullinix
To:Public Input Town Council
Subject:Keep Red Lion - PLEASE
Date:Tuesday, March 10, 2026 4:12:26 PM
Vail Town Council,
I feel getting rid of the Red Lion would be a big mistake. It is part of Vail's culture and has been part of the
village since its beginning. It's a wonderful meeting place all year long for food, music and relaxing.
My son brought me to Vail my first time in about 1997 and we had dinner at the Red Lion. I was totally
charmed by the feel of the village and the Red Lion was part of all that.
We have been property owners in Vail since 2003 and our whole extended family enjoys all it has to offer.
Please don't start changing the charm of the village.
Thank you,
Connie Mullinix
13
From:Josie Toubin
To:Public Input Town Council
Subject:Save the Red Lion + Bridge Street
Date:Wednesday, March 11, 2026 6:27:31 PM
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contact Vail IT Department
Vail Town Council,
I am writing to urge you to do everything in your power to prevent the redesign of the Red Lion LLC building. Red
lion restaurant, as you know, has existed since the first season of vail, and my brother and I relish our time spent
having a beer and meal there after a long day on the slopes.
So much of vail has been developed, yet bridge street maintains its character and history between the Red Lion and
Pepis. The Red Lion is a welcome site to anyone who steps off Gondola One, and replacing it with luxury retail
would absolutely kill Vail’s character and charm.
Please imagine this scenario - a skier in her vintage red suit steps off the mountain, changes into her snow shoes at
Buzz’s, and walks into Louis Vuitton. I cannot imagine that the Louis Vuitton sales person would be welcoming of a
tired skier. They would give her dirty looks and make her feel lesser than for daring to walk into their store. Is that
what you want for the visitors to your town? Wouldn’t you rather have the Red Lion, Shakedown Bar, or Big Bear
Bistro welcome them with open arms?
I urge you to use the laws in your power to maintain the buildings character. Keep Vail a welcoming place to the
avid skier who isn’t a billionaire. And if the laws are not in your favor, then pass new ones.
A longtime Vail skier AND hiker,
Josie Toubin
14
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From:Tom Mullinix
To:Public Input Town Council
Subject:Keep the Red Lion please!
Date:Sunday, March 8, 2026 9:19:53 AM
Dear Vail Town Council,
I am writing you about the Red Lion. Please do not get rid of it!
I'm aware there is a discussion to turn the Red Lion bar and restaurant into some high-
end retail clothing stores or similar.
In my opinion, Vail does not need more high-end retail clothing stores. It needs more
bars, restaurants, music venues, hangouts and places that could draw people in to
enjoy the area.
While places like Gucci or similar can pay the high rents, they detract from the overall
fun, cool atmosphere that Vail has and can continue to have.
Please do NOT have Vail move in that direction. The Red Lion has been in Vail for
decades since nearly the beginning of the town as it is.
Please keep the Red Lion in the space it currently is!
Thanks, Tom Mullinix
15
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From:june wasche
To:Public Input Town Council
Subject:Keep the Red Lion
Date:Monday, March 16, 2026 5:46:30 PM
I have been coming to Vail for over 20 years and a must stop each time is "The Red Lion". It's
an icon of Vail.
Everybody loves the vibe there. It offers entertainment, good food and drinks, a social spot.
Please consider doing what you can to keep "The Red Lion".
Thank you
June Wasche
16
AGENDA ITEM NO. 4.1
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Appointments for Boards & Commissions (6:10pm)
SUBJECT:Art In Public Places (AIPP) Appointments
SUGGESTED ACTION:Motion to appoint three members to service on the AIPP Board for a
two-year term, ending March 31, 2028.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
17
AGENDA ITEM NO. 4.2
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Appointments for Boards & Commissions (6:10pm)
SUBJECT:Design Review Board (DRB) Appointments
SUGGESTED ACTION:Motion to approve three members to service on the DRB for a two-
year term, ending March 31, 2028.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
18
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Mark Novak, Fire Department
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Resolution No. 6, Series of 2026, A Resolution Approving a
Mutual Interest Agreement between the Town of Vail and the
United States Forest Service (the "USFS") Regarding the
Utilization of Prescribed Fire Treatment on Town Land
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 6, Series
of 2026.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Memo.pdf
Resolution No 6 Series 2026 USFS IGA.docx
Wyden Agreement Council Packet.pdf
19
To: Town Council
From: Paul Cada, Wildland Battalion Chief
Date: March 2nd, 2026
Subject: Wyden Agreement for the Implementation of the Booth Creek Fuels Reduction
Project
I. Background
Landscape scale high severity wildfire presents one of the highest risks to Vail of all natural
hazards. Over the past 6 years the Town of Vail and the United States Forest Service have
been collaboratively working to plan and now implement a landscape scale fuels reduction
project in the Booth Creek area of Vail. In May of 2023 the USFS signed a record of decision
authorizing the treatment of up to 3,059 acres of USFS managed land between the Red
Sandstone Drainage and Pitkin Creek. The environmental planning document identified a
combination of mechanical and hand treatments as well as the large scale use of broadcast
prescribed fire to achieve the objective of reducing wildfire risk to the community, creating
compartmentalization on the landscape and reintroducing fire into a fire adapted ecosystem.
To achieve these goals and implement the approved project The Town of Vail and the United
States Forest Service wish to enter into a Wyden agreement. The Wyden Agreement provide a
framework for the parties to cooperatively implement broadcast prescribed fire across
jurisdictional boundaries. The Non-Funded agreement does not require a cash match by the
Town of Vail but allows USFS non-cash contributions to be expended on TOV lands associated
with the project. Vail Fire and Emergency Services will provide a non-cash match through
activities of the VFES wildland program.
II. Recommend Action
Vail Fire and Emergency Services recommends that the Town Council approve and enter into
the attached agreement.
20
RESOLUTION NO. 6
Series of 2026
A RESOLUTION APPROVING A MUTUAL INTEREST AGREEMENT BETWEEN THE
TOWN OF VAIL AND THE UNITED STATES FOREST SERVICE (THE “USFS”)
REGARDING THE UTILIZATION OF PRESCRIBED FIRE TREATMENT ON TOWN LAND
WHEREAS, the USFS has primary responsibility for protection, management,
restoration, and improvement of National Forest System lands;
WHEREAS, the Town has primary responsibility for protection, management,
restoration, and improvement of their lands; and
WHEREAS, the Town and the USFS wish to cooperate according to the terms of the
Mutual Interest Agreement, attached hereto as Exhibit A and incorporated herein by this
reference (the “IGA”), to treat the entire area (inclusive of the Town’s land) for fuels reduction
which will have a direct benefit to the National Forest System lands and surrounding
watershed.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA, in substantially the same
form as attached hereto as Exhibit A and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 17th day of March 2026.
_________________________
Barry Davis, Mayor
ATTEST:
________________________________
Stephanie Kauffman, Town Clerk
21
Page 1 of 2For technical questions and Section 508 accommodation, please contact File Code:1500 SM.FS.fseforms@usda.gov
GRANT OR AGREEMENT AWARD COVER SHEET
FS-1500-0100
OMB No. 0596-0217
EXP: 05/31/2027
IDENTIFICATION INFORMATION
1. Federal Award Identification Number (FAIN):
(Agreement Number)26-PA-11021500-018 2. Cooperator Agreement/Instrument #:
3. New ✔Modification Mod. Number
FFA Award Master Stand-Alone SPA
4. Instrument (Project) Title:
Fuels Reduction Project
5. Authority U.S.C and Title:
Wyden Amendment, 16 U.S.C. 1011a
6. Assistance Listing Number and Title:
10.699, Partnership Agreements.
7. Cooperator/Recipient Information (Must match SAM.gov):
Name: TOWN OF VAIL
Address:75 S Frontage RD W
City: Vail State CO Zip:81657
8. U.S. Forest Service Unit Address (where the work is being managed):
Name: White River National Forest
Address:900 Grand Avenue
City: Glenwood Springs State CO Zip:81601
9. Cooperator Unique Entity Identifier (UEI): R17RS3JCQZ68 10. Master Agreement Number if SPA:
11. Period of Performance Start Date:
Execution Date:Expiration Date:12/31/2030
12. Master Agreement Expiration Date:
(SPA expiration date cannot exceed the Master)
13. Cooperator Program Manager:
Name: Paul Cada Phone: (970) 477-3475
Email: pcada@vail.gov
14. U.S. Forest Service Program Manager:
Name: Clark Woolley Phone: (970) 945-9803
Email: clark.woolley@usda.gov
FINANCIAL INFORMATION
15. Federal Funding to be Obligated to Cooperator:
17. Payment Method:
No Funds ✔Reimbursable Advance Advance Period
19. Program Income/Revenue: No ✔Yes
16. Cooperator Contribution Funds:
18. Cooperator Match Percentage:
20. Cooperator Indirect Cost Rate (approved rate charged to award):
De minimis Supported NICRA Rate 00.00%
REPORTING REQUIREMENTS
21. Performance Report Frequency:
Quarterly Semi-Annual Annual N/A ✔
22. Financial Report Frequency:
Quarterly Semi-Annual Annual N/A ✔
ATTACHMENTS
The attachments listed below are hereby incorporated and made a part of this instrument.
23. REQUIRED FOR ALL INSTRUMENTS:
USDA FFA/MIA General Terms and Conditions✔
FS FFA/MIA/R&D General Terms and Conditions✔
Purpose/Scope of Work Narrative✔
Budget/Financial Plan✔
Other (specify):
24. REQUIRED DEPENDENT ON INSTRUMENT TYPE:
Statement of Mutual Benefit and Interest✔
Federal Financial Assistance Forms/Assurances
TFPA/638 Project Proposals
Modification Purpose and/or Description
Other (specify):
25. By signing this instrument, the signer certifies that they are vested with the authority to enter into this instrument.
Cooperator Signature:Name and Title:
RUSSELL FORREST, Town Manager
Town of Vail, Colorado Date:
26. This instrument, subject to the provisions above, is executed by The U.S. Forest Service Authorized Signatory:
Signature:
U.S. Forest Service Signatory Official (SO) Name and Title:
BRIAN GLASPELL, Forest Supervisor
U.S. Forest Service, White River National Forest
Date:
27. The authority and format of this instrument have been reviewed and approved for signature.
Signature:
U.S. Forest Service Grants Management Specialist Name:
ALEX SPECHT Date:
22
FS-1500-0100 (REV. 01/2026)
Page 2 of 2SM.FS.fseforms@usda.govFor technical questions and Section 508 accommodation, please contact File Code:1500
Additional Contacts (if applicable):
28. Cooperator Program Manager:
Name: Phone:
Email:
29. U.S. Forest Service Program Manager:
Name:Dan Nielsen Phone:(970) 309-8198
Email:Daniel.nielsen2@usda.gov
30. Cooperator Program Manager:
Name: Phone:
Email:
31. U.S. Forest Service Program Manager:
Name: Phone:
Email:
Any additional contacts shall be included in an attachment to this instrument.
Additional Signatories (if applicable):
By signing this instrument, the signer certifies that they are vested with the authority to enter into this instrument.
32. Cooperator Signature:Name and Title:Date:
33. Cooperator Signature:Name and Title:Date:
This instrument, subject to the provisions above, is executed by The U.S. Forest Service Authorized Signatory:
34. Signature:
U.S. Forest Service Signatory Official (SO) Name and Title:
Date:
35. Signature:
U.S. Forest Service Grants Management Specialist Name:
Date:
Any additional signatories shall be included in an attachment to this instrument.
PAPERWORK REDUCTION ACT STATEMENT
According to the Paperwork Reduction Act of 1995, a Federal agency may not conduct or sponsor, and a person is not required to respond to,
an information collection request unless it displays a valid Office of Management and Budget (OMB) control number. The valid OMB control
number for this information collection request is 0596-0217. Response to this information collection request is mandatory to obtain or retain
benefits. The authority for this information collection request is Paperwork Reduction Act (Pub. L. No. 96-511, 94 Stat. 2812, as amended by
Pub. L. 104-13) 44 U.S.C. §§ 3501–3521. The time required to complete this information collection request is estimated to average 3 hours per
response, including the time for reviewing instructions, searching existing data sources, collecting and maintaining the data needed, and
completing and reviewing the information collection request. Send comments regarding this burden estimate or any other aspect of this
information collection request, including suggestions for reducing the burden, to Forest Service Information Collections Officer,
SM.FS.InfoCollect@usda.gov, with OMB control number 0596-0217 in the subject line.
NONDISCRIMINATION STATEMENT
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program,
political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply
to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American
Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA
through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a
Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information
requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail:
U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C.
20250-9410; (2) fax: (202) 690-7442; or (3) email:program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
23
USDA, Forest Service
Page 1 of 3
FS Agreement No. 26-PA-11021500-018
MUTUAL INTEREST AGREEMENT
Background: In order to increase operational efficiencies, the U.S. Forest Service desires to
access a prescribed burn project and treat acres of privately owned land at the same time as the
surrounding National Forest System Lands are treated with prescribed fire.
I. PURPOSE:
The purpose of this agreement is to document the cooperation between the parties, in
accordance with the following statement of work and financial plan, to utilize prescribed
fire to treat acres on local government land.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
Whereas, the U.S. Forest Service has primary responsibility for protection, management,
restoration, and improvement of National Forest System lands; and
Whereas, the Town has/have primary responsibility for protection, management,
restoration, and improvement of their lands; and
Whereas, it is agreed that the benefits of treating the entire area (inclusive of the Town’s
land) for fuels reduction which will have a direct benefit to the National Forest System
lands and surrounding watershed.
In consideration of the above premises, the parties agree as follows:
III. THE TOWN OF VAIL SHALL:
A. Allow U.S. Forest Service and U.S. Wildland Fire Service personnel access to local
government lands to be included in the prescribed burn project area
B. Allow U.S. Forest Service and U.S. Wildland Fire Service personnel to mitigate around fence
post and various infrastructure and access the project area through the Town’s property if
necessary and implement prescribed fire on local government lands as depicted in the
attached Prescribed Burn Plan.
III. THE FOREST SERVICE SHALL:
A. Perform in accordance with the attached and hereby incorporated Burn Plan.
B. Allow the U.S. Forest Service and U.S. Wildland Fire Service and Town’s personnel to
access the project through Landowner’s property: prior to prescribed burn implementation,
during prescribed fire implementation to conduct prescribed fire operations and to execute
24
USDA, Forest Service
Page 2 of 3
possible mitigation actions around fence post and various infrastructure; and after
implementation to ensure that the project is properly mopped up and controlled.
C. Provide the Town a minimum of 24 hours advance notice of intent to enter onto the Town’s
lands.
D. Provide a copy of the Booth Creek Burn plan to the Town upon request. The burn plan
outlines all the measures that will be taken to safety implement the project.
E. Coordinate burn implementation with cooperating parties. The U.S. Forest Service, U.S.
Wildland Fire Service, and Town’s personnel will provide all equipment and personnel to
implement the Operating plan and Prescribed Burn.
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
A. U.S. DEPARTMENT OF AGRICULTURE GENERAL TERMS AND
CONDITIONS. In accordance with Secretarial Memorandum 1078-021, the USDA
General Terms & Conditions for Mutual Interest Agreements dated ______________,
and its implementing regulations, 2 CFR 400, apply to the Cooperator and any sub-
awardees and/or sub-contractors under this agreement. These Departmental policies and
regulatory requirements are incorporated by reference into this agreement as if fully set
forth in this agreement and located at: https://www.usda.gov/about-usda/general-
information/staff-offices/office-chief-financial-officer/federal-financial-assistance-
policy/usda-general-terms-and-
conditions?utm_medium=email&utm_source=govdelivery
B. FOREST SERVICE GENERAL TERMS AND CONDITIONS. The Forest Service
General Terms & Conditions Mutual Interest Agreement or Research and Development
dated _____________, and its implementing regulations, apply to the Cooperator and any
sub-awardees and/or sub-contractors under this agreement. These federal policies and
regulatory requirements are incorporated by reference into this agreement as if fully set
forth in this agreement, located at https://www.fs.usda.gov/working-with-us/grants/terms-
conditions
C. Mutually agree to the Burn Plan, and to any agreed upon revision thereof. If the revision
to the Plan does not materially affect the purpose and/or terms of the agreement, but
rather only revises the implementation of the treatment, then a modification to this
agreement is not necessary. The most recent revision of the Plan will automatically be
incorporated into this agreement and a copy will be provided to the Town.
D. Agree that if a conflict regarding treatment implementation should arise between the Plan
and this agreement, the Plan prevails.
E. Not transfer funds to the other party under this agreement.
F. Jointly ensure that the fire prescription is being met at the time of ignition and that
25
USDA, Forest Service
Page 3 of 3
ignitions are appropriate and is documented using the go-no-go checklist or other burn
plan documentation.
STATEMENT OF WORK
To implement the U.S. Forest Service, White River National Forest, Prescribed Fire Plan on
National Forest System Lands and adject Town of Vail lands, it is the best interest of fire
personnel and landowner to work cooperatively and outline objectives to obtain best and safest
burn results.
PROJECT SPECIFICS:
U.S. FOREST SERVICE SHALL:
a. Complete the Prescribed Fire Plan.
b. Notify the Landowner when burning has been completed and if any damage
incurred to Landowner's property. Parties will meet and discuss if there are
damages to the landowner's property. U.S. Forest Service will work with the
Landowner and will fix and/or replace damage property, as applicable.
LANDOWNER SHALL:
c. Allow U.S. Forest Service access to Landowner’s prescribed burn area through
Landowners property.
d. Provide final inspection of burn project.
TERM OF OPERATING PLAN: The project work will be completed during the period
starting date of final signature and ending at the expiration of the agreement.
DESCRIPTION OF THE LANDS INVOLVED IN THIS AGREEMENT ARE:
LEGAL LOCATION: LATITUDE: LONGTITUDE:
Approximately 500 acres located in
Township 5 South, Range 80 West
39o38’36.12” 106o21’08.00”
MAP:
26
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Definitions for the Matrix Column Headings:
Instructions: Use this form in conjunction with Forest Service Handbook (FSH) 1509.11, Ch. 70, Financial
Planning Requirements, for participating, challenge cost-share, joint venture, and cost-reimbursable agreements.
This form may be used for other types of Forest Service Manual 1580 agreements, when useful. Choose one of
the three (3) financial plan versions and complete. Each version requires identical information and result in
calculations and cost analysis that are the same. Version 1 cost analysis data values are automatically entered
into the financial plan matrix. Version 2 requires manual entry of the cost analysis data values into the financial
plan matrix. Version 3 should be used if there are multiple Cooperators. Users do not have to use or print
versions/sheets that are not applicable to their agreement.
The purpose of this form is to capture the total estimated value of the proposed agreement. Once the agreement
is approved, in writing, by the parties, then this financial plan becomes the financial estimates for the agreement.
This financial plan must display the parties' expected contributions to the agreement. These contributions should
be broken down by party contribution type (e.g., non-cash, in-kind, cash to cooperator), see below for definitions,
and cost elements (e.g., salaries, supplies, travel). Cost element values should be the result of documented cost
analysis on this form. Each financial plan version provides samples of cost analysis calculations, see associated
Excel comment balloons. Additional instructions are located on version 1 cost analysis tabs.
(a) Forest Service Noncash Contribution: Forest Service noncash contributions may consist of employee
salaries, overhead (indirect), travel provided, and/or equipment and supplies purchased and provided to the
Cooperator for use in the project. These costs are an expense to the Forest Service, but do not include funding
for reimbursement of Cooperator expenses.
(b) Forest Service Cash to Cooperator: This is the maximum amount of funding that will be reimbursed or
advanced by the Forest Service to the Cooperator. This is an expense to the Forest Service.
(c) Cooperator Noncash Contribution: These are expenses the Cooperator incurs that are contributed to the
project in lieu of cash, but for which costs are incurred, such as employee salaries, overhead (indirect costs),
travel, equipment, supplies, and so forth. These do not include in-kind contributions from third parties, such as
donations from other entities or volunteer labor. All the costs listed here are an expense to the Cooperator.
(d) Cooperator In-Kind Contribution: In-kind contribution provided to the Cooperator from a third party
organization(s) for use in the project for which the Cooperator has incurred no expense. Value assessed for
volunteer labor and donated materials, equipment and supplies should be valued based on FSH 1509.11, Ch. 70.
These values are not reimbursable and can only be used to satisfy the Cooperator's matching requirement.
Display these contributions by Cost Element Expenditures.
(e) Total Project Value: The sum of all the values provided toward the project. This figure reflects the true
estimated cost of the project.
27
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Definitions for Cost Allowability
(c) Reasonable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms,
associated with an agreement, that, in its nature and amount, does not exceed an amount that a prudent person,
under the circumstances prevailing at the time the decision was made, would incur. Other factors to consider are:
Whether the cost is of a type generally recognized as ordinary and necessary for the entity’s operation or
agreement performance; The restraints or requirements imposed by factors such as generally accepted, sound,
business practices; arms-length bargaining; Federal and State laws and regulations; and the terms and conditions
of the agreement; Market prices or industry standard costs for similar goods and services (that is, is the
cooperator offering goods or services for an amount that exceeds what is readily available in the marketplace);
Whether individuals concerned acted with prudence under the circumstances, considering their responsibilities to
the entity; its members, employees, and clients; the public; and the government; and Significant deviations from
established practices of the governmental entity that might unjustifiably increase costs charged to the agreement.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-
0217. The time required to complete this information collection is estimated to average 45 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. The U.S.Department of Agriculture (USDA)prohibits discrimination in all its programs and activities on the basis of
race, color, national origin, age,disability,and where applicable,sex,marital status,familial status, parental status, religion, sexual
orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public
assistance.(Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of
program information (Braille,large print, audiotape,etc.)should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).To file
a complaint of discrimination,write USDA,Director,Office of Civil Rights, 1400 Independence Avenue,SW,Washington,DC 20250-9410 or
call toll free (866) 632-9992 (voice).TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD)or (866)
377-8642 (relay voice). USDA is an equal opportunity provider and employer.
Burden Statement
(a) Allowable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms,
associated with an agreement, which meets the criteria for authorized expenditures specific in a cost principle
methodology. Generally, it meets the cost principle methodology, and is a cost the parties to an agreement intend
to charge, and must be: Reasonable for the performance of the award; Necessary and reasonable for proper and
efficient performance and administration of the agreement; Consistently treated as either a direct or indirect cost;
Generally, determined in accordance with generally accepted accounting principles (GAAP);
Net of all applicable credits (that is, less any future rebates from the purchase of goods or services); Separate
from a cost or from a cost-sharing/matching requirement of another Federal award or agreement, unless
otherwise permitted by Federal law or regulation; Adequately documented; Authorized or not prohibited by
Federal, State, or local laws and regulations; Compliant with limits or exclusions on types or amounts of costs, as
set forth in relevant Federal laws, agreement terms and conditions, or other governing regulations (examples of
such costs include: entertainment, alcohol, and taxes); and,Consistent with the agency’s and cooperator’s
internal policies, regulations, and procedures that apply to both Federal awards or agreements and other
cooperator activities.
(b) Allocable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms,
associated with an agreement, which in accordance with the relative benefit received by either party for the award,
is treated consistently with other costs incurred for the same purpose and in like circumstances, and if it: Is
incurred specifically for the award; Benefits both the award and other ancillary work, and the cost may be
distributed in reasonable proportion to the benefits received (an example of this type of cost is a piece of
equipment that is used for multiple projects); or Necessary to the overall operation of the organization, although a
direct relationship to any particular cost objective may not be shown.
28
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Attachment:Financial Plan
USFS Agreement No.:Mod. No.:
Cooperator Agreement No.:
Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s).
(a) (b)(c)(d)
Cash
COST ELEMENTS Noncash to Noncash In-Kind
Direct Costs Cooperator
Salaries/Labor $7,430.00 $0.00 $750.00 $0.00 $8,180.00
Travel $225.00 $0.00 $0.00 $0.00 $225.00
Equipment $1,400.00 $0.00 $0.00 $0.00 $1,400.00
Supplies/Materials $300.00 $0.00 $0.00 $0.00 $300.00
Printing $0.00 $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00 $0.00
Subtotal $9,355.00 $0.00 $750.00 $0.00 $10,105.00
Coop Indirect Costs $0.00 $0.00 $0.00
FS Overhead Costs $1,403.25 $1,403.25
Total $10,758.25 $0.00 $750.00 $0.00
$11,508.25
(a+b) ÷ (e) = (f)
Total Cooperator Share
(c+d) ÷ (e) = (g)
Total (f+g) = (h)
100.00%
(h)
(g)
Matching Costs Determination
Total Forest Service Share =(f)
93.48%
Total Project Value:
(e)
Total
6.52%
Agreements Financial Plan (Short Form)
26-PA-11021500-018
Note: This Financial Plan may be used when:
(1) No program income is expected and
(2) The Cooperator is not giving cash to the FS and
(3) There is no other Federal funding
FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS
Page 3
29
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Page 4
30
Standard Calculation
Job Description Cost/Day # of Days Total
FS Fuels Specialist $375.00 2.00 $750.00
FS Fuels Planner $340.00 2.00 $680.00
UCR Fueks Crew $3,000.00 2.00 $6,000.00
Non-Standard Calculation
Total Salaries/Labor $7,430.00
Standard Calculation
Travel Expense Employees Cost/Trip # of Trips Total
GOV 3 $25.00 3.00 $225.00
$0.00
Non-Standard Calculation
Total Travel $225.00
Piece of Equipment # of Units Cost/Day # of Days Total
UCR Fuels Equipment $700.00 2.00 $1,400.00
Total Equipment $1,400.00
Supplies/Materials # of Items Cost/Item Total
WORKSHEET FOR
Standard Calculation
Standard Calculation
Non-Standard Calculation
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the
matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be
added or deleted as needed. The Standard Calculation sections provide a standardized formula for
determing a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically.
The Non-Standard Calculation sections provide a write-in area for line items that require a calculation
formula that is other than the standardized formules, e.g. instead of salaries being calculated by
cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on
days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when
entering in a Non-Standard Calculation, and provide a brief explanation of units used to make
calculation, e.g. '1 month contract,' on a line below the figures.
FS Non-Cash Contribution Cost Analysis, Column (a)
Equipment
Travel
Salaries/Labor
Supplies/Materials
31
Supplies/Materials 1.00 $300.00 $300.00
Total Supplies/Materials $300.00
Paper Material # of Units Cost/Unit Total
$0.00
Total Printing $0.00
Item # of Units Cost/Unit Total
$0.00
Total Other $0.00
Current Overhead Rate Total
15.00%$1,403.25
Total FS Overhead Costs $1,403.25
Standard Calculation
Standard Calculation
Non-Standard Calculation
Non-Standard Calculation
$9,355.00
Subtotal Direct Costs
Forest Service Overhead Costs
TOTAL COST $10,758.25
Printing
Other Expenses
Subtotal Direct Costs
$9,355.00
Non-Standard Calculation
32
Job Description Cost/Day # of Days Total
$0.00
$0.00
Total Salaries/Labor $0.00
Travel Expense Employees Cost/Trip # of Trips Total
$0.00
Total Travel $0.00
Piece of Equipment # of Units Cost/Day # of Days Total
$0.00
$0.00
Total Equipment $0.00
Supplies/Materials # of Items Cost/Item Total
WORKSHEET FOR
Non-Standard Calculation
Non-Standard Calculation
Non-Standard Calculation
FS Cash to the Cooperator Cost Analysis, Column (b)
Salaries/Labor
Travel
Equipment
Supplies/Materials
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix.
NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or
deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line
item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-Standard
Calculation sections provide a write-in area for line items that require a calculation formula that is other than
the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs may be
calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x
$1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation,
and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the
figures.
Standard Calculation
Standard Calculation
Standard Calculation
Standard Calculation
33
$0.00
$0.00
Total Supplies/Materials $0.00
Paper Material # of Units Cost/Unit Total
$0.00
$0.00
Total Printing $0.00
Item # of Units Cost/Unit Total
Total:
$0.00
$0.00
Total Other $0.00
Current Overhead Rate Total
$0.00
$0.00
Standard Calculation
Standard Calculation
Non-Standard Calculation
Non-Standard Calculation
Printing
TOTAL COST $0.00
$0.00
Total Coop. Indirect Costs
Other Expenses
Subtotal Direct Costs
Cooperator Indirect Costs
Subtotal Direct Costs
Non-Standard Calculation
34
Job Description Task Cost/Day # of Days
RX Project Oversite $375.00 2.00
Total Salaries/Labor
Travel Expense Employees Cost/Trip # of Trips
Total Travel
Piece of Equipment # of Units Cost/Day # of Days
WORKSHEET FOR
Non-Standard Calculation
Non-Standard Calculation
Non-Standard Calculation
Cooperator Non-Cash Contribution Cost Analysis,
Salaries/Labor
Travel
Equipment
Use this worksheet to perform the cost analysis that supports the lump sum figures provided
This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items
as needed. The Standard Calculation sections provide a standardized formula for determing
cost/day x # of days=total, where the total is calculated automatically. The Non-Standard Ca
a write-in area for line items that require a calculation formula that is other than the standard
instead of salaries being calculated by cost/day x # of days, costs may be calculated simply
is not dependent on days worked, such as 1 employee x $1,200/contract= $1,200. Be sure t
when entering in a Non-Standard Calculation, and provide a brief explanation of units used t
month contract,' on a line below the figures.
Standard Calculation
Standard Calculation
Standard Calculation
35
Total Equipment
Supplies/Materials # of Items Cost/Item
Total Supplies/Materials
Paper Material # of Units Cost/Unit
Total Printing
Item # of Units Cost/Unit
Total Other
Current Overhead Rate Applicable Subawards
0.00%
Non-Standard Calculation
Supplies/Materials
Standard Calculation
Non-Standard Calculation
Standard Calculation
Printing
TOTAL COST $750.00
$750.
Total Coop. Indirect Costs
Other Expenses
Subtotal Direct Costs
Cooperator Indirect Costs
Subtotal Direct Costs
$0.00
Non-Standard Calculation
Standard Calculation
36
Total
$750.00
$0.00
$0.00
$750.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
, Column (c)
d in the matrix. NOTE:
may be added or deleted
g a line item's cost, e.g.
alculation sections provide
dized formules, e.g.
by a contracted value that
to review your calculations
to make calculation, e.g. '1
37
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
$0.00
$0.00
Total
$0.00
$0.00
Total
$0.00
00
38
Job Description Cost/Day # of Days Total
$0.00
$0.00
$0.00
$0.00
$0.00
Total Salaries/Labor $0.00
Travel Expense Employees Cost/Trip # of Trips Total
$0.00
$0.00
$0.00
$0.00
$0.00
Total Travel $0.00
Piece of Equipment # of Units Cost/Day # of Days Total
$0.00
$0.00
$0.00
$0.00
$0.00
WORKSHEET FOR
Non-Standard Calculation
Non-Standard Calculation
Cooperator In-Kind Contribution Cost Analysis, Column (d)
Salaries/Labor
Travel
Equipment
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix.
NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added
or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a
line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-
Standard Calculation sections provide a write-in area for line items that require a calculation formula that is
other than the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs
may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee
x $1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard
Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a
line below the figures.
Standard Calculation
Standard Calculation
Standard Calculation
39
Total Equipment $0.00
Supplies/Materials # of Items Cost/Item Total
$0.00
$0.00
$0.00
$0.00
Total Supplies/Materials $0.00
Paper Material # of Units Cost/Unit Total
$0.00
Total Printing $0.00
Item # of Units Cost/Unit Total
$0.00
$0.00
$0.00
$0.00
Total Other $0.00
Standard Calculation
Standard Calculation
Non-Standard Calculation
Non-Standard Calculation
Non-Standard Calculation
Printing
Supplies/Materials
Standard Calculation
TOTAL COST $0.00
$0.00
Other Expenses
Subtotal Direct Costs
Non-Standard Calculation
40
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Attachment:
USFS Agreement No.:Mod. No.:
Cooperator Agreement No.:
Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s).
(a) (b)(c)(d)
Cash
COST ELEMENTS Noncash to Noncash In-Kind
Direct Costs Cooperator
Salaries/Labor $0.00
Travel $0.00
Equipment $0.00
Supplies/Materials $0.00
Printing $0.00
Other $0.00
Other $0.00
Subtotal $0.00 $0.00 $0.00 $0.00 $0.00
Coop Indirect Costs $0.00
FS Overhead Costs $0.00
Total $0.00 $0.00 $0.00 $0.00
$0.00
(f)
(a+b) ÷ (e) = (f)#DIV/0!
Total Cooperator Share (g)
(c+d) ÷ (e) = (g)#DIV/0!
Total (f+g) = (h)(h)
#DIV/0!
Agreements Financial Plan (Short Form)
FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS
Total Project Value:
Note: This Financial Plan may be used when:
(1) No program income is expected and
(2) The Cooperator is not giving cash to the FS and
(3) There is no other Federal funding
Matching Costs Determination
Total Forest Service Share =
(e)
Total
Page 15
41
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Column (a)
Column (b)
Column (c)
Column (d)
2. Cost Analysis:
Use the following section to show additional information that supports the lump sum figures provided above. The following
Cost Analysis boxes, (a)-(d), should provide a cost analysis of the corresponding matrix columns, (a)-(d), above, e.g. matrix column
(a) FS Non-Cash Contribution should be analyzed under block (a), below, and matrix column (b) FS In-Kind Contribution should be
analyzed under block (b), below, etc. Furthermore, each cost analysis box, below, should have clear labels indicating which cost
element, above, is being analyzed, e.g. Salary/Labor = hrs or days x rate; Travel = miles x rate, or months x FOR rate (that is, days x
per diem rate; Equipment Use = hrs or days x rate; Supplies & Materials--list of items and estimated cost; Printing = estimated cost
per item; Indirect Cost = Direct cost x current indirect rate.
If necessary, add additional sheets for cost analysis. To compress any unwanted portion(s) of this section, highlight the
section to be hidden, then select "Format", "Row", and "Hide" from the toolbar.
Forest
Service
Noncash
Contribution
Forest
Service
Cash to
Cooperator
Cooperator
Noncash
Contribution
Cooperator
Third Party
In-Kind
Contribution
Page 16
42
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Attachment:
USFS Agreement No.:Mod. No.:
Cooperator Agreement No.:
Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s).
(a) (b)(c)(d)(e)(f)
Cash
COST ELEMENTS Noncash to Noncash In-Kind Noncash In-Kind
Direct Costs Cooperator
Salaries/Labor $0.00
Travel $0.00
Equipment $0.00
Supplies/Materials $0.00
Printing $0.00
Other $0.00
Other $0.00
Subtotal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Coop Indirect Costs $0.00
FS Overhead Costs $0.00
Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00
(h)
(a+b) ÷ (g) = (h)#DIV/0!
Total Cooperator Share (i)
(c+d+e+f) ÷ (g) = (i)#DIV/0!
Total (h+i) = (j)(j)
#DIV/0!
Note: This Financial Plan may be used when:
(1) No program income is expected and
(2) The Cooperator is not giving cash to the FS and
(3) There is no other Federal funding
Agreements Financial Plan (Short Form)
FOREST SERVICE CONTRIBUTIONS COOPERATOR 1 CONTRIBUTIONS COOPERATOR 2 CONTRIBUTIONS
(g)
Total
Total Project Value:
Matching Costs Determination
Total Forest Service Share =
Page 17
43
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Column (a)
Column (b)
Column (c)
Column (d)
If necessary, add additional sheets for cost analysis. To compress any unwanted portion(s) of this section, highlight the section to be hidden, then select
"Format", "Row", and "Hide" from the toolbar.
Forest
Service
Noncash
Contribution
Forest
Service Cash
to
Cooperator
Cooperator
Noncash
Contribution
Cooperator
Third Party
In-Kind
Contribution
Use the following section to show additional information that supports the lump sum figures provided above. The following Cost Analysis boxes, (a)-(d), should
provide a cost analysis of the corresponding matrix columns, (a)-(d), above, e.g. matrix column (a) FS Non-Cash Contribution should be analyzed under block (a), below,
and matrix column (b) FS In-Kind Contribution should be analyzed under block (b), below, etc. Furthermore, each cost analysis box, below, should have clear labels
indicating which cost element, above, is being analyzed, e.g. Salary/Labor = hrs or days x rate; Travel = miles x rate, or months x FOR rate (that is, days x per diem rate;
Equipment Use = hrs or days x rate; Supplies & Materials--list of items and estimated cost; Printing = estimated cost per item; Indirect Cost = Direct cost x current indirect
rate.
2. Cost Analysis:
Page 18
44
U.S. Forest Service OMB 0596-0217
FS-1500-17B
Column (e)
Column (f)
Cooperator
Third Party
In-Kind
Contribution
Cooperator
Noncash
Contribution
Page 19
45
.Legend
Town Owned Parcels
USFS Booth C reek Fuels Burn Units
0 1 20.5 Miles
Booth Creek Fuels Wyden Agreement Map
46
SPRADDLE
CREEK
M
i
d
d
l
e
Creek
G o re Creek
32
08
05
05
04
06
33
09
70
M
ill
C
reek
0908
BOOTH
CREEK
PITKIN
SpraddleCreek
G ore Creek
01
01
03
34 36
02
02
30
35
06
31
04
10
70
2012
2 0 1 3
2011
Bald Mtn
12,132
BIGHORN
07
07
10
13
11
11
12
2004
Booth Creek RX USFS and Town of Vail RX Units
Esri, NASA, NGA, USGS, FEMA
Unit 112
Unit 110
Town_of_Vail_Unit_110
Town_of_Vail_Lands
Town_of_Vail_Lands_Shop_Parcel
World_Hillshade
2/19/2026
0 0.65 1.30.33 mi
0 1 20.5 km
1:48,480
47
1
USDA Forest Service
Mutual Interest Agreement
Terms and Conditions
EFFECTIVE: 2/14/2026
TABLE OF CONTENTS
1. OVERVIEW OF GENERAL TERMS AND CONDITIONS FOR MUTUAL INTEREST AGREEMENTS .... 4
1.1. INTRODUCTION ........................................................................................................................... 4
1.2. ORDER OF PRECEDENCE ............................................................................................................. 4
1.3. LEGAL AUTHORITY ...................................................................................................................... 5
1.4. NOTICES ...................................................................................................................................... 5
1.5. PARTICIPATION IN SIMILAR ACTIVITIES ..................................................................................... 5
1.6. USE OF FOREST SERVICE INSIGNIA ............................................................................................ 5
1.7. AVAILABILITY FOR CONSULTATION/ ANNUAL MEETING ........................................................... 6
1.8. BUILDING AND COMPUTER ACCESS BY NON-FOREST SERVICE PERSONNEL .......................... 6
1.9. USE OF GOVERNMENT OWNED VEHICLES ................................................................................. 6
1.10. MEMBERS OF CONGRESS............................................................................................................ 6
1.11. GOVERNMENT-FINANCED AIR TRANSPORATION ....................................................................... 6
1.12. TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO) .................................................................. 7
1.13. PROGRAM INCOME ...................................................................................................................... 7
1.14. MODIFICATIONS .......................................................................................................................... 7
1.15. REVISION OF BUDGET ................................................................................................................. 8
1.16. CHANGES IN PRINCIPAL CONTACTS ........................................................................................... 8
1.17. PUBLIC NOTICES ......................................................................................................................... 9
1.18. NONDISCRIMINATION STATEMENT ............................................................................................ 9
1.19. PURCHASE OF EQUIPMENT ........................................................................................................ 9
1.20. PROPERTY IMPROVEMENTS ....................................................................................................... 9
1.21. GOVERNMENT-FURNISHED PROPERTY ...................................................................................... 9
1.22. TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS .................................................. 10
1.23. OFFSETS, CLAIMS AND RIGHTS ................................................................................................ 11
1.24. PUBLICATIONS, AUDIOVISUALS, AND ELECTRONIC MEDIA ..................................................... 11
1.25. COPYRIGHT ............................................................................................................................... 12
1.26. PUBLICATION SALE ................................................................................................................... 12
1.27. ALTERNATE DISPUTE RESOLUTION ......................................................................................... 12
1.28. PAYMENT/REIMBURSEMENT .................................................................................................... 13
1.29. PROGRAM MONITORING AND PERFORMANCE REPORTS ........................................................ 14
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1.30. PERIOD OF PERFORMANCE....................................................................................................... 14
2. INSTRUMENT SPECIFIC TERMS & CONDITION ................................................................. 16
2.1. MASTER AGREEMENT ................................................................................................................ 16
2.2. CHALLENGE COST SHARE AGREEMENT & PARTICIPATING AGREEMENTS .............................. 17
2.3. INTERPRETIVE ASSOCIATION AGREEMENTS ........................................................................... 18
3. MULTIPLE ASSISTANCE LISTINGS ................................................................................. 25
3.1. FINANCIAL STATUS REPORTING ............................................................................................... 25
3.2. PROGRAM MONITORING AND PERFORMANCE REPORTS ........................................................ 25
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REVISION HISTORY
The Forest Service General Terms and Conditions will be reviewed annually before October 1st.
Revised terms and conditions will be published and made effective on October 1st of every year.
Revisions to the terms and conditions will be summarized in the table below:
Provision Effective Date Description of Changes
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1. OVERVIEW OF GENERAL TERMS AND CONDITIONS FOR MUTUAL INTEREST AGREEMENTS
1.1. INTRODUCTION
These General Terms and Conditions for Mutual Interest Agreements (General Terms and
Conditions) outline U.S. Department of Agriculture (USDA) Forest Service (FS) mandatory
agreement terms. Forest Service and USDA General Terms and Conditions, hereby
incorporated by reference, are determined by statutory, regulatory, and agency
requirements, as well as by administrative policies. Unless otherwise prohibited by law,
cooperators and subawardees of USDA mutual interest agreements (agreements) must
comply with these General Terms and Conditions. These General Terms and Conditions are
in addition to the assurances and certifications made as part of the agreement and any
agency- or program-specific terms, conditions, and restrictions included in the agreement.
The USDA General Terms and Conditions are available at: USDA General Terms and
Conditions.
The cooperator shall maintain a copy of these General Terms and Conditions, as well as the
agreement provisions and any subsequent changes to the agreement. Electronic copies of
these General Terms and Conditions are publicly available at: USFS Award General Terms
and Conditions
Please review these terms and conditions with the Forest Service Program Manager and
Grants Management Specialist to ensure full understanding and compliance with the
requirements of this award.
1.2. ORDER OF PRECEDENCE
In the event of any inconsistency among the terms and conditions of the Federal award
and/or other issuances, the inconsistency will be resolved by giving precedence in the
following order:
a. Applicable statutes of the United States
b. Program-specific regulations
c. 2 CFR Chapter IV
d. 2 CFR part 200
e. Federal award provisions and specific conditions
f. Program-specific Terms and Conditions
g. Agency-specific Terms and Conditions
h. USDA General Terms and Conditions
i. Approved budget and program plans
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j. Notice of Funding Opportunity (if applicable)
1.3. LEGAL AUTHORITY
The Cooperator/Recipient shall have the legal authority to enter into this Award/Agreement,
and the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of the project, which includes sufficient funds to pay the non-
Federal share of project costs, when applicable.
1.4. NOTICES
The Cooperator/Recipient shall immediately notify the U.S. Forest Service of developments
that have a significant impact on the activities supported under this Award/Agreement. Also,
notification must be given in case of problems, delays, or adverse conditions that materially
impair the ability to meet the objectives of the Award/Agreement. This notification must
include a statement of the action taken or contemplated, and any assistance needed to
resolve the situation.
Any notice given by the U.S. Forest Service, or the Cooperator/Recipient will be sufficient
only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or
fax, as follows:
a. To the U.S. Forest Service Program Manager, at the address specified in the
award/agreement.
b. To Cooperator/Recipient, at the address shown in the Award/Agreement or such other
address designated within the Award/Agreement.
Notices will be effective when delivered in accordance with this provision, or on the effective
date of the notice, whichever is later.
1.5. PARTICIPATION IN SIMILAR ACTIVITIES
This Agreement in no way restricts the U.S. Forest Service or The Cooperator/Recipient(s)
from participating in similar activities with other public or private agencies, organizations,
and individuals.
1.6. USE OF FOREST SERVICE INSIGNIA
For The Cooperator/Recipient/Recipient to use the U.S. Forest Service insignia on any
published media, such as a Web page, printed publication, or audiovisual production,
permission must be granted by the U.S. Forest Service’s Office of Communications
(Washington Office). A written request will be submitted by the U.S. Forest Service unit
administering this agreement to the Office of Communications Assistant Director, Visual
Information and Publishing Services prior to use of the insignia and will notify The
Cooperator/Recipient/Recipient when permission is granted.
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6
1.7. AVAILABILITY FOR CONSULTATION/ ANNUAL MEETING
The parties agree to be available at mutually agreeable times, for continuing consultation
and periodic discussion of the conditions covered by this Agreement. Further, the parties
agree to coordinate annually to address updates to the Scope of Work/Operating Plan or
Project List, if applicable.
1.8. BUILDING AND COMPUTER ACCESS BY NON-FOREST SERVICE PERSONNEL
The Cooperator/Recipient may be granted access to U.S. Forest Service facilities and/or
computer systems to accomplish work described in the Operating Plan or Statement of
Work. All non-government employees with unescorted access to U.S. Forest Service
facilities and computer systems must have background checks following the procedures
established by USDA Directives 3505 and Departmental Manual 4620-02. Those granted
computer access must fulfill all U.S. Forest Service requirements for mandatory security
awareness and role-base advanced security training and sign all applicable U.S. Forest
Service statements of responsibilities.
The U.S. Forest Service may provide the Cooperator/Recipient with computer profile(s),
access, and software to allow rapid exchange of data between the Cooperator/Recipient
and the U.S. Forest Service. This software shall be provided for electronic mail only on
computer equipment located in U.S. Forest Service facilities. No licenses shall be provided
for software not used as part of the U.S. Forest Service corporate software image. This
access will be used for communicating between the Cooperator/Recipient sites located on
U.S. Forest Service facilities and U.S. Forest Service employees, other the
Cooperator/Recipient employees and other partner agencies of the Cooperator/Recipient.
All security and use guidelines, which apply to U.S. Forest Service employees, shall apply to
the Cooperator/Recipient member using these profiles. The U.S. Forest Service reserves the
right to remove any profile, access or software license at any time, with two weeks’ notice to
the Cooperator/Recipient.
1.9. USE OF GOVERNMENT OWNED VEHICLES
U.S. Forest Service vehicles may be used for official U.S. Forest Service business only in
accordance with 1) Forest Service Handbook 7109.19, Chapter 60, section 61.3 or 61.4; 2) the
requirements established by the Forest Service unit in which performance of this Agreement
takes place; 3) and the terms of this Agreement.
1.10. MEMBERS OF CONGRESS
Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any
share or part of this Agreement, or benefits that may arise therefrom, either directly or
indirectly.
1.11. GOVERNMENT-FINANCED AIR TRANSPORATION
The Cooperator/Recipient/recipient must follow 49 U.S.C. §40118 for all air travel and/or
shipments authorized under this award/agreement.
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1.12. TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO)
The U.S. Forest Service recognizes cooperators/recipients who are Tribal Organizations and
honors the applicability of the Tribal laws and ordinances developed under the authority of
the Indian Self-Determination and Educational Assistance Act of 1975 (P.L. 93-638).
1.13. PROGRAM INCOME
If the Cooperator/Recipient anticipates that program income will be generated from the
activities authorized under this agreement, the following are applicable:
a. The Cooperator/Recipient shall apply the standards set forth in this Provision to
account for program income earned under the Agreement.
b. Any program income generated as a result of this Agreement must be applied using
the deduction alternative. The deduction alternative means that program income
must be deducted from total allowable costs to determine the net allowable costs,
unless otherwise approved by the Signatory Official. Program income must be used
for current costs unless the Federal agency authorizes otherwise. Program income
which the grantee did not anticipate at the time of the award must be used to reduce
the Federal agency and grantee contributions rather than to increase the funds
committed to the project.
c. Unless the terms and conditions of the Agreement provide otherwise, The
Cooperator/Recipient shall have no obligation to the U.S. Government regarding
program income earned after the end of the project period.
d. Costs incident to the generation of program income may be deducted from gross
income to determine program income; provided these costs have not been charged to
the Agreement, and they comply with the Cost Principles, if applicable.
e. Unless the terms and conditions of the agreement provide otherwise, The
Cooperator/Recipient shall have no obligation to the U.S. Government with respect to
program income earned from license fees and royalties for copyrighted material,
patents, patent applications, trademarks, and inventions produced under an award.
However, Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions made
under an experimental, developmental, or research awards.
1.14. MODIFICATIONS
Modifications within the scope of this Award/Agreement must be made by mutual consent
of the parties, by the issuance of a written modification signed and dated by all properly
authorized, signatory officials, prior to any changes being performed. Requests for
modification should be made, in writing, at least no less than 30 days prior to
implementation of the requested change. The U.S. Forest Service is not obligated to fund
any changes not properly approved in advance.
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1.15. REVISION OF BUDGET
Any budget revisions after execution of this award are subject to the following:
a. The approved award budget is the financial expression of the
Cooperator/Recipient/recipient's program as approved during the award process.
b. The Recipient is required to report deviations from budget and program plans, and
request prior approvals from the Program Manager for any of the following reasons:
i. To change the scope or the objectives of the project and/or revise the funding
allocated among project objectives;
ii. To change a key person where specified in the awarding document or allow a 25
percent reduction in time devoted to the project;
iii. Additional funding is needed;
iv. Where indirect costs have been authorized, the Recipient plans to transfer funds
budgeted for indirect costs to absorb increases in direct costs or vice versa;
v. The inclusion of costs that require prior approval in accordance with the
applicable set of Cost Principles;
vi. The transfer of funds allotted for training allowances (direct payment to
trainees) to other categories of expense;
vii. The Recipient intends to make subawards any of the work under this award, and
such subawards were not included in the approved award budget.
c. U.S. Forest Service is under no obligation to reimburse the Cooperator/Recipient for
costs incurred in excess of the total amount obligated under the award. If the total
obligated amount under the award has increased, a written modification signed and
dated by all properly authorized signatory officials will be executed specifying the new
total obligated amount prior to incurring additional costs. "
1.16. CHANGES IN PRINCIPAL CONTACTS
Any revision to the principal contacts listed on the FS-1500-0100 cover sheet for this
instrument requires prior written approval from the U.S. Forest Service Program Manager.
All technical positions are considered principal contacts by the U.S. Forest Service. Failure
on the part of the Cooperator/Recipient to obtain prior written approval when required may
result in the disallowance of costs.
Public access to culturally sensitive data and information of Federally recognized Tribes
may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill).
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1.17. PUBLIC NOTICES
It is U.S Forest Service's policy to inform the public as fully as possible of its programs and
activities. The Cooperator/Recipient is encouraged to give public notice of the receipt of
this Award/Agreement and, from time to time, to announce progress and accomplishments.
Press releases or other public notices should reference the Agency as the “U.S. Department
of Agriculture, Forest Service.”
The Cooperator/Recipient may call on the U.S. Forest Service's Office of Communication for
advice regarding public notices. The Cooperator/Recipient is requested to provide copies of
notices or announcements to the U.S. Forest Service Program Manager and to U.S. Forest
Service's Office Communications as far in advance of release as possible.
1.18. NONDISCRIMINATION STATEMENT
The Cooperator/Recipient of this award must comply with all applicable Federal anti-
discrimination laws and regulations. For more information about USDA Civil Rights
requirements, please visit https://www.usda.gov/about-usda/general-information/staff-
offices/office-assistant-secretary-civil-rights
1.19. PURCHASE OF EQUIPMENT
U.S. Forest Service funds may be used by the Cooperator/Recipient to purchase equipment
necessary to accomplish activities described in this Agreement. The available funding
designated for equipment purchases must be displayed in the financial plan. Title to the
equipment rests with the U.S. Forest Service but may be transferred to The
Cooperator/Recipient on completion of the project, if appropriate. Equipment is defined as
having a fair market value of $10,000 or more per unit and a useful life of over 1 year.
1.20. PROPERTY IMPROVEMENTS
Improvements placed on National Forest System land at the direction or with the approval
of the U.S Forest Service become property of the United States. These improvements are
subject to the same regulations and administration of the U.S Forest Service as other
National Forest improvements of a similar nature would be. No part of this Agreement
entitles The Cooperator/Recipient to any interest in the improvements, other than the right
to use and enjoy them under applicable U.S Forest Service regulations.
1.21. GOVERNMENT-FURNISHED PROPERTY
The Cooperator/Recipient may use U.S. Forest Service property furnished under this
agreement for performing tasks assigned in this agreement. The Cooperator/Recipient shall
not modify, cannibalize, or make alterations to U.S. Forest Service property. Form AD-107
must be completed to document the loan of U.S. Forest Service property. The U.S. Forest
Service shall retain title to all U.S. Forest Service-furnished property. Title to U.S. Forest
Service property must not be affected by its incorporation into or attachment to any
property not owned by the U.S. Forest Service, nor must the property become a fixture or
lose its identity as personal property by being attached to any real property.
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Cooperator/Recipient Liability for Government Property:
a. Unless otherwise provided for in the Agreement, The Cooperator/Recipient shall not
be liable for loss, damage, destruction, or theft to the Government property furnished
or acquired under this agreement, except to the extent of State law when any one of
the following applies:
i. The risk is covered by insurance, or The Cooperator/Recipient is otherwise
reimbursed (to the extent of such insurance or reimbursement);
ii. The loss, damage, destruction, or theft is the result of willful misconduct or lack
of good faith on the part of The Cooperator/Recipient’s managerial personnel.
The Cooperator/Recipient’s managerial personnel, in this clause provision,
means The Cooperator/Recipient’s directors, officers, managers,
superintendents, or equivalent representatives who have supervision or
direction of all or substantially all of The Cooperator/Recipient’s business; all or
substantially all of The Cooperator/Recipient’s operation at any one plant or
separate location; or a separate and complete major industrial operation.
b. The Cooperator/Recipient shall take all reasonable actions necessary to protect the
Government property from further loss, damage, destruction, or theft. The
Cooperator/Recipient shall separate the damaged and undamaged Government
property, place all the affected Government property in the best possible order, and
take such other action as the Property Administrator directs.
c. The Cooperator/Recipient shall do nothing to prejudice the Government's rights to
recover against third parties for any loss, damage, destruction, or theft of
Government property.
d. Upon the request of the Grants Management Specialist, The Cooperator/Recipient
shall, at the Government's expense, furnish to the Government all reasonable
assistance and cooperation, including the prosecution of suit and the execution of
agreements of assignment in favor of the Government in obtaining recovery.
1.22. TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS
The Cooperator/Recipient is responsible for providing the respective sawyer training and
certification to their employees, contractors, and volunteers as provided below.
1.22.1. NON-INTERAGENCY FIRE MANAGEMENT COOPERATIVE AGREEMENTS
Any employee, contractor, or volunteer of the Cooperator/Recipient who will use
chain saws or crosscut saws on National Forest System lands under this agreement
must be trained, evaluated, and certified in accordance with Forest Service Manual
2358. The Cooperator/Recipient is responsible for providing sawyer training,
evaluation, and certification for the Recipient’s/Cooperator/Recipient employees,
contractors, and volunteers, unless the U.S. Forest Service and the
Cooperator/Recipient determine it is not in the best interest of the partnership for
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the Cooperator/Recipient to provide sawyer training and evaluation. In these
circumstances, the U.S. Forest Service, upon request and upon availability of Agency
resources, may assist with conducting sawyer training and evaluation for the
Recipient’s/Cooperator/Recipient employees, contractors, and volunteers.
Cooperator/Recipient employees, contractors, and volunteers who will use chain
saws and/or crosscut saws on National Forest System lands must be certified by the
Cooperator/Recipient. Only those Cooperator/Recipient organizations with an
approved sawyer training, evaluation, and certification program may conduct
sawyer training, evaluation, and certification. Any employee, contractor, or
volunteer of the Cooperator/Recipient who will use other types of saws, such as
handsaws to cut small diameter material, brush saws, and pole saws, must be
trained in accordance with Forest Service Handbook 6709.12, Chapter 40, section
41.3;
OR
1.22.2. WORKING UNDER INTERAGENCY FIRE MANAGEMENT COOPERATIVE
AGREEMENTS
Federal, State, Tribal, and local governmental agencies, contractors, and other
types of Cooperators working under Interagency Fire Management Cooperative
Agreements involving the use of chain saws or crosscut saws on National Forest
System lands are not subject to the provisions governing training, evaluation, and
certification of sawyers in U.S. Forest Service Handbook 6709.12, Chapter 40, section
41.3. Federal, State, Tribal, and local governmental agencies, contractors, and other
types of Cooperators working under Interagency Fire Management Cooperative
Agreements involving the use of chain saws or crosscut saws on National Forest
System lands are subject to the sawyer training, evaluation, and certification
standards established by the National Wildfire Coordinating Group.
1.23. OFFSETS, CLAIMS AND RIGHTS
Any and all activities entered into or approved by this Agreement will create and support
afforestation/reforestation efforts on National Forest System lands will not generate carbon
credits. The U.S. Forest Service does not make claims of permanence or any guarantees of
carbon sequestration on lands reforested or afforested through partner assistance. The U.S
Forest Service will provide for long-term management of reforested and afforested lands,
according to applicable Federal statute, regulations, and forest plans.
1.24. PUBLICATIONS, AUDIOVISUALS, AND ELECTRONIC MEDIA
The Cooperator/Recipient shall acknowledge U.S. Forest Service support in any
publications, audiovisuals, and electronic media developed as a result of this
Award/Agreement. Follow direction in USDA Supplemental 2 CFR 415.2.
When the Cooperator/ Recipient intends to identify U.S. Forest Service's contribution to any
publication, video, or other information/media product resulting from this award, the
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product must state that the views expressed by the author(s) do not necessarily reflect
those of the U.S. Forest Service. Acknowledgements must identify the U.S. Forest Service
substantially as follows:
“This (publication, video, or other information/media product) was made possible through
support provided by the U.S. Department of Agriculture Forest Service, under the terms of
(this award number). The opinions expressed in this (publication, video, or other
information/media product) are those of the author(s) and do not necessarily reflect the
views of the U.S. Forest Service.”
The Cooperator/Recipient shall provide the relevant strategic objective or results package
team with one copy of all published works developed under this award and with lists of
other written work produced under the award.
1.25. COPYRIGHT
The Cooperator/Recipient is granted sole and exclusive right to copyright any publications
developed as a result of this Award/Agreement. This includes the right to publish and vend
throughout the world in any language and in all media and forms, in whole or in part, for the
full term of copyright and all renewals thereof in accordance with this Award/Agreement.
All text and graphics produced by the Forest Service are in the public domain and cannot be
copyrighted. The U.S. Forest Service reserves a royalty-free, nonexclusive, and irrevocable
right to reproduce, publish, or otherwise use, and to authorize others to use the work for
Federal Government purposes. This right must be transferred to any sub-agreements or
subcontracts.
This provision includes:
a. The copyright in any work developed by the Cooperator/Recipient under this
Award/Agreement.
b. Any right of copyright to which the Cooperator/Recipient purchases ownership with
any Federal contributions.
1.26. PUBLICATION SALE
The Cooperator/Recipient may sell any publication developed as a result of this Agreement.
The publication may be sold at fair market value, which is initially defined in this Agreement
to cover the costs of development, production, marketing, and distribution. After the costs
of development and production have been recovered, fair market value is defined in this
Agreement to cover the costs of marketing, printing, and distribution only. Fair market
value must exclude any in-kind or Federal Government contributions from the total costs of
the project.
1.27. ALTERNATE DISPUTE RESOLUTION
In the event of any issue of controversy under this Agreement, the parties may pursue
Alternate Dispute Resolution procedures to voluntarily resolve those issues. These
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procedures may include, but are not limited to conciliation, facilitation, mediation, and fact
finding.
1.28. PAYMENT/REIMBURSEMENT
The U.S. Forest Service shall reimburse the Cooperator/Recipient for the U.S. Forest
Service's share of actual expenses incurred, not to exceed the amount shown on the FS-
1500-0100 form and as shown in the Financial Plan. To approve a Request for
Reimbursement, the U.S. Forest Service shall review such requests to ensure payments for
reimbursement are in compliance and otherwise consistent with the terms of the
agreement. The U.S. Forest Service shall make payment upon receipt of the
Recipient’s/Cooperator/Recipient invoice, submitted not less than annually. Each invoice
from the Cooperator/Recipient shall display the total project costs for the billing period,
separated by U.S. Forest Service and Cooperator/Recipient share. In-kind contributions
must be displayed as a separate line item and must not be included in the total project costs
available for reimbursement. The final invoice must display the
Recipient’s/Cooperator/Recipient full match towards the project, as shown in the financial
plan, and be submitted no later than 120 days from the expiration date.
a. Each invoice submitted must include, at a minimum:
i. Cooperator/Recipient’s name, address, and telephone number.
ii. U.S. Forest Service agreement number.
iii. Invoice date.
iv. Performance dates of the work completed (start & end).
v. Total invoice amount for the billing period, separated by the U.S. Forest Service
and Cooperator/Recipient share with in-kind contributions displayed as a
separate line item.
vi. Display all costs, both cumulative and for the billing period, by separate cost
element as shown on the financial plan.
vii. Cumulative amount of U.S. Forest Service payments to date.
viii. Statement that the invoice is a request for payment by “reimbursement”.
ix. If using SF-270, a signature is required.
x. Invoice Number, if applicable.
a. The invoice must be sent by one of three methods (email is preferred):
i. Email: SM.FS.ASC_GA@USDA.GOV
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ii. Fax: 877-687-4894
iii. Postal: USDA Forest Service
Budget and Finance,
Grants and Agreements
4000 Masthead St. NE
Albuquerque, NM 87109
b. Send a copy to the Forest Service program manager listed on the FS-1500-0100 cover
sheet.
1.29. PROGRAM MONITORING AND PERFORMANCE REPORTS
The parties to this agreement shall monitor the performance of the agreement activities to
ensure that performance goals are achieved.
Performance reports must contain the following information:
a. A comparison of actual accomplishments to the goals established for the period. A
computation of the cost per unit of output must be documented, as applicable.
b. Reason(s) for schedule delays if established goals were not met.
c. Additional pertinent information.
The Cooperator shall submit performance reports to the U.S. Forest Service Program
Manager and due at least 30 days prior to the reporting period as indicated on the FS-1500-
0100. The final performance report must be submitted either with the Cooperator/Recipient
final payment request, or separately, but not later than 120 days after the expiration date of
the agreement
1.30. PERIOD OF PERFORMANCE
The execution date of this award is the date of the last signature on the FS-1500-0100 Grant
or Agreement Award Cover Sheet. Partner/Recipient expenses may only be incurred against
Federal funds from the execution date until the expiration date (the period of performance).
These dates are reflected in box 11 of the FS-1500-0100 form.
Expired agreements should be handled with the utmost caution, as there are many legal
implications associated with improper processing, expenditures, or documentation of
agreements following expiration. Once the agreement has expired, no further activities may
take place and no further expenditures may be incurred. Note that any expenditure charged
against an expired agreement is considered as an improper payment and is subject to
reporting and recovery.
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The expiration date of the award should be tracked closely, especially as it pertains to
anticipated expenditures against Federal dollars. Any request for modification should come
from the Cooperator, in writing, at least 30 days prior to implementation of the requested
change.
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2. INSTRUMENT SPECIFIC TERMS & CONDITION
2.1. MASTER AGREEMENT
If the instrument is a Master Agreement, the following provision(s) is also applicable. A
Master Agreement can be confirmed by confirming a check mark in the box following
‘Master’ on the FS-1500-0100 cover sheet.
Supplemental Project Agreements (SPA). Nothing in this Master Agreement obligates either
party to offer or accept any project proposals under this Master Agreement. Any projects
added to this Master Agreement must be by mutual consent of the parties through a specific
SPA. At a minimum, a SPA must:
a. Include language stating that the SPA will be made a part of this Master Agreement
thereby subjecting it to the terms of the Master Agreement;
b. Include a description of the project and agreed to activities. Requirements are further
clarified in the SPA template;
c. As applicable, include a map and description of the project area, treatment activities
and corresponding treated acres, and other agreed to activities.
d. Describe the desired end result of the project(s);
e. Designate a U.S. Forest Service representative and a Cooperator official to monitor
their respective responsibilities outlined in the SPA;
f. Include a Financial Plan to identify each party’s contribution, as applicable, for
projects identified in the SPA;
g. Include any necessary forest restrictions and closure dates to allow The
Cooperator/Recipient to implement and complete the project(s) within the specified
timeframes.
h. Provide necessary direction to The Cooperator/Recipient to ensure compliance with
appropriate laws and regulations to fulfill the terms of the SPA;
i. Identify any reporting requirements;
j. Be reviewed and approved by a U.S. Forest Service Grants Management Specialist;
k. Be mutually agreed to, in writing, by both parties and executed by the designated
Signatory Officials.
In addition, if Timber Removal is anticipated, the SPA must include a detailed Timber
Removal Plan, activities must be coordinated with the U.S. Forest Service, and the State’s
timber sale contract must be reviewed and approved by a U.S. Forest Service delegated
timber contracting officer.
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2.2. CHALLENGE COST SHARE AGREEMENT & PARTICIPATING AGREEMENTS
If the authority cited on the FS-1500-0100 form is Interior and Related Agencies
Appropriations of 1997, P.L. 102-154, Cooperative Funds and Deposits Act of December 12,
1975, P.L. 94-148, as amended; Wyden Amendment, P.L. 105-277, as amended; Agriculture
Conservation Experienced Services (ACES, 16 USC 3851a, as amended; or Resource
Assistants Program, 16 USC 1725a, the following provisions are applicable. Select either
Non-Federal Status for Cooperator Participants or Non-Federal Status for Cooperator
Liability and indicate the selection in the Statement of Work.
2.2.1. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANTS
The cooperator agree(s) that any of the Cooperator/Recipient employees,
volunteers, and program participants shall not be deemed to be Federal employees
for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort
Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as the cooperator
has hereby willingly agreed to assume these responsibilities.
Further, the cooperator shall provide any necessary training to the
Cooperator/Recipient employees, volunteers, and program participants to ensure
that such personnel are capable of performing tasks to be completed. The
cooperator shall also supervise and direct the work of its employees, volunteers,
and participants performing under this agreement.
OR
2.2.2. NON-FEDERAL STATUS FOR COOPERATOR LIABILITY
The cooperator agree(s) that any of the Cooperator/Recipient employees and
program participants shall not be deemed to be Federal employees for any purposes
including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and
Chapter 81 of Title 5, United States Code (OWCP), and the cooperator hereby
willingly agree(s) to assume these responsibilities.
The cooperator agree(s) that, except as otherwise provided in this provision below,
of Cooperator/Recipient volunteers shall not be deemed to be Federal
employees and shall not be subject to the provisions of law relating to Federal
employment, including those relating to hours of work, rates of compensation,
leave, unemployment compensation, and Federal employee benefits. When the
Cooperator/Recipient volunteers are performing approved tasks identified under
this agreement, the following applies:
a. For the purpose of the tort claim provisions of Title 28 of the United States
Code, any of the Cooperator/Recipient volunteers shall be considered a
federal employee.
b. For the purpose of subchapter I of Chapter 81 of Title 5 of the United States
Code, relating to compensation to Federal employees for work injuries, the
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Cooperator/Recipient volunteers shall be deemed civil employees of the
United States within the meaning of the term “employee” as defined in section
8101 of title 5, United States Code, and the provisions of that subchapter shall
apply.
c. For the purposes of claims relating to damage to, or loss of, personal property
of the Cooperator/Recipient volunteer incident to volunteer service, a
volunteer shall be considered a Federal employee, and the provisions of 31
U.S.C 3721 shall apply.
Further, the cooperator shall provide any necessary training and support to the
Cooperator/Recipient employees, volunteers, and program participants, to ensure
that such personnel are capable of performing tasks to be completed. The
cooperator shall also supervise and direct the work of its employees, volunteers,
and program participants performing under this Agreement.
2.3. INTERPRETIVE ASSOCIATION AGREEMENTS
For Participating Agreements Only. Section 426 of the Consolidated Appropriations Act of
2014 broadened the U.S. Forest Service’s authority for working with partners under the
Cooperative Funds and Deposits Act of 1975. This expanded authority improves the
Agency’s ability to engage new partners in addition to work with existing partners, such as
interpretive associations. Under this expanded authority, the Agency can enter into an
agreement with Federal, State, or local governments; Tribes; or nonprofit entities to:
a. Develop, produce, publish, distribute, or sell educational and interpretive materials
and products;
b. Develop, conduct, or sell educational and interpretive programs and services;
c. Construct, maintain, or improve facilities not under the jurisdiction, custody, or
control of the General Services Administration (GSA), on or in the vicinity of National
Forest System (NFS) lands for the sale or distribution of educational and interpretive
materials, products, programs, and services;
d. Operate facilities (including providing the incidental services of U.S. Forest Service
employees to staff facilities) in any public or private building or on land not under the
jurisdiction, custody, or control of GSA for the sale or distribution of educational and
interpretive materials, products, programs, and services pertaining to NFS lands,
private lands, and lands administered by other public entities;
e. Sell health and safety products, visitor convenience items, or other similar items (as
determined by the U.S. Forest Service) in facilities not under the jurisdiction, custody,
on or control of GSA or in the vicinity of a National Forest Service facility;
f. Collect funds on behalf of the Cooperator from the sale of the materials, products,
programs, and services listed above, when the collection of funds is incidental to the
other duties of U.S. Forest Service employees.
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Such a relationship allows the U.S. Forest Service to provide high quality customer service
by allowing Cooperator staff and volunteers to sell items, such as guide books, visitor maps,
conservation and forestry related books, textiles, handicrafts, interpretive and educational
materials, and other theme-related products to the public at U.S. Forest Service facilities or
those co-managed by the U.S. Forest Service (e.g., centers shared with the Bureau of Land
Management, National Park Service, counties, etc.). The Cooperator may also assist the U.S.
Forest Service with public educational or interpretive programming.
2.3.1. SALES ITEMS
a. The Cooperator may sell interpretive and educational items, such as
publications, maps, visual aids, handicrafts and other objects directly related
to the interpretive and education theme of the Forest and U.S. Forest Service
as well as health and safety products, visitor convenience items or other
similar items as outlined in the attached Operating Plan’s Scope of Sales.
b. The Cooperator shall not sell artifacts protected by the Antiquities Act of 1906
(P.L. 59-209), the Archeological Resources Protection Act of 1979 (P.L. 96-95),
and the Alaska Historic Preservation Act of 1971, as amended.
c. The Cooperator is not by this Agreement granted the right to sell items which
infringes on applicable contract rights of a concessionaire.
d. The Cooperator shall maintain a high standard of quality in all items produced
or sold.
e. The Cooperator shall not sell any item that has not been approved by the U.S.
Forest Service as explained in the Scope of Sales. The Cooperator shall allow
publications to be reviewed by the U.S. Forest Service on editorial and design
quality.
f. The Cooperator shall sell items at fair market value, provided that such prices
shall be approved in advance by the U.S. Forest Service at the Forest level.
g. The Cooperator shall display the sale items in good taste and in keeping with
the general design and décor of the U.S. Forest Service facilities at that
location the Cooperator may provide furnishings necessary to support, store,
or display sale items, such furnishing is to be approved by the U.S. Forest
Service.
h. U.S. Forest Service employees may collect funds on behalf of the Cooperator
from the sale of materials, products, programs, and services, when the
collection of funds is incidental to the duties of U.S. Forest Service employees.
i. The Cooperator and the U.S. Forest Service shall prepare an Operating and
Financial Plan that will delineate hours of operation, rates and price,
standards of service, merchandise to be sold, and other items needing
clarification during the year.
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j. Direct support/financial aid will be documented in associated the Operating
Plan.
2.3.2. PROGRAMS
a. Programs shall be defined as personal (in-person direct communication with
the public, i.e., amphitheater talk, educational program, guided hike, etc.) and
non-personal (indirect communication through brochures, videos, books,
digital apps, etc.).
b. The Cooperator shall outline their programming plans for the year in the
Operating Plan in cooperation with the U.S. Forest Service. All programming
shall be in line with the unit interpretive plan and be accessible.
c. All programming and personnel (whether staff or volunteer) shall be trained in
interpretive techniques as approved or provided by the U.S. Forest Service.
The National Association of Interpretation (NAI) Certified Interpretive Guide
(CIG) program shall serve as the standard for training.
d. All educational programming, typically presented to school groups, shall
follow accepted state educational standards of the state presented in.
e. All developed non-personal interpretation shall be of the best quality possible
and produced in conjunction with and approved by the U.S. Forest Service.
f. The Cooperator may charge a nominal fee for personal interpretation
activities to cover expenses. Program fees shall be posted on-line or via
newsletter beforehand.
2.3.3. FACILITIES
a. The Cooperator may use facilities for the sale of educational and interpretive
items for the benefit of the visiting public, and for Cooperator meetings and
events as approved by the Forest Supervisor. (See Section IV. Provision A.3.
U.S. Forest Service Owned Facilities).
b. The Cooperator may not perform maintenance on facilities under the
jurisdiction, custody, or control of the GSA. Maintenance is defined as facility
cleaning, repair, or trash collection.
c. Federal facilities will not be used for non-educational or non-interpretive
purposes except through a special use permit.
d. The Cooperator may construct, maintain, or improve facilities not under the
jurisdiction, custody, or control of the of the GSA on or in the vicinity of NFS
lands for the sale or distribution of educational and interpretive materials,
products, programs, and services.
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e. The Cooperator may remodel or renovate existing U.S. Forest Service owned
sales facilities (visitor center, ranger district offices, supervisors’ offices and so
forth) at its own expense, as necessary, including renovation of display
structures, furnishings, equipment, signing, display lighting, and lighting in the
immediate area of the facility, provided that all plans are approved in advance
by the U.S. Forest Service. Any permanent redesigned and renovated property
will remain in U.S. Forest Service ownership upon termination/expiration of
this Agreement. The U.S. Forest Service reserves the right to design and
construct any new facilities, and shall allow the Cooperator to review and
comment on any plans therefore.
f. The U.S. Forest Service shall provide the Cooperator with incidental utility
services at each assigned facility, including water, electricity, heat, air
conditioning (if available), to the extent these utilities are required for the
operation of the building for Governmental purposes. The U.S. Forest Service
shall provide all general maintenance and repair services for the Government-
owned buildings.
g. The Cooperator may operate facilities in any public or private building or on
land not under the jurisdiction, custody, or control of the GSA for the sale or
distribution of educational and interpretive materials, products, programs,
and services, pertaining to NFS lands, private lands, and lands administered
by other public entities.
h. The Cooperator shall maintain facilities in clean and presentable condition at
all times.
2.3.4. DONATION BOXES
a. The use of a donation box will be discussed and agreed upon by both parties
to the agreement. The responsibility of safeguarding protocol, tracking use of
funds, and management and collection of the funds shall be specified in the
Supplemental Project Agreement.
b. Donation boxes are permitted in sales outlet areas provided the donated
funds are used to support interpretive/educational activities at the unit.
c. Donation boxes will be posted with a size-appropriate sign that states "Your
kind contribution will be used to support the interpretive and educational
activities of the Cooperator."
d. Where there is an obligation, donation box dollars will be considered program
income.
2.3.5. ACCOUNTING RECORDS
a. The Cooperator will be solely responsible for the financial arrangements for
work under this Agreement, including costs of obtaining and storing an
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inventory of Cooperator sales materials and for the receipt and disposition of
monies from sales, and will hold harmless the U.S. Forest Service or its officers
responsible for loss of Cooperator materials or money from sales, or for any
other financial loss incurred as the result of this Agreement.
b. The Cooperator will keep appropriate financial books, records, and accounts
pertaining to this Agreement to standards acceptable to the U.S. Forest
Service or generally acceptable accounting practices.
c. The Cooperator will allow authorized officials or agents of the U.S. Forest
Service, or any other Federal agency authorized to do so, to examine such
financial books, records, and accounts of the Cooperator, as deemed
necessary by the U.S. Forest Service, or other authorized Federal agency, and
that these records and accounts will be retained by the Cooperator and kept
available for three years after termination/expiration of this Agreement, unless
disposition is otherwise authorized in writing by the U.S. Forest Service. Such
books, records, and accounts may be examined at any reasonable and
convenient time during such periods.
d. The Cooperator shall provide an annual narrative accomplishment report and
financial statement for the calendar year by March 31 of the following year to
the U.S. Forest Service contact identified in Section V. of this agreement.
e. The Cooperator shall bill the U.S. Forest Service for their prorated share of
actual costs incurred to date, less program income and other Federal and
nonfederal cash contributions, excluding any previous U.S. Forest Service
payment(s) made on this agreement to date of the invoice.
f. Pursuant to the Debt Collection Improvement Act of 1996, as amended by P.L.
104-134, the Cooperator shall furnish their tax identification number upon
execution of this agreement. The Cooperator also agrees that notice of the
U.S. Forest Service’s intent to use such number for purposes of collection and
reporting on any delinquent amounts arising out of such person’s relationship
with the Government, has hereby been given.
2.3.6. PERSONNEL
g. The Cooperator shall provide such personnel as is reasonably necessary to
operate sales facilities as indicated by the level of gross sales, or any other
personnel to carry out the activities and programs as described in the
Operating Plan. These personnel may include, as necessary, a central
business office staff, local facility managers, interpreters, volunteers, and sales
clerks. U.S. Forest Service personnel may not act on behalf or as a
representative of the Cooperator. However, as an incidental part of their
duties, approved U.S. Forest Service personnel may offer sales items to the
public provided the proceeds be properly accounted for as Cooperator funds.
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h. The Cooperator shall designate a member or employee who is authorized to
act as liaison with the U.S. Forest Service.
i. Cooperator employees involved in visitor contacts shall be oriented in the U.S.
Forest Service administrative unit’s Interpretive Services programs and shall
be approved by a U.S. Forest Service designee before assuming such
responsibilities.
j. A distinct separation, evident to the public, shall be maintained between the
activities and management of the Cooperator and those of the U.S. Forest
Service.
k. Cooperator personnel are not Government employees and are not authorized
to undertake any Governmental function or activity on behalf of the U.S.
Forest Service beyond routine visitor information services and participation in
museums, living history, or like programs. Cooperator employees shall not
engage in activities that would reasonably lead the visiting public to conclude
that they are Government employees. No Cooperator employee shall wear a
U.S. Forest Service or other Government uniform. All Cooperator employees
shall wear some easily observable and readily identifiable indication of
Cooperator affiliation while conducting Cooperator business on the NFS lands.
A sign will be posted at each sales outlet identifying the Cooperator mission
and how the funds will be used.
2.3.7. APPROVALS
a. Hours of operation, rates and prices, standards of service, and merchandise to
be sold shall be subject to the approval of the U.S. Forest Service and stated in
the Operating Plan. Publications and sales items will adhere to the
established scope of sales will be approved by the Forest Supervisor or
Regional Forester.
b. The Cooperator may at any time make a written request for such necessary
approvals. Requests shall be made to the Forest Supervisor or Regional
Forester.
2.3.8. INTERPRETIVE ACTIVITIES
a. Interpretive activities engaged in by the Cooperator must meet U.S. Forest
Service standards and be approved by the Forest Supervisor or delegated to
another line officer, such as a District Ranger, as defined in the Operating Plan.
b. Cooperator personnel shall be available only for the purposes of the
Cooperator/Recipient interpretive activities.
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2.3.9. INDEMNIFICATION AND INSURANCE
a. The Cooperator shall indemnify, save and hold harmless, and defend the
United States against all fines, claims, damages, losses, judgments, and
expenses arising out of or from any omission or activity of the Cooperator in
connection with activities under this Agreement.
b. The Cooperator shall procure public and employee liability insurance with a
minimum coverage of $100,000.00 for any number of claims from any one
incident, with respect to the activities of the Cooperator and its employees.
The United States of America shall be named as an additional insured on all
such policies. All such policies specify that the insurer shall not hold the
United States liable or in any way responsible for payment of any premiums or
deductibles thereunder and such insurance policies shall be assumed by,
credited to the account of, and undertaken at the sole risk of the Cooperator.
This is the minimum amount of insurance allowable. A determination for
additional coverage amounts should be evaluated based on project activities.
2.3.10. ORGANIZATION
a. The Cooperator/Recipient Articles of Incorporation and By-Laws shall comply
with requirements of the state in which the Cooperator is incorporated. Non-
profit status 501(c) (3) must be maintained in accordance with Federal and
state laws, and the Cooperator will make available for inspection, at the
request of the U.S. Forest Service, documents demonstrating non-profit
status. This Agreement will automatically terminate if non-profit status is lost.
b. The Cooperator recognizes that U.S. Forest Service employees may be
members of the Cooperator, but they shall not be officers, employees, or
members of the Board of Directors.
c. The Cooperator shall not allow U.S. Forest Service Employees to represent
them in any matter between their organization and the U.S. Forest Service.
The Cooperator shall make all decisions concerning their relationship with the
U.S. Forest Service, including, but not limited to, executing or negotiating
contracts, signing checks, or hiring or firing employees.
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3. MULTIPLE ASSISTANCE LISTINGS
Agreements may be processed utilizing multiple assistance listing numbers (ALN).
If an award lists more than one assistance listing number on the FS-1500-0100 Cover Sheet, the
following terms and conditions are applicable to your agreement.
3.1. FINANCIAL STATUS REPORTING
The Cooperator/Recipient shall prepare a financial report that includes all relevant
expenditures for the reporting period. Additionally, for each respective ALN, a Federal
Financial Report (form SF-425), must be submitted to the U.S. Forest Service Program
Contact and to asc_payments@usda.gov according to the reporting schedule.
For awards with multiple ALNs, each ALN may have distinct financial reporting
requirements. Single reports mut be submitted according to the most frequent reporting
requirement. (e.g. One ALN requires annual reporting and another requires quarterly
reporting therefore the award reporting requirement will be quarterly.) The reporting
frequency will be determined during pre-award negotiations and will be stated in
the Statement of Work.
Financial reports are due no later than 30 days after the reporting period end. (e.g. The
reporting period ends on June 30, so the report is due on July 30)
The financial report comprises of accounting for each ALN under a single award. There must
be one form SF-425(and Federal Financial Report Attachment, SF-425A) for each ALN. The
SF-425 form may be found at Post-Award Reporting Forms | Grants.gov.
At close out, all final financial reports, SF-425(s), must be submitted either with the final
payment request or no later than 120 days from the expiration date of the agreement,
whichever is soonest.
3.2. PROGRAM MONITORING AND PERFORMANCE REPORTS
The parties to this Agreement shall monitor the work activities to ensure that performance
goals are being achieved. For awards with multiple ALNs, each ALN may have
distinct performance reporting requirements. Single reports must be submitted according
to the most frequent reporting requirement. (e.g. One ALN requires annual reporting and
another requires quarterly reporting therefore the award reporting requirement will be
quarterly.) The reporting frequency will be determined during pre-award negotiations and
will be stated in the FS-1500-0100.
The Cooperator/Recipient shall prepare a performance report for each reporting period
that contains the following:
d. A comparison of actual accomplishments to the goals established for the period, in
alignment with the Scope of Work. Wherever the output of the project can be readily
expressed in numbers, the report shall also include a computation of the cost per unit
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or output, as applicable. Example: Goal-50 miles of trail maintenance; Actual-25 miles
of trail work completed near mile marker 0.7. 25 miles x $422/mile = $10,500.
b. If established goals were not met, the report shall include (1) the reason for the delay,
(2) a detailed explanation of why the goal was not achieved identifying any factors
that may have contributed to the delay, and (3) a plan of action for addressing the
issue and course correction actions. The plan should outline the specific steps that will
be taken to address the issues and a timeline for implementing these steps. This
information will enable the U.S. Forest Service to understand the reasons for the delay
to determine if an agreement modification may be necessary.
For each ALN, the performance report must specify all relevant project work completed
and/or invoiced for the reporting period.
Performance reports are due no later than 30 days after the reporting period ends. (e.g. The
reporting period ends on June 30, so the report is due on July 30.)
The final performance report must be submitted either with the Cooperator/Recipient’s final
payment request, or separately, no later than 120 days from the expiration date of the
Agreement, whichever is soonest.
NOTE: Financial and performance reports must be submitted together according to the
reporting schedule in the FS-1500-0100. If reports are not submitted timely, it is considered
a material breach of the agreement resulting in payment delays and potential termination of
the Agreement.
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U.S. DEPARTMENT OF AGRICULTURE
General Terms and Conditions for Mutual Interest Agreements
Effective December 31, 2025
1.0 Overview of General Terms and Conditions for Mutual Interest Agreements ............................. 1
1.1 Introduction ...................................................................................................................................... 1
1.2 Order of Precedence ......................................................................................................................... 1
1.3 USDA Responsibilities ..................................................................................................................... 1
1.4 Cooperator Responsibilities and Compliance with Federal Requirements ...................................... 1
1.5 Subagreement and Contract Requirements ....................................................................................... 2
1.6 Internal Controls ............................................................................................................................... 3
1.7 Conflict of Interest ............................................................................................................................ 3
1.8 Unpaid Federal Tax Liability and Felony Criminal Violations ........................................................ 4
1.9 Funding to Entities or Individuals on Prohibited Lists ..................................................................... 4
1.10 Non-Exclusivity ................................................................................................................................ 5
1.11 No Implied Endorsement .................................................................................................................. 5
1.12 Employment Eligibility Verification (Immigration and Nationality Act) ........................................ 5
1.13 National Environmental Policy Act .................................................................................................. 5
1.14 Agricultural Bioterrorism Protection Act ......................................................................................... 6
1.15 FOIA - Public Access to Records and Personally Identifiable Information ..................................... 6
1.16 Acknowledgement and Information Dissemination ......................................................................... 6
2.0 System for Award Management and Universal Identifier Requirements ..................................... 7
3.0 Financial Management ....................................................................................................................... 8
3.1 Allowable and Unallowable Costs and Activities ............................................................................ 8
3.2 National Security and Unallowable Costs ........................................................................................ 9
3.3 Payments ......................................................................................................................................... 10
3.4 Audit Requirements ........................................................................................................................ 11
3.5 Cost Sharing ................................................................................................................................... 12
3.6 Interest Earned ................................................................................................................................ 12
3.7 Indirect Costs .................................................................................................................................. 12
3.8 Procurements .................................................................................................................................. 14
4.0 Performance Monitoring .................................................................................................................. 14
4.1 Periodic Performance Reports ........................................................................................................ 14
4.2 Final Performance Reports ............................................................................................................. 15
4.3 Subcooperator Monitoring .............................................................................................................. 15
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4.4 Site Visits ........................................................................................................................................ 16
5.0 Financial Monitoring ........................................................................................................................ 16
5.1 Periodic Financial Reports.............................................................................................................. 16
5.2 Final Financial Report .................................................................................................................... 17
5.3 Review of Financial Reports .......................................................................................................... 17
6.0 Remedies for Noncompliance ........................................................................................................... 17
7.0 Debarment and Suspension .............................................................................................................. 18
8.0 Closeout .............................................................................................................................................. 18
8.1 Agreement Closeout ....................................................................................................................... 18
8.2 Termination .................................................................................................................................... 18
8.3 Unused and Returned Funds ........................................................................................................... 20
8.4 Disposition of Real Property, Equipment, Supplies, and Intangible Property ............................... 20
9.0 Research & Development, Science & Technology ......................................................................... 21
9.1 Intellectual Property (Copyright and Patent Rights) ...................................................................... 23
9.2 Scientific Integrity and Research Misconduct ................................................................................ 23
9.3 Geospatial Data Management Standards ........................................................................................ 24
9.4 Public Access to Scholarly Publication and Digital Scientific Research Data ............................... 24
9.5 Information Security and Privacy ................................................................................................... 24
9.6 Research Security Training ............................................................................................................ 24
9.7 Foreign Ownership, Control or Influence (FOCI) by a Country of Concern ................................. 25
9.8 Disclosures ..................................................................................................................................... 25
9.9 Malign Foreign Talent Recruitment Program ................................................................................. 25
9.10 Consequences for Violation of Disclosure Requirements .............................................................. 25
9.11 Potential Life Sciences Dual Use Research of Concern and Dangerous Gain-of-Function ........... 26
9.12 Export Control ................................................................................................................................ 28
9.13 Limitation on Use of Funds for Research Involving Human Subjects ........................................... 30
10.0 Records Management ...................................................................................................................... 31
10.1 Record Retention ............................................................................................................................ 31
10.2 Access to Records ........................................................................................................................... 32
10.3 Licensing and Copyright ................................................................................................................ 32
11.0 Other Applicable Terms and Conditions ........................................................................................ 32
11.1 Animal Welfare Act........................................................................................................................ 32
11.2 Civil Rights Obligations/Nondiscrimination .................................................................................. 32
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11.3 International Travel – Fly America Act.......................................................................................... 33
11.4 Prohibition on Congressional Interest in Agreements .................................................................... 34
11.5 Lobbying Prohibitions .................................................................................................................... 34
11.6 Trafficking in Persons .................................................................................................................... 34
11.7 Environmental Standards ................................................................................................................ 37
11.8 Cooperator Integrity and Performance ........................................................................................... 37
11.9 Never Contract with the Enemy ..................................................................................................... 39
11.10 Drug Free Workplace ..................................................................................................................... 40
11.11 Allocation of Liability and Indemnification ................................................................................... 41
12.0 Compliance with Executive Orders and Other Presidential Actions ........................................... 42
12.1 EO 13043: Increasing Seat Belt Use in the United States .............................................................. 42
12.2 EO 13513: Federal Leadership on Reducing Text Messaging While Driving ............................... 42
12.3 EO 13642: Making Open and Machine Readable the New Default for Government Information 42
12.4 EO 13706: Establishing Paid Sick Leave for Federal Contractors ................................................. 43
12.5 EO 14149: Restoring Freedom of Speech and Ending Federal Censorship ................................... 43
12.6 EO 14168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth
to the Federal Government ........................................................................................................................... 43
12.7 EO 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity ..................... 43
12.8 EO 14199: Withdrawing the U.S. From and Ending Funding to Certain United Nations
Organizations and Reviewing U.S. Support to all International Organizations ........................................... 43
12.9 EO 14201: Keeping Men Out of Women’s Sports ......................................................................... 43
12.10 EO 14204: Addressing Egregious Actions of the Republic of South Africa .................................. 43
12.11 EO 14218: Ending Taxpayer Subsidization of Open Borders ........................................................ 43
12.12 EO 14224: Designating English as the Official Language of the United States ............................ 44
12.13 EO 14292: Improving the Safety and Security of Biological Research ......................................... 44
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1.0 OVERVIEW OF GENERAL TERMS AND CONDITIONS FOR
MUTUAL INTEREST AGREEMENTS
1.1 Introduction
These General Terms and Conditions for Mutual Interest Agreements (General Terms and
Conditions) outline U.S. Department of Agriculture (USDA) mandatory agreement terms. The
General Terms and Conditions are determined by statutory, regulatory, and agency
requirements, as well as by administrative policies. Unless otherwise prohibited by law,
cooperators and subcooperators of USDA mutual interest agreements (agreements) must
comply with these General Terms and Conditions. These General Terms and Conditions are in
addition to the assurances and certifications made as part of the agreement and any agency- or
program-specific terms, conditions, and restrictions included in the agreement.
The cooperator shall maintain a copy of these General Terms and Conditions, as well as the
agreement provisions and any subsequent changes to the agreement. Electronic copies of these
General Terms and Conditions are publicly available at: https://www.usda.gov/about-
usda/general-information/staff-offices/office-chief-financial-officer/federal-financial-
assistance-policy/usda-general-terms-and-conditions.
1.2 Order of Precedence
In the event of any inconsistency among the terms and conditions of the Federal Agreement
and/or other issuances, the inconsistency will be resolved by giving precedence in the
following order:
1. Applicable statutes of the United States
2. Program-specific regulations
3. Federal agreement provisions and specific conditions
4. Program-specific Terms and Conditions
5. Agency-specific Terms and Conditions
6. USDA General Terms and Conditions
7. Approved budget and program plans
8. Notice of Funding Opportunity (if applicable)
1.3 USDA Responsibilities
USDA has overall responsibility for USDA-issued agreements, including providing oversight
for programmatic, financial, and administrative performance.
1.4 Cooperator Responsibilities and Compliance with Federal Requirements
The cooperator is responsible for notifying the USDA agency of any significant problems
relating to the administrative, programmatic, or financial aspects of the agreement.
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The cooperator has full responsibility for the management of the project or activity supported
under the agreement and for adherence to Federal statutes and regulations, all applicable terms
and conditions (including these General Terms and Conditions), the agreement provisions, and
approved budget and program plans. Although the cooperator is encouraged to seek advice and
opinion from the USDA agency on special problems that may arise, such advice does not
diminish the cooperator’s responsibility for making prudent and sound administrative
judgments under the circumstances prevailing at the time the decision was made and should not
imply that the responsibility for operating decisions has shifted to the USDA agency.
The cooperator is responsible for submitting full, complete, and timely documentation, as
required by applicable Federal statute, regulations, applicable terms and conditions, or upon
request of the USDA agency. For elements of cost, documentation must be specific, detailed,
and contemporaneous, and it must support all reported or requested expenses, both Federal and
non-Federal. The USDA agency may determine that any documentation related to an
agreement is not adequate to determine that costs are reasonable, necessary, allowable, and
allocable. When a USDA agency makes such a determination, the cooperator must revise and
resubmit documentation as requested by the USDA agency. Failure to do so may result in
delays or nonperformance of actions related to the agreement, such as requested amendments,
nonpayment of disbursements, or determination of noncompliance.
These General Terms and Conditions extend to all entities party to a subagreement, and the
cooperator must ensure their inclusion in the corresponding agreements.
1.5 Subagreement and Contract Requirements
Cooperators must obtain written approval from the USDA agency prior to issuing
subagreements or contracts (including any similar forms of agreement) regarding any segment
of a funded agreement. Requests for prior approval must be in writing and identify the
subcooperators or contractor, authorized activities, and all anticipated costs. If all such
elements are identified in a budget or budget narrative at time of application, approval of the
agreement constitutes prior written approval of the subagreement or contract. The cooperator
shall bear sole responsibility for all aspects of any subagreements or contracts. The USDA
agency's legal relationship is solely with the cooperator and does not extend to any
subagreements or contracts.
The cooperator agrees to the following requirements for all subagreements consistent with
principles of sound and prudent business judgment:
• Compliance: Ensure that all subcooperators comply with all applicable Federal laws,
regulations, and the terms and conditions of this agreement. Include all relevant
provisions of this agreement in all subagreements, ensuring the requirements flow down
to the lowest tier.
• Monitoring and Oversight: Actively manage and monitor the performance of
subcooperators to ensure they meet programmatic goals, financial obligations, and
compliance requirements.
• Intellectual Property and Data: All intellectual property and data rights stipulated in the
primary agreement between the cooperator and the USDA agency must be
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appropriately addressed and flowed down to the subcooperator level to ensure
compliance with the original terms.
The cooperator remains fully accountable to the USDA agency for the performance and
compliance of all subcooperators, as if the work were performed by the cooperator itself. No
subagreement shall relieve the cooperator of any obligations under this agreement.
1.6 Internal Controls
The cooperator and any applicable subcooperator must maintain effective internal controls over
agreements. The internal controls must align with the “Standards for Internal Control in the
Federal Government” issued by the Comptroller General of the United States. The internal
controls provide assurance that the cooperator and subcooperators are administering the
agreement in compliance with Federal statutes, regulations, and the terms and conditions of the
agreement.
1.7 Conflict of Interest
The cooperator and subcooperators must maintain written standards of conduct covering
conflicts of interest and governing the action of its employees engaged in the selection, award,
and administration of agreements. No employee, officer, or agent may participate in the
selection or administration of an agreement if she or he has a real or apparent conflict of
interest.
If the cooperator has a parent, affiliate, or subsidiary organization that is not a State, local
government, or Indian Tribe, the cooperator must also maintain written standards of conduct
covering organizational conflicts of interest. If subagreements, contracts, or similar pass-
through arrangements are made with a parent, affiliate or affiliated company, or subsidiary
organization that is not a State, local government, or Indian tribe, no profit may result from
goods or services rendered under such arrangements under the agreement.
“Affiliate” or “affiliated company” of any specified person or entity means any other person or
entity directly or indirectly controlling of, controlled by, under direct or indirect common
control with, or related to, such specified person or entity, or which exists for the sole purpose
of providing any service to one company or exclusively to companies which otherwise meet
the definition of affiliate. This definition includes Variable Interest Entities as described in
Financial Accounting Standards Board Interpretation (FIN) No. 46(R), Consolidation of
Variable Interest Entities. For the purpose of this definition, "control" means the possession
directly or indirectly, of the power to direct or cause the direction of the management and
policies of a company, whether such power is exercised through one or more intermediary
companies, or alone, or in conjunction with, or pursuant to an agreement with, one or more
other companies, and whether such power is established through a majority or minority
ownership voting of securities, common directors, officers, or stockholders, voting trust,
holding trusts (other than money exchanged) for property or services.
The cooperator must disclose any conflict of interest, including organizational conflicts of
interest, and the cooperator’s approach for resolving the conflict of interest, to the USDA
agency within five (5) calendar days of the discovery of the conflict of interest. Upon notice
from the cooperator of a potential conflict of interest and the approach for resolving it, the
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USDA agency will make a determination regarding the effectiveness of the cooperator’s
actions to resolve the conflict of interest within thirty (30) calendar days of receipt of the
cooperator’s notice, unless the USDA agency advises the cooperator that a longer period is
necessary. The cooperator must not request payment from the USDA agency for costs for
transactions subject to the conflict of interest, pending notification of the USDA agency’s
determination. The cooperator’s failure to disclose a conflict of interest may result in cost
disallowances and/or termination of the agreement.
1.8 Unpaid Federal Tax Liability and Felony Criminal Violations
By accepting the agreement, the cooperator certifies that:
1. It has no unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability; and
2. It has not been convicted of a felony criminal violation under any Federal law within
the preceding twenty-four (24) months.
1.9 Funding to Entities or Individuals on Prohibited Lists
The cooperator certifies and assures that it will not, directly or indirectly, engage with or
provide any funding from the agreement to, including through contracts or subagreements, any
entity or individual identified on any of the lists below. USDA identifies the entities and
individuals on these lists as “prohibited” (i.e., prohibited entity/individual). This commitment
extends to both direct funding, where the cooperator provides funds, and indirect funding,
where a subcooperator, contractor, or other third party provides funds, from the agreement,
whether for the performance of the agreement or for any other purpose related to the agreement
or any of its contracts or other subagreements awarded under the agreement.
1. U.S. Department of War: Entities Identified as Chinese Military Companies Operating
in the United States in Accordance with Section 1260H of the William M. (“Mac”)
Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283). The cooperator must utilize the 2025 list or the most current list published in the
Federal Register.
2. U.S. Department of War: Response to Section 1286 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), as amended. The
cooperator must use the list cleared for publication on June 24, 2025, or the most
current list released by DOW.
3. U.S. Department of State: State Sponsors of Terrorism List
4. U.S. Department of State: International Security and Nonproliferation List
5. U.S. Department of State: Foreign Terrorists Organization List
6. U.S. Department of Treasury, Office of Foreign Assets Control (OFAC), Consolidated
Sanctions List which includes all OFAC non-SDN sanctions lists.
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7. U.S. Department of Treasury, OFAC: Specially Designated Nationals (SDNs) List
8. U.S. Department of Treasury, OFAC: Additional Sanctions Lists which includes the
below and any other similar list released by OFAC.
a. Sectoral Sanctions Identifications (SSI) List
b. Foreign Sanctions Evaders (FSE) List
c. Non-SDN Palestinian Legislative Council (NS-PLC) List
d. List of Foreign Financial Institutions Subject to Correspondent Account or
Payable-Through Account Sanctions (CAPTA List)
e. Non-SDN Menu-Based Sanctions List (NS-MBS List)
f. Non-SDN Communist Chinese Military Companies List (NS-CMIC List)
9. Prohibition on certain telecommunications and video surveillance equipment or
services: 41 U.S.C. Ch. 39 (Statutory Notes)
1.10 Non-Exclusivity
This agreement is non-exclusive, and nothing herein shall be construed to prevent either the
USDA agency or the cooperator from entering into similar agreements or arrangements with
other entities, provided such agreements do not conflict with the terms and conditions of this
agreement or create any actual or apparent conflict of interest in the performance of work
under this agreement.
1.11 No Implied Endorsement
The cooperator shall not, directly or indirectly, represent or imply that the cooperator
(including its products or services) or any associated third parties (including their products or
services) is favored, approved, or endorsed by the United States government, USDA, or any
component thereof, or is considered by the United States government, USDA, or any
component thereof to be superior to other cooperators (including their products or services).
1.12 Employment Eligibility Verification (Immigration and Nationality Act)
The cooperator shall ensure that all employees complete the Employment Eligibility
Verification Form I-9 to certify that they are eligible for lawful employment under the
Immigration and Nationality Act (8 U.S.C. § 1324a). The cooperator shall comply with
regulations regarding certification and retention of the completed forms. The
requirements also apply to any subagreement or contract awarded under this agreement.
1.13 National Environmental Policy Act
All agreements can be subject to environmental review laws. The USDA agency has the
responsibility to comply with the National Environmental Policy Act (NEPA) of 1969, 42
U.S.C. § 4321 et seq., and the USDA NEPA regulations at 7 CFR part 1b. All discretionary
agreements, unless otherwise specifically exempted by statute, require compliance with NEPA
and other relevant environmental laws. The level of NEPA review, and whether environmental
analysis is needed, depends on the activity supported by the USDA agency.
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The cooperator may not draw down funds or incur expenses under this agreement unless, and
until, the NEPA process has been completed and approved by the USDA agency with a
determination of whether further review, documentation, and/or mitigation measures are
required; and the cooperator has satisfied any requirements contained in the USDA agency’s
determination. Once these conditions have been successfully completed, the USDA agency
will then notify the cooperator that the review is complete. At that time, the distribution and
expenditure of funds will be authorized.
When applicable, the USDA agency reserves the right to de-obligate funds obligated under this
agreement (or to require the return of such funds) in the event the cooperator breaches or
otherwise fails to perform under any of the agreement requirements.
1.14 Agricultural Bioterrorism Protection Act
The cooperator assures compliance with the Agricultural Bioterrorism Protection Act of 2002,
as implemented at 7 CFR part 331 and 9 CFR part 121, by agreeing that it will not possess, use,
or transfer any select agent or toxin without a certificate of registration issued by the USDA
agency.
1.15 FOIA - Public Access to Records and Personally Identifiable Information
Documents, correspondence, and any products related to the agreement, from any part of the
agreement cycle, may be made publicly available through Freedom of Information Act (FOIA)
(5 U.S.C § 552) requests. USDA agencies utilize their websites to share accomplishments
resulting from agreements with the public. Restrictions on the release of records and
information apply for Protected Personally Identifiable Information (PPII) or when exempt
from disclosure pursuant to the FOIA, the Privacy Act of 1974 (5 U.S.C. § 552a), or other
applicable statute.
Reports must avoid the use of PPII, including the use of an individual's first name or first initial
and last name in combination with any one or more types of information, including, but not
limited to, social security number, passport number, credit card numbers, clearances, bank
numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and
financial records, educational transcripts, etc. Contact information included in performance
reports should be limited to the organization name, physical address, and telephone number.
1.16 Acknowledgement and Information Dissemination
The cooperator must have an acknowledgement of the USDA agency support placed on any
information dissemination products with any mutual interest agreement support, including
those which report the results of, or describe, a mutual interest agreement-supported activity.
“Information dissemination product” means any recorded information, regardless of physical
form or characteristics, disseminated to the public. “Mutual interest agreement support” means
the transfer of anything of value by the USDA agency through a mutual interest agreement,
inclusive of subagreements and contracts under such instruments, to a cooperator. Such support
may be provided as a cash or in-kind contribution.
Unless the provisions of the agreement say otherwise, this requirement does not apply to
audiovisuals produced as research instruments or for documenting experimentation or findings
that are not intended for presentation or distribution to the public.
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The cooperator must request permission before using any agency logos or marks. If a
cooperator wishes to use the USDA logo, more formally known as the USDA Symbol, they
should request the USDA agency contact the Office of Communications to request permission
on their behalf. See Use of Logos/Marks at the United States Department of Agriculture DR
1430-002 (5)(b)(3) and DR 5160-001 4(a)(8). Cooperator agrees to use the USDA logo in
accordance with the style guidance found at: https://www.usda.gov/about-usda/policies-and-
links/digital/usda-style-guide/logo
For any other agency logo or mark, the cooperator should request permission for use from the
appropriate USDA agency using or overseeing the mark.
2.0 SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL
IDENTIFIER REQUIREMENTS
USDA has adopted the agreement terms—System for Award Management (SAM.gov) and
Universal Identifier Requirements except where otherwise exempted by law:
1. Requirement for System for Award Management. The cooperator must maintain a
current and active registration in SAM.gov or otherwise specifically exempted by
statute. The cooperator’s registration must always be current and active until the
cooperator submits all final reports required under this agreement or receives the final
payment, whichever is later. The cooperator must review and update its information in
SAM.gov at least annually from the date of its initial registration or any subsequent
updates to ensure it is current, accurate, and complete. If applicable, this includes
identifying the cooperator’s immediate and highest-level owner and subsidiaries and
providing information about the cooperator's predecessors that have received a Federal
award, agreement, or contract within the last three years.
2. Requirement for Unique Entity Identifier (UEI). If the cooperator is authorized to make
subagreements under this agreement, the cooperator:
(i) Must notify potential subcooperators that no entity may receive a subagreement
until the entity has provided its UEI to the cooperator.
(ii) Must not make a subagreement with an entity unless the entity has provided its
UEI to the cooperator. Subcooperators are not required to complete full registration
in SAM.gov to obtain a UEI.
3. Definitions. For the purposes of this agreement term:
“System for Award Management (SAM.gov)” means the federal repository into which a
cooperator must provide the information required for the conduct of business as a
cooperator. Additional information about registration procedures may be found in
SAM.gov (currently at https://www.sam.gov).
“Unique entity identifier” means the universal identifier assigned by SAM.gov to
uniquely identify an entity.
“Entity” includes:
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(1) Whether for profit or nonprofit:
(a) A corporation;
(b) An association;
(c) A partnership;
(d) A limited liability company;
(e) A limited liability partnership;
(f) A sole proprietorship;
(g) Any other legal business entity;
(h) Any other cooperator or contractor that is not excluded by
paragraph (2);
(i) Any State or locality; and
(j) Any subcontractor or subcooperator that is not excluded by
paragraph (2);
(2) Does not include:
(a) An individual recipient of an agreement; or
(b) A Federal employee.
3.0 FINANCIAL MANAGEMENT
The cooperator’s financial management system must meet the following standards:
1. Financial Reporting: The cooperator shall provide accurate, current, and complete
disclosure of the financial results of each Federally funded project or program in
accordance with the financial reporting requirements of the agreement.
2. Accounting Records: The cooperator’s accounting records must adequately identify the
source and application of Federal funds for Federally funded activities. These records
shall contain information pertaining to Federal agreements, authorizations, obligations,
unobligated balances, assets, outlays, and income.
3. Internal Control: The cooperator shall maintain effective control and accountability for
all Federal funds, property, and other assets to ensure they are used solely for
authorized purposes and in compliance with Federal statutes, regulations, and the terms
and conditions of the agreement.
4. Source Documentation: Accounting records must be supported by appropriate source
documentation (e.g., cancelled checks, paid bills, payrolls, contract documents). These
documents must be made available to the USDA agency upon request.
5. Financial management systems and related records of the cooperator, subcooperators,
and of any other entity involved in the agreement, must be sufficiently detailed to
prepare reports, trace funds, and demonstrate that fund management complies with
Federal statutes, regulations, and these general and other program-specific terms and
conditions.
3.1 Allowable and Unallowable Costs and Activities
The USDA agency, cooperator, and subcooperator must adhere to sound financial management
principles for all costs associated with this agreement. This includes both the Federal and non-
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Federal share of project costs. Parties may not structure arrangements or obfuscate details to
circumvent these principles.
For a cost to be considered allowable under this agreement, it must meet the following criteria:
1. Necessity and Reasonableness: The cost must be necessary and reasonable for the
performance of the agreement. A cost is reasonable if, in its nature and amount, it does
not exceed that which would be incurred by a prudent person under the circumstances
prevailing at the time the decision was made to incur the cost.
2. Allocability: The cost must be allocable to the agreement. A cost is allocable to a
particular agreement if the goods or services involved are chargeable or assignable to
that agreement in accordance with relative benefits received.
3. Consistency: The cost must be treated consistently. A given cost may not be assigned to
an agreement as a direct cost if any other cost incurred for the same purpose in like
circumstances has been assigned to the agreement as an indirect cost.
4. Conformity: The cost must conform to any limitations or exclusions set forth in this
agreement document.
5. Sound Accounting: The cost must be determined in accordance with generally accepted
accounting principles (GAAP) or other consistently applied sound business practices
appropriate to the organization's circumstances.
6. Documentation: The cost must be adequately documented to support its necessity,
reasonableness, and allocability.
7. No Double Counting: The cost must not be included as a cost or used to meet cost
sharing or matching requirements of any other Federally financed program.
Costs must also adhere to principles of federal appropriations law and interpretations of such
principles by the Comptroller General, as applicable.
3.2 National Security and Unallowable Costs
USDA may periodically identify unallowable elements of cost, whether tangible or intangible,
funded or otherwise made available through cash, non-cash, or in-kind contributions through
an agreement, due to national security concerns. Such determination of unallowability due to
national security may be prescribed by statute, regulation, Executive Order, or administration
policy, or may be in furtherance of Secretary’s Memorandum (SM) 1078-014, and prevents
American taxpayer dollars from supporting countries of concern or other foreign adversaries
who want to undermine our national security. A list of unallowable costs due to national
security will be published and maintained at the following USDA website:
https://www.usda.gov/about-usda/general-information/staff-offices/office-chief-financial-
officer/federal-financial-assistance-policy/national-security-and-unallowable-costs.
The cooperator agrees to comply with this term and shall not purchase, use, or make available
in any way an unallowable element of cost due to national security for the purposes of a USDA
agreement or using funds under the agreement. This term applies to the list of unallowable
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costs published by USDA at the time of the agreement and any subsequent modifications to the
list. The cooperator agrees to monitor for communications from the USDA agency concerning
modifications to the list and will periodically check the list to ensure compliance with this
term.
3.3 Payments
The following shall apply to all payments to the cooperator:
1. Payment Method: Payments will be made to the cooperator only for elements of cost as
identified on the approved budget and which are in furtherance of the objectives of the
agreement.
2. Invoicing: The cooperator is authorized to submit an invoice to the USDA agency as
often as necessary when electronic fund transfers are used or at least monthly when
electronic transfers are not used, as applicable. Each invoice must include the Federal
Award Identification Number (FAIN), cooperator’s name and UEI, unique invoice
number, invoice date, performance dates of work completed, a description of the work
performed, the amount due for the billing period, and any other supporting
documentation as specified in the agreement.
3. Payment Due Date: The USDA agency should make payment within 30 calendar days
after receipt of a proper invoice.
4. Acceptance of Work: The USDA agency’s Program Manager/representative will have
ten (10) business days to review a submitted invoice. Such a review must include that
completed activities are aligned with the agreement and approved budget.. If the
invoice is deemed improper for any reason, the USDA agency will notify the
cooperator in writing, detailing the reasons, and the parties will jointly work in good
faith to resolve the issue promptly.
5. Advance Payments: If explicitly authorized by law and provided for in the agreement,
advance payments may be authorized by the USDA agency. Any interest earned on
advance payments must be accounted for as specified in the agreement.
6. Withholding of Payments: The USDA agency may withhold payment, in whole or in
part, if the cooperator fails to comply with the terms and conditions of the agreement,
including performance quality or reporting requirements. Any withheld funds will be
released upon subsequent compliance or resolution of the issue.
7. No Government Obligation to Third Parties: The USDA agency has no obligation to
pay any subcooperator of the cooperator. All provisions for payment to third parties are
the sole responsibility of the cooperator.
Advance—An advance payment is a payment that the USDA agency or a cooperator
makes before the cooperator or subcooperator disburses the funds for program purposes.
Unless otherwise authorized by statute, requests for advance payments must be limited to
the minimum amounts needed to meet actual and immediate cash needs in carrying out the
purpose of the approved program. The timing and amount of advance payments must be as
close as is administratively feasible (generally, no greater than three (3) calendar days
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prior) to the actual disbursements by the cooperator or subcooperator for direct program
costs and the proportionate share of any allowable indirect costs, regardless of whether the
payment is made by electronic funds transfer or by other means. Except for a limited
amount of interest allowed to be retained under Federal guidelines, cooperators and
subcooperators may not maintain Federal cash in excess of immediate disbursing needs and
must promptly return unused funds to the applicable USDA agency. All requests for
advance payments must be accompanied by a written justification with sufficient
information to allow the certifying and disbursing officers to verify the actual and
immediate cash need of the cooperator.
Reimbursements—Reimbursements are transfers of Federal funds to the cooperator or
subcooperator after the cooperator disburses funds for approved program activities.
Invoice Standards—All invoice and supporting documentation requirements, as set forth
in the agreement, must be satisfied before payments are issued. USDA agencies may
identify and impose specific invoice and supporting documentation requirements in
respective agreements.
3.4 Audit Requirements
All non-Federal entities that expend $1,000,000 or more in agreements during the non-
Federal entity’s fiscal year must have a single or program-specific audit conducted for
that year. In addition, the cooperator is subject to the audit requirements found in the
Single Audit Act of 1984 as amended, 31 U.S.C. §§ 7501-7506. The cost of an audit
may be charged to the agreement.
Audits for agreements are performed in accordance with Generally Accepted
Government Auditing Standards (GAGAS) and come in two main forms: a program-
specific audit, which focuses on a single Federal program, or a single audit, which
comprehensively reviews the cooperator’s financial statements of that entity’s active
agreements.
A foreign cooperator that expends $1,000,000 or more in agreements during the
cooperator’s fiscal year must have a single or program-specific audit conducted for that
year in accordance with these General Terms and Conditions. In the event the
cooperator undergoes an audit for another Federal agency, a second audit does not need
to be procured so long as the USDA funding was analyzed under the same audit. The
audit must be independently and professionally executed in accordance with GAGAS
either prescribed by a government’s Supreme Audit Institution with auditing standards
approved by the Comptroller General of the United States, or in accordance with the
host country’s laws or adopted by the host country’s public accountants or associations
of public accountants, together with generally accepted international auditing standards.
However, foreign entity audits consistent with International Standards for Auditing or
other auditing standards are acceptable with the USDA agency’s approval.
The USDA agency and its authorized representatives have the legally enforceable right
to examine, audit, and copy, at any reasonable time, all records in the cooperator’s
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possession pertaining to the agreement. Furthermore, the Inspector General or any of his
or her duly authorized representatives shall have access to any pertinent books,
documents, papers, and records of the cooperator. Information accessible to the
Inspector General includes written, printed, recorded, produced, or reproduced by any
mechanical, magnetic, or other process or medium. The USDA agency reserves the
right to conduct audits, inspections, excerpts, transcriptions, or other examinations as
authorized by law, of the cooperator’s documents and facilities.
3.5 Cost Sharing
Unless otherwise authorized by statute, the cooperator may only use funds or other resources
from non-Federal sources to satisfy any cost sharing requirement. Cost sharing provided in the
form of cash and/or in-kind non-Federal resources must be verifiable, provided for in the
approved budget, necessary and reasonable for achieving the project’s objectives, and may not
be included as contributions for any other Federal financial assistance award (as defined at 2
CFR 200.1) or agreement. If a cooperator voluntarily pledges cost sharing above the program’s
required amount, the total becomes a binding requirement of the agreement at time of the
agreement approval and issuance by the USDA agency, which may only be later reduced or
waived through prior written approval from the USDA agency.
Documentation must be retained in the cooperator project files and made available upon
request. The cooperator must maintain documentation identifying:
• The specific costs or contributions that constitute the cost sharing;
• The funding source or contribution; and
• How the appropriate amount of the contribution was determined for reporting purposes.
A cooperator may use unrecovered indirect costs as part of cost sharing only with written
approval from the USDA agency. A cooperator may use Federal funds from a non-USDA
Federal program to meet cost sharing requirements of a USDA program only when both
expressly authorized by law and with the prior written approval of the USDA agency.
3.6 Interest Earned
The cooperator may retain interest earned on Federal payments deposited in interest-bearing
accounts up to $500 per year for administrative expenses. Any additional interest earned on
Federal funds must be returned annually to the Department of Health and Human Services
Payment Management System (PMS) through either the Automated Clearing House (ACH)
network or a Fedwire Funds Service payment. All interest in excess of $500 per year must be
returned to PMS regardless of whether the cooperator or subcooperator was paid through PMS.
Instructions for returning interest can be found at https://pms.psc.gov/grant-
recipients/returning-funds-interest.html.
3.7 Indirect Costs
Federally Negotiated Indirect Cost Rates
Cooperators and subcooperators may elect to apply their current Negotiated Indirect
Cost Rate Agreements (NICRAs) to the agreement. Cooperators and subcooperators
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may voluntarily reduce or waive the collection of indirect costs pursuant to a NICRA.
However, certain USDA authorities or programs may impose limitations that prevent
the cooperator from collecting the full negotiated indirect cost rate. Cooperators must
accept all Federally negotiated indirect costs rates for subcooperators. Cooperators must
ensure that every subagreement includes the selected indirect cost rate method, which
may be:
1. An approved indirect cost rate negotiated between the subcooperator and the
Federal government. If no approved rate exists, the Cooperator must determine
the appropriate rate in collaboration with the subcooperator. The indirect cost
rate may be either:
a. An indirect cost rate negotiated between the Cooperator and the
subcooperator. These rates may be based on a prior negotiated rate
between a different Cooperator and the subcooperator, in which case the
Cooperator is not required to collect information justifying the rate but
may elect to do so; or
b. The de minimis indirect cost rate.
2. The Cooperator must not require the use of the de minimis indirect cost rate if
the subcooperator has an approved NICRA with the Federal government.
Subcooperators may elect to use the cost allocation method to account for
indirect costs.
De Minimis Rate Option
A cooperator or subcooperator that does not have a current, negotiated rate, except for a
governmental department or agency that receives more than $35 million in direct
Federal funding during its fiscal year, may elect to charge a de minimis rate of fifteen
(15) percent of Modified Total Direct Costs (MTDC). For the purposes of mutual
interest agreements, MTDC is defined as all direct salaries and wages, applicable fringe
benefits, materials and supplies, services, travel, and up to the first $50,000 of each
subaward (regardless of the period of performance of the subawards under the award).
MTDC excludes equipment, capital expenditures, charges for patient care, rental costs,
tuition remission, scholarships and fellowships, participant support costs, and the
portion of each subagreement in excess of $50,000. Other items may only be excluded
when necessary to avoid a serious inequity in the distribution of indirect costs and with
the approval of the cognizant agency for indirect costs. No documentation is required to
justify the de minimis rate of fifteen (15) percent.
Costs must be consistently charged as either indirect or direct costs but may not be
double charged or inconsistently charged as both. If chosen, this methodology, once
elected, must be used consistently for all agreements until the cooperator chooses to
negotiate for a rate, for which the cooperator may apply at any time.
The cooperator who elects to charge the de minimis rate of fifteen (15) percent must use
MTDC as the base.
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Indirect Costs for Subagreements
The cooperator is also required to accept Federally negotiated indirect cost rates for
subcooperators unless otherwise required by statute or regulation. For subcooperators
that do not have an approved indirect cost rate negotiated between the subcooperator
and the Federal government, the Cooperator may use a negotiated rate between them
(including one from previous negotiation) or may allow use of the de minimis rate as
described above in this section.
3.8 Procurements
If not prohibited by the agreement’s authorizing statute or the terms of the agreement, the
cooperator may acquire commercially available goods and services in connection with this
project. The cooperator organization must maintain documented procurement procedures
consistent with applicable Federal, State, local, and tribal laws and regulations.
1. General Procurement Standards: Any procurement transaction (i.e., contract) under this
agreement must be awarded following the cooperator’s own established procurement
procedures, ensuring full and open competition to the maximum extent practicable, and
structured to avoid any conflict of interest (or the appearance of a conflict).
2. Specific Requirements for State and Indian Tribe Cooperators: A State or Indian Tribe
cooperator must follow the same policies and procedures it uses for procurements from
non-Federal funds. These procedures must, at a minimum, ensure fair and open
competition, cost-effectiveness, and compliance with all applicable Federal laws and
executive orders.
3. Flow-down Clauses for All Contracts under the Agreement: The cooperator is
responsible for ensuring that all its contracts made in connection with this agreement
contain all applicable Federally mandated provisions. These provisions include, but are
not limited to, those addressing:
a. Labor Standards (e.g., Davis-Bacon Act, Contract Work Hours and Safety
Standards Act)
b. Debarment and Suspension
c. Clean Air and Water Acts
d. Prohibition on certain telecommunications and video surveillance services or
equipment (e.g., 41 U.S.C. Ch. 39 (Statutory Notes))
4.0 PERFORMANCE MONITORING
4.1 Periodic Performance Reports
USDA requires the submission of periodic performance reports to demonstrate the progress
made toward the completion of agreement goals, objectives, and outcomes. Reports must be
formatted and submitted according to the instructions of the USDA agency.
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The cooperator and subcooperator must monitor their activities under all agreements to ensure
that they are compliant with all agreement requirements and that they are meeting performance
expectations. The reports may be required quarterly, semi-annually, or annually. The minimum
reporting requirement is annual submission.
4.2 Final Performance Reports
No later than one hundred and twenty (120) calendar days after the end date of the period of
performance, the termination of the agreement, project completion, or the final disbursement of
the agreement by the cooperator, whichever event occurs first, the cooperator must submit the
final performance report to the USDA agency. The USDA agency will review performance
reports to evaluate the project goals and measurable outcomes, as well as for compliance with
Federal statutes and regulations.
4.3 Subcooperator Monitoring
The cooperator is accountable for the performance of subcooperators and the
appropriate expenditure of Federal funds through projects and activities. This includes
maintaining the necessary documentation on all subagreements and making it available
to the USDA agency upon request. The cooperator must include subagreements
activities in all performance and financial reports.
In general, the requirements that apply to the agreement cooperator flow down to
subcooperators. If the cooperator uses subagreements, it must enter into a formal written
agreement with each subcooperator that addresses the arrangements for meeting the
programmatic, administrative, financial, and reporting requirements of the agreement,
including those necessary to ensure compliance with all applicable Federal statutes,
regulations, and policies.
The cooperator must evaluate each subcooperator’s risk and establish monitoring
activities as necessary to ensure each subcooperator complies with Federal statutes,
regulations, and the terms and conditions of the subagreements.
Monitoring activities may include but are not limited to:
1. Review of performance and financial reports;
2. Onsite reviews of subcooperator program operations; and
3. Providing training and technical assistance on programmatic activities.
The cooperator is responsible for including the requirements of the USDA agency and
agreement-specific terms and conditions in its subagreements, as well as the following:
Agreement identification.
1. Subcooperator’s name (must match the name associated with its unique entity
identifier);
2. Subcooperator’s unique entity identifier;
3. FAIN;
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4. Agreement execution date;
5. Subagreement period of performance start and end date;
6. Subagreement budget period start and end date;
7. Amount of Federal funds obligated in the subagreement;
8. Total amount of Federal funds obligated to the subcooperator by the cooperator,
including the current financial obligation;
9. Total amount of the agreement committed to the subcooperator by the
cooperator;
10. Agreement project description, as required by the Federal Funding
Accountability and Transparency Act (FFATA);
11. Name of the USDA agency, cooperator, and contact information for the
signatory official of the cooperator;
12. Assistance Listing title and number. The cooperator must identify the dollar
amount made available under each Assistance Listing number at the time of
disbursement;
13. Identification of whether the agreement is for research and development; and
14. Indirect cost rate for the agreement (including if the de minimis rate is used).
4.4 Site Visits
The USDA agency, the USDA Office of the Inspector General, or the Government
Accountability Office may conduct in-person or virtual periodic site visits, at its own
expense, to review project accomplishments and monitor progress. Site visit agendas
may include review of financial and performance records, organizational procedures,
and financial control systems. The USDA agency may provide administrative or
technical assistance, as necessary.
The USDA agency will make every effort to notify the cooperator of the site visit within
a reasonable time frame. Any official site visit on the premises of a cooperator or a
subcooperator(s) requires that the cooperator provide, and must require its
subcooperators to provide, all reasonable facilities and assistance in order for the USDA
agency representatives to perform their duties. All site visits and evaluations are
expected to be performed in a manner that does not cause any delay in the
implementation of the project.
5.0 FINANCIAL MONITORING
5.1 Periodic Financial Reports
USDA requires the submission of periodic financial reports. The reports may be required
quarterly, semi-annually, or annually. The minimum reporting requirement is annual
submission. The cooperator is required to submit a financial expenditure report with each
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period’s corresponding performance report to account for their financial expenditures during the
corresponding reporting period. More detailed reports must be formatted and submitted
according to the instructions of the USDA agency.
5.2 Final Financial Report
The final financial report must be submitted to the USDA agency no later than one hundred
and twenty (120) calendar days after the end date of the period of performance, the termination
of the agreement, project completion, or the final disbursement of the agreement by the
cooperator, whichever event occurs first. A subcooperator must submit a final financial report
to a cooperator no later than ninety (90) calendar days after the conclusion of the agreement
period of performance. The USDA agency or cooperator may extend the due date for any
financial report with appropriate justification from the cooperator or subcooperator.
5.3 Review of Financial Reports
USDA agencies will review performance and financial reports to ensure completeness and
progress toward meeting the project goals and measurable outcomes as well as compliance
with Federal regulations. USDA agencies will notify the cooperator if additional information is
required. The cooperator is responsible for adequately addressing all comments and questions
before sending the revised report(s).
6.0 REMEDIES FOR NONCOMPLIANCE
The USDA agency or cooperator may implement specific conditions if the cooperator or
subcooperator fails to comply with the U.S. Constitution, Federal statutes, regulations, or terms
and conditions of the agreement. When the USDA agency or cooperator determines that
noncompliance cannot be remedied by imposing specific conditions, the USDA agency or
cooperator may take one or more of the following actions:
1. Temporarily withhold payments until the cooperator or subcooperator takes corrective
action.
2. Disallow costs for all or part of the activity associated with the noncompliance of the
cooperator or subcooperator.
3. Suspend or terminate the agreement in part or in its entirety.
4. Initiate suspension or debarment proceedings as authorized in 2 CFR part 180 and 2
CFR 417, or for cooperators, recommend suspension or debarment proceedings be
initiated by the USDA agency.
5. Withhold further Federal funds (new agreements or continuation funding) for the
project or program.
6. Pursue other legally available remedies.
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7.0 DEBARMENT AND SUSPENSION
USDA has adopted the Office of Management and Budget (OMB) guidance in Subparts A
through I of 2 CFR part 180 (and as supplemented by 2 CFR part 417), as the USDA’s policy
and procedures for nonprocurement debarment and suspension.
8.0 CLOSEOUT
8.1 Agreement Closeout
The USDA agency will close out the agreement when it determines that all applicable
administrative actions and all required work of the agreement are completed by the cooperator.
If the cooperator fails to complete the applicable administrative actions or the required work
for an agreement, the USDA agency will proceed to close out the agreement with the
information available.
After the closeout of an agreement, the cooperator remains responsible for complying with
certain post-closeout requirements. The closeout of the agreement does not affect any of the
following:
1. The right of the USDA agency to disallow costs and recover funds on the basis of a
later audit or other review;
2. The requirement for the cooperator to return any funds due as a result of later refunds,
corrections, or other transactions, including final indirect cost rate adjustments;
3. The ability of the USDA agency to make financial adjustments to a previously closed
agreement, such as resolving indirect cost payments and making final payments;
4. Ongoing audit requirements;
5. Property management and disposition requirements; or
6. Records retention requirements.
The cooperator may charge the agreement during closeout for the costs of publication or
sharing of research results if the costs are not incurred during the period of performance
of the agreement.
8.2 Termination
This agreement may be terminated, in part or in its entirety, under any of the following
circumstances:
1. If the cooperator fails to comply with the U.S. Constitution, Federal statutes,
regulations, or terms and conditions of the agreement. Examples of terms and
conditions of this agreement for which failure to comply may result in termination
include:
a. SAM.gov: The cooperator shall maintain current organizational information and
the original UEI provided for this agreement in SAM until receipt of final
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payment. Any change to the original UEI provided in this agreement will result
in termination of this agreement and de-obligation of any remaining funds.
b. Failure to Report: If financial and performance reports are not submitted timely,
according to the terms and schedules outlined in this agreement, this agreement
may be terminated and the remaining funds de-obligated.
2. With the mutual consent of the cooperator.
3. For the convenience of the USDA agency, with thirty (30) days written notification to
the cooperator.
4. With thirty (30) days written notification by the cooperator to the USDA agency,
provided that such notification sets forth the reasons for termination, the effective date,
and in the case of partial termination, the portion to be terminated.
a. In the event of partial termination by the cooperator, if the USDA agency
determines that the remaining portion of this agreement will not accomplish the
purposes for which it was made, the USDA agency may terminate this
agreement in its entirety effective on the date provided in the original notice.
b. In the event of full or partial termination by the cooperator, including full
termination by the USDA agency due to the determination referenced in the
preceding sub-provision, the USDA agency may establish a replacement
agreement to accomplish similar work as that which has been identified for
termination. The cooperator shall be liable to the Federal government for excess
costs incurred as a result of the replacement agreement, as identified by the
USDA Grants Management Specialist.
5. If this agreement is funded by an interagency agreement that is terminated in whole or
in part, by the funding Federal agency, the USDA agency will provide to the cooperator
written notice of such termination, which will identify the effective date and, in the case
of partial termination, the portion to be terminated.
The cooperator shall not incur any new expenses for the terminated portion of this agreement
after the effective date of the termination unless such expenses are expressly authorized in the
notice of termination or subsequently. The cooperator shall cancel or discontinue as many
outstanding expenses as possible. The USDA agency shall compensate the cooperator for the
USDA agency share of expenses that cannot be cancelled, were properly incurred by the
cooperator up to the effective date of the termination and were not incurred in anticipation of
termination. The USDA agency shall not compensate the cooperator for any expenses
continuing after termination due to the negligent or willful failure of the cooperator to
immediately discontinue the expenses.
The following terms will apply to any termination:
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1. Any unobligated balance of cash advanced to the cooperator or unexpended program
income must be immediately refunded to the USDA agency, including any interest
earned.
2. Within a maximum of one hundred and twenty (120) days following the date of
termination of this agreement, all financial performance and related reports required by
the terms of the agreement must be submitted to the USDA agency by the cooperator. If
the reports are not received within one hundred and twenty (120) days, the USDA
agency will unilaterally close out the agreement and process the de-obligation of funds
without further communication.
When the USDA agency terminates the agreement prior to the end of the period of
performance due to the cooperator’s material failure to comply with the terms and conditions
of the agreement, the USDA agency shall report the termination in SAM.gov.
All subagreements and contracts under this agreement with a total cumulative value in excess
of $10,000 must address termination for cause and for convenience by the cooperator,
including the manner by which it will be affected and the basis for settlement.
8.3 Unused and Returned Funds
Closeout —The cooperator must liquidate all financial obligations incurred under the
agreement no later than one hundred and twenty (120) days after the end date of the period of
performance, the termination of the agreement, project completion, or the final disbursement of
the agreement by the cooperator, whichever event occurs first. If the cooperator has a balance
of funds the USDA agency previously disbursed, and if those funds were not obligated for
allowable expenditures before the end date of the period of performance, and are not
authorized to be retained, the cooperator must promptly refund those funds to the USDA
agency.
Termination —The cooperator must liquidate all financial obligations incurred under the
agreement no later than one hundred and twenty (120) calendar days after the effective date of
the termination. If the cooperator has a balance of funds the USDA agency previously
disbursed, and if those funds were not obligated for allowable expenditures before the effective
date of termination, the cooperator must promptly refund those funds to the USDA agency.
Request to return unobligated balance —Any Federal funds paid to the cooperator or
subcooperator in excess of the amount the cooperator or subcooperator is determined to be
entitled to under the agreement constitute a debt to the USDA agency. The USDA debt
management procedures can be found at 7 CFR part 3. The USDA agency must collect all
debts arising out of its agreements in accordance with 31 CFR part 901.
8.4 Disposition of Real Property, Equipment, Supplies, and Intangible Property
The cooperator must use, manage, and dispose of real property, equipment, supplies, and
intangible property, acquired or improved under an agreement in accordance with established
Federal property management standards. These standards govern aspects such as title,
authorized use, maintenance, inventory, safeguarding, and eventual disposition of the property.
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This also includes ensuring appropriate insurance coverage and managing any intellectual
property rights in a manner that respects Federal interests.
The cooperator must maintain property records that include a description of the property, serial
number or other identification number (if applicable), the source of funding for the property
(including the FAIN), who holds the title, the acquisition date, and cost of the property.
Additional information includes the percentage of Federal participation in the project costs for
the agreement under which the property was acquired; the location, use, and condition of the
property; and any ultimate disposition data including the date of disposal and sale price of the
property.
The cooperator is expected to manage equipment for the purpose for which it was purchased,
whether acquired in whole or in part under the agreement, until disposition takes place.
9.0 RESEARCH & DEVELOPMENT, SCIENCE & TECHNOLOGY
For purposes of agreement terms 9.6 through 9.10 and 9.14, the following definitions shall
apply:
“Foreign adversary” means any foreign government or foreign non-government person as
defined (see 15 CFR 791.2) or determined (see 15 CFR 791.4) by the Secretary of Commerce
to have engaged in a long-term pattern or serious instances of conduct significantly adverse to
the national security of the United States or security and safety of United States persons.
“Foreign country of concern” means the People’s Republic of China, the Democratic People’s
Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country
determined to be a country of concern by the Secretary of State.
“Foreign entity” means a foreign government, foreign non-government entity (e.g. foreign
corporation, business association, partnership, trust, society), foreign government
instrumentality, or multilateral organization whose members are primarily foreign governments
or non-government entities (e.g., Group of Twenty (G20)).
“Foreign person” means any natural person who is not a U.S. Citizen as defined herein.
“Foreign talent recruitment program” means any program, position, or activity that includes
compensation in the form of cash, in-kind compensation, including research funding, promised
future compensation, complimentary foreign travel, things of non de minimis value, honorific
titles, career advancement opportunities, or other types of remuneration or consideration
directly provided by a foreign country at any level (national, provincial, or local) or their
designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not
directly sponsored by the foreign country, to an individual, whether directly or indirectly stated
in the arrangement, contract, or other documentation at issue.
“Individual” means covered individual, senior/key person, or any other individual employed by
the cooperator to work on the research arrangement, including an individual who (a)
contributes in a substantive, meaningful way to the scientific development or execution of a
research project proposed to be carried out as part of a research arrangement with USDA; and
(b) is designated as a covered individual by USDA. Consistent with National Security
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Presidential Memorandum 33 (NSPM-33), this means principal investigators (PIs) and other
senior or key personnel seeking or receiving USDA research and development funding (i.e.,
extramural funding) and researchers at USDA laboratories and facilities (i.e., intramural
researchers, whether or not Federally employed), including Government-owned, contractor-
operated laboratories and facilities.
“Research” means a systematic investigation, including research development, testing, and
evaluation, designed to develop or contribute to generalizable knowledge. Research includes
all basic, applied, and demonstration research in all fields of science, technology, engineering,
and mathematics. This includes, but is not limited to, research in economics, education,
linguistics, medicine, nutrition, psychology, natural sciences, social sciences, statistics, and
research involving human subjects, animals, and in vitro and in silico techniques. Activities
which meet this definition constitute research (scientific activity), whether conducted or
supported under a program which is considered “research” for other purposes, for example,
some demonstration and service programs may include research or scientific activities.
“Research security training” means online research security training modules developed for the
research community and participants in the United States research and development enterprise
to ensure compliance with NSPM-33 or successor documents, including modules— (a)
focused on cybersecurity, international collaboration and international travel, foreign
interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict
of interest; and (b) tailored to the unique needs of— (i) covered individuals; (ii) undergraduate
students, graduate students, and postdoctoral researchers; and (iii) applicants for agreements
under the Small Business Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) programs (as such terms are defined in section 9(e) of the Small Business Act
(15 USC 638(e)).
“Science Experts Network Curriculum Vitae (SciENcv)” means an electronic system that helps
researchers assemble the professional information needed for participation in Federally funded
research. SciENcv gathers and compiles information on expertise, employment, education and
professional accomplishments (e.g., Common Form for Current and Pending (Other) Support
and the Common Form for Biographical Sketch (OMB Control Number: 3145-0279)).
Researchers can use SciENcv to create and maintain biosketches that are submitted with
applications and annual reports. SciENcv allows researchers to describe and highlight their
scientific contributions in their own words. SciENcv is available at:
https://www.ncbi.nlm.nih.gov/sciencv/.
“U.S. citizen or entity subject to foreign ownership, control, or influence (FOCI)” means a U.S.
citizen or entity when: (a) A foreign interest1 has the power to direct or decide matters affecting
the entity's management or operations in a manner that could: (i) Result in unauthorized access
to classified information; or (ii) Adversely affect performance of a contract or agreement
requiring access to classified information; and (b) The foreign interest exercises that power: (i)
Directly or indirectly; (ii) Through ownership of the U.S. entity's securities, by contractual
arrangements, or other similar means; (iii) By the ability to control or influence the election or
1 For the purposes of this definition, the term “foreign interest” includes foreign person or foreign entity.
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appointment of one or more members to the entity's governing board (e.g., board of directors,
board of managers, board of trustees) or its equivalent; or (iv) Prospectively (i.e., is not
currently exercising the power, but could).2
9.1 Intellectual Property (Copyright and Patent Rights)
To the maximum extent permissible by law, the cooperator or subcooperator shall retain the
right to assert copyright in any work that is copyrightable and either was developed or for
which ownership was acquired under this agreement. However, the USDA agency expressly
reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, distribute, or
otherwise utilize such copyrighted works for Federal purposes, including the right to authorize
third parties to exercise these rights on behalf of the federal government. This reservation of
rights includes the authority of the USDA agency to mandate that the cooperator or
subcooperator make such works accessible through public access repositories operated,
authorized, or designated by the USDA agency.
The cooperator or subcooperator shall adhere to all applicable regulations concerning patents
and inventions, including but not limited to the government-wide regulations delineated in 37
CFR Part 401. Should the cooperator or subcooperator fail to disclose or elect to retain title to a
subject invention in accordance with 37 CFR Part 401, or decline to do so, the USDA agency
reserves the right to obtain title to said subject invention.
9.2 Scientific Integrity and Research Misconduct
USDA is committed to the highest levels of integrity in all of its scientific activities and
decision making. This includes performing, recording, and reporting the results of scientific
activities with honesty, objectivity, and transparency. All individuals and entities performing
under this agreement shall adhere to the principles of scientific integrity as articulated in
USDA Departmental Regulation 1074-001, "Scientific Integrity".
The cooperator is expected to uphold the principles of scientific integrity when engaging in
scientific activities identified in the Departmental Regulation. Scientific integrity is the
condition resulting from adherence to professional values and practices when conducting,
reporting, and applying the results of scientific activities that ensure objectivity, clarity, and
reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism,
inappropriate influence, political interference, censorship, and inadequate procedural and
information security.
The cooperator bears the primary responsibility for prevention and detection of research
misconduct associated with their institution and for the inquiry, investigation, and adjudication
of research misconduct alleged to have occurred in association with their own institution as
described per 2 CFR part 422. The cooperator must comply with the reporting requirements
outlined in 2 CFR part 422 regarding allegations and findings of research misconduct involving
USDA-funded research.
Additional information can be found on the USDA Office of the Chief Scientist website.
2 32 CFR 2004.34
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9.3 Geospatial Data Management Standards
The cooperator agrees to comply with USDA’s Department-wide enterprise geospatial data
management policy implemented in Departmental Regulation 3465-001, which establishes the
USDA policy for defining the strategic direction necessary to optimize the management of the
USDA geospatial data and geospatial infrastructure, including all geospatial data created for,
by, and enhanced by USDA.
9.4 Public Access to Scholarly Publication and Digital Scientific Research Data
The cooperator agrees to comply with USDA’s public access policy implemented in
Departmental Regulation 1020-006, which establishes USDA policy for public access to
scholarly publications and digital scientific research data assets. USDA will make all peer-
reviewed, scholarly publications and digital scientific research data assets arising from
unclassified scientific research supported wholly or in part by USDA accessible to the public,
to the extent practicable.
9.5 Information Security and Privacy
If the cooperator connects to the USDA network or processes/stores USDA information, it
must adhere to all federal and USDA security and privacy mandates. Cooperator personnel
granted access to USDA networks, systems, or authorized to use USDA-owned/leased
equipment, must complete all mandatory USDA security and privacy training. This includes
the Federal Information Security Management Acts (FISMA) of 2002 and 2014, the National
Cybersecurity Protection Act of 2014, and the Privacy Act of 1974, all aimed at safeguarding
USDA information and information systems from cyber threats and unauthorized access.
Detailed USDA control guidelines are provided in the most recent USDA Information System
Security Handbook. Furthermore, compliance with USDA email regulations and policies is
required. Those regulations and policies specifically prohibit the downloading of copyrighted
material without prior authorization or accessing content deemed inappropriate. The cooperator
is also prohibited from disseminating or publishing previously unreleased official government
information or data without explicit authorization under this agreement.
USDA security and privacy protocols are aligned with the latest National Institute of Standards
and Technology (NIST) special publications and are accessible through the USDA Information
System Security Program Manager. Where applicable, the cooperator is required to collaborate
with the designated USDA Program Unit Information Systems Security Manager and the
USDA Information Systems Security Program Manager to meet the FISMA Assessment and
Authorization (A&A) requirements for USDA information and information systems, including
adhering to the USDA's 6-step risk management framework as described in Departmental
Regulation 3540-003: Security Assessment and Authorization.
9.6 Research Security Training
The cooperator of a research agreement, whether an institution or individual, must certify that
each individual employed by the cooperator to work on the agreement has completed research
security training (RST) and must recertify annually for the duration of the agreement. RST
must have been completed either at the time of application, where applicable, or within the 12-
month period immediately preceding the commencement of work on the agreement. The
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required RST can be satisfied by utilizing the training made available by the National Science
Foundation or the SECURE Center.
9.7 Foreign Ownership, Control or Influence (FOCI) by a Country of Concern
By accepting the agreement, the cooperator (whether an institution or individual) certifies that
they are not currently, and will not in the future, enter into any subagreements, contracts, or
other agreements, or otherwise provide any form of benefit (material or non-material) through
either funded or unfunded work to any foreign person, foreign entity, U.S. citizen, or U.S.
entity, that is subject to FOCI by a foreign country of concern or another foreign adversary.
9.8 Disclosures
The cooperator of a research agreement (whether an institution or individual), and all
employees of the cooperator who work on the research agreement, must complete the Common
Form for Current and Pending (Other) Support and the Common Form for Biographical Sketch
using SciENcv, submit the form(s) at time of application, and agree to update the form(s) at any
time USDA deems appropriate during the term of the agreement, but no less than annually. The
cooperator must provide any supporting documentation, including copies of contracts, grants,
or any other agreement, specific to foreign appointments, employment with a foreign
institution, participation in a foreign talent recruitment program, and other information reported
as current and pending support for all employees working on the agreement.
By accepting the agreement, the cooperator certifies that the forms are current, accurate, and
complete.
9.9 Malign Foreign Talent Recruitment Program
The cooperator must certify that they (if an individual) or any individual employed to work on
the research federal agreement is not participating, and has not participated within the past 10
years, in a malign foreign talent recruitment program (FTRP) as defined in 42 U.S.C. § 19237.
Each such individual must certify on the Common Form for Current and Pending (Other)
Support and a Common Form for Biographical Sketch (OMB Control Number 3145-0279) via
SciENcv that they are not party to a malign FTRP and agree to an annual recertification for the
duration of the agreement, complying with 42 U.S.C. § 19232.
9.10 Consequences for Violation of Disclosure Requirements
Violation of disclosure requirements may lead to criminal, civil, and/or administrative
consequences as may be deemed appropriate based upon the particular facts of the violation.
Violations will be thoroughly investigated and referred to criminal and/or civil offices within
the Department of Justice, when warranted. Such matters will also be considered for
administrative action as deemed appropriate. Administrative actions may include suspension
and debarment of individuals or research organizations, where consistent with 2 CFR part 180,
2 CFR part 417, and 48 CFR part 9.4 and appropriate to protect the integrity of government
programs.
In addition to suspension and procedures set forth in 2 CFR part 180, 2 CFR part 417, and 48
CFR part 9.4, the USDA agency may consider action pursuant to other authorities, including
but not limited to:
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1. The USDA agency review of the risk posed by applicants, prior to issuing agreements;
2. Imposing specific conditions on agreements, for instance, due to an applicant's financial
instability, unsatisfactory performance, or noncompliance with terms and conditions;
3. Implementing remedies for noncompliance with federal statutes, regulations, or
agreement terms, such as disallowing costs, withholding payments, or requiring return
of funds;
4. Termination of agreements, in whole or in part, for cause or convenience; and
5. Requiring notification to subcooperators upon termination of an agreement.
Other Potential Administrative Actions
Depending on the facts surrounding the violation, and consistent with due process
requirements, research agencies may consider a range of actions, including upon
recommendation of the cognizant Office of the Inspector General. Such actions include, but are
not limited to:
1. Rejection of a research arrangement application;
2. Preserving a research arrangement but requiring or otherwise ensuring that individual(s)
do not perform work under the arrangement;
3. Ineligibility for participation in U.S. Government review panels and other activities;
4. Suspension or termination of federal employment;
5. Suspension or termination of a research arrangement;
6. Suspension or denial of Title IV funds by the Department of Education; and
7. Placement of the individual or research organization in SAM.gov, including the Federal
Awardee Performance and Integrity Information System (Responsibility/Qualification
records) to alert other agencies.
9.11 Potential Life Sciences Dual Use Research of Concern and Dangerous Gain-
of-Function
This term and condition applies to all research for which USDA agreement funds may be used
that potentially falls within the scope of the U.S. Government Policy for Institutional Oversight
of Life Sciences Dual Use Research of Concern (DURC), as published in September 2014,
and/or would fall under the Department of Health and Human Services Framework for Guiding
Decisions about Proposed Research Involving Enhanced Potential Pandemic Pathogens (HHS
P3CO Framework), as published in January 2017, hereafter referred to as “the Policy”. By
accepting this agreement, the cooperator agrees to comply with the Policy.
The cooperator is responsible for monitoring the research progress and for implementation of
all appropriate biosafety and biosecurity risk mitigation measures including compliance with
all applicable laws and regulations related to that implementation, including the Policy
specified above. The cooperator agrees to ensure that the agreement does not support any
research that USDA will not fund.
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1. Pursuant to the May 5, 2025, Executive Order on Improving the Safety and Security of
Biological Research, USDA will not fund research that could potentially result in
dangerous gain-of-function research conducted by foreign entities in countries of
concern, as defined by the Executive Order, or foreign countries where there is not
adequate oversight. Adequate oversight means the work is conducted in a manner that is
compliant with U.S. biosafety and biosecurity standards.
2. USDA will not fund research that would lead to a dangerous gain-of-function except in
special circumstances where the potential benefits far outweigh the risks, where other
options are not available, and where all other conditions of the Policy are met.
3. USDA will not fund research that involves the creation, transfer, or use of enhanced
potential pandemic pathogens except under special circumstances where the potential
benefits to society far outweigh the risks and all other conditions of the Policy are met.
Each organization involved in the conduct of USDA-supported research that utilizes select
agents or other pathogens specified by the Secretary of Agriculture, must have a standing
Institutional Biosafety Committee (IBC) or other Institutional Review Entity (IRE) whose role
is the review of research involving agents covered by the Policy.
Use of the select agents or other potential pandemic pathogens as defined by the Policy must be
registered with the Centers for Disease Control and Prevention or USDA as directed under the
Select Agent Regulations. Documentation demonstrating appropriate registration of the agent
must be submitted to USDA prior to the issuance of the agreement.
In the rare cases where USDA funds research that involves the creation, transfer, or use of
enhanced potential pandemic pathogens, then special agreement conditions will be applied to
ensure adequate oversite by the cognizant USDA Agency and require the establishment of a
risk mitigation plan for the research that must be reviewed and approved by the IRE and
USDA, as well as the requirement of maintenance of records of institutional review of the
research and risk mitigation activities for three years after completion of the project.
The cooperator must establish an Institutional Contact for Dual Use Research (ICDUR), as
required by the Policy, to serve as an internal resource for issues regarding compliance with
and implementation of the requirements for the oversight of research that falls within the scope
of the Policy. The cooperator must maintain records of institutional DURC reviews and
completed risk mitigation plans for the term of the research grant or contract plus three years
after its completion, but no less than eight years, unless a shorter period is required by law or
regulation.
“Dangerous gain-of-function” research means scientific research on an infectious agent or
toxin with the potential to cause disease by enhancing its pathogenicity or increasing its
transmissibility. Covered research activities are those that could result in significant societal
consequences and that seek or achieve one or more of the following outcomes:
1. Enhancing the harmful consequences of the agent or toxin;
2. Disrupting beneficial immunological response or the effectiveness of an immunization
against the agent or toxin;
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3. Conferring to the agent or toxin resistance to clinically or agriculturally useful
prophylactic or therapeutic interventions against that agent or toxin or facilitating their
ability to evade detection methodologies;
4. Increasing stability, transmissibility, or the ability to disseminate the agent or toxin;
5. Altering the host range or tropism of the agent or toxin;
6. Enhancing the susceptibility of a human host population to the agent or toxin; or
7. Generating or reconstituting an eradicated or extinct agent or toxin.
“Dual use research of concern” means life sciences research that, based on current
understanding, can be reasonably anticipated to provide knowledge, information, products, or
technologies that could be directly misapplied to pose a significant threat with broad potential
consequences to public health and safety, agricultural crops and other plants, animals, the
environment, materiel, or national security.
“Institutional Contact for Dual Use Research” (ICDUR) means an individual designated by the
institution to serve as an institutional point of contact for questions regarding compliance with
and implementation of the requirements for the oversight of DURC as well as the liaison (as
necessary) between the institution and the relevant funding agency.
“Life sciences” means living organisms (e.g., microbes, human beings, animals, and plants)
and their products, including all disciplines and methodologies of biology such as aerobiology,
agricultural science, plant science, animal science, bioinformatics, genomics, proteomics,
microbiology, synthetic biology, virology, molecular biology, environmental science, public
health, modeling, engineering of living systems, and all applications of the biological sciences.
The term is meant to encompass the diverse approaches to understanding life at the level of
ecosystems, populations, organisms, organs, tissues, cells, and molecules.
9.12 Export Control
By accepting this agreement, the cooperator agrees to comply with all applicable laws and
regulations regarding export-controlled items, including the Export Administration Regulations
(EAR) issued by the Department of Commerce. The cooperator shall establish and maintain
effective export compliance procedures throughout the performance of the agreement. At a
minimum, these export compliance procedures must include adequate controls of physical,
verbal, visual, and electronic access to export-controlled items, including by foreign nationals.
If export-controlled items are used to conduct research or are generated as part of the research
efforts, the export control laws and regulations apply to the controlled items.
The cooperator shall control access to all export-controlled items that it possesses or that comes
into its possession in performance of this agreement, to ensure that access to, or release of,
such items are restricted, or licensed, as required by applicable federal statutes, Executive
Orders, and/or regulations, including the EAR.
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To the extent the cooperator wishes to provide foreign nationals with access to export-
controlled items, the cooperator shall be responsible for obtaining any necessary licenses,
including licenses required under the EAR for deemed exports or deemed re-exports.
Compliance with this section will not satisfy any legal obligations the cooperator may have
regarding items that may be subject to export controls administered by other agencies such as
the Department of State, which has jurisdiction over exports of munitions items subject to the
International Traffic in Arms Regulations (22 CFR part 120 through 22 CFR part 130),
including releases of such items to foreign nationals.
Although openly publishable literature is not subject to export control, USDA’s policy is to
oppose interaction with terrorist and embargoed countries unless there is specific U.S.
Government policy support for sponsorship for such interactions.
The cooperator shall include this clause, including this paragraph, in all lower-tier transactions
(subagreements, contracts awarded under the agreement, etc.) under this agreement that may
involve access to export-controlled items.
“Export-controlled information” means information (which may include technology, technical
data, assistance or software), the export (including, as applicable, transfer to foreign nationals
within the United States) of which is controlled under the “Export Administration Regulations”
(maintained by the U.S. Department of Commerce), the “International Traffic in Arms
Regulations” (maintained by the U.S. Department of State), “10 CFR part 810, Assistance to
Foreign Atomic Energy Activities” regulations (maintained by the U.S. Department of
Energy), or various trade and economic sanctions (maintained by the U.S. Department of
Treasury’s OFAC).
“Export-controlled items” means items (e.g., commodities, software, or technology), that are
subject to the EAR (15 CFR part 730 through 15 CFR part 774), implemented by the
Department of Commerce’s Bureau of Industry and Security. These are generally known as
“dual-use” items, items with a military and commercial application.
“Deemed export/re-export” means the release of export-controlled items (specifically,
technology or source code) to a foreign national in the U.S. Such release is “deemed” to be an
export to the home country of the foreign national (15 CFR 734.2). A release may take the
form of visual inspection, oral exchange of information, or the application abroad of
knowledge or technical experience acquired in the United States. If such a release occurs
abroad, it is considered a deemed re-export to the foreign national’s home country. Licenses
from Department of Commerce may be required for deemed exports or re-exports.
Transfer can occur by the transmission of technology/items by physical or electronic means
such as:
1. Shipping (by land, sea, or air) of export-controlled information (ECI); hand-carrying on
foreign travel; or performing processes or services in a foreign country that convey
expertise;
2. Sales, loans, or donations to foreign persons, including associated technical manuals;
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3. Consulting with or training foreign persons;
4. Publications, presentations, and participation in international exchange programs or
conferences;
5. Mail, faxes, emails, postings/data transfer on the Internet, or communication through
telephone calls;
6. Cooperative Research and Development Agreements (CRADA), patent applications,
non-disclosure agreements, procurement specifications, Memoranda of
Agreement/Understanding, and contracting instruments; and
7. Sharing export-controlled technology/information with foreign persons in the United
States, including visits or assignments of foreign persons to USDA facilities.
If a violation occurs or one is thought to have occurred, self-disclosure is required to USDA
and the appropriate export control jurisdictional authority. Each cooperator has or should have
an escalation process for such matters. Depending on circumstances and the significance of the
violation, penalties can include:
1. Fines for the individual and/or legal entity contractor;
2. Denial of export privileges for a specified period of time or indefinitely;
3. Loss of Programs/Projects;
4. Loss of reputation;
5. Debarment, seizure, and/or forfeiture; or
6. Imprisonment.
9.13 Limitation on Use of Funds for Research Involving Human Subjects
By accepting this agreement, the cooperator agrees that no work involving human subjects may
be undertaken, conducted, or costs incurred and/or charged to this agreement for human
subject’s research, until the appropriate documentation is approved in writing by USDA. This
documentation may include:
1. Documentation establishing approval of the project by an institutional review board
(IRB) approved for federal-wide use under Department of Health and Human Services
guidelines;
2. Documentation to support an exemption for the project;
3. Documentation to support deferral for an exemption or IRB review; or
4. Documentation of IRB approval of any modification to a prior approved protocol or to
an informed consent form.
5. The cooperator shall obtain and document a legally sufficient informed consent from
each human subject involved. No such informed consent shall include any exculpatory
language through which the subject is made to waive, or to appear to waive, any of his
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or her legal rights, including any release of the cooperator or its agents from liability for
negligence.
If approved, the cooperator agrees to comply with U.S. Department of Health and Human
Services’ regulations regarding human subjects, appearing in 45 CFR part 46 (as amended) and
USDA regulations appearing in 7 CFR part 1c. The cooperator and any subcooperator, as
appropriate, must maintain appropriate policies and procedures for the protection of human
subjects. The cooperator will provide assurance that the risks do not outweigh either potential
benefits to the subjects or the expected value of the knowledge sought and selection of subject
or groups of subjects shall be made without regard to sex, race, color, religion, or national
origin unless these characteristics are factors to be studied.
The protection of human subjects (the “Common Rule”) as codified in 45 CFR part 46, subpart
A, defines a human subject as a living individual about whom an investigator conducting
research obtains (1) information or biospecimens through intervention or interaction with the
individual (e.g., surveys and focus groups), and uses, studies, or analyzes the information or
biospecimens or (2) uses, studies, analyzes, or generates identifiable private information or
identifiable biospecimens.
10.0 RECORDS MANAGEMENT
10.1 Record Retention
The cooperator must retain all records relating to the agreement for three (3) years after the
submission of the final financial report. If any litigation, claim, or audit is started before the
expiration of the three (3) year period, records must be retained until all litigation, claims, or
audit findings involving the records have been resolved and final action taken, to include when
appeal rights have lapsed and no appeal was filed. Following are exceptions and qualifications
to the retention requirement and period for other types of Federal-related records:
1. Property Records: Records for real property and equipment acquired with Federal funds
must be retained for three (3) years after final disposition of the property.
2. Transferred Records: When records are transferred to or maintained by the USDA
agency or cooperator, the cooperator or subcooperator is relieved of the three (3) year
retention requirement for those specific records.
3. Program Income: Records for program income transactions occurring after the period
of performance must be retained for three (3) years from the end of the cooperator or
subcooperator’s fiscal year in which the program income is earned. This requirement is
only applicable if the USDA agency or cooperator requires the cooperator or
subcooperator to report on program income earned after the period of performance in
the terms and conditions of the agreement.
4. Indirect Cost Rate Proposals/Cost Allocation Plans: Records related to indirect cost rate
proposals and cost allocation plans must be retained until such proposals and plans have
been submitted and approved, or for the three (3) year general retention period,
whichever is later.
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5. As Directed: The cooperator or subcooperator may also be notified in writing by the
USDA agency or cooperator, cognizant agency for audit, oversight agency for audit, or
cognizant agency for indirect costs to extend the retention period.
10.2 Access to Records
The USDA agency, Inspectors General, the Comptroller General of the United States, and the
cooperator, or any of their authorized representatives, must have right of access to any
documents, papers, or records of cooperators and subcooperators which are pertinent to the
agreement, to make audits, examinations, excerpts, and transcripts. Compliance with this
requirement includes timely and reasonable access to the cooperator’s and subcooperator’s
personnel for interviews and discussion related to such documents.
10.3 Licensing and Copyright
The Federal government reserves a royalty-free, nonexclusive and irrevocable license to
reproduce, make public or otherwise use, and to authorize others to use for Federal purposes:
1. The copyright in all information dissemination products, which means any recorded
information, regardless of physical form or characteristics, disseminated to the public,
developed under an agreement; and
2. Any rights of copyright to which the cooperator purchases ownership under an
agreement.
11.0 OTHER APPLICABLE TERMS AND CONDITIONS
11.1 Animal Welfare Act
The cooperator agrees to comply with the Animal Welfare Act (7 U.S.C. § 54) and
corresponding regulations in 9 CFR part 1 through 9 CFR part 4 pertaining to the care,
handling, and treatment of vertebrate animals held or used for research.
11.2 Civil Rights Obligations/Nondiscrimination
The cooperator must comply, and certifies that it will comply, with all applicable Federal anti-
discrimination laws, regulations, and policies for the duration of the agreement, to include the
following without limitation:
1. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq;
2. Presidential Executive Order 14168, Defending Women from Gender Ideology
Extremism and Restoring Biological Truth to the Federal Government;
3. Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and applicable
implementing regulations at 7 CFR part 15, subpart A;
4. Presidential Executive Order 14173, Ending Illegal Discrimination and Restoring
Merit-Based Opportunity; and
5. Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 et seq.).
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By accepting the agreement, the cooperator certifies that it does not, and will not during the
term of the agreement, operate any programs that advance or promote Diversity, Equity, and
Inclusion in violation of Federal anti-discrimination laws. The cooperator must include the
provisions of this term in all subagreements.
The above requirements are conditions of payment that go to the essence of the agreement, and
they are therefore material terms of the agreement. The cooperator acknowledges that this
certification reflects a change in the government’s position regarding the materiality of the
foregoing requirements and therefore any prior payment of similar claims does not reflect the
materiality of the foregoing requirements to this agreement. Payments under the agreement are
predicated on compliance with the above requirements, and therefore the cooperator is not
eligible for funding under the agreement or to retain any funding under the agreement absent
compliance with the above requirements. USDA reserves the right to terminate agreements and
recover all funds if the cooperator, during the term of this agreement, operates any program in
violation of Federal anti-discrimination laws.
If the cooperator either fails to comply with above requirements, or makes a knowing false
statement related to compliance with the above requirements and/or eligibility for the
agreement, the cooperator may be subject to liability under the False Claims Act, 31 U.S.C. §
3729, and/or criminal liability, including under 18 U.S.C. § 287 and 18 U.S.C. § 1001.
For more information about USDA Civil Rights requirements, please visit
https://www.usda.gov/about-usda/general-information/staff-offices/office-assistant-secretary-
civil-rights.
11.3 International Travel – Fly America Act
All Federal government financed international air transportation is required by 49
U.S.C. § 40118, commonly referred to as the "Fly America Act," to use U.S. air carrier
service for all air travel and cargo transportation services. One exception to this
requirement is transportation provided under a bilateral or multilateral air transport
agreement, to which the U.S. government and the government of a foreign country are
parties, and which the Department of Transportation has determined meets the
requirements of the Fly America Act.
Current “Open Skies Agreements” that are in effect can be found here:
https://www.gsa.gov/policy- regulations/policy/travel-management-policy/fly-america-
act.
It is the cooperator’s responsibility for making determinations and documenting the
decision as to whether an exemption to this requirement applies.
Exceptions vary depending on the direction of travel and are outlined in 41 CFR 301-
10.135 and 41 CFR 301-10.136.
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11.4 Prohibition on Congressional Interest in Agreements
Pursuant to 41 U.S.C. § 6306, no Member of, or Delegate to, Congress shall be
admitted to any share or part of this agreement, or any benefit that may arise therefrom,
either directly or indirectly, except as expressly provided by law.
11.5 Lobbying Prohibitions
In accordance with 31 U.S.C. § 1352, the cooperator is required to abide by the policy
and procedures codified at 22 CFR part 138. By accepting the agreement, the
cooperator agrees that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the cooperator, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the cooperator shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with
its instructions.
3. The cooperator shall require that the language of this certification be included in
the agreement documents for all pass-through agreements at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subcooperators shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352.
Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $25,132 and not more than $251,322 for each such failure.
11.6 Trafficking in Persons
Pursuant to 22 U.S.C. 7104(g), USDA agencies are authorized to terminate an agreement or
take remedial actions if a private entity receiving funds under a Federal agreement engages in
trafficking in persons.
Trafficking in Persons
1. Provisions applicable to a cooperator that is a private entity.
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a. Under this agreement, the cooperator, its employees, subcooperators under this
agreement, and subcooperator's employees must not engage in:
i. Severe forms of trafficking in persons;
ii. The procurement of a commercial sex act during the period of time that this
agreement or any subagreement is in effect;
iii. The use of forced labor in the performance of this agreement or any
subagreement; or
iv. Acts that directly support or advance trafficking in persons, including the
following acts:
(1) Destroying, concealing, removing, confiscating, or otherwise denying
an employee access to that employee's identity or immigration
documents;
(2) Failing to provide return transportation or pay for return transportation
costs to an employee from a country outside the United States to the
country from which the employee was recruited upon the end of
employment if requested by the employee, unless:
(a) Exempted from the requirement to provide or pay for such return
transportation by the Federal department or agency providing or
entering into the grant or cooperative agreement; or
(b) The employee is a victim of human trafficking seeking victim
services or legal redress in the country of employment or a witness
in a human trafficking enforcement action;
(3) Soliciting a person for the purpose of employment, or offering
employment, by means of materially false or fraudulent pretenses,
representations, or promises regarding that employment;
(4) Charging recruited employees a placement or recruitment fee; or
(5) Providing or arranging housing that fails to meet the host country's
housing and safety standards.
b. The Federal agency may unilaterally terminate this agreement or take any remedial
actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity
under this agreement:
i. Is determined to have violated a prohibition in paragraph 1.a. of this term; or
ii. Has an employee that is determined to have violated a prohibition in paragraph
1.a. of this this term through conduct that is either:
(1) Associated with the performance under this agreement; or
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(2) Imputed to the cooperator or the subcooperator using the standards and
due process for imputing the conduct of an individual to an organization
that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on
Government-wide Debarment and Suspension (Nonprocurement),” as
implemented by our agency at 2 CFR part 417.
2. Provision applicable to a cooperator other than a private entity.
a. The Federal agency may unilaterally terminate this agreement or take any remedial
actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subcooperator that
is a private entity under this agreement:
i. Is determined to have violated a prohibition in paragraph 1.a. of this term; or
ii. Has an employee that is determined to have violated a prohibition in paragraph
1.a. of this term through conduct that is either:
(1) Associated with the performance under this agreement; or
(2) Imputed to the subcooperator using the standards and due process for
imputing the conduct of an individual to an organization , as established
by federal government-wide guidelines for debarment and that are
provided in 2 CFR part 180, “OMB Guidelines to Agencies on
Government-wide Debarment and Suspension (Nonprocurement),” as
implemented by our agency at 2 CFR part 417.
3. Provisions applicable to any cooperator.
a. The cooperator must inform the Federal agency and the Inspector General of the
Federal agency immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph 1.a. of this term.
b. The Federal agency's right to unilaterally terminate this agreement as described in
paragraphs 1.b. or 2.a. of this term:
i. Implements the requirements of 22 U.S.C. 78, and
ii. Is in addition to all other remedies for noncompliance that are available to the
Federal agency under this agreement.
(1) The cooperator must include the requirements of paragraph 1.a. of this
agreement term in any subagreement it makes to a private entity.
(2) If applicable, the cooperator must also comply with the compliance plan
and certification requirements in 2 CFR 175.105(b).
4. Definitions. For purposes of this agreement term:
“Employee” means either:
a. An individual employed by the cooperator or a subcooperator who is engaged in
the performance of the project or program under this agreement; or
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b. Another person engaged in the performance of the project or program under this
agreement and not compensated by the cooperator including, but not limited to, a
volunteer or individual whose services are contributed by a third party as an in-
kind contribution toward cost sharing requirements.
“Private entity” means any entity, including for-profit organizations, nonprofit
organizations, institutions of higher education, and hospitals. The term does not include
foreign public entities, Indian Tribes, local governments, or States.
The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex trafficking,”
“Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and
“involuntary servitude” have the meanings given at section 103 of the TVPA, as amended (22
U.S.C. 7102).
In addition, for agreements related to research and development (R&D) or science and
technology (S&T), the cooperator certifies that they are not party to utilizing forced labor or
partnering with non-parties to this agreement who are party to utilizing forced labor.
11.7 Environmental Standards
The cooperator agrees to comply with all applicable standards, orders, regulations, and
requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7606), Section 508 of
the Clean Water Act (33 U.S.C. 1368), and Executive Order 11738.
The cooperator certifies that no facility to be used in the performance of this agreement is on
the Environmental Protection Agency (EPA) List of Violating Facilities. The cooperator will
not use any facility designated by the EPA Administrator as having given rise to a criminal
conviction under either the Clean Air Act or the Clean Water Act.
11.8 Cooperator Integrity and Performance
If the total value of the cooperator’s currently active grants, cooperative agreements,
agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any
period of time during the period of performance of the agreement, the cooperator must comply
with the requirements set forth below:
Reporting of Matters Related to Cooperator Integrity and Performance
1. General Reporting Requirement.
a. If the total value of the cooperator’s active grants, cooperative agreements,
agreements, and procurement contracts from all Federal agencies exceeds
$10,000,000 for any period of time during the period of performance of this
agreement, then the cooperator must ensure the information available in the
responsibility/qualification records through SAM.gov, about civil, criminal, or
administrative proceedings described in paragraph 2. of this agreement term is
current and complete. This is a statutory requirement under section 872 of Public
Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of
Public Law 111-212, all information posted in responsibility/qualification records
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in SAM.gov on or after April 15, 2011 (except past performance reviews required
for Federal procurement contracts) will be publicly available.
2. Proceedings About Which the Cooperator Must Report.
a. The cooperator must submit the required information about each proceeding that—
i. Is in connection with the agreement or performance of a grant, cooperative
agreement, agreement, or procurement contract from the Federal
Government;
b. Reached its final disposition during the most recent 5-year period; and
c. Is one of the following—
i. A criminal proceeding that resulted in a conviction;
ii. A civil proceeding that resulted in a finding of fault and liability and payment
of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000
or more;
iii. An administrative proceeding that resulted in a finding of fault and liability
and your payment of either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or
iv. Any other criminal, civil, or administrative proceeding if—
(1) It could have led to an outcome described in paragraph 2.a.i. through
iii.;
(2) It had a different disposition arrived at by consent or compromise with
an acknowledgment of fault on your part; and
(3) The requirement in this agreement term to disclose information about
the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures. The cooperator must enter the required information in SAM.gov
for each proceeding described in paragraph 2. of this agreement term. The cooperator is
not required to submit the information a second time under grants and cooperative
agreements that were received if you already provided the information in SAM.gov due
to a requirement under Federal procurement contracts previously awarded to the
cooperator.
4. Reporting Frequency. During any period of time when the cooperator is subject to the
requirement in paragraph 1. of this agreement term, the cooperator must report
proceedings information in SAM.gov for the most recent 5-year period, either to report
new information about a proceeding that the cooperator has not reported previously or
affirm that there is no new information to report. If the cooperator has a Federal
contract, grant, cooperative agreement awards or agreement with a cumulative total
value greater than $10,000,000, the cooperator must disclose semiannually any
information about the criminal, civil, and administrative proceedings.
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5. Definitions. For purposes of this agreement term—
“Administrative proceeding” means a non-judicial process that is adjudicatory in nature
to make a determination of fault or liability (for example, Securities and Exchange
Commission Administrative proceedings, Civilian Board of Contract Appeals
proceedings, and Armed Services Board of Contract Appeals proceedings). This
includes proceedings at the Federal and State level but only in connection with the
performance of a Federal contract, agreement, or grant. It does not include audits, site
visits, corrective plans, or inspection of deliverables.
“Conviction” means a judgment or conviction of a criminal offense by any court of
competent jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo contendere.
“Total value of currently active grants, cooperative agreements, agreements, and
procurement contracts” includes the value of the Federal share already received plus
any anticipated Federal share under those agreements (such as continuation funding).
11.9 Never Contract with the Enemy
In accordance with P.L. 113-291 (as amended), the following terms apply if the agreement
exceeds $50,000 and is performed outside the United States, including U.S. territories, and is in
support of a contingency operation in which members of the Armed Forces are actively
engaged in hostilities. It does not apply to the authorized intelligence or law enforcement
activities of the Federal Government.
1. Prohibition on Providing Funds to the Enemy
a. The cooperator must—
i. Exercise due diligence to ensure that no funds, including supplies and services,
received under this agreement are provided directly or indirectly (including
through subagreements or contracts) to a person or entity who is actively
opposing the United States or coalition forces involved in a contingency
operation in which members of the Armed Forces are actively engaged in
hostilities, which must be completed through 2 CFR 180.300 prior to issuing
a subagreement or contract and;
ii. Terminate or void in whole or in part any subagreement or contract with a
person or entity listed in SAM as a prohibited or restricted source pursuant to
subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal agency
provides written approval to continue the subagreement or contract.
b. The cooperator may include the substance of this term, including paragraph (a) of
this term, in subagreements under this agreement that have an estimated value
over $50,000 and will be performed outside the United States, including its
outlying areas.
c. The USDA agency has the authority to terminate or void this agreement, in whole
or in part, if the USDA agency becomes aware that the cooperator failed to
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40
exercise due diligence as required by paragraph (a) of this term or if the USDA
agency becomes aware that any funds received under this agreement have been
provided directly or indirectly to a person or entity who is actively opposing
coalition forces involved in a contingency operation in which members of the
Armed Forces are actively engaged in hostilities.
2. Additional Access to Cooperator Records
a. In addition to any other existing examination-of-records authority, the Federal
Government is authorized to examine any of cooperator records and the records of
subcooperators or contracts to the extent necessary to ensure that funds, including
supplies and services, available under this grant or cooperative agreement are not
provided, directly or indirectly, to a person or entity that is actively opposing the
United States or coalition forces involved in a contingency operation in which
members of the Armed Forces are actively engaged in hostilities, except for
awards awarded by the Department of Defense on or before December 19, 2017,
that will be performed in the United States Central Command (USCENTCOM)
theater of operations.
b. The substance of this term, including this paragraph (b), must be included in
subagreements or contracts under this agreement that have an estimated value over
$50,000 and will be performed outside the United States, including its outlying
areas.
11.10 Drug Free Workplace
General Requirement. As a condition of receiving Federal funds under this agreement, the
cooperator must maintain a drug-free workplace.
Individuals. If the cooperator is an individual, they must not engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance in
connection with the performance of any agreement.
Organizational Cooperators. If the cooperator is an organization, it must do all of the
following:
(1) Policy Statement. Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance is
prohibited in the cooperator’s workplace and specifying the actions that will be taken
against employees for violation of such prohibition.
(2) Awareness Program. Establish a drug-free awareness program to inform employees
about:
(i) The dangers of drug abuse in the workplace;
(ii) The cooperator’s policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
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41
(iv) The penalties that may be imposed upon employees for drug abuse
violations.
(3) Employee Notification. Provide a copy of the statement required by paragraph (1) of
this term to each employee who will be engaged in the performance of the agreement.
(4) Employee Conviction Reporting. Require that each employee who will be engaged
in the performance of the agreement notify the cooperator in writing of his or her
conviction for a violation of a criminal drug statute occurring in the workplace no later
than five (5) calendar days after such conviction.
(5) Agency Notification. Notify the Federal agency in writing within ten (10) calendar
days after receiving a notice under paragraph (4) of this section from an employee or
otherwise receiving actual notice of such a conviction.
(6) Action on Conviction. Within thirty (30) calendar days after receiving a notice
under paragraph (4) of this section from an employee or otherwise receiving actual
notice of such a conviction, the cooperator must either:
(i) Take appropriate personnel action against such an employee, up to and
including termination; or
(ii) Require such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency.
(7) Good Faith Effort. Make a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (1) through (6) of this section.
(8) Failure to Comply. Failure to comply with these requirements may result in the
suspension or termination of this agreement or debarment of the cooperator.
11.11 Allocation of Liability and Indemnification
1. Prohibition on Federal Indemnification: Nothing in this agreement shall be construed to
create an obligation on the part of the Federal government to indemnify, defend, or hold
harmless any Party or third party by implication or otherwise. Notwithstanding Section
1.2, any provision in this agreement, or in any document incorporated by reference
herein, that purports to obligate the Federal government to indemnify, defend, or hold
harmless any Party or third party, is hereby declared null and void and of no force or
effect as against the Federal government. The cooperator acknowledges and agrees that
no such provision shall be construed as a waiver of the Federal government's sovereign
immunity or as an agreement to assume liability not otherwise authorized by law.
2. Federal Government Liability: The Parties acknowledge and agree that the Federal
government's liability for tort claims is governed solely by the Federal Tort Claims Act
(FTCA), 28 U.S.C. §§ 2671-2680, and other applicable Federal statutes. Under the
FTCA, the United States may be liable for money damages for injury or loss of
property, or personal injury or death, caused by the negligent or wrongful act or
omission of any employee of the Federal government while acting within the scope of
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42
his or her office or employment, under circumstances where the United States, if a
private person, would be liable to the claimant in accordance with the law of the place
where the act or omission occurred.
3. Non-Federal Party’s Independent Actions: This agreement does not create an employer-
employee relationship between the Federal government and the cooperator or its
employees, agents, or subcooperators. The cooperator and its employees, agents, and
subcooperators are not employees of the Federal government for purposes of the FTCA.
4. No Extension of Federal Liability: The Federal government shall not be responsible or
liable under the FTCA, or any other statute or common law principle, for any tortious
acts, omissions, or negligence committed by the cooperator or its employees, agents, or
subcooperators in connection with the performance of this agreement.
5. Non-Federal Party's Responsibility: The cooperator shall be solely responsible for any
claims, liabilities, losses, damages, costs, or expenses, including but not limited to those
arising from personal injury, death, or property damage, caused by the negligent or
wrongful acts or omissions of the cooperator or its employees, agents, or subcontractors
during or in connection with the performance of this agreement.
6. Mutual Non-Indemnification: Neither Party assumes the duty to insure, defend, or
indemnify the other Party against any liabilities arising from its own conduct, and each
specifically retains all immunities and defenses available to it by law (including
sovereign immunity, if applicable).
12.0 COMPLIANCE WITH EXECUTIVE ORDERS AND OTHER
PRESIDENTIAL ACTIONS
USDA must comply with Executive Orders (EOs) and other Presidential Actions. When
incorporated into agreements, the cooperator must comply with EOs or Presidential Actions, as
well as USDA agency policies and regulations. The following EOs are expressly incorporated
into this agreement:
12.1 EO 13043: Increasing Seat Belt Use in the United States
The cooperator is encouraged to adopt and enforce on-the-job seat belt policies and programs
for its employees when operating company-owned, rented, or personally owned vehicles.
USDA encourages individuals to use seat belts while driving in connection with the agreement.
See full text.
12.2 EO 13513: Federal Leadership on Reducing Text Messaging While Driving
The cooperator is encouraged to adopt and enforce policies that ban text messaging while
driving company-owned or -rented vehicles or Federal government owned vehicles, or while
driving personally owned vehicles when on official Federal government business or when
performing any work for or on behalf of the Federal government. See full text.
12.3 EO 13642: Making Open and Machine Readable the New Default for
Government Information
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43
In order to ensure government information is easy to find, accessible, and usable, Federal
government information resources shall be open and machine readable. The cooperator should,
whenever practicable, collect, transmit, and store agreement-related information in open and
machine-readable formats rather than in closed formats or on paper. See full text.
12.4 EO 13706: Establishing Paid Sick Leave for Federal Contractors
Parties that enter into covered contracts with the federal government must provide covered
employees with up to seven days of paid sick leave annually. The parties assure compliance
with the implementing regulations at 29 CFR Part 13, and Appendix A to Part 13 is
incorporated by reference into the agreement as if fully set forth in the agreement. The
regulations shall also apply to any subagreements or contracts under the agreement, unless an
exception applies. See full text.
12.5 EO 14149: Restoring Freedom of Speech and Ending Federal Censorship
No funding shall be directed towards activities that are contrary to section 2 of EO 14149. See
full text.
12.6 EO 14168: Defending Women from Gender Ideology Extremism and
Restoring Biological Truth to the Federal Government
No funding shall be used to promote gender ideology. See full text and Section 11.2.
12.7 EO 14173: Ending Illegal Discrimination and Restoring Merit-Based
Opportunity
The cooperator shall comply fully with all applicable Federal anti-discrimination laws and
acknowledges said compliance is material to the government's payment decisions for purposes
of 31 U.S.C. § 3729(b)(4). The cooperator certifies they do not operate any programs that
promote Diversity, Equity, or Inclusion (DEI) that violate any applicable Federal anti-
discrimination laws. See full text and Section 11.2.
12.8 EO 14199: Withdrawing the U.S. From and Ending Funding to Certain
United Nations Organizations and Reviewing U.S. Support to all
International Organizations
No funding shall be used for a contribution, grant, or other payment to United Nations Relief
and Works Agency for Palestine Refugees in the Near East (UNWRA). See full text.
12.9 EO 14201: Keeping Men Out of Women’s Sports
No funding shall be directed towards educational programs that deprive women and girls of
fair athletic opportunities. No funding shall be directed towards male competitive participation
in women’s sports. See full text.
12.10 EO 14204: Addressing Egregious Actions of the Republic of South Africa
No aid or assistance shall be provided to South Africa. See full text.
12.11 EO 14218: Ending Taxpayer Subsidization of Open Borders
No funding shall be directed towards programs that allow illegal aliens to obtain taxpayer-
funded benefits, provide public resources to meet the needs of illegal aliens, or provide
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44
incentives for illegal immigration by demonstrating the availability of public benefits. See full
text.
12.12 EO 14224: Designating English as the Official Language of the United States
English is the official language of the United States. All USDA agreement announcements,
applications, and information should be in the English language. See full text.
12.13 EO 14292: Improving the Safety and Security of Biological Research
No funding shall be used for dangerous gain-of-function research conducted by foreign entities
in countries of concern pursuant to 42 U.S.C. 6627(c), or in other countries where there is not
adequate oversight to ensure that the countries are compliance with United States oversight
standards and policies. No funding shall be used for other life-science research that is occurring
in countries of concern or foreign countries where there is not adequate oversight to ensure that
the countries are compliance with United States oversight standards and policies and that could
reasonably pose a threat to public health, public safety, and economic or national security. See
full text.
120
TOWN OF VAIL
Unique Entity ID
R17RS3JCQZ68
CAGE / NCAGE
6AGW2
Purpose of Registration
Federal Assistance Awards Only
Registration Status
Active Registration
Expiration Date
Jun 26, 2026
Physical Address
75 S Frontage RD W
Vail, Colorado 81657-5043
United States
Mailing Address
75 S Frontage Road West
Vail, Colorado 81657
United States
Business Information
Doing Business as
(blank)
Division Name
Public Works
Division Number
(blank)
Congressional District
Colorado 02
State / Country of Incorporation
(blank) / (blank)
URL
https://www.vail.gov
Registration Dates
Activation Date
Jun 30, 2025
Submission Date
Jun 26, 2025
Initial Registration Date
Feb 23, 2011
Entity Dates
Entity Start Date
Nov 1, 1966
Fiscal Year End Close Date
Dec 31
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of
P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is
sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant
responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9,
or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active
registration in SAM.gov demonstrates the registrant responded to the proceedings questions.
Exclusion Summary
Active Exclusions Records?
N
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:
Yes
Entity Types
Business Types
Entity Structure
U.S. Government Entity
Entity Type
US Local Government
Organization Factors
(blank)
Profit Structure
(blank)
Last updated by Christopher Southwick on Jun 26, 2025 at 04:08 PM TOWN OF VAIL
Feb 20, 2026 03:13:28 PM GMT
https://sam.gov/entity/R17RS3JCQZ68/coreData?status=null Page 1 of 2
121
Socio-Economic Types
DOT Certified DBE
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small
business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the
SBA supplemental pages during registration.
Government Types
U.S. Local Government
Municipality
Financial Information
Accepts Credit Card Payments
No
Debt Subject To Offset
No
EFT Indicator
0000
CAGE Code
6AGW2
Points of Contact
Electronic Business
Chris Southwick, Mobility Innovation
Coordinator
75 South Frontage Road
Vail, Colorado 81657
United States
Jeff Darnall, Fleet Manager 75 South Frontage Road
Vail, Colorado 81657
United States
Government Business
Chris Southwick, Mobility Innovation
Coordinator
75 South Frontage Road
Vail, Colorado 81657
United States
Jeff Darnall, Fleet Manager 75 South Frontage Road
Vail, Colorado 81657
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Disaster Response
This entity does not appear in the disaster response registry.
Last updated by Christopher Southwick on Jun 26, 2025 at 04:08 PM TOWN OF VAIL
Feb 20, 2026 03:13:28 PM GMT
https://sam.gov/entity/R17RS3JCQZ68/coreData?status=null Page 2 of 2
122
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Kristen Bertuglia, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Resolution No. 7, Series of 2026, A Resolution Approving an
Intergovernmental Agreement between the Town of Vail the State
of Colorado, Colorado Department of Parks and Wildlife,
Regarding the Bighorn Sheep Winter Range Enhancement
Project
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 7, Series
of 2026.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
CPW IGA Memo 031726.docx
Resolution No 7 Series 2026 DPW IGA.docx
CPW-TOV_IGA.pdf
123
To: Vail Town Council
From: Environmental Sustainability Department
Date: March 17 2025
Subject: Resolution No. 7, Series of 2026, A Resolution Approving an Intergovernmental
Agreement between the Town of Vail and the State of Colorado, Colorado Department
of Parks and Widlife, regarding the Bighorn Sheep Winter Range Enhancement Project
(also known as the Booth Creek Fuels Project)
I. Purpose
The purpose of this memorandum is to present for approval Resolution No. 7, which establishes
the partnership between Colorado Parks and Wildlife and the Town of Vail for the Bighorn
Sheep Winter Range Enhancement Project (also known as the Booth Creek Fuels Project).
II. Background
In 2025, Colorado Parks and Wildlife applied to the state’s Auction Raffle Funding for $600,000
to help complete the joint habitat and fuels project on behalf of the town, the USFS, and CPW.
The award was granted late last year for $300,000, and the town had budgeted and pledged
$100,000 toward this effort.
Grant Submittal:
The project will enhance approximately 3,600 acres of Rocky Mountain bighorn sheep habitat
while reducing the risk of catastrophic wildfire and degradation of water resources to local
communities in Eagle County, Colorado. This project will implement treatments to reduce fuel
loading and improve winter, transition, and production habitat for Bighorn Sheep, Elk, and Mule
Deer. By resetting forest succession and reducing fuels, this project will improve the habitat for
iconic western big game species and protect local communities; it will also supplement the goals
of the county's community water plan by insulating the watershed and aquatic resources from
wildfire-generated impairment.
Project Objectives and Need:
This project spans the Middle and Upper Gore Creek watersheds from Spraddle Creek
to Bighorn Creek in Eagle County, Colorado, which are identified as “high risk” for high severity
landscape-scale wildfire and contain critical wildlife habitat for several high-value
species, including Rocky Mountain bighorn sheep. Gore Creek, a gold medal trout stream
adjacent to the project area, is also currently on the imperiled stream list. The full project intends
to enhance and treat approximately 3,059 acres of Rocky Mountain bighorn sheep habitats
124
Town of Vail Page 2
Doing so will reduce the risk of catastrophic wildfires and degradation of water resources in local
communities in Eagle County.
Figure 1. Project Area(s)- Bighorn Sheep Winter Range Enhancement Project
The main objectives of this project are:
Improve the productivity and functionality of 3,059 acres of various Rocky Mountain bighorn
sheep habitats. This includes decadent mountain shrub, high elevation grassland, aspen,
spruce fir, and lodge pole pine communities, which serve as critical habitats for Rocky
Mountain bighorn sheep and other species.
Enhance sightlines and visibility within vegetation for bighorn sheep.
Enhance movement corridors within and between ranges.
Reduce the potential for landscape-level severe wildfire events;
Insulate water resources in the Upper Gore Creek watersheds from the adverse
effects of catastrophic wildfires.
III. Attachments
A. Resolution No. 7, Series of 2026
B. Intergovernmental Agreement between the Town of Vail and Colorado Parks and
Wildlife
125
RESOLUTION NO. 7
Series of 2026
A RESOLUTION APPROVING AN INTERGOVERNMENTAL GRANT AGREEMENT
BETWEEN THE TOWN OF VAIL THE STATE OF COLORADO, COLORADO
DEPARTMENT OF PARKS AND WILDLIFE, REGARDING THE BIGHORN SHEEP
WINTER RANGE ENHANCEMENT PROJECT
WHEREAS, the parties referenced above wish to enter into an Intergovernmental Grant
Agreement, in the form attached hereto as Exhibit A and incorporated herein by this
reference (the “IGA”), for the purpose of enhancing winter range for the Colorado bighorn
sheep.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA, in substantially the same
form as attached hereto as Exhibit A and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this17th day of March 2026.
_________________________
Barry Davis, Mayor
ATTEST:
________________________________
Stephanie Kauffman, Town Clerk
126
127
128
129
130
131
132
133
134
135
136
137
138
139
11.
12.
13.
or
14.
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142
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149
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151
AGENDA ITEM NO. 5.3
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Resolution No. 8, Series of 2026, A Resolution of the Vail Town
Council Adopting an Updated Land Use Application Fee
Schedule
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 8, Series
of 2026.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Land Use Fees-R031226.docx
Land Use Fee Schedule (GR 031326).docx
152
1
3/13/2026
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@18162BF5\@BCL@18162BF5.DOCX
RESOLUTION NO. 8
SERIES 2026
A RESOLUTION OF THE VAIL TOWN COUNCIL ADOPTING AN
UPDATED LAND USE APPLICATION FEE SCHEDULE
WHEREAS, the Town Council wishes to update and clarify the fee schedule for
land use applications submitted to the Community Development Department.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The attached Land Use Application Fee Schedule is hereby adopted,
effective March 1, 2026. The prior fee schedule, adopted by Resolution No. 20, Series
2024, is hereby repealed in its entirety.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 17th day of March,
2026.
______________________________
Barry Davis, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
153
Land Use Application Fees
Effective March 1, 2026
1
DRB Applications Fee
Addition $1,225
Exterior Alteration $500 Multi-Family/Commercial
$325 Single-Family/Duplex
Changes to Approved Plans $180
Conceptual Review $0
New Construction $1,925
Separation Request $0
Sign $325 Plus $1 per Square Foot of Total Sign Area
Tree Removal $0
Wildlife Resistant Enclosure $50 Multi-Family/Commercial
$20 Single-Family/Duplex
Small Project $30
PEC Applications Fee
Conditional Use Permit $1,150
Development Plan $1,900 - New Plan
$650 - Amendment
Exemption Plat $775
Flood Plain Modification $300
Exterior Alteration - Major $1,100
Exterior Alteration - Minor $1,100
Subdivision Review - Major $1,100 Plus $20 per Platted Lot
Subdivision Review - Minor $1,050
Change in District Boundary (Rezoning) $2,000
Special Development District $6,150 - New SDD
$3,725 - Major Amendment
$1,250 - Major Amendment w/o Exterior Modifications
$1,525 - Minor Amendment
Variance $450 - Recycling Exemption Request
$500 - Sign
$1,650 - All Others
Code Amendment/Comprehensive Plan
Amendment
$2,000
Administrative Applications Fee
Plat Amendment $100
Home Occupation $0
Staff Determination $200
154
Land Use Application Fees
Effective March 1, 2026
2
Town Council Application Fee
Appeal $1,000
Permission to Proceed $0
Employee Housing Deed Restricted Unit Exchange $0
Rezoning/Initial Zoning/Boundary Amendment $2,000
Small Project: The following projects for a single-family residence may use a Small Project
application: replacement of doors; painting of doors; replacement of light fixtures; re-roofing of
the entire structure; replacement of decking material; and window replacements.
Reimbursement/Pass-through Account: In addition to the fees listed above, each applicant
must reimburse the Town for the costs of legal and other consultant fees incurred by the Town
during the application review, and must execute a reimbursement agreement to govern the
reimbursement process. A pass-through account must be established with an initial deposit of
$5,000, and a minimum balance of $1,000 must be maintained in the account until the
application is fully processed and finally determined by the Town.
Within 120 days after final approval of the application, or within 120 days after the date on which
the applicant has provided written notice that the development will not proceed, the Town will
determine the balance owned to the applicant and return that amount to the applicant at the
address on file with the application.
Employee Housing Units: A DRB application for an Employee Housing Unit as defined by
Town Code that is not required as Inclusionary Zoning or Commercial Linkage may request a
waiver of the application fee. Such request shall be submitted to the Community Development
Director upon submission of the application.
155
AGENDA ITEM NO. 5.4
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Chris Delles, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Contract Award to A-1 Chipseal Co. for the 2026 Slurry Seal
Project
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with A-1 Chipseal Co. for the 2026
Slurry Seal project, in an amount not to exceed $163,370.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
council memo-slurry 2026.pdf
156
To: Town Council
From: Public Works
Date: 3/10/2026
Subject: 2026 Vail Slurry Seal Contract Award
I. ITEM/TOPIC
2026 Vail Slurry Seal Contract Award
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with A-1 Chipseal to complete
the 2026 Vail Slurry Seal Project.
III. BACKGROUND
Staff received 2 bids for the 2026 Slurry Seal Project. The project is budgeted with the
Capital Street Maintenance budget and is within the engineer’s estimate. Roads
included in this year’s asphalt preventive maintenance project are Arosa Dr, Davos Dr,
Cortina Ln, Garmisch Dr, Chamonix Rd, Chamonix Ln, St. Moritz Way, and Circle Dr.
The project is scheduled to be completed by June 19, 2026.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with A-1 Chipseal to complete the 2026 Vail Slurry Seal Project in the amount
not to exceed $163,370.00.
157
AGENDA ITEM NO. 5.5
Item Cover Page
DATE:March 17, 2026
SUBMITTED BY:Chris Delles, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Contract Award to A Peak Asphalt for On Call Asphalt Repair
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with A Peak Asphalt for On-Call
Asphalt Repair, in an amount not to exceed $125,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council memo on call asphalt 2026.pdf
158
To: Town Council
From: Public Works
Date: 03/10/2026
Subject: 2026 On-Call Asphalt Repair Contract Award
I. ITEM/TOPIC
2026 On-Call Asphalt Repair Contract Award
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with A-peak Asphalt, LLC to
complete the 2026 On-Call Asphalt Repair Contract.
III. BACKGROUND
Staff received 2 proposals for the 2026 On-Call Asphalt Repair Contract. The project is
budgeted with the Capital Street Maintenance budget. This contract is to provide
asphalt roadway patching as directed by Town Staff as needed throughout the Town of
Vail.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with A-Peak Asphalt, LLC to complete the 2026 On-Call Asphalt Repair Contract
in the amount not to exceed $125,000.00.
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AGENDA ITEM NO. 6.1
Item Cover Page
DATE:March 17, 2026
TIME:20 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Action Items (6:10pm)
SUBJECT:Resolution No. 9, Series of 2026, A Resolution Approving an
Operating Agreement with Vail Recreation District for Dobson
Arena (6:10pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 9, Series
of 2026.
PRESENTER(S):Kathleen Halloran, Deputy Town Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
260317_Dobson_Op_Agr.docx
260317 Dobson Op Agreement.pptx
Resolution_No_9_Series_2026_VRD_DOBSON.docx
260317 Dobson Agreement for Council.docx
160
TO: Vail Town Council
FROM: Town Manager’s Office
DATE: March 17, 2026
SUBJECT: Dobson Operating Agreement
I. PURPOSE
The purpose of this discussion is to recap the major deal points in the attached Resolution No.
9, Series 2026, a resolution approving an Operating Agreement with the Vail Recreation District
(VRD) for the operations of Dobson Arena.
II. BACKGROUND
The Town of Vail began its highly anticipated remodel of Dobson Arena in April 2025, with
completion planned prior to November 2026. The Arena was originally built in 1979 and has
had one addition and other remodels performed over the years. However there has not been a
major remodel completed of the entire arena until now. Improvements at Dobson were
identified as an important component of the town’s Civic Area Plan, which was adopted in 2019.
The project, eagerly anticipated by the community, will resolve long standing issues with a
facility that no longer meets the standards expected for public amenities in Vail.
The project is budgeted at $55.4 million, with the Town contributing $44.5M from the Vail
Reinvestment Authority, $4.5 million from the RETT Fund, $3.0 million from Town reserves and
VRD is contributing $3.4 million. The remodel includes newly designed entries at both the south
and west, increased capacity for attendees (1,500 for ice events, 3,500 for special
events/concerts), remodeled and increased number of bathrooms, improved concessions and
lounge area, and special event rigging.
Town Council’s goals for the Dobson Arena focused on increasing the frequency and quality of
entertainment, corporate and conference related events at Dobson both winter and summer. A
related goal is to have entertainment and special events help financially support, to the extent
possible, the public recreational offerings of Dobson and its capital maintenance. Council also
felt it was important that Dobson enhance the Yeti Hockey program so that it continues to be a
community amenity for Vail and that Dobson continue to provide high quality public ice
recreational programs. Financial sustainability was also top of the list, ensuring that Dobson is
maintained and operated in a high-quality manner consistent with Vail’s brand for excellent and
authentic experience.
The Town has enjoyed a long history of partnership with the Vail Recreation District (VRD) in
the management of the arena, with the Vail Recreation District operating the arena since 1993
under a long-term lease (previous one dated 2008). Both organizations are excited for this next
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chapter of collaboration at Dobson Arena and the positive impact that it will have on the
community.
III. DISCUSSION
To coincide with the remodel, the Town and VRD began work on the new operating agreement
in October 2025, with Council’s input along the way. As of last week, both the Town and VRD
reached consensus on operating agreement language. (see Attachment B). Major deal points
are outlined below:
The Town and VRD have agreed upon the overall structure of an Operating Agreement. The
VRD will be the operator of the Arena, with exclusive liquor licensing.
The initial term of the agreement is 3 years and can be renewed for another 7 years. It is
assumed by both the Town and VRD that the first three years will be a learning experience in
understanding expense of operations, as well as handling the scheduling and production of
increased special event use.
Due to the short initial term, the agreement includes a provision that protects VRD’s initial
capital investment in Dobson in case of a future termination: It states that the VRD would be
repaid the fair market value of capital improvements, furniture, fixtures, etc. that was paid
directly by the VRD. It also includes an annual amortization of the $3.4M investment over a 20-
year period, so that the remaining balance would also be repaid to VRD upon a termination.
The “Annual Meeting” detailed in the agreement reinforces the partnership between the Town
and VRD in the operations of Dobson, financial performance, annual budgeting preparation,
capital maintenance plan, fee schedules and calendaring of events. The annual meeting is also
an opportunity to refine operations based on key insights learned during the early years in this
modernized facility.
The Town and VRD will agree upon the master calendar of events and activity at Dobson, with
the Town selecting a number of days to utilize Dobson for Town events such as a music series
or other special events. VRD will manage the calendar for all VRD events, public recreation,
youth tournaments, sports camps and more. For any unexpected opportunities for new or
unique special events outside of the master calendar, the VRD will make best efforts to
accommodate the Town’s requests for event dates.
The Town will hire an Event Manager to negotiate Town event contracts and assist VRD with
event production and sponsor fulfillment for all Town events. Fifty percent of the Event
Manager’s cost will be reimbursed to the Town.
An important component of this agreement is the creation of the “Dobson Fund”, which will be
jointly owned by the Town and VRD. All revenues generated by Dobson Arena, including
recreation fees, tournament fees, food and beverage revenues, sponsorships, presenting rights
and special events or corporate group revenues will flow into the Dobson Fund. Spending from
the Dobson Fund will follow the “Waterfall Provision”, which outlines a priority of expenditures.
The first priority is that the Dobson Fund will provide funding for operating the facility. However,
if there is a deficit in a particular year, the VRD is responsible for subsidizing Dobson operations
out of their other revenue sources. If there is excess after the funding of operations, the Dobson
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Fund will then cover capital maintenance and reserves and then any remainder flow into the
Dobson Reserve Account.
If there is a shortfall in the Dobson Fund before capital maintenance and replacement items
are covered, the Town and VRD will assume financial responsibility for those items they are
responsible for based on historical responsibilities: In short, the Town is responsible for any
exterior capital needs and mechanical systems; VRD is responsible for interior capital needs
and ice plant systems. With the remodel, a revised capital reserve study is necessary to
develop a new capital maintenance and replacement plan. This study will be completed in
2027.
IV. ACTION REQUESTED OF TOWN COUNCIL
Staff requests that Town Council approve Resolution No. 9, Series, 2026. The Vail Recreation
District Board authorized approval of the agreement on March 12, 2026 at a special meeting.
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Operating Agreement
TOWN COUNCIL PRESENTATION March 17, 2026
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The Project and Partnership
2
Dobson Arena was originally built in 1979
A major renovation was contemplated by the Civic Area Plan
adopted by Council in 2019
The project includes new entrances at the south and west of
Dobson, increased attendee capacity, increased number of locker
rooms and bathroom facilities, improved concessions, lounge area
and rigging for special events
VRD has operated Dobson since 1993!
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Council Goals
3
• Increase frequency and quality of entertainment, corporate and
conference related events at Dobson
• Use special events to help financially support public recreation
offerings and capital maintenance of Dobson
• Enhance the Yeti Hockey program so it continues to be a community
amenity
• Continue high quality public ice recreation programming
• Ensure financial sustainability
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Operating Agreement
4
• VRD is the operator of Dobson,
with exclusive liquor licensing
• Term: 3 years, with option to
renew for another 7 years
• Repayment and Purchase of
VRD property
• Annual Meeting
• Master Calendar
• Town Event Manager
• Dobson Fund
• Capital Reserve Study
• Waterfall Provision
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Dobson Fund
5
• Jointly owned funds
• ALL REVENUES generated by Dobson stay at Dobson
• Intent is to financially support operations of Dobson as well as
capital maintenance and replacement
• If an operating shortfall = VRD responsibility
• If a capital shortfall, TOV and VRD shared responsibility
based on Master List
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Waterfall Provision
6
169
Summary
7
Staff is requesting Town Council approve Resolution No. x,
Series 2026
Next up:
Town and VRD staff have already begun working together on the
master calendar and are discussing the event booking process.
Regularly scheduled meetings as we prepare for Dobson’s re-opening
later this year.
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RESOLUTION NO. 9
Series of 2026
A RESOLUTION APPROVING A MANAGEMENT AND OPERATING AGREEMENT BETWEEN
THE TOWN OF VAIL AND THE VAIL PARK AND RECREATION DISTRICT FOR THE
MANAGEMENT AND OPERATION OF THE JOHN A. DOBSON ICE ARENA
WHEREAS, the Town owns the multi-purpose ice facility known as the John A. Dobson
Ice Arena, located at 321 East Lionshead Circle, Vail, CO 81657 (the "Facility");
WHEREAS, the Town is currently undertaking extensive renovations of the Facility as
part of the Town's 2019 Civic Area Plan, with the Town investing over $55 million;
WHEREAS, the VRD is investing over $3.4 million into such renovations;
WHEREAS, the VRD has operated the Facility since 1993 under multiple prior lease
agreements with the Town, most recently the Master Facilities Lease dated July 18, 2008 (the
"Lease"); and
WHEREAS, the parties desire to continue the VRD's operation of the Facility, pursuant
to the terms of the Management and Operating Agreement, attached hereto as Exhibit A and
incorporated herein by this reference (the “Agreement”);
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Agreement, in substantially
the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney
and authorizes the Town Manager to execute the Agreement on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this17th day of March 2026.
_________________________
Barry Davis, Mayor
ATTEST:
________________________________
Stephanie Kauffman, Town Clerk
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MANAGEMENT AND OPERATING AGREEMENT
THIS MANAGEMENT AND OPERATING AGREEMENT (the "Agreement") is
made and entered into this ___ day of __________, 2026 (the "Effective Date") by and
between the Town of Vail, a Colorado home rule municipality with an address of 75 South
Frontage Road, Vail, CO 81657 (the "Town"), and the Vail Park and Recreation District,
a quasi-municipal corporation and political subdivision of the State of Co lorado with an
address of 700 South Frontage Road East, Vail, CO 81657 (the "VRD") (each a "Party"
and collectively the "Parties").
WHEREAS, the Town owns the multi-purpose ice facility known as the John A.
Dobson Ice Arena, located at 321 East Lionshead Circle, Vail, CO 81657 (the "Facility");
WHEREAS, the Town is currently undertaking extensive renovations of the Facility
as part of the Town's 2019 Civic Area Plan, with the Town investing over $55,000,000;
WHEREAS, the VRD investing over $3,400,000 into such renovations;
WHEREAS, when such renovations are completed, the Parties expect and desire
that a wider variety of additional entertainment , corporate, recreational and community
events (collectively the "Events") shall be feasible at the Facility;
WHEREAS, the VRD has operated the Facility since 1993 under multiple prior
lease agreements with the Town, most recently the Master Facilities Lease dated July 18,
2008, which has previously been terminated with regards to the Facility;
WHEREAS, the Parties, by way of this Agreement, desire to continue the VRD's
operation of the Facility, with updated stipulations to account for the Facility's expanded
use following such renovations;
WHEREAS, the Town may further contract, by separate agreement, with third-
party live music and event production companies to schedule and execute special events,
concerts and other revenue-generating activities from time to time at the Facility in
coordination with the VRD; and
WHEREAS, the Parties desire that the Facility be operated in a professional
manner with the objective of providing a venue for: (a) the presentation of a variety of
cultural, educational, entertainment, sporting, social, and other activities; (b) providing
exhibition and meeting facilities for interested public and private organizations; (c)
utilization of the Facility by the Town as a community and by the regional community; and
(d) maximizing the net revenues to the Town and the VRD.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
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I. DEFINITIONS
For purposes of this Agreement the following terms shall have the following
meanings:
"Capital Improvement" means an addition, alteration, renovation, repair or
improvement to the Facility with an initial cost of more than $5,000.
"Capital Maintenance Shortfall" means, if applicable, the amount in which the
Dobson Fund is insufficient to cover Capital Maintenance expenses.
"Capital Maintenance and Replacement Reserve Account" means funds allocated
and appropriated by either Party for the purpose of capital maintenance and replacement
in accordance with the Waterfall Provisions.
"Capital Reserve Study" means a study of the Facility's capital reserves produced
by a third-party consultant.
"Commencement Date" means the date the Facility receives a certificate of
occupancy.
"Dobson Fund" means the legally separate fund established by the VRD for
funding of the Facility under this Agreement.
"Dobson Fund Reserves Account" means a separate reserve account established
in accordance with the Waterfall Provisions.
"Event Manager" means the Town employee or contractor responsible for
negotiating Town event contracts and coordinating with the Facility's team as set forth
herein.
"Executive Director" means the VRD Executive Director or designee.
"Fiscal Year" means the period beginning on January 1st of each year and ending
on December 31st of each year.
"Master Calendar" means the calendar of all activities and events to be held at the
Facility, which calendar is managed by the VRD following approval by both Parties at the
Annual Business Meeting and may be amended throughout the Fiscal Year by mutual
agreement of the Parties.
"Master List" means the comprehensive list of capital maintenance and
replacement needs for the Facility as determined by the Capital Reserve Study produced
by a third-party consultant at a mutually agreed upon time following the Effective Date of
this Agreement.
"Net Operating Loss" means with respect to a Fiscal Year, the excess, if any, of
Operating Expenses for such Fiscal Year over Operating Revenues for such Fiscal Year.
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"Net Operating Profit" means with respect to a Fiscal Year, the excess, if any, of
Operating Revenues for such Fiscal Year over Operating Expenses for such Fiscal Year.
"Operating Expenses" means reasonable expenses directly related to operating
the Facility including the following, but excluding Capital Expenses:
1. Bond and insurance costs, including without limitation personal property,
liability, business loss, and worker's compensation insurance;
2. Audit, accounting and legal fees;
3. Computer, software, hardware and training costs;
4. Employee uniforms and identification;
5. Operating supplies, including general office supplies;
6. Data processing costs;
7. VRD and Town employee payroll, benefits and related costs directly related
to the operation of the Facility, which may include without limitation documented
actual relocation costs, employee bonuses not in excess of 20% of an employee's
salary, and commissions for employees;
8. Equipment rentals and servicing;
9. Routine maintenance, including snow and trash removal;
10. Postage and freight;
11. Services and utilities, including without limitation engineering, security,
electric, steam, gas, telephone, internet;
12. Vendor and concessions, booking commitments, and licenses;
13. Costs of goods for concessions and retail sales;
14. Contracted services;
15. Revenue sharing with event Promoters;
16. Marketing and promotion; and
17. Other non-capital expenses reasonably incurred in operating and managing
the Facility.
"Operating Revenues" means revenues of every kind or nature derived from
owning, operating, managing or promoting the Facility, including without limitation the
following, all as determined in accordance with generally accepted accounting principles :
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1. License, ticket and concession fees and rentals;
2. Revenues from merchandise sales, advertising and sponsorship sales and
renewals (including without limitation revenues from the sale of naming rights);
3. Event sponsorship revenues, equipment rentals, utility revenues, box office
revenues, ticket surcharges (if any), ticket service fees;
4. Food service and concession revenues, provided that if an outside
concessionaire collects and retains such revenues, the amount of such revenues
owed by the concessionaire to the Facility shall be included as Operating
Revenues;
5. Commissions or other revenues from decoration and set -up, security and
other subcontractors, provided that if such revenues are collected in the first
instance by and retained by such subcontractors, the amount of such revenues
owed by such contractors to the Facility shall be included as Operating Revenues;
6. Funds generated from separate agreements with VRD affiliates pertaining
to the Facility;
7. Interest revenues generated by the Dobson Fund, Capital Maintenance and
the Dobson Fund Reserves Account; and
8. If the VRD collects ticket sale or facility fee revenue on behalf of a Promoter
or performer, such ticket sale or facility fee revenue.
"Operating Shortfall" means, if applicable, the amount in which the Dobson Fund
is insufficient to cover Operating Expenses;
"Promoter" means a third-party company contracted by either the VRD or the Town
to finance or organize an event.
"Town Event" means an event where the Town uses the Facility and the Town
negotiates all details, including without limitation ticket pricing, production details and food
and beverage selection, except for procurement and service of any alcoholic beverages,
of which VRD has sole and exclusive control.
"Town Manager" means the Vail Town Manager or designee.
"VRD Capital Investment" means the VRD's initial investment of $3,400,000 to
construct the Facility.
"VRD Event" means any event at the Facility other than a Town Event.
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II. TERM AND TERMINATION
A. Term. The initial term of this Agreement shall begin on the Effective Date
and continue for a period of 3 years following the Commencement Date, unless sooner
terminated as provided herein (the "Initial Term"). By mutual agreement, the Parties shall
have the option to renew this Agreement for one additional 7-year period.
B. Termination for Cause. Either Party may terminate this Agreement upon 60
days' prior written notice if the other Party is in breach of any provision of this Agreement
and such breach is not cured within 30 days of the issuance of written notice of such
breach. In the event that the cause of the breach is of a nature that cannot be reasonably
cured within 30 days, then the cure period shall be of a time period that is r easonable to
cure the breach, not to exceed 90 days.
C. Repayment and Purchase of VRD Property. In the event of a termination
or expiration of this Agreement for any reason or no reason whatsoever, and expressly
subject to Section XIII.K. hereof, the Town shall pay to the VRD the following amounts:
1. The VRD Capital Investment, prorated over a time period of 20 years from
the Commencement Date to the date of termination or expiration, so that for
example, if the Town elects not to renew the Agreement following the Initial Term,
the repayment would be equal to $2,890,000; and
2. The fair market value calculated at the time of termination or renewal
(depreciated value), of all furniture, fixtures, equipment, rink chiller system, dasher
boards, protective glass, and any other Capital Improvements funded by the VRD
or listed in the CFA as owned by VRD, excluding any Capital Improvements paid
for by the Dobson Fund.
E. Disbursements. To the extent any amounts remain in the Dobson Fund
Reserves Account upon termination or expiration of this Agreement after payment of all
outstanding Operating Expenses and reimbursement to the VRD for capital assets funded
directly by the VRD, and excluding the balance in the Capital Maintenance and
Replacement Reserve Account, such amounts shall be split equally between the Parties
and VRD shall promptly transfer to the Town the Town ’s share of such amounts
F. Transfer of Property. Immediately following termination or expiration of this
Agreement, VRD shall deliver a bill of sale for all personal property for which the Town
has paid. VRD shall have no further obligations regarding repair, replacement or
maintenance of the Facility, except pursuant to Section VII.E. hereof.
III. FUNDING; BUDGET
A. General. The VRD shall be responsible for accounting processes and
payment of annual expenditures relating to the Facility. The VRD shall establish the
Dobson Fund and the Parties shall apply all Operating Revenues into the Dobson Fund.
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B. Waterfall Provisions. Each Party may allocate funds in the Dobson Fund
as agreed upon in the Annual Business Meeting and the Annual Budget , subject to the
following, in order of priority (the "Waterfall Provisions"):
1. Operating Expenses, including without limitation funding the Event Manager
role;
2. Capital Maintenance and Replacement Reserve Account, up to the
cumulative amount recommended for the appropriate budget year as identified by
the Capital Reserve Study;
3. Any remainder, which shall be placed in the Dobson Fund Reserves
Account, the use of which shall be agreed upon by the Parties at the Annual
Business Meeting.
C. Operating Shortfall. In the event of a Fiscal Year Operating Shortfall, the
VRD is responsible for subsidizing amounts necessary for operations its revenue sources
exclusive of the Dobson Fund.
D. Capital Maintenance Shortfall. In the event of a Fiscal Year Capital
Maintenance Shortfall, the Town shall be responsible for Town Maintenance and the VRD
shall be responsible for VRD Maintenance as delineated in the Master List.
E. Annual Budget. On or before October 15th of each year, the VRD shall
prepare a proposed annual operating and capital budget for the next Fiscal Year, which
budget shall be approved by both Parties (the "Annual Budget"). The Annual Budget may
be amended at any time upon approval of both Parties.
IV. VRD OBLIGATIONS
A. General Management. The VRD shall act as the operator of the Facility,
with primary responsibility over the operation, direction, management, maintenance,
ticketing, sales, food and beverage concession, merchandise production and supervision
of the Facility and its staff, as more fully described in this Agreement and the Master
Calendar. The VRD at all times comply with all applicable law, including without limitation
the Vail Town Code.
B. Administration. The Executive Director shall be responsible for the
administration of this Agreement on behalf of the VRD and shall be the liaison between
the VRD and the Town on all matters relating to this Agreement. The Executive Director
shall be responsible for the day-to-day operation and management of the Facility,
including appropriate building security and building supervision.
C. Specific Services. As part of its operator responsibilities, the VRD shall:
1. Employ, supervise and direct employees and personnel;
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2. Manage the fulfillment of Town Event contracts and sponsorship fulfillment
in coordination with the Event Manager, including food and beverage service, box
office service, and selection to meet specific user needs, box office customer
service, installation and maintenance of sponsor signage or other sponsor
requirements;
3. Coordinate event production planning for and execution of Town Events with
the Event Manager;
4. Manage VRD recreational programming and the booking and production of
VRD Events;
5. Develop operating procedures, with Town input as appropriate, including
without limitation managing purchasing, payroll, fire prevention, security, crowd
control, routine repairs, preventive maintenance, janitorial services, food and
beverage service, energy conservation, security, ticketing, box office, admission
procedures, loading and delivery, and general user services;
6. Require that all vendors and licensees providing goods or services at the
Facility execute vendor and license agreements that contain indemnification and
insurance obligations consistent with industry standards;
7. Maintain the Facility as provided in this Agreement and the Annual Business
Meeting;
8. Maintain detailed, accurate and complete financial and other records
relating to the Facility in accordance with generally accepted accounting principles;
9. Submit to the Town quarterly and year-end financial reports in a form
reasonably acceptable to the Town;
10. Pay all Operating Expenses and related expenses for the Facility from the
accounts established under this Agreement;
11. Secure licenses and permits necessary for the general operation of the
Facility, including without limitation all necessary food and liquor licenses, except
for licenses required for Town Events;
12. Pay, on a timely basis, all applicable fees, assessments, charges and taxes;
13. Establish and maintain an ongoing relationship with Town boards,
committees and departments, including without limitation the Tourism and
Economic Development Department, the Event Review Committee and the Vail
Local Marketing District; and
14. Attend regular meetings with Town staff.
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D. Right of Entry. The Town and its representatives shall have the right to enter
all portions of the Facility to inspect the same, to observe the performance of the VRD's
obligations under this Agreement, or to install, remove, adjust, repair, replace or otherwise
handle any equipment, utility lines, or other matters in, on, or about the Facility. The
Town's actions shall be conducted such that disruption of the operation of the Facility shall
be kept to a minimum.
E. Subcontracts. The VRD may subcontract services provided at the Facility.
Any such subcontract shall not relieve the VRD of its obligations under this Agreement.
F. Public Skating. The VRD shall allow Town employees free access during
times the facility is open to public skating. Use of the Facility pursuant to such access
shall be subject to all VRD policies, rules and regulations.
G. Concessions. The VRD shall have the exclusive right to procure, establish
and provide food and beverage concessions in a manner consistent with similar facilities
for all VRD Events. The VRD shall provide food and beverage service that meets the
specific user's needs, but shall also permit outside concessions, food trucks and catering
upon request of the Town or Promoters.
H. Liquor Licensing and Beverage Service. The VRD shall obtain the
appropriate liquor license for alcohol service at the Facility and shall have sole and
exclusive control of the purchase, provision, service, and sale of liquor at the Facility.
I. Third Party Agreements. The VRD shall maintain relationships with all
subcontractors, concessionaires and other parties, shall assume responsibility for any
and all negotiations, renewals and extensions (to the extent the VRD deems any of the
foregoing to be necessary or desirable) relating to such agreements, and shall enforce
such agreements, all in compliance with this Agreement. Upon request, the VRD shall
provide a copy of any such agreement to the Town.
J. Master Calendar. The VRD shall maintain the Master Calendar following
approval at each Annual Business Meeting.
1. Town Events. Any Town Events requested after the setting of the Master
Calendar shall be mutually agreed upon by the Parties. Both Parties shall make
their best efforts to accommodate Town Event requests. The Town may release
dates previously guaranteed in the Master Calendar and shall provide as much
advance written notice as reasonably possible.
2. VRD Events. If a VRD event is cancelled or rescheduled, the VRD shall
provide as much advance written notice as reasonably possible to the Town.
V. TOWN RIGHTS AND OBLIGATIONS
A. Administration. The Town Manager shall be responsible for the
administration of this Agreement on behalf of the Town and shall be the liaison between
the VRD and the Town on all matters relating to this Agreement .
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B. Event Manager. The Town's cost for the Event Manager shall be
reimbursed out of the Dobson Fund, up to 0.5 equivalent full-time unit, as determined at
the Annual Business Meeting. The Event Manager shall perform the following duties:
1. Negotiate Town Event contracts and assist with event production and
sponsor fulfillment for all Town Events;
2. Coordinate with the VRD regarding Town Events;
3. Provide updates on Town marketing and promotion activities; and
4. Provide onsite support for the coordination and execution of Town Events.
C. Town Event Schedule. The Town reserves the right to determine the
number and date of Town Events at the Annual Business Meeting , but will work in good
faith with the VRD to minimize scheduling conflicts.
VI. ANNUAL BUSINESS MEETING
A. General. The Parties shall participate in an annual business meeting on a
date mutually agreed to by the Parties by June 30th of each year (the "Annual Business
Meeting").
B. Agenda. At the Annual Business Meeting, the Parties shall accomplish the
following:
1. Annual Budget. The Parties shall prepare the Annual Budget for the
following Fiscal Year.
2. Fee Schedule. The Parties shall set an annual fee schedule for the
following Fiscal Year, including without limitation rental rates. The rental rates shall
be structured on a tiered basis, including without limitation the following tiers:
corporate VRD Events, recreational VRD Events, community VRD Events, Town
Events, and nonprofit VRD Events. The Parties shall set such rates and fees to
be market competitive.
3. Master Calendar. The Parties shall set the Master Calendar for the
following Fiscal Year.
4. Operations and Financial Statements. The Parties shall discuss operating
performance and perform a review of financial statements for the Facility from the
prior year to improve future-year operations and financial performance.
5. Provision of Services. The Parties shall discuss the operation, direction,
management, maintenance, ticketing, sales, food and beverage concession,
merchandise production, sponsorship fulfillment and supervision and staffing of
the Facility, to provide:
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a. Diverse and exceptional recreation opportunities that enhance the
physical, social and emotional well-being of all Vail residents and guests;
b. A world-class destination for events with a high-quality user
experience; and
c. The long-term financial sustainability of the Facility.
VII. MAINTENANCE, REPAIRS AND REPLACEMENT
A. Town Maintenance Responsibility. The Town shall ensure that all
mechanical systems, electrical systems, plumbing systems, structural systems including
foundation, walls and roof structure; and exterior finish items, including without limitation
exterior painting, roofing and windows, are maintained in good working order and safe
condition and repaired when broken or damaged and replaced when they reach the end
of their useful life. The Town shall maintain exterior areas, including landscaping,
irrigation and snow removal.
B. VRD Maintenance Responsibility. The VRD shall maintain the Facility to
ensure a high-quality user experience, and specifically, the VRD shall ensure that all
interior finishes, including without limitation interior painting, drywall, flooring and ice plant
systems are maintained in good working order and safe condition and repaired when
broken or damaged and replaced when they reach the end of their useful life. After
consultation with the Town at the Annual Business Meeting, the VRD shall establish a
daily/weekly maintenance and cleaning schedule of the Facility.
C. Master List. Following completion of the Capital Reserve Study, the Parties
shall develop a Master List, which shall govern maintenance, repair, and replacement of
the facilities and improvements listed in the Master List to provide for the long-term
sustainability of the Facility. The Master List may be modified at any time upon approval
of both Parties.
D. HVAC. The VRD shall hire an outside, qualified contractor to inspect and
provide routine maintenance on the HVAC systems to ensure proper working condition.
E. Damage. The VRD shall document in writing and notify the Town of all
major damage to the Facility promptly after such damage is discovered. The VRD shall
be responsible for the cost of repair or replacement of any facilities or improvements from
damage caused by the negligent or willful acts or omissions (including without limitation
negligent maintenance) of the VRD or its agents, employees, licensees or invitees.
Damage or loss attributable to the general public, including without limitation guests of
VRD or the Town, shall be paid for out of the Dobson Fund.
F. Capital Facilities Assessment. On or before September 1st of each year,
the Parties shall work jointly to review a detailed assessment of the Facility and
improvements for which each Party is responsible under this Agreement (a "CFA"). Such
improvements and related responsibilities are defined in the Master List. The CFA shall
include an evaluation of the adequacy of maintenance to date and at least a 5-year
182
11
4899-4391-9742, v. 17
forecast of expected maintenance, repair, and replacement items and an estimate of
expenditures necessary to accomplish the same consistent with the terms of this
Agreement. Thereafter, if at any time the Parties do not agree to an updated CFA, the
prior CFA shall be used until the Parties can agree to an updated CFA.
G. Annual Maintenance Report. Each Party shall keep a record of actual
expenditures made for maintenance. Such accounts shall be reviewed annually by the
Parties as part of the CFA process.
VIII. FISCAL RESPONSIBILITY; REPORTING
A. Records. The VRD shall keep and maintain separate and independent
records, in accordance with generally accepted accounting principles, devoted
exclusively to its operation of the Facility. The Town shall have the right to examine such
records at any time.
B. Quarterly Reports. The VRD shall make available to the Town, within 30
days after the end of each fiscal quarter, financial reports for the Facility in the form
acceptable to the Town, including a summary of bookings for that quarter, including
attendance at each Event and such other information as the Town reasonably requests.
C. Annual Audited Financial Statements. The VRD shall make available to the
Town by July 31st following the end of each Fiscal Year a certified Annual Audited Financial
Statement for the Facility prepared by an Independent Certified Public Accountant in
accordance with generally accepted auditing standards.
IX. OWNERSHIP
A. Facility, Data, Equipment and Materials. Excluding furniture, fixtures, and
equipment funded directly by the VRD, the Town shall at all times retain ownership of the
Facility, including without limitation the real estate, technical equipment, furniture,
displays, fixtures and similar property, and Capital Improvements.
B. Equipment Rights. The Town hereby grants to the VRD the non-exclusive
right to use equipment purchased specifically for the Facility from Town funds during the
Initial Term and any Renewal Term.
X. SPONSORSHIP, LOGO, MARKETING.
A. Town Sponsorships. The Town is authorized to select any number of
commercial sponsors for the Facility.
B. VRD Sponsorships. Subject to prior Town approval, the VRD is authorized
to sell additional sponsorships, provided that the no sponsorship is:
1. Obscene or of a nature which would seriously offend the reasonable
sensibilities of the public at large or which would seriously disparage or place in
disrepute the Town;
183
12
4899-4391-9742, v. 17
2. In conflict with any Town sponsor;
3. Conferring the impression of an association or affiliation with a state,
municipality or political subdivision other than the Town; or
4. Associated with tobacco products, gambling, weapons, bail bond services,
or specific religious or political views.
C. Sponsorship Revenues. Any revenues generated by sponsorships
("Sponsorship Revenues") shall be applied to the Dobson Fund unless the Parties agree
to apply the Sponsorship Revenues to other specific needs for the Facility.
D. Logo. The Town shall design a logo for the Facility. The VRD shall use
such logo in communications relating to the Facility, on monument signage for the Facility,
and on the VRD's website relating to the Facility.
E. Branding and Marketing. The Town will develop branding for the Facility
and the Town will determine the overall marketing strategy for promotion of the Facility.
The VRD shall use good faith efforts to promote the Facility which efforts shall include
without limitation: including the logo in advertising, on appropriate venue -specific
merchandise, and in press and promotional materials; creating a link to the Town's
website on the Facility's website; and distributing schedules showing upcoming events
and featuring the logo. To the extent that third parties advertise under an agreement with
the VRD, the VRD shall ensure that such third parties state that the location of the Facility
is in the Town.
XI. HOLD HARMLESS
To the extent permitted by law, and specifically subject to Article XII and Sections
XIII.I. and XIII.K. hereof, the VRD shall hold the Town, its agents, servants and employees
harmless from and against any and all liability, loss, damages, costs and expenses,
including reasonable attorney's fees and costs of investigating any such matters, suffered
or sustained by the VRD, its agents, servants or employees, or by any other person
rightfully on or about the Facility arising out of any act, error, omission or negligence in
the operation, maintenance or use of the Facility by the VRD, its agents, servants or
employees or of any occupant, subtenant, visitor or user of any portion of the Facility, or
any condition of the Facility or adjacent property; provided that this shall not extend to
damages resulting solely from the negligence or willful misconduct of the Town, its agents,
servants or employees.
XII. INSURANCE
A. The VRD agrees to procure and maintain a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed
by the VRD pursuant to this Agreement. At a minimum, the VRD shall procure and
maintain, and shall cause any subcontractor to procure and maintain, the insurance
coverages listed below, with forms and insurers acceptable to the Town.
184
13
4899-4391-9742, v. 17
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision,
and shall include the Town and the Town 's officers, employees, and contractors
as additional insureds. No additional insured endorsement shall contain any
exclusion for bodily injury or property damage arising from completed operations.
B. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage. Any insurance
carried by the Town, its officers, its employees or its contractors shall be excess and not
contributory insurance to that provided by the VRD. The VRD shall be solely responsible
for any deductible losses under any policy.
C. Upon request, the VRD shall provide to the Town a certificate of insurance
as evidence that the required policies are in full force and effect. The certificate shall
identify this Agreement.
D. The Town shall have sole responsibility to obtain property insurance for the
Facility, in amounts deemed sufficient by the Town, in its sole discretion. The premium s
for such insurance shall be at the Town’s sole cost and expense.
XIII. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Agreement by the Town shall not constitute a waiver of any of the
other terms or obligation of this Agreement.
C. Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
D. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
E. Notice. Any notice under this Agreement shall be in writing and shall be
deemed sufficient when directly presented or sent pre-paid, first-class U.S. Mail to the
Party at the address set forth on the first page of this Agreement.
185
14
4899-4391-9742, v. 17
F. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written
agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
I. Governmental Immunity. The Parties and their officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Parties or their officers, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Parties under this
Agreement are in addition to any other rights and remedies provided by law. The
expiration of this Agreement shall in no way limit the Parties' legal or equitable remedies,
or the period in which such remedies may be asserted, for work negligently or defectively
performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of either Party not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
L. Force Majeure. No Party shall be in breach of this Agreement if such Party's
failure to perform any of the duties under this Agreement is due to Force Majeure, w hich
shall be defined as the inability to undertake or perform any of the duties under this
Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war,
labor disputes, forces of nature, the authority and orders of governme nt or pandemics.
[Signature Page Follows]
186
15
4899-4391-9742, v. 17
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forrest, Town Manager
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
VAIL PARK AND RECREATION
DISTRICT
_______________________________
Bob Armour, Chair
ATTEST:
___________________________
Secretary
187
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:March 17, 2026
TIME:20 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:10pm)
SUBJECT:Permission to Proceed Tyrolean Project (6:30pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny permission to proceed.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Tyrolean Stairs Permission.pdf
Attachment A. Applicant Narrative.pdf
Attachment B. Existing Conditions.pdf
Attachment C. Policy for the Use of Town Property.pdf
188
To: Town Council
From: Community Development
Date: March 17, 2026
Subject: Tyrolean Permission to Proceed
I. SUMMARY
The applicant, Tyrolean HOA, represented by Ric Fields, are requesting approval for
permission to rebuild the stairs from their building, located at 400 Vail Valley Drive,
down to the Gore Creek Path. The existing stairs are entirely on Town property, partly
within Vail Valley right-of-way, and partly on Town of Vail Stream Tract.
II. BACKGROUND
In 1996, the former owner of the Tyrolean requested approval from the Town Council to
remove two stairs that went from the Tyrolean down to the Gore Creek path and
construct a single staircase in their stead. The reason being that the dwelling unit under
the Tyrolean Restaurant was going to be combined and only needed a single staircase.
The stairs are the only pedestrian access to the building as there is no sidewalk
extending down from South Frontage Rd intersection, or a sidewalk down along the
east side of Blue Cow Chute.
The proposed stairs would be in the same location as the existing stairs. They are
proposed to be built with concrete and pavers with metal hand railings in comparison to
the wooden stairs and wooden hand railings that exist today. The existing conditions of
the stairs can be seen in the photos in Attachment B – Existing Conditions. The exact
design and construction of the stairs would be determined through the Design Review
Board process.
Per the Town’s adopted Policy for Use of Town Property (Attachment C) permanent
improvements or “other improvements” are not allowed in Stream Tract. The policy is
clear that this applies to construction that was done without approval or new requests
but is not specific on how the policy applies to existing improvements that have received
approval in the past.
III. APPLICABLE PLANNING DOCUMENTS
Vail Village Master Plan
189
Town of Vail Page 2
Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and accessible green
space areas, including pocket parks and stream access.
Policy 3.4.1: Physical improvements to property adjacent to stream tracts shall not
further restrict public access.
Policy 3.4.2: Private development projects shall be required to incorporate new
sidewalks along streets adjacent to the project as designated in the Vail Village Master
Plan and/or Recreation Trails Master Plan.
Policy 3.4.3: The “privatization” of the town-owned Gore Creek stream tract shall be
strongly discouraged.
Policy 3.4.4: Encroachment of private improvements on the town-owned Gore Creek
stream tract shall be prohibited.
Policy 3.4.5: The Town shall require the removal of existing improvements constructed
without the Town’s consent within the town-owned Gore Creek stream tract.
IV. RECOMMENDED MOTIONS
Town Council shall approve, approve with conditions, or deny the applicant’s request for
permission to proceed through the Design Review Board process.
If Town Council wishes to approve the request, staff recommends the following motion:
“I move to approve the applicant’s request for permission to proceed with the
reconstruction of the stairs on Town property.”
If Town Council wishes to approve, with conditions, the request, staff recommends
the following motion:
“I move to approve the applicant’s request for permission to proceed with the
reconstruction of the stairs on Town property, with the following conditions:
1. The applicant shall remove the landscape planters and walkway that extend on
Town Stream Tract off the South and Southeast corner of the applicant’s
property.
2. No heating of the stairs shall be permitted.
3. No lighting shall be added to the stairs in the Stream Tract.”
If Town Council wishes to deny the request, staff recommends the following motion:
“I move to deny the applicant’s request for permission to proceed with the
reconstruction of the stairs on Town property.”
190
Town of Vail Page 3
V. ATTACHMENTS
A. Applicant Narrative
B. Existing Condition
C. Policy for the Use of Town Property
191
Narrative, submitted by Ric Fields
The Tyrolean HOA would like permission to replace the existing steps leading from their
auto court to the main path along Gore Creek. These steps are in very poor condition with
non-conforming lighting and safety measures. What the Tyrolean HOA would like is to
replace existing steps with is a stair in the same location as the existing one which will be
far superior to in terms of materials, ease of use, safety, lighting, and compatibility to its
context. This stair will be heated and will match the materials of the Tyrolean auto court
and other walkways. That the existing stair (and proposed improved stair) lies on Town
property poses a complication which we'd like to address with Council for permission to
proceed with its replacement.
We understand the Town has adopted Resolution No. 55 in December of 2024 which
addresses different allowable and non-allowable uses of Town property. This resolution is
a good tool for the Town to refer to as means of preventing proposed improvements on its
property to preserve its character. What it doesn't address is a replacement of an existing
improvement. If we were to approach the Town with a proposal for an improvement on
Town property with a permanent stair where one does not currently exist, it would be
reasonable for Council to point to this resolution as a means of denial. One does exist,
however, on property adjacent to the Tyrolean's and should be improved to serve residents
of the Tyrolean and anyone seeking access to the Gore Creek pathway.
This piece of Town property has already been impacted by the construction of the existing
stair. We'll make every reasonable effort to minimize site disturbance during its
replacement and welcome Town suggestions for how to do so more effectively.
We see this small project as a benefit to the Town, the Tyrolean, and public access to the
Creek: what this upgrade will bring is safe access the main path on a site-sensitive,
aesthetically pleasing, and contemporary path and the elimination of an eyesore from a
very popular public circulation.
The Tyrolean HOA would like very much to improve the Town's property and welcome the
opportunity to present this to the Design Review Board for its consideration.
192
193
RESOLUTION NO. 55
Series of 2024
A RESOLUTION APPROVING A TOWN OF VAIL POLICY FOR THE USE OF TOWN
PROPERTY
WHEREAS, the Town Council wishes to adopt a policy for the use of Town
property, as set forth in Exhibit A, attached hereto and incorporated herein by this
reference (the "Use Policy").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Use Policy in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 3rd day of December 2024.
ATTEST:
l4Qivue --'
Stephanie Kauffman, Town Clerk
ICJ
Travis Cogg' ayor
0R'°
O R A-T
194
Town
of
Vail
Use
of
Town
Property
Policy
The
Town
of
Vail
receives
hundreds
of
requests
each
year
to
utilize
Town
Property
for
construction,
access,
staging,
parking,
utility
infrastructure,
and
private
improvements/
enhancements.
To
help
facilitate
construction
while
maintaining
the
condition
and
character
of
Town
Property
the
Town
has
developed
the
following
policy
to
identify
where
it
is
permissible
for
these
types
of
uses.
Prior
to
use
of
any
Town
Property
for
any
of
the
above -
mentioned
uses
or
related
uses
the
user
must
receive
Town
approval.
Failure
to
do
so
shall
be
considered
trespassing
and
subject
to
Colorado
State
Law
and/
or
penalties
in
accordance
with
the
Town
Code.
Most
permissible
uses
will
be
governed
by
Vail
Town
Code
Title
8
Public
Ways
and
Property.
https://
codeIibrarv.
amleizaI.
com/
codes/
vaiIco/
latest/
vaiI
co/
0-
0-
0-
5540 .
The
following
table
more
specifically
identifies
the
type
of
approval
required
when
requesting
use
of
various
types
of
Town
Property.
Please
contact
the
Town
of
Vail
Public
Works
Department
to
apply
for
specific
permits
that
are
listed
for
allowable
uses.
Uses
listed
as
Not
Permitted,
are
not
allowed,
and
will
be
considered
trespass,
unless
specifically
identified
as
a
Town
Project
and/
or
maintenance
authorized
by
Town
Staff,
or
otherwise
approved
by
Town
Council.
Use
Type/
Description
Utilitv
Construction Temporary
Soil
Nails
Temoorary
Construction
Access
Temporary
Construction
Temporary
Construction
Permanent
Improvements
per
Code
Driveway.
Ped
Access.
Landscaoe....
l
ht
of Requires
Public
Way
Permit Requires
Soil
Nail
License
Agreement
Requires
Public
Way
Permit Requires
Public
Way
Permit Requires
Public
Way
Permit Requires
Revocable
ROW
permit
Town
Property
Type
Developed
I
Undeveloped
Requires
Council
Approved
Easement
Requires
Council
Approval Requires
Public
Way
Permit Requires
Public
Way
Permit Requires
Public
Way
Permit NOT
permitted
Other
Improvements
I
NOT
permitted
NOT
permitted
Requires
Council
Approved
Easement
Requires
Council
Approval NOT
permitted
NOT
permitted
NOT
permitted
NOT
permitted
NOT
permitted
Stream
Tract
Requires
Council
Approved
Easement
NOT
permitted
NOT
permitted
NOT
permitted
NOT
permitted
NOT
permitted
NOT
permitted
195